State Foreclosure Law

Nevada Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Nevada.

Process
Varies
Both judicial and non-judicial available §
Typical Timeline
~180 days
From first notice to sale
Homestead Exemption
$605,000
Must file to claim
Deficiency Judgment
Limited
Not after non-judicial sale
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
4 cited
17 needs check
7 gaps
Not legal advice. This page provides general information about Nevada foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Nevada-licensed attorney for situation-specific advice.

For a step-by-step guide to options and resources, see the Nevada Foreclosure Guide →

On this page

Governing Statutes

Citation Title Covers
NRS 107.080 et seq. Non-Judicial Foreclosure Trustee's sale process, 3-month notice of default, 21-day notice of sale, recording and mailing requirements
NRS 107.0855 et seq. Foreclosure Mediation Program (FMP) Nevada's mandatory foreclosure mediation program — borrower election, mediator duties, document production, certificate of good faith
NRS 40.455 Anti-Deficiency Statute Strong anti-deficiency protection for purchase money deeds of trust on residential property — no deficiency after non-judicial sale
NRS 115.010 Homestead Exemption $605,000 homestead exemption — one of the highest in the country

Non-Judicial Foreclosure Process

Awaiting verification
1
Default and Loss Mitigation Contact
~120 days
Federal law requires your servicer to wait at least 120 days after your first missed payment before starting foreclosure. During this time, the servicer must contact you about options to avoid losing your home. Nevada law (NRS 107.0855) separately requires documented good-faith contact attempts before recording a default notice.
2
Notice of Default and Election to Sell
~35 days
The trustee records a Notice of Default in the county recorder's office and mails it to you by both certified and first-class mail within 10 days. Critically, this notice includes a Mediation Election Form — you have 30 days to request mediation, which pauses the entire foreclosure.
3
Mediation Election (if requested)
~90 days
Within 30 days of receiving the default notice, you can request mediation by submitting the election form and a $200 fee (waived if you cannot afford it). Once you elect mediation, the sale is paused until the process is complete.
4
Notice of Trustee's Sale
~21 days
If mediation is not elected (or after mediation is concluded without resolution), the trustee may record a Notice of Trustee's Sale no earlier than 3 months after the Notice of Default was recorded. The Notice of Sale must be: (a) recorded in the county recorder's office, (b) posted on the property for at least 21 consecutive days before the sale, (c) published in a newspaper once a week for 3 consecutive weeks before the sale, and (d) sent by certified mail to the borrower and all interested parties at least 21 days before the sale.
5
Trustee's Sale (Auction)
~10 days
The property is sold at public auction on the date, time, and place specified in the Notice of Sale. The sale must be between 9 AM and 5 PM on a business day. The lender may credit bid up to the amount owed. Third parties bid against the lender. The highest bidder receives a Trustee's Deed Upon Sale after the sale. If the property is owner-occupied and the loan was purchase money, the lender is precluded from seeking deficiency.
6
Trustee's Deed and Title Transfer
~10 days
The trustee executes a Trustee's Deed Upon Sale and records it with the county recorder. The deed recites compliance with NRS Chapter 107. Recording completes the transfer of title to the purchaser. Any existing mortgage liens are extinguished by the sale; junior liens (other than property taxes) are also extinguished.
7
Eviction (Summary Process)
~14 days
After recording the Trustee's Deed, if the former owner remains in possession, the new owner files for a Summary Eviction in Justice Court under NRS 40.280. Nevada's summary eviction process is fast — a hearing is typically scheduled within 7-14 days and a lockout can be executed shortly after. Bona fide tenants receive 90 days under federal PTFA.

Judicial Foreclosure Process

Awaiting verification
1
File Complaint in District Court
The lender files a foreclosure complaint in the District Court of the county where the property is located, serving the borrower. The court schedules the case on its docket.
2
Court Proceedings
The case proceeds like civil litigation — answer, discovery, motion practice, and potentially trial if the borrower contests. A judicial foreclosure decree is entered if the lender prevails.
3
Sheriff's Sale and Redemption Period
Following a foreclosure decree, the Sheriff conducts a public auction. For owner-occupied 1-4 family dwellings where the sale proceeds are less than the debt, the owner has a 1-year redemption period to reclaim the property by paying the sale price plus interest.

Homeowner Protections

Awaiting verification
Homestead Exemption
$605,000
Must file a homestead declaration. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Prohibited after non-judicial sale
Nevada has strong anti-deficiency protections for residential mortgages. Under NRS 40.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
Nevada allows borrowers to reinstate the loan (cure the default) at any time before the trustee's sale by paying all arrears, late fees, trustee fees, and attorney costs — but NOT the full accelerated balance
All past-due payments, late fees, and reasonable costs of foreclosure (trustee fees, attorney fees, recording fees). The borrower resumes the loan on its original terms after cure.

