BRANCH BANKING v. WINDHAVEN & TOLLWAY, LLC

Nos. 59638, 60527.

347 P.3d 1038 (2015)

BRANCH BANKING and Trust Company, A North Carolina Banking Corporation, Appellant, v. WINDHAVEN & TOLLWAY, LLC, A Nevada Limited Liability Company; Stanley H. Wasserkrug, an Indvidual; Susan S. Wasserkrug, an Individual; Stanley Howard Wasserkrug and Susan Schwartz Wasserkrug, as Trustees of the Wasserkrug Family Trust Dated November 13, 2003; Keith K. Lyon, an Individual; Keith K. Lyon, as Trustee of the Keith K. Lyon Living Trust, Dated October 29, 2003; Stacy M. Rush, an Individual; Adrienne J. Rush, an Individual; Stacy M. Rush and Adrienne J. Rush, as Trustees of the Stacy and Adrienne Rush Family Trust Dated March 22, 1993; Thomas B. Acevedo, an Individual; and Greenstreet Properties, LLC, A Nevada Limited Liability Company, Respondents. Branch Banking and Trust Company, Appellant, v. Windhaven & Tollway, LLC, A Nevada Limited Liability Company; Stanley H. Wasserkrug, an Individual; Susan S. Wasserkrug, an Individual; Stanley Howard Wasserkrug and Susan Schwartz Wasserkrug, as Trustees of the Wasserkrug Family Trust Dated November 13, 2003; Keith K. Lyon, an Individual; Keith K. Lyon, as Trustee of the Keith K. Lyon Living Trust, Dated October 29, 2003, A Trust; Stacy M. Rush, an Individual; Adrienne J. Rush, an Individual; Stacy M. Rush and Adrienne J. Rush, as Trustees of the Stacy and Adrienne Rush Family Trust Dated March 22, 1993; Thomas B. Acevedo, an Individual; and Greenstreet Properties, LLC, A Nevada Limited Liability Company, Respondents.

Supreme Court of Nevada.

March 30, 2015.


Attorney(s) appearing for the Case

Holland & Hart, LLP, and Frank Z. LaForge and Jeremy J. Nork , Reno, for Appellant.

Bogatz Law Group and I. Scott Bogatz , Charles M. Vlasic, III , and YanXiong Li , Las Vegas, for Respondents Windhaven & Tollway, LLC; Stanley H. Wasserkrug; Susan S. Wasserkrug; Keith K. Lyon; Stacy M. Rush; Adrienne J. Rush; and Greenstreet Properties, LLC.

Law Offices of John M. Netzorg and John M. Netzorg , Las Vegas, for Respondent Thomas B. Acevedo.

O'Mara Law Firm, P.C., and David C. O'Mara , Reno, for Amicus Curiae Nevada Bankers Association.

BEFORE THE COURT EN BANC.


OPINION

NRS 40.455(1) permits a creditor or deed-of-trust beneficiary who is unable to fully recover its investment through foreclosure to bring an action for a deficiency judgment after "the foreclosure sale or the trustee's sale held pursuant to NRS 107.080, respectively." In this appeal, we determine...

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