Request for Judicial Notice: Laws & Regulations Exhibit 10 actions to determine conflicting claims to real property

Elements of Quiet Title

In Nevada, the elements for a claim of quiet title are:

1. Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS 40.010;2. Complaint must be verified. NRS 40.090-1;

3. Summons must be issued within one year of filing the complaint and served per NRCP. NRS 40.100-1;

4. Lis Pendens must be filed with the county recorder within 10 days of filing of the complaint. NRS 40.090-3;

5. Copy of the Summons must be posted on the property within 30 days after the summons is issued, and an affidavit of posting must be filed with the court. NRS 40.100-2;

6. Disclaimer must be filed. NRS 40.020;

7. Affidavit to unknown heirs must be filed. NRS 14.040(3);

8. Court must hold a hearing on the evidence in order to issue judgment.

9. Quiet title may not be obtained through default judgment. NRS

40.110; and

10. Record a certified copy of the judgment quieting title. NRS 247.120(0).

foyner v. Bank of America Home Loans. Case No. 2:09-CV-2406-RCJ-RJJ 2010 Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev.1996); Sceirine v. Densmore. 87 Nev. 9, 12,479 P.2d 779 (1971); MacDonald v. Krause. 77 Nev. 312, 317-18, 362 P.2d 724 (Nev.1961); Clay v. Scheeline Banking & Trust Co . 40 Nev. 9, 159 P. 1081, 1082-83 (1916) No. 2:09-CV-00567-RCJ-LRL, 2009 WL 5039495 (D. Nev. 2009); Del Webb Conservation Holding Corp. v. Tolman. 44 F. Supp. 2d 1105, 1109-10 (D. Nev 1999); Union Mill v. Mining Co. v. Warren, 82 F. 519, 520 (D. Nev. 1897); Howell v. Ricci, 197 P.3d 1044, 1046 n. 1 (Nev. 2008); Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev. 1996); Sceirine v. Densmore. 87 Nev. 9, 12,479 P.2d 779 (1971); MacDonald v. Krause. 77 Nev. 312, 317-18, 362 P.2d 724 (Nev.1961); Clay v. Scheeline Banking & Trust Co .. 40 Nev. 9, 159 P. 1081, 1082-83 (1916)

Jay Young, Nevada Law Blog

Nevada statutes on property disputes

NRS 40.010             Actions may be brought against adverse claimants.

An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.

NRS 40.010
NRS 40.020             Plaintiff not entitled to costs on default judgment or disclaimer.

If the defendant in such action disclaim in the defendant’s answer any interest or estate in the property, or suffer judgment to be taken against the defendant without answer, the plaintiff shall not recover costs.

NRS 40.020
NRS 40.050             Mortgage not deemed conveyance.

A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property in the absence of a foreclosure sale or in accordance with NRS 32.100 to 32.370, inclusive, NRS 107.100 or chapter 107A of NRS.

NRS 40.050
NRS 40.090  Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.

      1.  An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, personally or in combination with the person’s predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than 15 years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has, personally or through the person’s predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of 5 years next preceding the filing of the complaint, except that where clouds upon title to real property have been created by such person, and the action is brought to remove such clouds, or any of them, such period of actual, exclusive and adverse possession of such property shall be for more than 10 years. The action shall be commenced by the filing of a verified complaint averring the matters above enumerated.

      2.  The complaint must include as defendants in such action, in addition to such persons as appear of record to have some claim, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the land described in the complaint adverse to plaintiff’s ownership; and the complaint may also include as defendants any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto; and the plaintiff may describe such unknown defendants in the complaint as follows: “Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff’s ownership, or any cloud upon plaintiff’s title thereto.”

      3.  Within 10 days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the county recorder of the county where the property is situated, a notice of the pendency of the action containing the matters required by NRS 14.010.

      NRS 40.100  Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

1.  Within 1 year after the filing of the complaint, as required by NRS 40.090, a summons must be issued in the manner and form prescribed in the Nevada Rules of Civil Procedure. In addition to other requirements, the summons shall contain a description of the property described in the complaint. In the summons the unknown defendants shall be designated as in the complaint. Service of summons, whether personal or otherwise, shall be effected in the manner prescribed in the Nevada Rules of Civil Procedure; and the times for completion of service and appearance by the defendant shall be as prescribed therein.

      2.  Within 30 days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of the summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person who has or claims to have any right, title, estate, lien or interest in the property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under the unknown person shall be concluded by the judgment in such action as effectually as if the action had been brought against the person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability.

NRS 40.110             Court to hear case; must not enter judgment by default; effect of final judgment.

1.  When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiff’s title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiff’s title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law. The court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed.

      2.  The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada or the United States. The judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and the judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession or lien in or to the property under the plaintiff or the plaintiff’s predecessors in interest, which claim, lien, estate, title, right or possession has arisen or been created by the plaintiff or the plaintiff’s predecessor in interest within 10 years prior to the filing of the complaint.

