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1 Real Property Law Clark County B ar Association Thursday, December 12, 2013 President s Luncheon & Annual Meeting RSVP by December 6. Page 17 Follow CCBA! Web: clarkcountybar.org Facebook: facebook.com/ccbanv NOVEMBER 2013 OFFICIAL PUBLICATION OF THE CLARK COUNTY BAR ASSOCIATION VOL. 34, NO. 11 CCBA Membership Highlights President s Message Page 5 Bar Activities Page 6 Executive Board Nominations & Election Pages 8 & 10 Member Watch Page 12 Benefits & Services Page 30 CLE Seminars Live Page 33, Recorded Page Legal Options for the Nevada Homeowner Trustee s Sale Process in Nevada HOA Foreclosure and Priority Remembering Our Colleagues: Attorney Memorial Service CCBA Member Benefits & Services November

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3 Advertisers Index Andrew M. Cash, M.D Bank of Nevada... 7 Bert O. Mitchell...27 CCBA Areas of Practice Listings...30 CCBA Portrait Session...32 CCBA Fall Advertising Specials...45 CCBA Teach a CLE Seminar!...28 Clark County Lawyer Finder... 4, 25, 28 Cotton, Driggs, Walch, Holley, Woloson & Thompson...47 Fennemore Craig PC Esquire Deposition Solutions... 2 Gerald M. Welt, Chtd...27 Gerald I. Gillock & Associates...18 Hutchison & Steffen...11 Las Vegas Legal Video...43 Las Vegas Wranglers Hockey...21 Legal Wings Lewis Roca Rothgerber LLP...13 Meier & Fine, LLC Neeman & Mills PLLC Portraits to You...24 Private Trials...12 Project REAL...19 Prudhomme Law Office...12 State Bar of Nevada Valley Electric... 9 Advertising Advertising space available. Contact: Steph Abbott, (702) Editorial Calendar November 2013 Real Property Law December 2013 Law Practice Management January 2014 Five Things* February 2014 Pro Bono Notes: The deadline for insertion of all final, approved articles, news, and ads is the 1st of the month preceding cover. Space reservations are encouraged at least two months in advance. The editorial calendar may change without notice at any time. The June/ July issue is published in June. There is no publication released in July. *The January 2014 will see an increased circulation, due to the use of a larger mailing list. Clark County B ar Association Cover Image credit: Las Vegas Aerial View Songquan Deng Dreamstime.com. Events & Seminars 17 December Bar Luncheon 36 Dispositive Motions CLE Seminar 37 10th Annual Ethical Issues CLE Seminar Departments 6 Bar Activities 12 Member Watch 33 Live CLE Calendar 38 A/V CLE Catalog 46 The Marketplace Articles 18 The Continued Evolution of the Trustee s Sale Process in Nevada By Matt Watson and Pearl Gallagher 22 Legal Options for Nevada Homeowners By Tara D. Newberry NOVEMBER 2013 VOL. 34, NO The HOA Foreclosure and Priority: Who Is In First? By Melissa Waite Features 14 Clark County Law Foundation s Community Service Committee Remembering Our Colleagues By Helen P. Towlerton 30 CCBA Benefits and Services Membership Has Its Benefits 35 CCBA Benefits and Services CCBA Has Tickets to Las Vegas Wranglers Home Games First come, first served! Columns 5 A Message From the President The Campaign for a Nevada Court of Appeals By Kari Stephens 42 Supreme Court Summaries Supreme Court Summaries By Joe Tommasino 44 A View from the Bench of the Las Vegas Justice Court Checking in with Clark County By Chief Judge Karen Bennett-Haron 46 Pro Bono Corner Finding Yourself By Manita Rawat November

4 Clark County B ar Association OFFICIAL JOURNAL OF THE CLARK COUNTY BAR ASSOCIATION NOVEMBER 2013 VOL. 34, NO. 11 PRESIDENT Kari L. Stephens PRESIDENT-ELECT Kimberly Buchanan SECRETARY/TREASURER Damon K. Dias EXECUTIVE BOARD MEMBERS John P. Aldrich Tami D. Cowden Nedda Ghandi James E. Harper Catherine M. Mazzeo Kimberly R. McGhee Macaire K. Moran Mariteresa Rivera-Rogers Jennifer Roberts Hon. Susan Scann Jason Stoffel IMMEDIATE PAST PRESIDENT Linda M. Bullen PUBLISHER Kari L. Stephens EDITOR-IN-CHIEF Airene Williamson ASSOCIATE EDITORS Heather Anderson-Fintak Tami D. Cowden Stacy D. Harrop Paul C. Ray Jennifer Roberts CONTRIBUTING EDITORS James E. Harper EDITORIAL PRODUCTION, ART DIRECTION, ADVERTISING DESIGN & SALES Steph Abbott is published eleven times per year with an issue published monthly except for July by the Clark County Bar Association, P.O. Box 657, Las Vegas, NV Phone: (702) Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request. accepts advertisements from numerous sources and makes no independent investigation or verification of any claim or statement made in the advertisement. is mailed to all paid members of CCBA, with subscriptions available to nonmembers for $75.00 per year. For advertising information and editorial policy, please contact Steph Abbott at (702) or Affordable, Online Marketing for Attorneys ClarkCountyLawyerFinder.com is a premium, online attorney directory service operated by the Clark County Bar Association.* Get found by potential clients! As consumers search online using key words and terms, they may click ads directing their browser to the website ClarkCountyLawyer- Finder.com. Listings are available in these categories: Adoption and Surrogacy Bankruptcy, Debt and Consumer Law DUI/Criminal and Traffic Defense Education, School and Government Law Employment and Labor Relations Family Law and Divorce Immigration and Visas Injury and Accidents Lawsuits and Appeals Malpractice Probate, Estate and Elder Law Real Estate and Housing Law Small Business Law and Litigation Social Security and Veterans Benefits Workers Compensation Sign up today! Steph Abbott, Clark County Bar Association (702) or Subscription Features 10 Pages of content 2 practice categories Manyl sub-categories Link to firm s website Multiple exposures & spot promos Google AdWords campaigns No additional costs No set-up fees No cancellation fees Only $125/month or $1,200/year! Clark County B ar Association Attorney listings are exclusive to attorney members of the Clark County Bar Association with registration. Payment is required to participate in this premium, online directory service. The Google AdWords campaigns are included in the subscription price and do not use the attorneys names. 4 November 2013

