Summary of Nevada's Foreclosure Laws

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
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 and a three-week notice of sale.
Reinstatement of loan before sale	Within 35 days after foreclosing party records notice of default in local land records office
Redemption after sale	No
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 through 598D.150
Special state protections for service members	None
Deficiency judgments	May be obtained by filing a separate lawsuit within six months of foreclosure sale. Amount is limited to the lesser of:
Cash exempted in bankruptcy	None
Notice to leave after house is sold	New owner must give former owner a three-day notice to quit (leave) before filing an eviction lawsuit. Nev. Rev. Stat. § 40.290
Foreclosure statute	Nev. Rev. Stat. § 107.080