NRS 40.120             Remedy is cumulative.

The remedy provided in NRS 40.09040.100 and 40.110 shall be construed as cumulative and not exclusive of any other remedy, form or right of action or proceeding now allowed by law.

Lis Pendens

NRS 14.010             Notice of pendency of actions affecting real property: Recording.

1.  In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his or her answer, if affirmative relief is claimed in the answer, shall record with the recorder of the county in which the property, or some part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby, and the defendant shall also in the notice state the nature and extent of the relief claimed in the answer.

      2.  A notice of an action affecting real property, which is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.

      3.  From the time of recording only, except as otherwise provided in NRS 14.017, the pendency of the action is constructive notice to a purchaser or encumbrancer of the property affected thereby. In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the recording of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the recording of the notice, and subject thereto, unless NRS 14.017 is applicable or they can show that, at the time of recording the notice, the plaintiff had actual notice of the purchase or encumbrance.

NRS 14.015             Notice of pendency of actions affecting real property: Hearing; cancellation; bond.

1.  After a notice of pendency of an action has been recorded with the recorder of the county, the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.

      2.  Upon 15 days’ notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, establish to the satisfaction of the court that:

      (a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;

      (b) The action was not brought in bad faith or for an improper motive;

      (c) The party who recorded the notice will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and

      (d) The party who recorded the notice would be injured by any transfer of an interest in the property before the action is concluded.

      3.  In addition to the matters enumerated in subsection 2, the party who recorded the notice must establish to the satisfaction of the court either:

      (a) That the party who recorded the notice is likely to prevail in the action; or

      (b) That the party who recorded the notice has a fair chance of success on the merits in the action and the injury described in paragraph (d) of subsection 2 would be sufficiently serious that the hardship on him or her in the event of a transfer would be greater than the hardship on the defendant resulting from the notice of pendency,

Ê and that if the party who recorded the notice prevails he or she will be entitled to relief affecting the title or possession of the real property.

      4.  The party opposing the notice of the pendency of an action may submit counter-affidavits and other evidence which the court permits.

      5.  If the court finds that the party who recorded the notice of pendency of the action has failed to establish any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall order the party who recorded the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.

      6.  If the court finds that the party who recorded the notice of pendency of the action has established the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so cancelled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.

NRS 14.017             Notice of pendency of actions affecting real property: Transferability of property after withdrawal or cancellation

1.  Upon the withdrawal of a notice of the pendency of an action affecting real property, or upon the recordation of a certified copy of a court order for the cancellation of a notice of the pendency of such an action with the recorder of the county in which the notice was recorded, each person who thereafter acquires an interest in the property as a purchaser, transferee, mortgagee or other encumbrancer for a valuable consideration, except a party to the action who is not designated by a fictitious name at the time of the withdrawal or order of cancellation, shall be deemed to be without knowledge of the action or of any matter, claim or allegation contained therein, irrespective of whether the person has or at any time had actual knowledge of the action or of any matter, claim or allegation contained therein.

      2.  The purpose of this section is to provide for the absolute and complete transferability of real property after the withdrawal or cancellation of a notice of the pendency of an action affecting the property.

Request for Judicial Notice: Laws & Regulations Exhibit 9 Declaratory Judgments

NRS Chapter 30 Declaratory Judgments

NRS 30.030             Scope.

Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

NRS 30.030

NRS 30.040             Questions of construction or validity of instruments, contracts and statutes.

1.  Any person interested under a deed, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

NS 30.040

NRS 30.070             Enumeration not exclusive.

The enumeration in NRS 30.04030.050 and 30.060 does not limit or restrict the exercise of the general powers conferred in NRS 30.030 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

NRS 30.070

NRS 30.080             Discretion of court to render or enter judgment.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

NRS 30.080

NRS 30.090             Review.

All orders, judgments and decrees under NRS 30.010 to 30.160, inclusive, may be reviewed as other orders, judgments and decrees.

NRS 30.090

NRS 30.100             Supplemental relief.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.

NRS 30.100

NRS 30.110             Jury trial.

When a proceeding under NRS 30.010 to 30.160, inclusive, involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

NES 30.110

NRS 30.120             Costs.

In any proceeding under NRS 30.010 to 30.160, inclusive, the court may make such award of costs as may seem equitable and just.

NES 30.120

NRS 30.130             Parties.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding

NRS 30.130

NRS 30.140             Construction.

NRS 30.010 to 30.160, inclusive, are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and are to be liberally construed and administered.

NRS 30.140

Request for Judicial Notice: Laws & Regulations Exhibit 8 Documentary evidence

NRS 52.235  Original required.  

To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in this title.

NRS 52.235

 NRS 52.260  Record made in course of regularly conducted activity; affidavit required.

      1.  The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit.

      2.  The custodian of the record or other qualified person must verify in the affidavit that the record was made:

      (a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and

      (b) In the course of the regularly conducted activity.

