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LV DEBT COLLECT v. BANK OF NEW YORK MELLON

No. 84174.

534 P.3d 693 (2023)

139 Nev. Adv. Opn. 25

LV DEBT COLLECT, LLC, Appellant, v. The BANK OF NEW YORK MELLON, f/k/a The Bank of New York, AS TRUSTEE FOR the CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-02, MÓRTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-02, Respondent.

Supreme Court of Nevada.

Filed August 24, 2023.

Attorney(s) appearing for the Case

VC2 Law and Garrett R. Chase , Las Vegas, for Appellant.

Akerman LLP and Ariel E. Stern , Natalie L. Winslow , and Nicholas E. Belay , Las Vegas, for Respondent.

BEFORE THE SUPREME COURT, CADISH, PICKERING, and BELL, JJ.

OPINION

NRS 106.240 provides that certain liens on real property are automatically cleared from the public records after a specified period of time. In particular, NRS 106.240 provides that a lien that is created by a mortgage or deed of trust on real property is conclusively presumed to be discharged "10...

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