5 A Message From the President The Campaign for a Nevada Court of Appeals By Kari Stephens A proposal to amend the Nevada Constitution to create an intermediate appellate court is expected to appear on the General Election Ballot in A similar amendment was previously proposed to voters in 2010 and defeated. A well-informed voting public is critical to getting this constitutional amendment passed. Education of Nevada Voters In order for Nevada voters to embrace the concept of establishing a Court of Appeals, they must first recognize the benefits associated with adding an intermediate level to our existing court system. If left uninformed, the default voter reaction will likely be to vote against the amendment. Members of the legal profession possess a unique perspective about the benefits of establishing an appellate court in Nevada. Legal professionals can appreciate the overwhelming demands on our current court system resulting from immense population influxes and corresponding increases in caseloads over the past several years. Voters can be educated as to how the addition of a Court of Appeals can serve to speed up the processing of appeals and afford them with more timely access to justice. Only when the public is educated will they be in a position to make an informed decision at the polls. President s Luncheon & Annual Meeting The CCBA s upcoming President s Luncheon & Annual Meeting will feature a special presentation on The Need for a Court of Appeals given by our Nevada Supreme Court Justice James W. Hardesty. The presentation will offer one general CLE credit for Nevada attorneys. In addition, the election for the CCBA s 2014 Executive Board will be held at this bar luncheon. Ballots will be available for you to cast your vote at the election. The luncheon will be held on Thursday, December 12, 2013, from 12:00 to 1:15 p.m. at Morton s The Steakhouse. Registration with payment is due by December 6, The registration form is on page 17. Downtown Cultural Series at Lloyd D. George U.S. Courthouse The CCBA is pleased to offer members the opportunity to give a brief presentation immediately prior to each of the Downtown Cultural Series Performances scheduled to take place on the third Friday of the month in progress now through May 2013 (dates in bold need speakers): November 15, 2013 December 20, 2013 January 17, 2014 February 21, 2014 March 21, 2014 April 18, 2014 May 16, 2014 To become the CCBA speaker at one of the performances, please contact Steph Abbott via at or by phone at (702) All appearances are limited to 3-4 minutes, starting at 11:50 a.m. and ending before noon. Speakers can bring a handout (on topic) for distribution to the audience. Please note that speakers must be a Nevada attorney or judge. This is a great platform to address some of the key aspects of the Court of Appeals, or to present on another topic of interest to the public. Kari Stephens is Of Counsel with Jeffrey Burr, Ltd., where she practices primarily in the areas of probate and trust. She serves as president of the Clark County Bar Association through December She encourages you to visit Sponsorship Opportunities Do you or your clients want to promote goods and services to members of the Clark County Bar Association? Sponsorships offer unique opporunities for direct marketing and networking. Sponsorships are available for these activities and programs: Bar Luncheons 40 Year Club Induction Ceremony CLE Seminars Law School Competitions Meet Your Judges Mixer Call CCBA for details! (702) November

6 Bar Activities November 1: CLE Seminar Dispositive Motions On Friday, November 1, 2013, from 1:00 to 3:15 p.m., CCBA members and staff are invited to attend the CLE seminar, Dispositive Motions, to be held at CCBA, 725 S. Eighth Street, Las Vegas. Speakers will be Eighth Judicial District Court Judges Nancy Allf, Elissa F. Cadish, Susan Scann, Gloria Sturman, and attorney Tami Cowden of Greenberg Traurig, LLP. This seminar focuses on the do s and don ts in seeking and defending against dispositive motions. This seminar will offer two general CLE credits and is produced by Tami Cowden, Esq. for CCBA s CLE Committee. Cost varies: $50 per CCBA Member, $30 per Legal Assistant/UNLV Law Student CCBA Member, $40 per Legal Assistant/UNLV Law Student Non-Member, and $90 per Non-Member. Contact: Donna Wiessner at (702) November 1: Deadline for the December Communiqué The deadline for submission of all articles, announcements, ad placements, photos, graphics, and editorial material to be published in the December issue of Communiqué is Friday, November 1, The deadline for the January 2014 issue is Monday, December 2, Please note that all content is pre-planned. Attorneys who wish to submit an article for publication must first submit a proposal to the CCBA Publications Committee that summarizes the topic and scope of focus for the article. Proposals should be submitted at least two months in advance of the issue s deadline. All proposals and articles are subject to review, edit, and approval by the CCBA Publications Committee. Advertising rates and editorial policies are available on the CCBA Web site at or by contacting Communications Coordinator Steph Abbott at (702) or November 1 & 2: Client Counseling Competition Volunteers are needed for the 15th Annual Client Counseling Competition to be held at the William S. Boyd School of Law on Friday, November 1 and Saturday, November 2, Most volunteers are needed for the Friday night competition. Volunteers are invited to arrive at 5:00 p.m. for a dinner and instruction. The competition rounds will be held from 6:00 p.m. to 9:00 p.m. For Saturday, volunteers will be needed from 10:00 a.m. to 2:30 p.m. Over 80 law students will compete while local judges and attorneys act as either clients or as judges to assess their skills. The Client Counseling Competition is an opportunity for law students to test their interview skills with potentially difficult clients. The competition tests their ability to: Establish effective relations with the client in a short interview; Analyze the client s problem; Assess relevant facts from irrelevant information; Learn the client s goals and expectations; Recognize potential moral conflicts; Develop alternative solutions to the client s problem; Assist the client in understanding and making informed choices among possible courses of action; Effectively conclude the interview. Local attorneys and judges who want to volunteer to judge the student performances or act as a client should contact CCBA s New Lawyers Committee Co-Chair Kelly Stout November 5: Publications Committee Meets The CCBA s Publications Committee produces the bar journal, Communiqué. Committee members review article proposals, plan the editorial calendar, and edit the publication s content. The committee chair and editor-in-chief of the Communiqué is Airene Williamson, Esq. The committee meets regularly on the first Tuesday of the month from 12:00 to 1:00 p.m. at CCBA, 725 S. Eighth Street, Las Vegas. Contact: Steph Abbott at or (702) November 7: Member Portrait Session CCBA members are invited to get their portrait taken on Thursday, November 7, 2013, from 9:30 a.m. to 2:00 p.m. at the CCBA office located at 725 S. 8th Street in Las Vegas. No appointment is necessary. Photos are provided to CCBA for CCBA s to publish in the online member directory and in the Communiqué as needed. Members can purchase their portraits directly from Portraits to You at a special price of $79 for 1 image or $100 for 2 images. Price includes edited image and all publishing rights. Contact Steph Abbott at (702) or November 7: Family Bench Bar Meeting On Thursday, November 7, 2013, bar members are invited to attend the Family Bench Bar Meeting of the 8th Judicial District Court. The meeting starts at noon in Courtroom 9 at the Family Courts and Services Center located Bar Activities continued on page 8 6 November 2013