NRS 52.260

Request for Judicial Notice: Laws & Regulations Exhibit 6 Sanctions & damages

Nevada Rules of Professional Conduct (as amended through 10/19/19)

Nevada Rules of Professional Conduct excerpts related to the instant action

ABA Standards for Imposing Lawyer Sanctions (as amended 1992)

ABA Standards for Imposing Lawyer Sanctions – excerpts

NRCP 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

(b) Representations to the Court.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

NRCP 11(b)
(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney fees, incurred for presenting or opposing the motion.

(3) On the Court’s Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a

penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

NRCP 11(c)

 NRS 18.010  Award of attorney’s fees.

      2.  In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorney’s fees to a prevailing party:

(b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought or maintained without reasonable ground or to harass the prevailing party. The court shall liberally construe the provisions of this paragraph in favor of awarding attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award attorney’s fees pursuant to this paragraph and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public

NRS 18.010(2)(b)

NRS 42.005  Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.

1.  Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:      

(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more;

3.  If punitive damages are claimed pursuant to this section, the trier of fact shall make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the provisions of this section. The findings required by this section, if made by a jury, must be made by special verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount of an award of punitive damages prescribed in subsection 1.

NRS 42.005 (1) (3)

NRS 41.1395  Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs.

1.  Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.

2.  If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney’s fees and costs of the person who initiated the lawsuit.

4.  For the purposes of this section:

      (b) “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that person’s money, assets or property; or

             (2) Convert money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that person’s money, assets or property.

      (d) “Older person” means a person who is 60 years of age or older.

NRS 41.1395
 “Legal Issues Related to Elder Abuse: A Desk Guide for Law Enforcement” American Bar Association

Request for Judicial Notice: Laws & Regulations Exhibit 5 Limits on Fraud and Racketeering

 NRS 111.175  Conveyances made to defraud prior or subsequent purchasers are void. 

NRS 205.330  Fraudulent conveyances.

NRS 205.372  Mortgage lending fraud; penalties; civil action.

NRS 205.377  Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

1.  A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:

      (a) The person knows to be false or omitted;

      (b) The person intends another to rely on; and

      (c) Results in a loss to any person who relied on the false representation or omission,

NRS 205.377

NRS 205.380  Obtaining money, property, rent or labor by false pretenses.

NRS 205.395  False representation concerning title; penalties; civil action.

NRS 207.230           Acting without lawful authority.

 NRS 205.405  Falsifying accounts.  

NRS 207.360       “Crime related to racketeering” defined.

9.  Taking property from another under circumstances not amounting to robbery;

18.  Grand larceny;

26.  Receiving, possessing or withholding stolen goods valued at $650 or more;

27.  Embezzlement of money or property valued at $650 or more;

28.  Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;

29.  Perjury or subornation of perjury;

30.  Offering false evidence;

35.  Any violation of NRS 205.377;

NRS 207.360

NRS 207.400       Unlawful acts; penalties.

NRS 207.470       civil actions for damages resulting from racketeering.

1.  Any person who is injured in his or her business or property by reason of any violation of NRS 207.400 has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorney’s fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the State may have to the same property or proceeds if the injured person’s claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the State.

4.  Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty

NRS 207.480  Order of court upon determination of civil liability.  

NRS 207.520       Limitation of actions.

ANTI-FORECLOSURE FRAUD LAWS

AB 284 (2011) summary and legislative digest

Nevada’s 2011 anti-foreclosure fraud “robo-signing” bill amended NRS 107 and NRS 205 to make these changes:

  1. specifies duties of the trustee;
  2. assignments not effective unless and until recorded;
  3. a notarized affidavit under penalty of perjury that the lender or trustee is in actual possession of the note;
  4. civil penalties for mortgage lending fraud;
  5. Section 9 amends NRS 107.080, which is one of the main statutes related to foreclosures.
  6. It requires a notice of default or “NOD” to include a notarized affidavit of the trustee’s authority to exercise the power of sale.
  7. The affidavit must spell out all the money that is owed, and must include a statement under penalty of perjury that the lender or the trustee is in actual possession of the note.
  8. As in section 6, it sets forth civil penalties for violations.

NRS 107.028 Trustees: Qualifications; limitations on powers

2.  A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.

NRS 107.028(2)

12 CFR1026.39        Mortgage transfer disclosures  – Truth in Lending (TILA) requirements of disclosure of change of beneficiary

SB 321 (2013)          Nevada Homeowner Bill of Rights – prevention of “dual tracking”

Request for Judicial Notice: Laws & Regulations Exhibit 4 Limits on conveyance of real property

NRS 111 Statute of Frauds

NRS 111.105  Conveyances by deed.  

NRS 111.120  Conditions necessary before proof by subscribing witness can be taken.  

NRS 111.125 Proof required from subscribing witnesses. 

NRS 111.175  Conveyances made to defraud prior or subsequent purchasers are void. 

