Effect of enforcement by mortgagee.

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1. A request by a mortgagee for the appointment of a receiver, the appointment of a receiver or the application by a mortgagee of receivership property or proceeds to the secured obligation does not:

(a) Make the mortgagee a mortgagee in possession of the real property;

(b) Make the mortgagee an agent of the owner;

(c) Constitute an election of remedies that precludes a later action to enforce the secured obligation;

(d) Make the secured obligation unenforceable;

(e) Limit any right available to the mortgagee with respect to the secured obligation;

(f) Constitute an action within the meaning of subsection 1 of NRS 40.430; or

(g) Except as otherwise provided in subsection 2, bar a deficiency judgment pursuant to law of this State other than NRS 32.100 to 32.370, inclusive, governing or relating to a deficiency judgment.

2. If a receiver sells receivership property that pursuant to subsection 2 of NRS 32.315 is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to law of this State other than NRS 32.100 to 32.370, inclusive, relating to a deficiency judgment.

(Added to NRS by 2017, 1233)


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