Legal Question in Real Estate Law in Nevada

foreclosure eviction

I lent money on real property which I had to foreclose on because the borrower had not made a payment since June 2000. The law stipulates so much time to allow the occupant to vacate after issuance of trustee's deed upon sale and the affidavit of sale, which took place December 6. Letters were sent the early part of December, by the constables office stating he had 5, then 3 then another 3 days to vacate. In the state of Nevada, the constable does not evict anyone during the month of December because its the holidays. Finally mid-January the constable knocked on the debtors door explaining he needed to vactate the premises. He has made no attempts to move any of his possessions and now wants time to do so. I'm getting conflicting information about allowing more ''reasonable'' (not defined) time for him to move his possessions. Can't we hire a moving company at his expense to move his things and if he wishes to recover them-he needs to pay moving and handling fees?


Asked on 1/22/01, 8:21 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: foreclosure eviction

After a properly served 3-day notice, a verified complaint for unlawful detainer, seeking a writ of restitution of the premises, must be filed and properly served. An order shortening time is often appropriate. Defendants are entitled to all available defenses (this is NOT a summary eviction proceeding) and a jury trial. Don't try this at home. Nevada legal questions are answered at www.nvlaw.com.

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Answered on 2/15/01, 1:06 pm


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