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    Aug272012

    Are You Being Threatened With A Deficiency Judgment?

    On October 1, 2012, our firm will be arguing a case before the Nevada Supreme Court that is likely to affect the tens of thousands of Nevadans facing the threat of a deficiency judgment following the loss of their home or real estate investments.

    A large number of primarily out of state investors have made it their business to buy secured loans at massive discounts, foreclose on the real property, and then sue the borrowers and guarantors for a deficiency, based on the full amount of the loan. In 2011, the Nevada Legislature determined that this practice was having a detrimental impact on the economic recovery of the State. They sought to put an end to that practice through the passage of AB 273. Thus, under current law, a lender seeking a deficiency is limited to the amount of consideration paid for the loan, minus the fair market value of the property. If the fair market value of the foreclosed property exceeds the amount paid for the loan, there is no deficiency.

    This remedial statute governs all deficiency judgments awarded on or after the effective date, which was June 10, 2011. It was given this immediate effect in order to help Nevadans recover from this current economic crisis.

    Not surprisingly, those institutions seeking to profit from this practice would like to see the statute defeated. They have argued that the statute should not apply to existing cases, but should only come into play in the future. They have made various other arguments as well.

    The Nevada Supreme Court has scheduled two cases for oral argument on October 1, 2011. It is expected that those two cases will decide all of the issues that have been raised by the lender lobby in an effort to defeat the intent of the Nevada Legislature. Our firm is pleased to be representing the guarantors in one of those cases.

    Since this issue is so important to so many Nevadans, we will continue to keep you informed as to any developments in thes two important cases, and will also share with you some of the briefing that has been done in arguing these cases. Of course, if you are facing a threat of a deficiency judgment, we would be happy to help you with your case.

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