NRS108.478. Effect of occupant’s execution of declaration in opposition to sale; effect of occupant’s commencement of action; stay of enforcement of a judgment pending appeal.

  If the owner receives a declaration in opposition to the sale before the date set forth in the notice of the sale to satisfy the lien:

      1.  Except as otherwise provided in subsection 2, the owner must not sell the property until at least 30 days after the date on which the owner receives the declaration in opposition to the sale.

      2.  The occupant must file a complaint in a court of competent jurisdiction not later than 21 days after the date on which the owner receives the declaration in opposition to the sale. If such an action is commenced, the owner must not sell the property unless the court enters judgment in favor of the owner.

      3.  If the occupant does not commence an action within 21 days after the date on which the owner receives the declaration in opposition to the sale, or if the court enters judgment in favor of the owner, the owner may advertise the property for sale and sell the property as provided in NRS 108.477.

      4.  The occupant may stay the enforcement of a judgment pending an appeal by posting with the court which entered the judgment a bond in an amount equal to 1.5 times the amount of the judgment. If the occupant posts such a bond, the court may order the owner to return the personal property to the occupant.

      (Added to NRS by 1983, 1669; A 2011, 1830)