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8 Bar Activities continued from page 6 at 601 North Pecos Road, Las Vegas, NV Questions about the committee can be addressed to the Eighth Judicial District Court Family Division Presiding Judge Gloria O Malley via Janice Sanders at us or (702) November 8: CLE Committee Meeting The CCBA s CLE Committee produces relevant, highquality CLE seminars. The committee s chair is Lesley Cohen, Esq. While the CLE Committee will not be meeting in December 2013, the committee meets regularly on the second Friday of the month from 12:00 to 1:00 p.m. at CCBA, 725 S. Eighth Street, Las Vegas. Contact: Donna Wiessner at or (702) November 11: Project Salute On Monday, November 11, 2013, from 10:00 a.m. to 3:00 p.m., Project Salute will be held at Palace Station, 2411 W. Sahara Ave, Las Vegas, NV This event is a joint effort between the Young Lawyers Section of the State Bar of Nevada and Nevada Legal Services, the Access to Justice Commission, and the Southern Nevada Senior Law Project. Attorneys are needed to volunteer their services. For more information about Project Salute, contact Carmela Reed at November 12: Constructional Bench Bar Committee Meeting On Tuesday, November 12, 2013, the 8th Judicial District Court will hold the meeting of the Constructional Defect Bench Bar Committee. The meeting starts at noon at the Complex Litigation Center (CLC) located at 333 South Sixth Street in downtown Las Vegas. Attorneys do not need to RSVP prior to the event. November 12: Deadline for Nominations to the CCBA Executive Board Nominations from members to serve on the 2014 CCBA Executive Board will be accepted through Tuesday, November 12, Nominations should be sent to the CCBA President Kari Stephens. The nominating committee shall consider the following criteria and characteristics as applied to each prospective nominee in their application: Each prospective nominee must be a member in good standing of the CCBA Demonstrated past service to the CCBA Contribution to creating balance on the executive board of representation amongst various areas and types of the practice of law Professionalism Knowledge and expertise in an area in which the CCBA needs or desires assistance Such other factors as the nominating committee may deem relevant and appropriate The election will be held on Thursday, December 12, 2013 during the President s Luncheon and Annual Meeting. Get details and register for the luncheon on page 17. For more information on the election, call CCBA at (702) November 14: New Lawyers Committee Meeting The CCBA s New Lawyers Committee produces bar mixers, networking events, and supports the Boyd law school s various competitions. The committee s co-chairs are Kelly Stout, Esq. and Amber White-Davidson, Esq. While the New Lawyers Committee will not be meeting in December 2013, the committee meets regularly on the second Thursday of the month from 12:30 to 1:30 p.m. at CCBA, 725 S. Eighth Street, Las Vegas. Contact: Donna Wiessner at or (702) November 19: Community Service Committee Meeting The Clark County Law Foundation s (CCLF) Community Service Committee produces events to benefit the community at large. The committee meets regularly on the third Tuesday of the month from 12:00 to 1:00 p.m. at various locations. Contact: Patrick Montejano at or (702) November 25: Trial By Peers Committee Meeting The CCLF s Trial By Peers Committee produces a local teen court program. The committee meets regularly on the last Monday of the month from 12:00 to 1:00 p.m. at CCLF, 725 S. Eighth Street, Las Vegas (entrance at the front of the building). Contact: Patrick Montejano at or (702) December 2: Deadline for the January Communiqué The deadline for submission of all articles, announcements, ad placements, photos, graphics, and editorial material to be published in the January issue of Communiqué is Monday, December 2, Advertising rates and editorial policies are available on the CCBA Web site at www. clarkcountybar.org or by contacting Communications Coordinator Steph Abbott at (702) or clarkcountybar.org. Bar Activities continued on page 10 8 November 2013

9 opp rtunity. Meet the power company that puts Nevadans first. To see a brighter future for Nevada, look no further than what was once thought to be a small energy co-op in Pahrump. We re Valley Electric Association, and we ve leveraged our unique, community-focused position to create opportunities all across the state. Through renewable energy projects to meet the energy demands of our region, increased hiring within our own company, and the ripple effects of more robust economic activity, we re the small organization that s accomplishing big, big goals. Together, we re doing powerful things. I LEARN MORE AT VEA.COOP I November