NRS 111.180  Bona fide purchaser: Conveyance not deemed fraudulent in favor of bona fide purchaser unless subsequent purchaser had actual knowledge, constructive notice or reasonable cause to know of fraud.

Relevant to Jimijack’s 6/9/15 inadmissible deed.

See 1/11/17 Nona Tobin’s Declaration under penalty of perjury

All subsequent transfers of Jimijack’s defective deed were void.

NRS 111.340  Certificate of acknowledgment and record may be rebutted.  Neither the certificate of the acknowledgment nor of the proof of any conveyance or instrument, nor the record, nor the transcript of the record, of such conveyance or instrument, shall be conclusive, but the same may be rebutted.

NRS 111.345  Proof taken upon oath of incompetent witness: Instrument not admissible until established by competent proof.  If the party contesting the proof of any conveyance or instrument shall make it appear that any such proof was taken upon the oath of an incompetent witness, neither such conveyance or instrument, nor the record thereof, shall be received in evidence, until established by other competent proof.

NRS 240 NOTARY PUBLICS

NRS 240.120  Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions.

NRS 240.155  Notarization of signature of person not in presence of notary public unlawful; penalty.

NRS 240.075 Prohibited acts.  A notary public shall not:

      2.  Certify an instrument containing a statement known by the notary public to be false.

      3.  Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120.

NRS 240.075

NRS 240.147  Unlawful destruction, defacement or concealment of notarial record.  

Request for Judicial Notice: Laws & Regulations Exhibit 2 Limits on HOA Board’s authority to impose sanctions

Nevada laws

NRS 116.1104         Provisions of chapter may not be varied by agreement, waived or evaded; exceptions.

NRS 116.1108         Supplemental general principles of law applicable.

NRS 116.1112         Unconscionable agreement or term of contract.

NRS 116.1113            Obligation of good faith

NRS 116.3102         Powers of unit-owners’ association; limitations.sociation; limitations.

NRS 116.3103         Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power.

NRS 116.31031   Power of executive board to impose fines and other sanctions for violations of governing documents; limitations; procedural requirements; continuing violations; collection of past due fines; statement of balance owed.

NRS 116.3106         Bylaws.

      1.  The bylaws of the association must:

      (d) Specify the powers the executive board or the officers of the association may delegate to other persons or to a community manager;

NRS 116.3106(1)(d)

NRS 116.31065          Rules

NRS 116.3108         Meetings of units’ owners of association; opening and counting of ballots for election of members of executive board required; frequency of meetings; calling special meetings; requirements concerning notice and agendas; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of meetings.

NRS 116.31083       Meetings of executive board; frequency of meetings; notice of meetings; periodic review of certain financial and legal matters at meetings; requirements concerning minutes of meetings; right of units’ owners to make audio recordings of certain meetings.

NRS 116.31084       Voting by member of executive board; disclosures; abstention from voting on certain matters.

NRS 116.31085       Right of units’ owners to speak at certain meetings; limitations on right; limitations on power of executive board to meet in executive session; procedure governing hearings on alleged violations; requirements concerning minutes of certain meetings.

NRS 116.31087       Right of units’ owners to have certain complaints placed on agenda of meeting of executive board.

Sun City Anthem Governing Documents

SCA third amended & restated CC&Rs 2008

SCA Third Amended and Restated Bylaws, 2008

Sun City Anthem CC&Rs 7.4 Compliance & Enforcement

Sun City Anthem bylaws 3.15 Open HOA Board meetings

Sun City Anthem bylaws 3.15A Executive session HOA Board meeting

Sun City Anthem bylaws 3.17        Powers of the HOA Board

Sun City Anthem bylaws 3.18. Duties of the HOA Board

Sun City Anthem bylaws 3.20. Management; Defines what HOA Board duties SHALL not be delegated

 Sun City Anthem bylaws 3.25. Board standards. Directors are fiduciaries

Sun City Anthem bylaws 3.21 (f)(v) Delinquency reports must be published quarterly

Sun City Anthem bylaws 3.21      Accounts and reports: delinquency report

(v) a delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and describing the status of any action to collect such assessments which remain delinquent ( any assessment or installment thereof shall be considered to be delinquent on the 15th day following the due date unless otherwise specified by Board resolution).

SCa bylaws 3.21 (f)(v)

Sun City Anthem bylaws 3.26. Enforcement procedures

SCA Board did not comply with HOA meeting laws

The sale of 2763 White Sage Drive is voidable.

Sale was not authorized by a SCA Board action taken in compliance with the provisions of NRS 116.31083 and NRS 116.31085

  1. NRS 116.3102 define the powers of unit-owners’ association.
  • NRS 116.3102(m) limits the association’s authority to sanction an owner for an alleged violation of the governing documents by requiring the association to provide notice and due process as delineated in NRS 116.31031 to the owner who may be sanctioned.

(m) May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031.

