Nevada Supreme Court

LV Debt Collect v. Bank of N.Y. Mellon

August 24, 2023

Summary

The Nevada Supreme Court affirmed the district court’s summary‑judgment ruling, holding that a recorded Notice of Default does not make a loan “wholly due” under NRS 106.240 and therefore does not extinguish the deed of trust. The Court also corrected the lower court’s finding on standing, recognizing that LV Debt Collect acquired a valid ownership interest through the deed from the former owner. The decision rests on a plain‑meaning interpretation of the statute and the requirements of the acceleration clause and NRS 107.080.