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SCHLEINING v. CAP ONE, INC.

No. 57934.

326 P.3d 4 (2014)

John SCHLEINING, A Married Man; and Decal Nevada, Inc., An Oregon Corporation, Appellants, v. CAP ONE, INC., A Nevada Corporation; Perry M. Di Loreto, Trustee of the Perry M. Di Loreto and Patricia E. Di Loreto Family Trust (u/t/d 10/16/81); Roger B. Primm, Trustee of the Roger B. Primm Family Trust (u/t/d 1/30/90); and Damonte Family Limited Partnership, A Nevada Limited Partnership, Respondents.

Supreme Court of Nevada.

May 29, 2014.

Attorney(s) appearing for the Case

Molof & Vohl and Lee Molof and Robert C. Vohl , Reno, for Appellants.

McDonald Carano Wilson, LLP, and Paul J. Georgeson and Kerry S. Doyle , Reno, for Respondents.

BEFORE THE COURT EN BANC.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider the application of NRS 40.453 and NRS 107.095 in the context of a lender's claim for a deficiency judgment against a guarantor. First, we are asked to determine whether NRS 40.453, which generally prohibits borrowers and guarantors from contractually "waiv[ing] any right secured to th[at] person by the laws of this state," invalidates a guarantor's waiver of the statutory right to be...

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