10 Bar Activities continued from page 8 December 12: Election of CCBA Board On Thursday, December 12, 2013, members of the bar are invited to cast their vote in person for their choice of candidates to serve on the 2014 CCBA Executive Board which will be led by incoming President Kimberly A. Buchanan, Esq. of the Office of the Nevada Attorney General. In this election, there are six positions available for members at large. Votes may be cast during specific time frames in either of two locations on December 12, 2013, as follows: 8:30 a.m. to 10:30 a.m. at CCBA Office, 725 S. Eighth Street, Las Vegas, NV :30 a.m. to 1:30 p.m. at Morton s The Steakhouse, 400 E. Flamingo Road, Las Vegas, NV :30 p.m. to 3:30 p.m. at CCBA Office, 725 S. Eighth Street, Las Vegas, NV Nominations have been received for the following members to serve for one year: President-Elect: Damon K. Dias, Esq., Law Group, Ltd.; Secretary/Treasurer: Catherine M. Mazzeo, Esq. of Southwest Gas Corp.; and Judicial Appointee: Honorable Susan W. Scann, Eighth Judicial District Court. Nominations have been received for the following incumbent board members to another two-year term: John P. Aldrich,, Esq. of Aldrich Law Firm, Ltd.; Nedda Ghandi, Esq. of Ghandi Law Offices; James E. Harper, Esq. of Hall Jaffe & Clayton, LLP; Kimberly R. McGhee, Esq. of Sage Law Partners; Mariteresa Rivera-Rogers, Esq. of Wright Stanish & Winckler; and [Vacant]. Nominations to the ballot will be accepted by CCBA President Kari Stephens through November 12, For more details, turn to page eight. Members who cannot make it to either location that day can submit an absentee ballot declaration. The declaration can be found online at or upon request from CCBA staff at (702) December 12: President s Luncheon and Annual Meeting On Thursday, December 12, 2013, members of the bar are invited to attend the President s Luncheon and Annual Find updates to bar activities and events online at Meeting sponsored by the Bank of Nevada. Hosted by CCBA President Kari Stephens, this event will feature a special presentation by Nevada Supreme Court Justice James Hardesty. The presentation, The Need for a Court of Appeals, will outline the proposed changes to the Nevada s court system. This presentation will offer one general CLE credit for Nevada attorneys. Also scheduled to be held at this bar luncheon is the election for the CCBA s 2014 Executive Board. Ballots will be available to complete and cast at the election. Due to the presentation, the length of the event will be extended. Check in begins at 11:30 a.m. with the event scheduled from 12:00 to 1:15 p.m. The luncheon will be held at Morton s The Steakhouse, 400 E. Flamingo Road, Las Vegas, NV RSVP with payment to the Clark County Bar Association is due by Friday, December 6, Election information and the luncheon registration form can be found online at Phone registrations can be called in to CCBA at (702) Event registration available on page 17. December 13: CLE Seminar 10th Annual Ethical Issues On Friday, December 13, 2013, from 1:00 to 3:15 p.m., CCBA members and staff are invited to attend the CLE seminar, 10th Annual Ethical Issues, to be held at the Clark County Bar Association, 725 S. Eighth Street, Las Vegas. The speaker will be Dennis Kennedy, Esq., Bailey Kennedy, LLP. Mr. Kennedy will be discussing the following topics: duties to prospective clients; litigation finance: who pays the costs?; representing clients with diminished capacity; future conflicts waivers; attorneys liens: some changes; cloud computing: ethics and privilege; disqualifying the disloyal expert; two lawyers walk into a bar: the perils of friendly advice; SCR 111: the duty to self-report convictions; and restrictions on solicitation of legal business. This seminar will offer two ethics CLE credit and is produced by CCBA s CLE Committee. Cost varies: $50 per CCBA Member, $30 per Legal Assistant/UNLV Law Student CCBA Member, $40 per Legal Assistant/UNLV Law Student Non-Member, and $90 per Non-Member. RSVP to CCBA by December 12, Contact: Donna Wiessner at clarkcountybar.org, (702) December 19: Family Bench Bar Meeting On Thursday, December 19, 2013, bar members are invited to attend the Family Bench Bar Meeting of the Eighth Judicial District Court. The meeting starts at noon in Courtroom 9 at the Family Courts and Services Center at 601 North Pecos Road, Las Vegas. Questions can be addressed to the Eighth Judicial District Court Family Division Presiding Judge Gloria O Malley via Janice Sanders at or (702) November 2013

11 November

12 Member Watch Athanasia Economy Dalacas has joined The Howard Law Firm located at 1835 Village Center Drive, Las Vegas, Phone: (702) Fax: (702) Laura Deeter and Neddha Ghandi have joined their practices and can be reached at the Ghandi Deeter Law Offices, 601 South Sixth Street, Las Vegas, Phone: (702) Stacy Harrop has relocated to Oregon and is now a staff attorney at the Oregon Court of Appeals. Stacy can be reached at 1163 State Street, Salem, OR Phone: (503) Brianna F. Issurdutt is now associated with Solomon Dwiggins & Freer, Ltd., 9060 W. Cheyenne Ave., Las Vegas, Phone: (702) Fax: (702) Justin C. Jones is now a partner at Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP located at 3556 E. Russell Road, Second Floor, Las Vegas, Phone: (702) The firms of Lewis and Roca LLP and Rothgerber, Johnson & Lyons LLP have merged. The following CCBA members can be reached at the newly named Lewis Roca Rothgerber LLP: W. West Allen Joice B. Bass Brian L. Blaylock John E. Bragonje Stephanie S. Buntin Anthony N. Cabot Robert Charles, Jr. Dawn M. Cica Emily G. Clark Howard E. Cole Lindsay C. Demaree Ike Lawrence Epstein Jonathan W. Fountain Renee M. Galgano P. Gregory Giordano Von S. Heinz Joel D. Henriod Jennifer K. Hostetler J. Christopher Jorgensen Daniel P. Kiefer John L. Krieger Mark G. Krum Adam P. Laxalt Glenn J. Light Scott Y. MacTaggart Michael J. McCue Sean M. McGuinness Kade Dylan Miller Linda M. Norcross Ryan T. O Malley Matthew W. Park Daniel F. Polsenberg Karl F. Rutledge Thomas G. Ryan Jeffrey J. Steffen Dan R. Waite Nikkya G. Williams Meng Zhong Patrick Montejano is the new program director for the Clark County Law Foundation, 725 S. 8th Street, Las Vegas, Phone: (702) (702) JUDGE JACKIE GLASS, RET. IS AVAILABLE FOR MEDIATIONS, ARBITRATIONS AND PRIVATE OR MOCK TRIALS AT PRIVATE TRIALS Georlen K. Spangler has joined Howard Kim & Associates. She can be reached at 1055 Whitney Ranch Drive, Suite 110, Henderson, Phone: (702) Fax: (702) PRUDHOMME LAW OFFICE 50 YEARS IMMIGRATION EXPERIENCE AV RATING M. Edwin Prudhomme Former Immigration Judge (702) Fourth Street, Suite 9, Las Vegas, NV November 2013