NRS 116.3102(m)

With certain exceptions defined in NRS 116.31085Board actions must occur at duly called Board meetings, compliant with the provisions of NRS 116.31083i.e.,

  • that are open to all unit owners,
  • that provide meaningful notice of the actions the Board intends to take at that meeting,
  • that provide minutes of all Board decisions made and actions taken.

SCA Board voted in closed meetings to impose sanctions without notice

SCA board did not take any valid votes to authorize the sale of 2763 White Sage in any open meeting with agendas and minutes that complied with the requirements in NRS 116.31083  (2013)  and NRS 116.31085 (2013).

Therefore, the decision and the sale are voidable.

No compliant agendas announced an intent to foreclose

  • SCA did not publish notice of its intent to authorize the sale of 2763 White Sage Drive on any agenda for any meeting of the Board in the manner prescribed by NRS 116.31083(5) and NRS 116.3108(4).
  • According to NRS 116.31083(5), meetings of an association’s executive board must comply with the provisions of subsection 4 of NRS 116.3108. 
  • NRS 116.3108(4) defines requirements of notice and agendas:

(a)        A clear and complete statement of the topics scheduled to be considered during the meeting, …

(b)       A list describing the items on which action may be taken and clearly denoting that action may be taken on those items. In an emergency, the units’ owners may take action on an item which is not listed on the agenda as an item on which action may be taken.

(c) A period devoted to comments by units’ owners regarding any matter affecting the common-interest community or the association and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).

NRS 116.3108(4)

No minutes of any SCA Board meeting, compliant with NRS 116.31083 and NRS 116.31085, document a Board action to authorize the foreclosure of 2763 White Sage Drive was ever taken, and therefore the decision is voidable.

  • NRS (2013) 116.31083 (8) (10) require the Board to maintain “the minutes of each meeting of the executive board until the common-interest community is terminated.”  that include the following specific information:

8. Except as otherwise provided in subsection 9 (Section 9 allows the Board to “establish reasonable limitations on materials, remarks or other information to be included in the minutes of its meetings.”) and NRS 116.31085, the minutes of each meeting of the executive board must include:

(a) The date, time and place of the meeting;

(b) Those members of the executive board who were present and those members who were absent at the meeting;

c) The substance of all matters proposed, discussed or decided at the meeting;

(d) A record of each member s vote on any matter decided by vote at the meeting; and

e) The substance of remarks made by any unit s owner who addresses the executive board at the meeting if the unit s owner requests that the minutes reflect his or her remarks or, if the unit s owner has prepared written remarks, a copy of his or her prepared remarks if the unit s owner submits a copy for inclusion.

IMPERMISSIBLE TO SANCTION AN OWNER IN A CLOSED MEETING without a hearing

  • The decision to foreclose on 2763 White Sage was made in a closed session which was not permissible under the terms of NRS 16.31085 (3) (4) and is therefore voidable.
  • NRS 116.31085(3) defines the only permissible topics of discussion and actions the Board is authorized to take in an executive session closed to owners

NRS 116.31085 (3)

 3.  An executive board may meet in executive session only to:

      (a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive.

      (b) Discuss the character, alleged misconduct, professional competence, or physical or mental health of a community manager or an employee of the association.

      (c) Except as otherwise provided in subsection 4, discuss a violation of the governing documents, including, without limitation, the failure to pay an assessment.

      (d) Discuss the alleged failure of a unit’s owner to adhere to a schedule required pursuant to NRS 116.310305 if the alleged failure may subject the unit’s owner to a construction penalty.

NRS 116.31085 (3)
  1. Whereas NRS 116.31085(3)(c) only authorizes the Board to “discuss” alleged violations of the governing documents in executive session, NRS 116.31085(4) only permits Board action to sanction an owner for an alleged violation in closed session when it holds a hearing at which the owner can present a defense to dissuade the Board from imposing a sanction for an alleged violation.

NRS 116.31085(4)

      4.  An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted by the executive board. If the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted, the person:

      (a) Is entitled to attend all portions of the hearing related to the alleged violation, including, without limitation, the presentation of evidence and the testimony of witnesses;

      (b) Is entitled to due process, as set forth in the standards adopted by regulation by the Commission, which must include, without limitation, the right to counsel, the right to present witnesses and the right to present information relating to any conflict of interest of any member of the hearing panel; and

      (c) Is not entitled to attend the deliberations of the executive board.

NRS 116.31085(4)

NO MINUTES = IT NEVER HAPPENED

  1. NRS 116.31085(6) requires the Board to report its actions taken in closed session in the regular Board minutes.

6. Except as otherwise provided in this subsection, any matter discussed by the executive board when it meets in executive session must be generally noted in the minutes of the meeting of the executive board.

NRS 116.31085(6)
  1. There are no minutes of any SCA Board meeting that document a Board action to authorize the sale of 2763 White Sage Drive.
  2. NRS 116.31085 (6) also defines a sanctioned owner’s right to receive minutes of any closed meeting at which the Board took action to sanction an owner for an alleged violation pursuant to a hearing.

