Legal Question in Real Estate Law in Nevada

What is the difference between a "Recourse/Non-Recourse State" vs. "One Action State"? I own a condo in Reno, NV that may move into foreclosure. I now reside in California. Can the lender sue me for my personal assets after foreclosure? What is their time frame? THANK YOU!


Asked on 1/13/10, 5:49 am

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Your loan agreement will usually set forth the applicable State law governing the lender's and borrower's rights in the event of a foreclosure. The difference between the State laws of California and Nevada may affect your important legal rights and responsibilities. In the event your loan agreement does not limit recourse to your personal assets, upon default your lender may, in one lawsuit, collect its entire claim out of a borrower's or guarantor's personal assets. The lender may, in some cases, foreclosure first and after foreclosure, if the foreclosure sale proceeds are insufficient to satisfy all of the sums due, pursue the borrower or guarantor personally for any deficiency in a court of law.

Your attorney can explain further.

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Answered on 1/18/10, 4:07 pm


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