Nevada Foreclosure Laws

Real estate foreclosure sales in the State of Nevada are primarily done out-of-court. A foreclosure procedure conducted out-of-court generally can be completed in a period of about four months.

Pre-foreclosure Period

Mortgage deeds in the State of Nevada generally include a power-of-sale clause, giving the lenders the right to offer the property on sale, and sell the property, to recover the dues of debt owed by the borrower, in the event of any default by the borrower. This action of the lender can be taken without filing a lawsuit.

The lender initiates the foreclosure procedures by recording with the recorder of the County the default of the borrower. The lender also mails the notice of default to the borrower. The borrower, or any other stake holder, has a period of 35 days from the date of recording the notice of default to discharge the debt in full by remitting the entire dues and halt the foreclosure process.

Within a period of not less than three months of recording the notice of default, the foreclosure sale can be scheduled by the lender, if the borrower has failed to remit the default amount.

Notice of Sale / Auction

After the due notices are served, the notice of sale is displayed conspicuously in three different public places within a period not less than 20 days from the date of the scheduled date of sale. The notice of sale shall also be advertised in a local daily newspaper one day a week, for a period of three consecutive weeks. The lender shall also mail the affected parties the notice of sale.

The scheduled sale is held at the office of the trustee and any member of the public, including the lender may place a bid. The sale is awarded to the highest bidder. The winning bidder has to remit the entire bid amount, in full, in cash or by cashier's check to the sale trustee. If the winning bidder is the lender, then the amount is not required to be remitted in full.

If there is a postponement of the foreclosure sale, the postponement is announced publicly at the scheduled time and place of the foreclosure sale. Once the sale is completed, the trustee shall transfer the ownership rights of the property to the winning bidder.

The winning bidder of a foreclosure sale conducted out-of-court is awarded a clear title of ownership of the property, and the borrower shall have no rights of redemption in this type of foreclosure once the scheduled sale is satisfactorily completed.

Redemption

Though uncommon in the State of Nevada, foreclosure procedures initiated through the court carry a redemption period of one year for the borrower to remit the dues and redeem the property.

If you need more information about Nevada foreclosure laws, you should contact a foreclosure lawyer, or contact us so we can recommend one for you.

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