Soro v. The Eighth Judicial District CourtAnnotate this Case
The Nevada Supreme Court denied a petition for writ of mandamus and/or prohibition arising from a denial of a motion to dismiss in a foreclosure deficiency action. In this case, petitioners moved to dismiss the underlying case on the ground that it was time-barred by Utah's antideficiency statute. The court addressed the application of the antideficiency statutes in previous cases and held these cases provided that, in a deficiency action where the parties have an enforceable choice-of-law provision, before the district court applies the antideficiency statute from the parties' chosen jurisdiction, the court must first determine whether that statute, by its terms, has extraterritorial reach. Here, the court clarified that, if a party seeks to apply another jurisdiction's antideficiency statute to a Nevada deficiency action, and the courts of that jurisdiction have addressed the statute's extraterritorial application, the court will follow that jurisdiction's determination regarding this issue rather than independently construe the antideficiency statute to assess whether it can be applied extraterritorially. In this case, because the Utah Supreme Court already determined that Utah's antideficiency statute did not apply extraterritorially, that decision controlled. Therefore, the district court properly denied the motion to dismiss.