- Who sends it
- The trustee, by recording it and by personal service or registered or certified mail; it is also posted on the home
- What it starts
- The auction date; a copy must be posted on the home at least 15 days before the sale
- Do this first
- Call the trustee contact on the notice to confirm the date and get the reinstatement amount in writing
What this notice is in Nevada
NRS 107.080(4) says that after the 3-month period following the Notice of Default, the trustee must give notice of the time and place of the sale by recording a notice of sale and by serving or mailing it to you, posting a similar notice in a public place in the county for 20 days in a row, and publishing it once a week for 3 weeks in a local newspaper. The Civil Law Self-Help Center calls it the Notice of Trustee's Sale.
For a home, NRS 107.087 adds that a copy must be posted on the property at least 15 days before the sale by a licensed process server, constable or sheriff, with the trustee's contact information for the status of the foreclosure. A separate notice to any tenants must be posted and mailed at least 15 days before the sale.
What it does and does not mean
- For a home you live in, the sale cannot go forward unless a Home Means Nevada certificate saying no mediation is required, or that mediation is complete, has been recorded (NRS 107.086(2)(e)).
- Sales are public auctions to the highest bidder between 9 a.m. and 5 p.m. at the place the county sets (NRS 107.081).
- The trustee can postpone the sale by announcing it at the auction up to 3 times. After that, a new notice is needed (NRS 107.082).
- If the sale is not held within 90 calendar days after the Notice of Sale is recorded, it must be cancelled, not counting time paused for bankruptcy, mediation or a pending application (NRS 107.550).
- It is not an eviction. After a sale the new owner must serve a 3-day notice and win a formal eviction case. See the 3-day notice to quit.
How to count your last days
- For a home you live in, your right to catch up ends 5 days before the sale date (NRS 107.0805(1)(a)). The statute does not say business days, so count calendar days and pay well before the cutoff.
- A complete application for a loan modification or other option generally stops a covered servicer from holding the sale while it is reviewed (NRS 107.530).
- After a sale, a lawsuit to void it must be filed within 30 days after the trustee's deed is recorded, or within 90 days after the sale if you did not get proper notice, with a lis pendens recorded within 5 days of filing (NRS 107.080(5), (6)).
What to do this week
- Call the trustee contact on the posted notice to confirm the date, and call the number in the Notice of Default affidavit for the current amount due.
- Send any missing documents to your servicer and ask your single point of contact to confirm your application is complete. Tell the trustee it is pending.
- Ask the servicer to postpone if you are close to a modification or a sale of the home. It does not have to agree.
- If you think notices were skipped or the servicer broke the Homeowner Bill of Rights, call legal aid or a lawyer through the State Bar of Nevada Lawyer Referral Service. Only a court can stop a sale on those grounds.
- Read Nevada foreclosure sale date set and our national notice of sale page.
Scam warnings
Sale notices are public, so expect offers to stop the sale for a fee or to buy your home fast. Nevada requires foreclosure consultants to be licensed and bars them from taking an interest in your home. If a buyer who takes title while your home is in foreclosure commits fraud, you may be able to rescind within 2 years. 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
Where are Nevada trustee sales held?
At the public place your county government sets for real property sales, between 9 a.m. and 5 p.m., to the highest bidder (NRS 107.081). The exact place, date and time are in the Notice of Sale.
What is the last day to stop a Nevada trustee sale by paying?
For a home you live in, 5 days before the sale date (NRS 107.0805(1)(a)). Get the exact amount from the trustee in writing and pay the way the trustee instructs.
How many times can a Nevada trustee sale be postponed?
Up to 3 times by announcement at the auction. After the third, any new sale date needs a new notice under NRS 107.080 (NRS 107.082).
Can I get my Nevada home back after the trustee sale?
Not by redemption. NRS 107.080(5) says a trustee sale gives the buyer title without any right of redemption. A court can void a sale that did not substantially follow the rules if you sue within 30 days after the deed is recorded, or 90 days after the sale if you did not get proper notice.
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.
- 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.
- 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.