13 Our Team Just Got Stronger. LEWIS ROCA ROTHGERBER Effective September 2013 Introducing Lewis Roca Rothgerber LLP What do you get when you combine two successful law firms with complementary legal practices and compatible geographies? You get the legal help you need where you need it. Building on the strengths of legacy firms Lewis and Roca and Rothgerber Johnson & Lyons, Lewis Roca Rothgerber offers an enhanced and expanded range of services in litigation, real estate, energy and utilities, banking, insurance, intellectual property, gaming, and religious institutions. Because together we re stronger. Congratulations to our partner Daniel Polsenberg for being ranked the #1 attorney in the 2013 edition of Mountain States Super Lawyers. Visit: Effective September 2013 ALBUQUERQUE CASPER COLORADO SPRINGS DENVER LAS VEGAS PHOENIX RENO SILICON VALLEY TUCSON LRRLAW.COM November

14 Clark County Law Foundation s Community Service Committee Remembering Our Colleagues By Helen P. Towlerton On Friday, September 20, 2013, the Clark County Law Foundation in conjunction with the Clark County Bar Association, the Nevada State Bar Association, the Federal Bar Association, the U.S. District Court for the District of Nevada and the Eighth Judicial District Court hosted the Annual Clark County Attorney Memorial Service, an event designed to allow Southern Nevada attorneys and judges to pay tribute to their colleagues in the legal community who have passed during the last year Each year, the committee reflects on how meaningful this event is for the friends and families of our departed colleagues. This year was no different. One family member remarked that the event was yet another reminder of the magnificent man I grew up with, learned from and loved. The parents of another honoree stated that the support of this ceremony by the many legal associations and the attendance of so many distinguished members of the court were greatly appreciated. Many thanks to all of the wonderful speakers who gave of their time this year including, the Honorable Michael Douglas, Justice of the Nevada Supreme Court, who presided over the service. Lee Hughes sang the National Anthem. U.S. Marshall Hoye led the Pledge of Allegiance. Deacon Tom Roberts of Catholic Charities gave both the invocation and benediction. Kari Stephens delivered the welcoming remarks on behalf of the CCBA and Karl Nielson provided the closing remarks on behalf of the CCLF. Attorneys Honored Those honored at the service this year were: Herman Milo Adams, Paul V. Carelli, III, Ralph Lloyd Denton, Neil Gilbert Galatz, James Gantt Griffin, George W. Johnson, Mariana Meter, Nancy Quon, Steve Terry Skivington, William Leslie Sully, James Leving Taylor, Rona Kaye T. Tuitele and Roscoe Wilkes. As in each year, the honoree speakers delivered moving remembrances of their loved ones, mentors and friends. It truly is a privilege to be given these rare glimpses into the private lives of our colleagues. Herman Milo Buzz Adams The Honorable Richard H. Bryan spoke on behalf of Herman Milo Buzz Adams. Mr. Bryan described Buzz as a man of tremendous tenacity, so thoroughly committed to becoming a lawyer that he allowed no impediment or misfortune to keep him from his goal. Mr. Bryan reminisced about their days enjoying lunch at the Liars Poker Club Table at the old Fremont Hotel, where they were often irreverent, boisterous and occasionally profane. Other patrons would hear their laughter, and most especially that of Buzz, from across the room and from time to time, they were asked to relocate not that a different table was able to dampen the group s enthusiasm. Mr. Bryan described those days as extremely collegial and stated that both the times and the man, Buzz Adams, are missed very much. Paul V. Carelli, III Paul V. Carelli, IV spoke on behalf of his father, Paul V. Carelli, III. Paul spoke about how when he was growing up, he did not appreciate his father s job as a lawyer, but that all changed when he went to work for his father s office as a runner at the age of 14 for $1 an hour. He appreciated it more when his father, working as a judge, invited him to observe his courtroom where his first admonition to the litigants was There will be no swearing in this courtroom. Paul followed in his father s footsteps and became a lawyer himself. The most important lessons his father taught him were 1) being a lawyer is not just a job, it s a profession, so act professionally at all times; 2) be kind to your clients and be patient with them; 3) be courteous to opposing counsel; and 4) be kind to judges, even when they rule against you. They took the time to read your pleadings and they deserve it. Ralph Lloyd Denton Professor Michael Green spoke on behalf of Ralph 14 November 2013

