Summary of Nevada's Foreclosure Laws

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

If you are facing foreclosure in Nevada, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Nevada
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Nevada foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Time to respond

Foreclosing party must give homeowner a three-month notice of default and election to sell (must include notice of right to mediation), a notice stating borrower is in danger of losing the home to foreclosure, and a three-week notice of sale. Nev. Rev. Stat. § 107.080-086

Reinstatement of loan before sale

Homeowner may reinstate up to five days before the sale

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

If trust deed was entered into on or after October 1, 2003 and is subject to HOEPA (see Ch. 7), homeowner must be personally served with an additional 60-day notice before date of sale. Violations of high-cost home loan statutes support a defense to foreclosure. Nev. Rev. Stat. §§ 598D.010 to 598D.150

Special state protections for service members

None

Deficiency judgments

Not allowed if mortgage has not been refinanced, homeowner has resided in home continuously, and other criteria is met. Otherwise, foreclosing party may obtain deficiency judgment by filing a separate lawsuit within six months of foreclosure sale. Amount of deficiency is limited to the lesser of the difference between the total debt and fair market value of the home, or the difference between the total debt and foreclosure sale price.

Cash exempted in bankruptcy

$1,000 under state bankruptcy exemptions

Notice to leave after house is sold

New owner (usually the foreclosing party) must provide a three-day notice to quit (leave) before filing an eviction lawsuit. Nev. Rev. Stat. § 40.290

Foreclosure statute

Nev. Rev. Stat. § 107.080

Talk to a Lawyer

Start here to find foreclosure lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Connect with local attorneys
LA-NOLO1:DRU.1.6.4.20141222.29342