The executive board shall maintain minutes of any decision made pursuant to subsection 4 concerning an alleged violation and, upon request, provide a copy of the decision to the person who was subject to being sanctioned at the hearing or to the person’s designated representative.

  1. SCA refused to provide minutes as required by NRS 116.31085(6) to document a decision to foreclose was made pursuant to a hearing make the action voidable.
  2. See 2/26/19 SCA response to Tobin’s RFDs (request for documents) .
  3. See 2/26/19 SCA response to Tobin’s ROGs (interrogatories)
  4. The fact that SCA Board did not provide notice of its intent to authorize the foreclosure of 2763 White Sage, nor offer the owner an opportunity for an open hearing, nor hold a hearing that provided the owner with the mandated due process is evidenced by CAM Lori Martin’s June 1, 2016 email refusing Tobin’s request for minutes of any meeting at which the BOD took action to foreclose:

“Your request for the “minutes where actions leading to foreclosure for delinquent assessment(s) was approved for 2763 White Sage” cannot be fulfilled since those minutes are Executive Session minutes and not privy to the anyone except the Board. The only time Executive Session minutes are released to a homeowner is if a hearing was held and then, only that portion of the meeting minutes is provided.”

CAM Lori Martin’s June 1, 2016 email refusing Tobin’s request for minutes

No notice or hearing was provided

SCA Board did not provide mandated notice and hearing prior to imposing a sanction for the alleged violation of delinquent assessments

NRS 116.31031 requires any HOA Board to provide due process to an owner prior to the imposition of any penalty for an alleged violation of the governing documents.

4.  The executive board may not impose a fine pursuant to subsection 1 unless:

      (a) Not less than 30 days before the alleged violation, the unit’s owner and, if different, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the alleged violation; and

      (b) Within a reasonable time after the discovery of the alleged violation, the unit’s owner and, if different, the person against whom the fine will be imposed has been provided with:

             (1) Written notice:

                   (I) Specifying in detail the alleged violation, the proposed action to cure the alleged violation, the amount of the fine, and the date, time and location for a hearing on the alleged violation; and

                   (II) Providing a clear and detailed photograph of the alleged violation, if the alleged violation relates to the physical condition of the unit or the grounds of the unit or an act or a failure to act of which it is possible to obtain a photograph; and

             (2) A reasonable opportunity to cure the alleged violation or to contest the alleged violation at the hearing.

–For the purposes of this subsection, a unit’s owner shall not be deemed to have received written notice unless written notice is mailed to the address of the unit and, if different, to a mailing address specified by the unit’s owner.

      5.  The executive board must schedule the date, time and location for the hearing on the alleged violation so that the unit’s owner and, if different, the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing.

      6.  The executive board must hold a hearing before it may impose the fine, unless the fine is paid before the hearing or unless the unit’s owner and, if different, the person against whom the fine will be imposed:

      (a) Executes a written waiver of the right to the hearing; or

      (b) Fails to appear at the hearing after being provided with proper notice of the hearing.

      7.  If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without providing the opportunity to cure the violation and without the notice and an opportunity to be heard required by paragraph (b) of subsection 4.

      8.  If the governing documents so provide, the executive board may appoint a committee, with not less than three members, to conduct hearings on alleged violations and to impose fines pursuant to this section. While acting on behalf of the executive board for those limited purposes, the committee and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the executive board and its members.

5/12/17 SCA attorney opinion

Adam Clarkson stated unironically, and apparently, with a complete lack of self-awareness, that SCA Board compliance with specific meeting laws is required for its corporate actions to be valid.

In his first legal opinion as SCA’s Legal counsel and debt collector, Clarkson stated, inter alia,

SCA Board did not comply with NRS 116 meeting laws when it made decisions regarding collection fines, debt forgiveness or foreclosures.

Further references

SCA CC&Rs 7.4 Compliance and Enforcement

SCA bylaws 3.26 Enforcement Procedures

11/15/12          NRED Advisory 12-05-116 Executive Session Agendas

SCA bylaws 3.15 provides that all HOA Board meetings must be open to members with specified exceptions. This provision parallels NRS 116.31083.

SCA bylaws 3.15A Executive Session defines the limited topics that can be discussed in closed meetings and define the due process required prior to the Board imposing a sanction against an owner for alleged violations of the governing documents.  This provision parallels NRS 116.31085.

NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation

NRS 116.31164(3) (2013) duties after the sale

NRS 116.31164(3) (2013) defines ministerial duties mandated on a debt collector after conducting an HOA foreclosure sale. Red Rock did not comply with 3(b) or 3(c ) after Red Rock sold 2763 White Sage without statutorily required notice to Nona Tobin on 8/15/14.

Rule 22. Interpleader

(a) Grounds.

