Kouzr

Foreclosure

Also called non-judicial foreclosure, foreclosure sale

What is foreclosure? How a lender takes and sells a home to recover an unpaid loan; in Nevada it happens outside the courts, as recorded documents on statutory clocks that run at least about 110 days.

Foreclosure is how a lender enforces the security behind a home loan: the borrower stops paying, and the lender takes and sells the property to recover what is owed. In Nevada the loan is secured by a deed of trust, which gives a trustee the power to sell without a lawsuit, so nearly every foreclosure here is non-judicial. It is a sequence of recorded documents on statutory clocks rather than a court case, and all of it is public record at the county recorder.

The clocks are in NRS 107.080. Federal servicing rules keep the lender from starting before the loan is about 120 days delinquent. The trustee then records a notice of default and election to sell, which is day zero and the filing Kouzr counts. An owner-occupier has 30 days from service to elect the state foreclosure mediation program under NRS 107.086, which pauses everything until a mediator issues a certificate. Not less than three months after the notice of default, the trustee may record a notice of sale, post it for 20 days and publish it weekly for three weeks. The statutory floor from notice of default to auction is about 110 days, and four to six months is ordinary.

After the trustee's sale the deed goes to the highest bidder, or back to the lender as an REO where nobody outbid its credit bid, and there is no post-sale redemption period for the former owner in Nevada. Occupants are dealt with under NRS 40.255, which gives a former owner three days and a bona fide tenant considerably longer. For a buyer the process is three separate markets: pre-foreclosure while the owner can still sell, the auction itself in cash, and REO afterwards on ordinary terms. For an owner facing one, the right to reinstate runs until five days before the sale, and a Nevada attorney is the person to ask what else is left.

A worked example

A borrower stops paying in January. The notice of default records on May 3rd, once the loan is about 120 days delinquent. Mediation may be elected until June 2nd, no notice of sale may record before August 3rd, and it is then posted for 20 days: the earliest auction is late August, about 110 days after the notice of default, and the ordinary one is four to six months out.

The Nevada foreclosure process, step by step

Questions people ask

How long does foreclosure take in Nevada?

About 110 days from the recorded notice of default at the statutory floor, and four to six months in practice. Electing the state mediation program, filing bankruptcy or listing the home for sale all push it further out, and the missed payments before the notice of default add roughly four months of their own.

Can you stop a foreclosure once it has started?

Often. The right to reinstate by paying the arrears, fees and trustee's costs runs until five days before the sale, an owner-occupier can elect mediation within 30 days of service, and selling the home outright works any time before the auction because the owner still holds title. After the trustee's sale there is no redemption period in Nevada.

Where you'll see it on Kouzr

Related terms

More under foreclosure