JED Prop. v. Coastline RE Holdings NV Corp.
Annotate this CaseIn an effort to foreclose on real property that was used to secure a debt by Appellant, Respondent recorded a notice of a trustee’s sale. Respondent orally postponed the sale three times before the property was sold. Thereafter, Respondent initiated a civil action against Appellant. Appellant filed counterclaims against Respondent, claiming that Respondent violated Nev. Rev. Stat. 107.082(2) when it thrice postponed the sale without effectuating a written notice of the sale’s time and place. The district court granted summary judgment for Respondent, concluding that the three oral postponements did not trigger section 107.082(2)’s notice requirement because the sale occurred on the date set by the third oral postponement. The district court subsequently granted Respondent attorney fees and costs. The Supreme Court affirmed, holding that the district court did not err in (1) granting summary judgment, as Respondent was not required to give notice under section 107.082(2) because the time or place of the trustee’s sale was not changed subsequent to the third oral pronouncement; and (2) awarding attorney fees and costs to Respondent.
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