Legal Question in Real Estate Law in Nevada
Nevada commercial real estate loans
If one has a personal guarantee on a commercial property loan and has both LLC and personal guaranty can you go after the borrower and the property? I don't believe Nv is a single action rule state?
1 Answer from Attorneys
Re: Nevada commercial real estate loans
NRS 40.430 Action for recovery of debt secured by mortgage or other lien; �action� defined.
1. Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.430 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.