- Who sends it
- The trustee named in your deed of trust, for the lender, by registered or certified mail; it is also recorded and posted on the home
- What it starts
- At least 3 months before a Notice of Sale, and 30 days to petition for mediation
- Do this first
- Find the recording date and the Home Means Nevada mediation notice, and call legal aid the same week
What this notice is in Nevada
Most Nevada home loans use a deed of trust, and NRS 107.080 gives the trustee a power of sale. Before the trustee can sell, it must record a notice of the breach and of the election to sell in the county where the home is, and mail you a copy by registered or certified mail. The notice must describe what you failed to pay or do.
For a home, NRS 107.0805 requires a notarized affidavit of authority to be recorded with it. That affidavit must name the current trustee, note holder, beneficiary and servicer, and state that you were sent a written statement of the amount to reinstate, the amount in default, the principal, interest and late charges, and an estimate of foreclosure fees. It must give a local or toll-free number you can call for the current amount due. The notice must also include a declaration that the servicer contacted you, tried to, or did not have to (NRS 107.510(6)).
What it does and does not mean
- It is not a sale date and not an eviction.
- At least 3 months must pass after it is recorded before the trustee can give notice of a sale (NRS 107.080(2)(d)).
- For a home you live in, the trustee cannot sell until a Home Means Nevada certificate is recorded saying no mediation is required or mediation is complete (NRS 107.086(2)(e)).
- A copy must be posted in a conspicuous place on the home at least 100 days before the sale, with the trustee's contact information for the status of the foreclosure (NRS 107.087).
- If no Notice of Sale is recorded within 9 months, the Notice of Default must be rescinded, not counting time paused for bankruptcy, mediation or a pending application (NRS 107.550).
How to count your deadlines
- Your right to make good the default on a home you live in starts the day after the notice is both recorded and mailed to you, and ends 5 days before the sale date (NRS 107.0805(1)(a), (2)). Paying what is past due plus the costs and fees tied to the notice stops the lender from calling the whole loan due (NRS 107.080(3)).
- Your 30 days to petition for mediation run from service of this notice (NRS 107.086(3)). The Civil Law Self-Help Center says the 30 days begin when the notice is mailed, not when you get it, so count from the mailing date.
- The 3-month wait runs from the recording date. You can look up the recorded notice at the county recorder's office.
- Within 5 business days after the notice is recorded, a servicer that offers foreclosure prevention options must send you a letter on how to apply, unless you already finished its application process (NRS 107.500(2)).
What to do this week
- Find the mediation packet that must come with the notice and decide quickly whether to petition. See the Home Means Nevada mediation notice.
- Call the phone number in the affidavit for the current reinstatement amount and get it in writing.
- Send a complete application to your servicer if you have not already. A covered servicer must decide within 30 days of a complete application.
- Call Legal Aid Center of Southern Nevada at 702-386-1070, Nevada Legal Services, or a HUD-approved counselor.
- Read how long a Nevada foreclosure takes and our national notice of default page.
Scam warnings
The Civil Law Self-Help Center warns that the Notice of Default is a public record and that many offers to refinance or modify your loan that follow it are fraudulent. Nevada bars paid foreclosure consultants from taking an interest in your home or a power of attorney. See is this letter a scam and Nevada foreclosure help.
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 after a Nevada Notice of Default can my home be sold?
At least 3 months must pass after it is recorded before the trustee can give notice of a sale, and the Notice of Sale then runs about 3 weeks. The Civil Law Self-Help Center estimates about 111 days if you waive mediation. Mediation and a pending application add time.
Until when can I catch up after a Nevada Notice of Default?
For a home you live in, until 5 days before the sale date (NRS 107.0805(1)(a)). Pay the past due amounts plus the costs and fees tied to the notice.
Why did my Nevada Notice of Default come from a company I never heard of?
The trustee named in your deed of trust runs the foreclosure, often a title or trustee company, so notices come from that third party rather than your bank. The affidavit with the notice must name the current trustee, note holder, beneficiary and servicer.
Can a Nevada Notice of Default expire?
Under NRS 107.550, it must be rescinded if no Notice of Sale is recorded within 9 months, not counting time paused for bankruptcy, mediation or a pending application for a foreclosure prevention option.
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.
- Home Means Nevada Foreclosure Mediation Program notice and waiver formIf you live in the home, your Notice of Default must come with a notice from Home Means Nevada, Inc. about the state Foreclosure Mediation Program, a waiver form and two envelopes. You have 30 days to file a Petition for Foreclosure Mediation Assistance with the district court. If you file on time and pay your fees, the sale cannot go forward until mediation is done.
- 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.