Schleining v. Cap One, Inc.Annotate this Case
Corporation obtained a loan from Lenders to help pay for real property that was secured by a deed of trust on the property. Appellant, the principal and sole owner of Corporation, signed a personal guaranty of the loan, which included a waiver of his right to receive notice of any default on the loan. Corporation defaulted on the loan, and Lender purchased the property at a trustee’s sale. Lender then filed a complaint seeking a deficiency judgment from Appellant as guarantor. The district court awarded a deficiency judgment in favor of Lender, concluding (1) Appellant’s waiver of his right to receive a notice of default was invalid pursuant to Nev. Rev. Stat. 40.453; but (2) Lender substantially complied with Nev. Rev. Stat. 107.095’s notice requirement. The Supreme Court affirmed, holding (1) the Legislature intended for section 40.453 to invalidate a guarantor’s purported waiver of the right to be mailed a notice of default; and (2) substantial compliance can satisfy section 107.095’s notice requirements.