Unruh v. Streight

OPINION

This action was commenced by Eugene and Christine Streight seeking to recover the balance owed by Paul and Reta Unruh on a $100,000 promissory note. The note was secured by a deed of trust covering a 50-acre parcel in Douglas County which the Streights purchased for $30,000 at the foreclosure sale. The district court found that the fair market value of the property on the day of the foreclosure sale was $30,000 and, pursuant to NRS 40.455, 1 awarded the Streights a deficiency judgment of $70,000 plus interest and costs. This appeal followed.

NRS 40.455 allows a judgment creditor to seek…