15 Lloyd Denton. Ralph was one of the McCarran Boys whose dedication to civil rights and the key role he played in the struggle to end segregation at Las Vegas Strip Resorts in the 1950 s earned him the nickname the liberal conscience of Nevada. Being an attorney in Nevada was Ralph s passion from the age of 14, when he interned in Washington D.C. He greatly enjoyed the fact he was able to practice law with his friends and chosen clients and always strove to maintain collegiality. Ralph firmly believed that an attorney can affect the community in which he or she lives. Perhaps most important of all, Ralph believed that his wife, Sara, was his most efficient and important conscience. Neil G. Galatz Judge Allan Earl spoke on behalf of Neil G. Galatz. Judge Earl described Neil as a man of astonishing professional generosity for whom practicing law was more than a business, more than a profession, it was an art form. An art form Neil honed for decades and which he enthusiastically shared with associates, colleagues and anyone who asked. Neil controlled the court room with his incredible intellect, unparalleled command of the facts, knowledge of the law and imposing physical presence. Neil taught Judge Earl how to be a trial lawyer and that the single most important quality a lawyer can have is to keep your word. James Gantt Griffin Barbara Buckley spoke on behalf of James Gantt Griffin. Barbara remarked that James found his true calling when he started clerking at the Legal Aid Center of Southern Nevada. Prior to his clerkship with the organization, James was actually thinking of leaving law school. Through his work at the Legal Aid Center, James discovered his greatest passion helping people. James loved his clients and treated them with extraordinary respect. They were more than clients. James saw people against the backdrop of the rich fabric of their lives as mothers, fathers, sisters, and brothers. For all of his colleagues at the Legal Aid Center, James will be remembered not just for what he did, but how he did it. George W. Johnson James R. Rosenberger spoke on behalf of George W. Johnson. James described George as the consummate mentor. George taught them how to be gentlemen (and gentle ladies) as well. George was a true man of letters, who read vociferously and conducted himself at all times with exemplary ethics, earning him the privilege and enjoyment of being held in the highest esteem by his clientele and all members of the professional legal community. George s good nature, exceptional intellect, unwavering sense of fairness, and courtesy won him the respect and admiration of all who had the privilege of knowing him. Mariana Meter Karl Nielson spoke on behalf of Mariana Meter. Mariana was a kind, gentle, and inquisitive soul, who inspired all of those she touched. With keen intelligence, wisdom, and wit, she graduated at the top of her class from UNLV s Boyd School of Law; and ultimately serving as a Nevada senior deputy attorney general. Mariana was wholeheartedly dedicated to her family and friends with unconditional love and support. Nancy Quon John Leach spoke on behalf of his dear friend Nancy Quon. John spoke of his deep admiration for Nancy, her intelligence, her drive, and her dedication to the people in her community. Nancy moved to Las Vegas in In 1996, she completed her law degree at Cal Western School of Law in only twenty months while being a single mother and raising two daughters. John shared how in 2007, Nancy sponsored half a dozen kids with the Las Vegas Valley Volleyball Club and paid all expenses for them to participate in the Junior Olympics in Atlanta, Georgia. John believed there was much more to know about Nancy than just what had been written in the papers in recent years. For her daughters, Stephanie and Jessica, John asked them to always remember what their mom believed was an important lesson in life, When the story of your life is written, don t let someone else hold the pen. Terry Skivington Michael Poley spoke on behalf of Steve Terry Skivington. Steve came from simple origins, growing up in Elko, Nevada and believed that at its best, lawyering was an amazingly noble profession, one of which he was proud to be a part. Steve was very creative. He thought outside the box when crafting solutions not just for himself and his study partners while cramming for finals in law school, but for his clients upon graduation. Most important in Steve s life, however, was his immense love for his wife and daughters. Remembering continued on page 16 November

16 Remembering continued from page 15 William Leslie Sully, Jr. Cheryl Sully provided a statement to be read on behalf of her husband, William Leslie Sully, Jr. Les, as he was known to family, friends and colleagues, began his distinguished career clerking for the late Judge Howard Babcock. During his 37 years of practice, Les worked in, and was a founding member of, several local law firms. For the past 18 years, he was a partner in the law firm of Leavitt, Sully & Rivers. Those who knew Les on a personal level knew that family was his foremost priority. He was a loving and devoted husband and father. His wife and children were truly the light of his life, and he dedicated himself to their care, protection, and happiness. Always a gentleman and a man of impeccable integrity, Les will be dearly missed. James Leving Taylor Charles Hauser spoke on behalf of his friend and colleague, James Leving Taylor. Chuck shared the simple fact that losing Jim so suddenly has left a huge hole in the lives of all who knew him, most especially Jim s wife and children. What some people might not know is that in addition to his exceptional legal skills, Jim was a really, really good dresser. Jim was an excellent shopper and every Saturday before Christmas, he would take Chuck shopping, which made Chuck s wife very happy. Jim was also a conservative with a license plate that read Right Wing. But Jim did get a little more liberal in later years, in his fashion sense. Jim will be missed by all of his friends, family, and colleagues, as well as Nordstrom s, Neiman s, Sak s, and many others. About the Clark County Law Foundation The Clark County Law Foundation (CCLF) is dedicated to providing community service and law-related education programs throughout Southern Nevada. Formed in 1993, CCLF was created to serve as a central point where money could be raised to support law-related programs that benefit the entire community. Programs include Trial by Peers (youth court), community service projects for the benefit of Clark County, and the Let Freedom Ring Project. To support CCLF, a tax-deductible donation may be made to # Contact CCLF at (702) or visit Rona Kaye T. Tuitele Maretta Tuitele spoke on behalf of her daughter, Rona Kaye T. Tuitele. Mrs. Tuitele described her daughter as a woman of intelligence and integrity, who believed in the law and respected the profession. A caring and compassionate person, above all, Rona loved her family. Rona served her church as a pianist from the age of 8 continuously for more than a decade. Rona s 11-year-old brother, Michael, played Rona s favorite piece of classical music for the assembly titled Ballade pour Adeline. As her favorite, she was moved to play it by great emotion, happy or sad. Michael s rendition was a flawless and moving tribute to his sister. Roscoe H. Wilkes Karen Wilkes spoke on behalf of her father, Roscoe H. Wilkes. Karen shared how, when her father passed away, she was so grateful for the long life he had and all the years she was able to share with him. It was hard for her to figure out a way to honor him because so many of the people he knew were already gone. Karen told stories from the days when her dad was the district attorney in Pioche; he personally attended each and every arrest to walk the deputies through it and not mess up his prosecutions. Roscoe, as a prisoner of war in Romania during World War II, became inspired to go to law school. Each night, the prisoners would take turns listening to the BBC on a radio someone had smuggled in. Those prisoners would write up the news from the night before and leave notes for the other prisoners to read. One day, Roscoe read the notes to learn that the U.S. government had passed the G.I. Bill and he thought If I ever get out of here, I m going to go to law school on the G.I. Bill. And he did. He made his family and the profession proud and he is sorely missed. Volunteer Organizers Thank you to each of the committee members for volunteering your time for the Memorial Service. It is impossible to describe how much it means to those who have lost a loved one. Special thank you to Judge Lloyd George for contributing his courtroom for the event and to Lee Hughes for all of her hard work and effort, before, during and after the event. Volunteers on this year s Attorney Memorial Service Sub-Committee included Helen P. Towlerton (chair), Mariteresa Rivera-Rogers (co-chair); Hon. Lloyd D. George, Hon. Stephen J. Dahl (ret), Susan Myers, Lee Hughes, and Karl Nielson. Helen P. Towlerton serves on the CCLF Community Service Committee. Ms. Towlerton s practice focuses on domestic relations and civil litigation. You may contact Ms. Towlerton at or by calling (702) November 2013

