- Who sends it
- The trustee, with the Notice of Default and again separately at the same time
- What it starts
- 30 days to petition the district court for mediation or return the waiver
- Do this first
- Get the petition form from the Civil Law Self-Help Center and file it well before day 30
What this packet is in Nevada
NRS 107.086(2) says a trustee cannot sell an owner-occupied home unless it mails with the Notice of Default, and also sends separately at the same time: contact information for someone with authority to negotiate a loan modification, contact information for at least one local HUD-approved housing counseling agency, a notice from Home Means Nevada, Inc. about your right to petition for mediation, a form to waive mediation, and two addressed envelopes, one to the trustee and one to Home Means Nevada.
Home Means Nevada says it does not decide eligibility, run the mediation or assign mediators. The district courts do that. Its page says you qualify if the home is your primary residence, a Notice of Default was filed in the past 30 days, and you have no open bankruptcy case.
How to count your 30 days
- NRS 107.086(3) gives you 30 days after service of the Notice of Default to either petition the district court or return the waiver form.
- The Civil Law Self-Help Center says the 30 days begin when the Notice of Default is mailed, not when you receive it. Count from the mailing date and do not wait until the last days.
- When you file, you pay the clerk a $25 filing fee and your share of the mediation fee. The statute caps the total mediation fee at $500, split equally. The Civil Law Self-Help Center lists $250 as the homeowner's share in Clark County and says the $25 fee can be waived but the mediation share cannot.
- You must serve a copy of the petition by certified mail, return receipt requested, on the lender and Home Means Nevada. The Home Means Nevada notice also lists the trustee.
- If the lender sued in court instead (a judicial foreclosure), the Civil Law Self-Help Center says you have 20 days after you are served with the complaint to petition.
What happens next
- Once you meet the petition requirements, no further action can be taken to sell the home until mediation is complete (NRS 107.086(3)).
- If you waive, do nothing, or do not pay your share of the fee, Home Means Nevada gives the trustee a certificate saying no mediation is required, within 60 days after it gets your waiver or 90 days after service, whichever is earlier (NRS 107.086(4)).
- The lender must bring the deed of trust, note and every assignment, and someone with authority to agree to a loan modification. If it does not, or does not take part in good faith, the court can impose sanctions, including requiring a loan modification (NRS 107.086(5), (6)).
- If you do not attend, the court dismisses your petition. If both sides try in good faith and cannot agree, the court may dismiss it and Home Means Nevada certifies mediation is complete. If you agree, the court enters an order with the terms.
- If your home is in an HOA, keep paying current dues during mediation (NRS 107.086(11)).
What to do this week
- Get the Petition for Foreclosure Mediation Assistance from the Civil Law Self-Help Center. It must be notarized, and you attach a copy of your Notice of Default.
- Call Legal Aid Center of Southern Nevada at 702-386-1070 to see if you qualify for help with mediation. In Clark County, the Eighth Judicial District Court mediation office is at (702) 671-4493.
- Start gathering what the self-help center says you will need, such as recent pay stubs, two years of tax returns, two months of bank statements and a hardship letter.
- Read the Nevada foreclosure mediation page and our national mediation notice page.
Scam warnings
The only fees in this program are the court filing fee and your share of the mediation fee, paid to the district court clerk. Nevada requires anyone who charges for foreclosure help to be licensed, and they cannot collect a fee until you sign an agreement with your lender. See is this letter a scam.
The rest of the Nevada process
See how foreclosure works in Nevada, the timeline, ways to stop it and free help in Nevada, or read the national guide to this letter.
Common questions
How long do I have to ask for Nevada foreclosure mediation?
30 days after service of the Notice of Default under NRS 107.086(3). The Civil Law Self-Help Center says the clock starts when the notice is mailed, so count from the mailing date.
How much does Nevada foreclosure mediation cost?
A $25 filing fee plus your share of the mediation fee. The total mediation fee is capped at $500 and split equally. In Clark County the self-help center lists $250 for each side, and the $25 fee can be waived.
Can I use Nevada mediation if I am in bankruptcy?
Not while the case is open. NRS 107.086(13) says the program does not apply while a bankruptcy case is pending and the court has not closed it, dismissed it or granted relief from the stay.
What if I send back the waiver form by mistake?
A waiver lets Home Means Nevada certify that no mediation is required, and the trustee can then move ahead. Call legal aid right away and keep working with your servicer on an application.
Other Nevada letters
- Pre-foreclosure notice and account summaryUnder Nevada's Homeowner Bill of Rights, your servicer must mail you a summary of your account at least 30 days before it records a Notice of Default. It shows the amount to catch up and the options the servicer offers. It is a warning, not a foreclosure filing, and it is the time to apply for help.
- Notice of Default and Election to SellThe Notice of Default and Election to Sell starts a Nevada trustee foreclosure. It is recorded with the county and mailed to you, and at least 3 months must pass before a sale can be noticed. If you live in the home, it starts a 30-day window to ask for state foreclosure mediation.
- NOTICE: YOU ARE IN DANGER OF LOSING YOUR HOME!For a home you live in, Nevada requires the trustee to serve you a notice headed "YOU ARE IN DANGER OF LOSING YOUR HOME!" at least 60 days before a trustee sale. It comes with a copy of your promissory note and a list of places to call. It means a sale could happen in as little as 60 days.
- Notice of Sale (Notice of Trustee's Sale)The Notice of Sale, often titled Notice of Trustee's Sale, gives the date, time and place of the auction of your Nevada home. It can come only after the 3-month Notice of Default period and, for a home you live in, a recorded mediation certificate. You can still catch up until 5 days before the sale date.
- Three-Day Notice to Quit Following SaleAfter a Nevada trustee sale, the new owner must serve a former owner a written 3-day notice to surrender before going to court. If you stay, the owner must file a formal eviction case and serve you a summons and complaint. The fast summary eviction process cannot be used against a former owner.