Nevada Foreclosure Mediation Program (FMP)

Awaiting verification

Nevada offers a statewide foreclosure mediation program. §

Key Requirements

Administered By
Nevada District Courts (statewide)

Regulatory Oversight & Complaint Filing

Nevada homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Nevada Financial Institutions Division (FID)
File a complaint →
Attorney General — Consumer Protection
Nevada Office of the Attorney General — Bureau of Consumer Protection
Consumer protection information →
Housing Finance Agency
Nevada Housing Division
Phone: 775-687-2040

Alternatives & Financial Assistance

Nevada law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements.

Nevada's Nevada Homeowner Assistance Fund (Active — verify current availability directly with Nevada Housing Division. Treasury period of performance extends through 2026.) provides mortgage assistance to qualifying homeowners. Program details: housing.nv.gov/homeowners/homeowner-assistance-fund.

For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Nevada Foreclosure Guide.

Post-Sale Proceedings Under Nevada Law

After a foreclosure sale in Nevada, the new owner must provide written notice before initiating eviction proceedings. A minimum of 3 days' notice is required.

Surplus fund rights after a Nevada foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.

For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Nevada Foreclosure Guide.

Special Foreclosure Types in Nevada

Beyond the standard judicial and non-judicial foreclosure process, Nevada law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.
Reverse Mortgage Foreclosure
Federal HECM rules apply.

Lien Priority in Nevada

Nevada follows a race-notice recording statute (NRS 111.325). A purchaser who records first and pays value without notice of a prior unrecorded interest takes priority.

Statute of Limitations in Nevada

Mortgage Foreclosure
6
Written Contracts
6
Deficiency Judgment
0.5

Notable Nevada Foreclosure Cases

Key court decisions that have shaped foreclosure law and homeowner protections in Nevada.

Edelstein v. Bank of New York Mellon
128 Nev. 505, 286 P.3d 249 (2012)
Nevada Supreme Court addressed standing requirements for foreclosure trustees. Established that the foreclosing party must have standing to foreclose — the note and deed of trust must be held by the same entity or properly assigned.
SFR Investments Pool 1, LLC v. U.S. Bank, N.A.
130 Nev. 742, 334 P.3d 408 (2014)
Critical case: Nevada Supreme Court confirmed that HOA super-liens under NRS 116.3116 extinguish first-priority deeds of trust when the HOA forecloses. This shocked the mortgage industry and led to significant HOA lien monitoring by lenders in Nevada.
Wood v. Germann
130 Nev. 553, 331 P.3d 859 (2014)
Established that Nevada's anti-deficiency protections under NRS 40.462 apply broadly to purchase-money deeds of trust on owner-occupied residences, preventing lenders from pursuing deficiency judgments after non-judicial foreclosure of such loans.

Probate & Inheritance in Nevada

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Nevada law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Automatic Stay on Death
No automatic stay. Foreclosure may proceed during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
If a borrower dies, the trustee must identify and serve the personal representative of the estate and any known heirs with the Notice of Default and Notice of Sale.
Heir Protections
Heirs who inherit and occupy the property as their primary residence may qualify as successors in interest under CFPB Regulation X (12 CFR 1024.

Consumer Protection & Compliance in Nevada

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Nevada.

Mortgage Relief Scam Protections
State law specifically addresses mortgage relief scams.
Attorney Advertising Rules
Nevada Rules of Professional Conduct (RPC 7. §
Lead Generation Restrictions
No Nevada-specific lead generation statute for foreclosure defense identified beyond general business licensing.

Legal Aid & Pro Bono Resources in Nevada

  • ⚖
    Nevada Legal Services
    Statewide, low-income households legal aid.
    nlslaw.net →
  • ⚖
    Legal Aid Center of Southern Nevada
    Southern Nevada (Clark County) legal aid.
    lacsn.org →
  • ⚖
    Washoe Legal Services
    Northern Nevada (Washoe County) legal aid.
    washoelegalservices.org →
  • ⚖
    State Bar of Nevada Lawyer Referral Service
    undefined legal aid.
    nvbar.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Nevada. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Nevada →
  • 📋
    State Bar of Nevada Lawyer Referral and Information Service
    State bar lawyer referral service.
    nvbar.org →

Find Help in Nevada

We maintain a verified directory of free and low-cost help providers in Nevada. All are government-approved or federally funded.

8 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 38 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 44 Debtor education providers Required post-filing debtor education courses

Browse all 91 providers in Nevada →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Nevada.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Nevada Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Nevada homeowners:

Foreclosure Filings
National trend
Nevada has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

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Free help is available for homeowners facing foreclosure in Nevada. Contact 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.