Nev. Rev. Stat. § 361.610 — Disposition of amounts received from sale price, rents or redemption of property held in trust; no charge against county for services of officer; claims for and agreements concerning recovery of excess proceeds; authorization of person to file claim and collect property

NRS  361.610    Disposition of amounts received from sale price, rents or
redemption of property held in trust; no charge against county for services of
officer; claims for and agreements concerning recovery of excess proceeds;
authorization of person to file claim and collect property.
1.  Out of the sale price or rents of any
property of which he or she is trustee, the county treasurer shall pay the
costs due any officer for the enforcement of the tax upon the parcel of
property and all taxes owing thereon, and upon the redemption of any property
from the county treasurer as trustee, he or she shall pay the redemption money
over to any officers having fees due them from the parcels of property and pay
the tax for which it was sold and pay the redemption percentage according to
the proportion those fees respectively bear to the tax.
2.  In no case may:
(a) Any service rendered by any officer under
this chapter become or be allowed as a charge against the county; or
(b) The sale price or rent or redemption money of
any one parcel of property be appropriated to pay any cost or tax upon any
other parcel of property than that so sold, rented or redeemed.
3.  After paying all the tax and costs upon
any one parcel of property, the county treasurer shall pay into the general
fund of the county, from the excess proceeds of the sale:
(a) The first $300 of the excess proceeds; and
(b) Ten percent of the next $10,000 of the excess
proceeds.
4.  The amount remaining after the county
treasurer has paid the amounts required by subsection 3 must be deposited in an
interest-bearing account maintained for the purpose of holding excess proceeds
separate from other money of the county. If no claim is made for the excess
proceeds within 1 year after the deed given by the county treasurer is
recorded, the county treasurer shall pay:
(a) Five percent of the total amount remaining
into the account created by NRS 249.095 ;
and
(b) The remainder of the money into the general
fund of the county.
Ê Money paid
must not thereafter be refunded to the former property owner or his or her
successors in interest. All interest paid on money deposited in the
interest-bearing account required by this subsection is the property of the
county.
5.  If a person listed in subsection 6
makes a claim in writing for the excess proceeds within 1 year after the deed
is recorded, the county treasurer shall pay the claim or the proper portion of
the claim over to the person if the county treasurer is satisfied that the
person is entitled to it.
6.  A claim for excess proceeds must be
paid out in the following order of priority to:
(a) The following persons in the order of
priority of the liens recorded or perfected before the sale:
(1) A person holding a valid lien under
subsection 3 of NRS 444.520 ;
(2) Persons specified in paragraphs (b),
(c), (d), (g), (h) and (i) of subsection 4 of NRS
361.585 ;
(3) An association, as defined in NRS 116.011 , that has caused to be recorded
a notice of default and election to sell the property pursuant to paragraph (b)
of subsection 1 of NRS 116.31162 that
has not been rescinded; and
(4) An association, as defined in NRS 116B.030 , or a hotel unit owner, as
defined in NRS 116B.125 , that has
caused to be recorded a notice of default and election to sell the property
pursuant to paragraph (b) of subsection 1 of NRS 116B.635 that has not been rescinded;
and
(b) Any person specified in paragraphs (a), (e)
and (f) of subsection 4 of NRS 361.585 .
7.  The county treasurer shall approve or
deny a claim within 30 days after the period described in subsection 4 for
filing a claim has expired. In determining a claim for excess proceeds, the
county treasurer may require any person making a claim to provide any records
or other documents to the county treasurer. Any records or other documents
concerning a claim shall be deemed the working papers of the county treasurer
and are confidential. If more than one person files a claim, and the county
treasurer is not able to determine who is entitled to the excess proceeds, the
matter must be submitted to mediation.
8.  If the mediation is not successful, the
county treasurer shall file an action for interpleader.
9.  A person who is aggrieved by a
determination of the county treasurer pursuant to this section may, within 90
days after the person receives notice of the determination, commence an action
for judicial review of the determination in district court.
10.  If an association, as defined in NRS 116.011 , recovers any amount of excess
proceeds of a sale of a residential unit, as defined in NRS 116.332 , the amount recovered by the
association shall be deemed to have satisfied the debt owed by the owner of the
residential unit to the association and the association may not recover in a
civil action or otherwise collect any deficiency remaining due to the
association from the owner.
11.  Any agreement to locate, deliver,
recover or assist in the recovery of remaining excess proceeds of a sale which
is entered into by a person listed in subsection 6 must:
(a) Be in writing.
(b) Be signed by the person listed in subsection
6.
(c) If the agreement is entered into by a natural
person for assistance in the recovery of excess proceeds remaining from a sale,
not provide for a fee of more than 10 percent of the total remaining excess
proceeds of the sale due that person.
12.  In addition to authorizing a person
pursuant to an agreement described in subsection 11 to file a claim and collect
from the county treasurer any property owed to the person, a person listed in
subsection 6 may authorize a person pursuant to a power of attorney, assignment
or any other legal instrument to file a claim and collect from the county
treasurer any property owed to him or her. Any person authorized pursuant to a
power of attorney, assignment or any other legal instrument to file a claim and
collect from the county treasurer any property may collect a fee of not more
than 10 percent of the total remaining excess proceeds of the sale due the
person making the authorization. The county is not liable for any losses
resulting from the approval of the claim if the claim is paid by the county
treasurer in accordance with the provisions of the legal instrument.