- Who sends it
- Your mortgage servicer, lender or the beneficiary of the deed of trust, by first-class mail
- What it starts
- At least 30 calendar days before a Notice of Default can be recorded
- Do this first
- Ask the servicer for an application and copies of your loan papers, and call a HUD-approved counselor
What this notice is in Nevada
NRS 107.500(1) says that at least 30 calendar days after you default, and at least 30 calendar days before a Notice of Default is recorded or a court foreclosure is filed, the servicer must mail you a notice by first-class mail. It covers residential mortgage loans on a home you live in. The state file notes that lenders that foreclosed on 100 or fewer Nevada owner-occupied homes in the past year are exempt.
The notice must include a summary of your account: the amount needed to cure the default, the principal balance, the date you are paid through, your last payment date, your interest rate, any prepayment fee and late fee, a phone number or email for questions, and one or more HUD-approved counseling agencies. It must state the facts that give the servicer the right to foreclose and list the foreclosure prevention alternatives it offers.
What it also tells you
- You may ask for a copy of your promissory note, your deed of trust, any assignment that shows the right to foreclose, and your payment history since you were last less than 60 days late.
- If you are a servicemember or a dependent of one, you may have protections under the federal Servicemembers Civil Relief Act and NRS 40.439.
- If you are a federal, tribal or state worker affected by a government shutdown, or a household member or landlord of one, you may be protected under NRS 40.4395.
How to count the waiting periods
- Under NRS 107.510(1), no Notice of Default can be recorded until the servicer has sent this notice and 30 calendar days have passed since it first contacted you, in person or by phone, to talk about your options.
- If the servicer could not reach you, it must first mail a letter, call at least 3 times at different hours on different days, and then, if you do not respond within 14 calendar days, send a certified letter. The 30 days then run from when it finishes those steps.
- During the first contact, you can ask for a follow-up meeting, which must be held within 14 calendar days. It can be by phone.
- Most loans are also covered by the federal rule that generally bars the first foreclosure notice or filing until you are more than 120 days behind.
What to do this week
- Ask the servicer for its application for a loan modification or other option and send it back complete. While a complete application is pending, a covered servicer cannot record a Notice of Default or Notice of Sale or hold a sale (NRS 107.530).
- Ask in writing for copies of your note, deed of trust, assignments and payment history.
- Call one of the HUD-approved counseling agencies listed in the notice. You can give a counselor or lawyer written permission to talk to the servicer for you (NRS 107.510(4)).
- If you have a documented hardship and cannot make a payment within 90 days, a HUD-approved counselor may be able to certify you for mediation before any Notice of Default. See Nevada foreclosure mediation.
- Read how a Nevada foreclosure works and how to stop a foreclosure in Nevada.
Scam warnings
In Nevada, anyone who charges to help with a loan modification or foreclosure must be licensed and cannot collect a fee until you have signed an agreement with your lender that includes the offer they got for you. Report scams to the Nevada Attorney General's Mortgage Fraud Unit or the Division of Mortgage Lending. 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 after a Nevada pre-foreclosure notice can a Notice of Default be recorded?
At least 30 calendar days after the notice is mailed, and also 30 calendar days after the servicer first contacts you or finishes its required attempts to reach you (NRS 107.500 and 107.510).
Can I get a copy of my note before a Nevada foreclosure?
Yes. The pre-foreclosure notice must tell you that you can ask for your promissory note, deed of trust, any assignment showing the right to foreclose, and your payment history since you were last less than 60 days late.
Does every Nevada lender have to send this notice?
No. It covers loans on a home you live in, but not banks and other financial institutions that foreclosed on 100 or fewer Nevada owner-occupied homes in their last reporting year (NRS 107.460). Federal servicing rules still apply to most loans.
Other Nevada letters
- 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.
- 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.