- Who sends it
- The trustee, usually by personal service at your home
- What it starts
- At least 60 days before the trustee sale can be held
- Do this first
- Call the legal services and lender numbers filled in on the notice, and confirm the sale timeline with the trustee
What this notice is in Nevada
NRS 107.085 applies to deeds of trust on owner-occupied housing and to certain high-cost loans. The trustee cannot sell unless, at least 60 days before the sale date, it serves you a notice in this form: "NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME! Your home loan is being foreclosed. In not less than 60 days your home may be sold and you may be forced to move."
Under the heading "For help, call" the notice must fill in phone numbers and mailing addresses for consumer credit counseling, the Attorney General, the Division of Mortgage Lending, the Division of Financial Institutions, legal services, your lender and the Nevada Fair Housing Center. A copy of your promissory note, with Social Security numbers blacked out, must be attached.
How it must be served
- For a home you live in, by personal service.
- If you are away, by leaving a copy with a person of suitable age at your home or work and mailing you a copy.
- If neither works, by posting it in a conspicuous place on the home, giving a copy to someone living there, and mailing a copy to the home.
- This notice is in addition to the posted Notice of Default and the later Notice of Sale.
How to count the 60 days
- The sale date must be at least 60 days after you are served. Write down the date and the way you were served.
- If you file a court case claiming an unfair lending practice in connection with the loan, the sale cannot be less than 30 days after the most recent such case is filed (NRS 107.085(2)(b)). That requires a lawsuit, so talk to a lawyer first.
- For a home you live in, your right to catch up still ends 5 days before the sale date (NRS 107.0805(1)(a)).
- If the trustee skipped required notices, a court can award at least $5,000 or three times your actual damages and stop the sale until the rules are followed (NRS 107.080(8)).
What to do this week
- Call the legal services number on the notice, or Legal Aid Center of Southern Nevada at 702-386-1070.
- Call the lender number on the notice about any pending application, and ask for the reinstatement amount in writing.
- Check whether you petitioned for mediation in time. If you did and it is not finished, tell the trustee and the court right away.
- Read Nevada foreclosure sale date set and how to stop a foreclosure in Nevada.
The rest of the Nevada process
See how foreclosure works in Nevada, the timeline, ways to stop it and free help in Nevada.
Common questions
Does a Nevada "YOU ARE IN DANGER OF LOSING YOUR HOME" notice mean my sale date is set?
Not necessarily. It means the trustee plans a sale at least 60 days away. The actual date, time and place come in the Notice of Sale, which is recorded, mailed or served, posted and published.
Why is my promissory note attached to the Nevada notice?
NRS 107.085 requires a copy of your note, with Social Security numbers removed, to be attached so you can see the debt being foreclosed. Compare it with your own records.
What if I never got this notice before my Nevada sale?
For a home you live in, the trustee cannot sell without serving it at least 60 days ahead. A sale that does not substantially follow the notice rules can be challenged in court within the short deadlines in NRS 107.080, so talk to a lawyer quickly.
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 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.