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Deed of trust

In one line: The document that secures a Nevada home loan, and the reason foreclosure here needs no courtroom.

In Nevada a home loan is secured by a deed of trust rather than a mortgage: the borrower conveys title to a neutral trustee, who holds it for the lender until the loan is paid and reconveys it, or, on default, sells the home under the power of sale the deed grants.

That power of sale is why Nevada foreclosure is non-judicial. The trustee records a notice of default, waits the statutory periods, records a notice of sale and auctions the home, all without a lawsuit. The recorded steps are what Kouzr's foreclosure pages count.

A deed of trust is recorded against the parcel and shows in the county's document history, so a search of the recorder tells you what is owed against a home, if not the balance.

A worked example

A $380,000 loan on a Henderson home is secured by a deed of trust naming a title company as trustee. The borrower misses payments; the trustee records a notice of default, and three months later a notice of sale, without anyone filing suit.

Questions people ask

Is a deed of trust the same as a mortgage?

Same purpose, different mechanics. A mortgage is a two-party lien foreclosed through the courts; a deed of trust adds a trustee with a power of sale, so foreclosure is non-judicial. Nevada uses deeds of trust for nearly all home loans.

How do I find the deed of trust on a home?

It is recorded with the Clark County Recorder against the parcel and appears in the document history, with the lender, the trustee and the original amount, not the current balance.

Where you'll see it on Kouzr

Related terms

More under foreclosure