(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or

(B) the plaintiff denies liability in whole or in part to any or all of the claimants.

(2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.

(b) Relation to Other Rules and Statutes. This rule supplements — and does not limit — the joinder of parties allowed by Rule 20. The remedy this rule provides is in addition to — and does not supersede or limit — the remedy provided by any Nevada statute authorizing interpleader. These rules apply to any action brought under statutory interpleader provisions, except as otherwise provided by Rule 81.

NRCP 22

Why interpleader was an abuse of process

NRCP 22 was corruptly utilized by Plaintiff Red Rock after unlawfully holding the sale proceeds for more than six years. Red Rock had no legitimate grounds for filing the interpleader action. Red Rock was not exposed to any liability as there were no recorded claims for those proceeds other than Nona Tobin’s 3/28/17 deed. Red Rock filed the interpleader complaint for improper purposes, including, but not limited to, the obstruction of the fair, evidence-based adjudication of Nona Tobin’s claims for quiet title and equitable relief.

What do HOA bylaws have to do with it?

NRS Chapter 116 is the chapter of the Nevada Revised Statutes that governs homeowners associations AKA “common-interest communities”.

NRS 116.3106 defines mandatory provisions that must be included in an HOA’s bylaws.

NRS 116.3106(1)(d) requires that an HOA’s bylaws define what an HOA Board of Directors can delegate

NRS 116.3106  Bylaws.

      1.  The bylaws of the association must:

      (d) Specify the powers the executive board or the officers of the association may delegate to other persons or to a community manager;

NRS 116.3106(1)(d)
Sun City Anthem bylaws 3.20/3.18 prohibit delegation of these duties:

Relevance to Red Rock’s misappropriation of the proceeds of the sale

Bylaws 3.18(b) levying and collecting assessments

SCA bylaws 3.18 (b) prohibited the Sun City Anthem Board from delegating policy control over “levying and collecting assessments”, but handled control of the debt collection and foreclosure function over to Red Rock based on the advice of its managing agent, FirstService Residential (FSR) who unjustly profited by misinforming the volunteer members of the HOA Board about their fiduciary duty to the HOA and to the common good of the membership at large.

Over-delegation caused by undisclosed conflict of interest

FirstService Residential (FSR) was both on contract with Sun City Anthem to be the managing agent and held the NRS 649 debt collection license doing business as Red Rock Financial Services, a partnership (EIN 88-0358132)

Link to FSR-SCA 3/31/14 management agreement

Link to RMI-SCA 1/1/10 management agreement is relevant only insofar as the HOA signed the contract with FSR after its agent RMI management, LLC was purchased by, or merged with, or somehow or another, morphed into FSR.

Secondly, this financial conflict of interest is relevant in that it allowed the agents to control all the records in a manner that allowed them to cover up the misappropriation of funds as well as the wrongful foreclosure of a dozen Sun City Anthem homes in 2014 when the transfer of managing agents occurred.

Bylaws 3.18(e) depositing funds in an approved bank and using funds to operate the HOA

Red Rock did not deposit the funds collected anywhere that they were used for the operation of the HOA.

The funds should have been placed in a Sun City Anthem Trust Account and certainly not in a Red Rock Financial Services Trust Account.

Bylaws 3.18(g) opening bank accounts and designating signatories required

Red Rock did not comply with these SCA bylaws restrictions on the proper depositing of these funds into an account where the Sun City Anthem Board controls the signatories.

The Sun City Anthem Board is ultimately accountable for the funds collected on behalf of the HOA under the HOA’s statutory authority. The bylaws provision was obviously required in order to prevent the very type of conversion that FSR dba Red Rock perpetrated here.

By not complying with the bylaws, the proceeds of this sale and at least a dozen other Sun City Anthem foreclosures were retained in an unaudited, unsupervised account, misnamed as an “attorney trust account”. None of these funds were under the proper control of the HOA Board. These funds, belonging to Sun City Anthem, were wrongly under the proprietary control of a partnership with undisclosed partners, Red Rock Financial Services EIN 88-0358132 and/or Steven Scow, an individual, and/or Koch & Scow LLC.

Red Rock agent/employee Christie Marling instructed Steven Scow to deposit the “excess” proceeds of the sale with the court for interpleader on 8/28/14. Steven Scow did not do it.

Bylaws 3.18(i) enforcing the governing documents, bringing legal proceedings, providing due process guaranteed by CC&Rs 7.4

Neither the Sun City Anthem Board nor the SCA managing agent FSR nor the SCA debt collector FSR dba Red Rock complied with CC&Rs 7.4 when they imposed the sanction of foreclosure on the alleged violation of delinquent assessments.

None of the notice and due process required by the HOA’s CC&Rs were provided prior to selling 2763 White Sage as the sanction for an alleged violation of $2,200 delinquent assessments.