17 December Special Event Bar Luncheon RSVP WITH PAYMENT: Submit RSVP with payment to: Clark County Bar Association, P.O. Box 657, Las Vegas, NV FAX: (702) PHONE: (702) Do NOT credit card info. PRICE: CCBA s Luncheons are proudly sponsored by: Clark County Bar Association President s Luncheon & Annual Meeting Thursday, December 12, :00 to 1:15 p.m. Please note the extended time format. Morton s The Steakhouse, 400 E. Flamingo Road, Las Vegas Doors open at 11:30 for luncheon check-in. RSVP with payment by Friday, December 6, Join CCBA President Kari Stephens as she welcomes a special presentation from Nevada Supreme Court Justice James W. Hardesty and holds the election for the CCBA Executive Board! Election ballots will be collected at this event. Election information, absentee affidavits, and ballots are available at Take a break. Catch up with colleagues. Support your local bar. Name Bar # Phone # Fax # Firm Name Address City State Zip ENTREE CHOICE: Filet Mignon Chicken Christopher Pasta Primavera Clark County B ar Association The Need for a Court of Appeals A special presentation by Nevada Supreme Court Justice James W. Hardesty 12:15 to 1:15 p.m. Offers 1 general CLE credit! $40/CCBA Member; $45/Non-Member $ Amount of payment enclosed Check or money order is enclosed; or I authorize the CCBA to charge my credit account (circle one): AMEX Mastercard VISA Name of card holder: Credit Card #: Expiration date: Phone: Signature: November

18 The Continued Evolution of the Trustee s Sale Process in Nevada By Matt Watson and Pearl Gallagher For several sessions, the Nevada legislature has changed the trustee s sale process and the method of obtaining deficiency judgments after a trustee s sale. The most recent session was no exception, and was notable both for new procedures and for the lack or guidance on prior legislation. EXPERIENCED ARBITRATOR & MEDIATOR GERALD I. GILLOCK, ESQ. PROVEN LITIGATOR 22 YEARS AV RATED DEFENSE ATTORNEY 20 YEARS AV RATED PLAINTIFF ATTORNEY Now accepting appointments. T: (702) F: (702) Assembly Bill 273 (2011) Assembly Bill 273 (2011), among other things, limited the amount a deed of trust beneficiary could recover in a deficiency action and when a beneficiary acquired the right to obtain the judgment from another person. Whether the language, now NRS (c), limits the deficiency amount to the amount of consideration paid for the acquisition of a secured obligation, or merely the post-trustee s sale acquisition of the right to seek a deficiency judgment, will likely require interpretation by the Nevada Supreme Court. The legislature made two attempts to clarify NRS (c) in the 2013 session. Assembly Bill 273 would have limited a deficiency judgment to the amount a creditor who did not make the loan paid for the loan. Assembly Bill 431 would have limited a deficiency judgment to the amount paid by a creditor only if the creditor acquired its rights after a trustee s sale. Each of those bills took an opposite view of the issue. Both failed. Notice of breach affidavit Assembly Bill 284 (2011) required that an affidavit of authority be recorded with a notice of breach and election to sell, which begins the trustee s sale process, setting forth information regarding the loan. That requirement is codified in NRS (2)(c). Anecdotes and empirical data, such as median home prices, foreclosure mediations, completed trustee s sales and an increase in judicial foreclosures suggest that the affidavit requirement has deterred beneficiaries from beginning the trustee s sale process. Assembly Bill 300 revised the information required to be in the affidavit, as well as the source of the information. Originally, the statute required the affidavit to be based on the personal knowledge of the affiant, but there was no guidance on what constituted personal knowledge. The revisions clarify that the knowledge may be based on the direct, personal knowledge of the affiant or personal knowledge acquired by a review of business records of beneficiary, its successor, or the servicer of the obligation. Information regarding prior assignments of the deed of trust may also be based on information contained in the records of the county recorder, or a title guaranty or title insurance issued by a licensed title agent. These changes allow the affiant to collect the information from a variety of sources where he or she may not have first-hand knowledge, a helpful change given the scope of the information the affidavit requires. Gone is the requirement that the affidavit include a statement that the trustee has the authority to exercise the power of sale. Instead, the affidavit must include that beneficiary, its successor, or the trustee is entitled to enforce the 18 November 2013

