When The House Is Foreclosed
NRS 107.080 — a recorded notice of default, 35 days to make good, three months, then notice of the sale
A Nevada deed of trust carries a power of sale the trustee may use after a breach. For a deed of trust that came into force on or after July 1, 1957, the power may not be used until all of these have happened:
- The grantor, the title holder of record, or a junior lienholder has failed for 35 days to make good the deficiency, counted from the day after the notice of default and election to sell is recorded and mailed by registered or certified mail.
- The beneficiary or trustee has recorded that notice of breach and election to sell in each county where the property lies.
- The beneficiary or servicer has instructed the trustee to sell.
- Not less than 3 months have passed since the notice was recorded.
Before the sale, the trustee records a notice of its time and place, serves or mails it to each trustor, posts it in a public place for 20 days, and publishes it once a week for 3 consecutive weeks in a newspaper in the county.
No right of redemption after the sale. The sale passes the grantor's title to the purchaser without equity or right of redemption. A court declares it void if the trustee did not substantially comply, an action is brought within 30 days after the trustee's deed is recorded, and a lis pendens is recorded within 5 days after the action begins; someone who never received proper notice has 90 days after the sale.
Where the beneficiary or trustee did not comply with the notice and timing requirements, the court awards the grantor or title holder $5,000 or treble actual damages, whichever is greater, an injunction against the sale until they comply, and attorney's fees and costs, unless it finds good cause for a different award.
Owner-occupied homes carry further requirements, including a notice before the notice of default and a foreclosure mediation program, in other sections not reproduced here. Applying any of this to a particular loan is for a court and a licensed Nevada attorney.
Sources for this section (1)
- NRS 107.080 — Trustee’s power of sale
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.