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U.S. BANK NAT'L ASS'N v. PALMILLA DEV. CO.

No. 62112.

343 P.3d 603 (2015)

U.S. BANK NATIONAL ASSOCIATION, As Trustee for the Registered Holders of ML-CFC Commercial Mortgage Trust 2007-7 Commercial Mortgage Pass-Through Certificates Series 2007-7, by and Through Midland Loan Services, as its Special Servicer, Appellant, v. PALMILLA DEVELOPMENT CO., INC., a Nevada Corporation; and Hagai Rapaport, an Individual, Respondents.

Supreme Court of Nevada.

March 5, 2015.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber LLP and Joel D. Henriod , Daniel F. Polsenberg , and Robert M. Charles, Jr. , Las Vegas, for Appellant.

Deaner, Malan, Larsen & Ciulla and Brent A. Larsen , Las Vegas; Law Offices of Thomas D. Beatty and Thomas D. Beatty , Las Vegas, for Respondents.

Before HARDESTY, C.J., DOUGLAS and CHERRY, JJ.

OPINION

This case presents the question of whether NRS 40.455, which governs the award of deficiency judgments, applies when a court-appointed receiver sells real property securing a loan. More specifically, the parties dispute whether NRS 40.455(1)'s six-month filing deadline bars the mortgagee's recovery...

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