19 obligation or debt secured by the deed of trust. In most cases, the obligation being enforced is the obligation to pay on number an obligor may call to receive the information. There most current amounts due and a local or toll-free telephone a promissory note. Beneficiary, its successor, or the trustee is no requirement that the notice be sent at any particular is entitled to enforce a promissory note, when it is (i) the time, but only that the affiant state that the notice has been holder of the note, (ii) a nonholder in possession of the note sent. It is not clear whether the local telephone number must who has the rights of a holder, or (iii) a person not in possession of the note who is entitled to enforce the note pursuant or whether it can be local to the area where beneficiary is be local to the area where the collateral property is located, to a court order issued under NRS Regarding located. Some beneficiaries may have neither a toll-free nor item (iii), one may argue whether a person not in possession a Nevada telephone number. of the note must actually obtain a court order or merely be While the revised affidavit requirements should make within the category of persons who is entitled to obtain a affiants more comfortable certifying the information in the court order pursuant to NRS affidavit, new rules in Senate Bill 321, the Homeowner s The final significant change is the removal of a requirement to include the amount in default, principal amount of closures of owner-occupied housing more cumbersome for Bill of Rights, will make trustee s sales and judicial fore- the obligation secured by the deed of trust, and estimates of beneficiaries. See Troy Atkinson s article at pages of the fees and costs imposed as a result of exercising the power the September, 2013, Communiqué, for a summary. Record of sale. Instead, the affidavit must state that beneficiary, its numbers of notices of breach were recorded just before the successor, the servicer, trustee, or an attorney representing October 1 effective date of the statute according to the Las any of them has sent to the obligor a written statement of (i) Vegas Review-Journal and lvdefault.com. the amount required to make good the deficiency in payment or performance, (ii) the amount in default, (iii) the Abandoned residential property principal amount of the secured obligation, (iv) the amount Senate Bill 278 provides an expedited process for a of accrued interest and late charges, (v) a good faith estimate trustee s sale of abandoned residential property. The process became effective July 1, 2013, and expires on June 30, of all fees imposed in connection with the exercise of the power of sale, and (vi) contact information for obtaining the Continued Evolution continued on page 20 Thank you! Special thanks to these companies and individuals for their support of Project REAL and their sponsorship of the October 5, 2013 charity event hosted by Project Dinner Table. Bank of Nevada Brownstein Hyatt Farber Schreck Esquire Solutions-Las Vegas Kolesar & Leatham Lipson, Neilson, Cole, Seltzer, Garin, LLC Liquor Library LITigation Services Meadows Bank Oasis Reporting Services Mike Sloan Barbara Molasky November

20 Continued Evolution continued from page It allows a beneficiary to record a notice of sale 60 days, rather than three months, after recording a notice of breach and election to sell, accelerating a sale date by up to 30 days. However, such acceleration is not without risk. Eligibility requires that a beneficiary: 1. after an investigation, determine that the property is abandoned residential property; 2. receive a certification from an agency or contractor designated by the board of county commissioners or governmental body of an incorporated city that the additional conditions (discussed below) have been met; and 3. include in its notice of breach an affidavit supporting the determination that the property is abandoned residential property together with the certification described above. Abandoned residential property is defined as residential real property of not more than four family dwelling units or more than one single family residence that grantor has surrendered. Surrender may be established by grantor s affirmative acts of either written confirmation or giving the keys to beneficiary. Failing either of those acts, beneficiary may establish surrender by confirming that six criteria are met, including that the property is not occupied as a principal residence, utility services have been terminated, and no children residing at the address are enrolled in school. Moreover, two or more of the eight additional conditions set forth in Section (1)(b)(7) of Section 2 of the bill must also exist. They include the existence of multiple unrepaired broken windows, broken doors, and the removal of copper Marketing Opportunities with CCBA! Sponsors Support Promote your company and meet bar leaders when you sponsor a Clark County Bar activity or program. Sponsors are needed for our CLE seminar programs, bar luncheons and networking events. Communiqué Displays Announcements about your firm and your complishments can be made in a display ad in this award-winning magazine. Marketplace Lists Classified ads in the Communiqué or on the web at clarkcountybar.org are an affordable way to let bar members know you are hiring or renting office space. Banners Link Back Button or banner ads posted on clarkcountybar.org offer a link back to your business website. Call CCBA for details! (702) or other materials. Abandoned property does not include property occupied on a seasonal basis or displaying rental or sale signs. A beneficiary must pay careful attention to the applicable requirements to confirm eligibility. Prior to issuing the required certification, the designated agency or contractor must notify and give grantor 30 days to dispute that the property is abandoned. If grantor fails to contact the designee within 30 days, the designee will issue the certification for which beneficiary may be charged up to $300. If beneficiary proceeds under the expedited process without grantor s written confirmation of surrender or delivery of the keys, grantor may, any time before the sale, record an affidavit stating that the property is not abandoned residential property, in which event the notice of breach is deemed withdrawn and the entire sales process must be restarted. Further, if the sale is not conducted within six months after the notice of breach is recorded, the notice of breach is deemed withdrawn and beneficiary is liable to grantor for a civil penalty not to exceed $500. Given that the expedited process only accelerates the notice of sale date by 30 days while imposing additional requirements of (1) a 30 day process to receive the required certification, (2) allowing the cancellation of the notice of breach by grantor recording an affidavit that the property is not abandoned and (3) a six-month deadline to complete the sale, the use of this expedited process may not be attractive to residential lenders. Conclusions Assembly Bill 300 provided helpful revisions to the affidavit of authority requirement that may make deed of trust beneficiaries more comfortable proceeding with a trustee s sale. The expedited process regarding abandoned residential property seems less likely to have a significant effect on trustee s sales. As for the language in NRS (c) regarding acquiring judgments, it will take legislative action or decision by the Nevada Supreme Court to resolve what is meant by acquired the right to obtain the judgment. Matthew Watson is a shareholder in the Las Vegas office of Lionel Sawyer & Collins whose practice includes real estate finance, commercial foreclosures, and real estate & general transactional law. He is a member of the Executive Committee of the Real Estate Section of the State Bar of Nevada. Pearl Gallagher is a shareholder in the Las Vegas office of Lionel Sawyer & Collins whose practice includes real estate law, corporate law and commercial transactional matters. She is also a contributor to the firm s Bishop and Zucker on Nevada Corporations and Limited Liability Companies and Doing Business in Nevada, A Practical Guide publications. 20 November 2013

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