Further, the assessments were only delinquent due to the malicious misconduct of the HOA’s agents, FSR and FSR dba Red Rock, who THREE TIMES misapplied or rejected payments of assessments prior to the sale, and then lied and falsified documents to cover up their crime.

Red Rock and HOA attorneys conspired to defraud the HOA homeowners regarding multiple secret Sun City Anthem foreclosures

Link to 4/27/12 Red Rock-SCA debt collection agreement (concealed in discovery)

Red Rock attorney Steven Scow refused to produce the applicable debt collection contract or any contract.

SCA attorney David Occhoa produced the wrong contract.

SCA

Black letter Nevada law: Notary Publics requirements & prohibited acts

 

NRS 240.155  Notarization of signature of person not in presence of notary public unlawful; penalty.

1.  A notary public who is appointed pursuant to this chapter shall not willfully notarize the signature of a person unless the person is in the presence of the notary public and:

(a) Is known to the notary public; or

(b) If unknown to the notary public, provides a credible witness or documentary evidence of identification to the notary public.

2.  A person who:

(a) Violates the provisions of subsection 1; or

(b) Aids and abets a notary public to commit a violation of subsection 1, is guilty of a gross misdemeanor.

NRS 240.155
NRS 240.075  Prohibited acts.  A notary public shall not:

1.  Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public.

2.  Certify an instrument containing a statement known by the notary public to be false.

3.  Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120.

4.  Endorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional statement.

5.  Certify photocopies of a certificate of birth, death or marriage or a divorce decree.

6.  Allow any other person to use his or her notary’s stamp.

7.  Allow any other person to sign the notary’s name in a notarial capacity.

8.  Perform a notarial act on a document that contains only a signature.

9.  Perform a notarial act on a document, including a form that requires the signer to provide information within blank spaces, unless the document has been filled out completely and has been signed.

10.  Make or note a protest of a negotiable instrument unless the notary public is employed by a depository institution and the protest is made or noted within the scope of that employment. As used in this subsection, “depository institution” has the meaning ascribed to it in NRS 657.037.

11.  Affix his or her stamp to any document which does not contain a notarial certificate.

NRS 240.075
NRS 240.147  Unlawful destruction, defacement or concealment of notarial record.  

It is unlawful for a person to knowingly destroy, deface or conceal a notarial record.

NRS 240.147
NRS 240.120  Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions.

1.  Except as otherwise provided in subsection 2, each notary public shall keep a journal in his or her office in which the notary public shall enter for each notarial act performed, at the time the act is performed:

(a) The fees charged, if any;

(b) The title of the document;

(c) The date on which the notary public performed the act;

(d) Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized;

(e) Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;

(f) An indication of whether the notary public administered an oath; and

(g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655.

2.  A notary public may make one entry in the journal which documents more than one notarial act if the notarial acts documented are performed:

(a) For the same person and at the same time; and

(b) On one document or on similar documents.

3.  When performing a notarial act for a person, a notary public need not require the person to sign the journal if:

(a) The notary public has performed a notarial act for the person within the previous 6 months;

(b) The notary public has personal knowledge of the identity of the person; and

(c) The person is an employer or coworker of the notary public and the notarial act relates to a transaction performed in the ordinary course of the person’s business.

4.  If, pursuant to subsection 3, a notary public does not require a person to sign the journal, the notary public shall enter “known personally” as the description required to be entered into the journal pursuant to paragraph (e) of subsection 1.

5.  If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:

(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and

(b) Make a notation in the journal that the witness is a credible witness.

6.  The journal must:

(a)Be open to public inspection.

(b)Be in a bound volume with preprinted page numbers.

7.  A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his or her journal.

8.  A notary public shall keep his or her journal in a secure location during any period in which the notary public is not making an entry or notation in the journal pursuant to this section.

9.  A notary public shall retain each journal that the notary public has kept pursuant to this section until 7 years after the date on which he or she ceases to be a notary public.

10.  A notary public shall file a report with the Secretary of State and the appropriate law enforcement agency if the journal of the notary public is lost or stolen.

11.  The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c), (d) or (e) of subsection 1 of NRS 240.1635.

NRS 240.120
NRS 240.150  Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension.

1.  For misconduct or neglect in a case in which a notary public appointed pursuant to the authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained.

2.  The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if:

(a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and

(b) The employer of the notary public consented to the misconduct of the notary public.

3.  The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter.

4.  Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that a notary public has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime described in paragraph (c) of subsection 2 of NRS 240.010:

(a) The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment;

(b) The appointment of the notary public may be revoked after a hearing; or

(c) The notary public may be assessed a civil penalty of not more than $2,000 for each violation.

5.  If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall:

(a) Notify the notary public in writing of the revocation or suspension;

(b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State; and

(c) If a county clerk has issued a certificate of permission to perform marriages to the notary public pursuant to NRS 122.064, notify the county clerk of the revocation or suspension.

6.  Except as otherwise provided by law, the Secretary of State may assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired. 7.  The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.

NRS 240.150