Nevada Real Estate Laws Every Seller Should Know
Nevada sells through a trustee and gives you nothing back after the sale, which is exactly why the deadlines before it matter so much. One of them is thirty days long and stops the process outright. Here is what generally applies before you sell, in plain language.
Before Any State Clock Starts: the Federal 120-Day Rule
Every state timeline on this page sits behind a federal one, and it is the single most
useful thing to know if you have missed payments. Under
Regulation
X, 12 CFR 1024.41(f)(1), a mortgage servicer generally
“shall not make the first notice or filing” required for a judicial or
non-judicial foreclosure unless the borrower's mortgage loan obligation is
more than 120 days delinquent.
That is roughly four months of missed payments before the state process is even allowed to
begin. It is why a state sequence that looks alarmingly short on paper is usually longer in
practice than the statute alone suggests.
The exceptions, because they are real. The rule does not apply where the
foreclosure is based on a violation of a due-on-sale clause, or where the servicer is joining the
action of a superior or subordinate lienholder. Small servicers are not exempt from this
particular prohibition. Loan types and servicing arrangements vary, and some loans are outside
Regulation X altogether.
So treat 120 days as the general floor rather than a guarantee, and work from the dates on your
own paperwork. If a notice has arrived and you do not believe you are past that point, that is a
question worth putting to a HUD-approved housing counselor or an attorney before you do anything
else.
Thirty Days To Ask For Mediation, And The Sale Stops
If a notice of default and election to sell has been served on you and the house
is owner-occupied, the most valuable thing on this page is a deadline that most
people let run out without knowing it was there.
Under NRS 107.086 the trustee has to send you, with that notice, a form on which you can elect to
waive mediation and two addressed envelopes, one to the trustee and one to
Home Means Nevada, Inc., and has to serve a copy of the notice on that
organization. You then have a choice, and a clock:
“If the grantor or the person who holds the title of record does not elect to waive
mediation, he or she shall, not later than 30 days after the service of the notice
... petition the district court to participate in mediation ... pay to the clerk of
the court a fee of $25 and his or her share of the fee established pursuant to
subsection 12.”
And then the sentence that matters:
“If the grantor or person who holds the title of record satisfies the requirements of this
subsection ... no further action may be taken to exercise the power of sale until the
completion of the mediation.”
The lender's side has to turn up: subsection 5 says the beneficiary of the deed of trust or a
representative shall attend, as shall you or your representative, and the mediation
is run by a senior justice, judge, hearing master or other designee.
What happens if you let it go. If you return the waiver form, or simply do not
petition in time, or do not pay the fee, then under subsection 4 Home Means Nevada must give the
trustee a certificate that no mediation is required, not later than 60 days
after it receives a waiver form, or 90 days after the notice was served, whichever is
earlier. After that the foreclosure carries on.
We have not read the rules that set your share of the mediation fee, so we are quoting only the
$25 court fee. Contact Home Means Nevada or a Nevada attorney about the rest, and do it inside the
thirty days rather than after it.
The federal rule above generally sits in front of this whole sequence. Free HUD-approved housing
counseling is available before you commit to anything, including to us.
Official source: NRS 107.086
Two Clocks, No Redemption, And A Remedy With A Floor
Nevada sells through a trustee, and NRS 107.080 sets two separate clocks running
off the same recorded document.
The first is generally 35 days. The sale cannot go ahead unless you, or whoever
holds title of record, or a subordinate lienholder has failed for that period
“to make good the deficiency in performance or payment”. It starts the day
after the notice of default is recorded in the county and a copy is
mailed by registered or certified mail, return receipt requested. And the statute
adds something worth knowing: acceleration must not occur if the default is made
good in that window along with the costs of preparing and recording the notice. So curing in time
stops the whole balance falling due. The section also refers to a shorter, fifteen-day period in
some cases; we have not established which, so check the notice you were actually served.
The second is three months. Under 107.080(2)(d),
“not less than 3 months have elapsed after the recording of the notice” before
a sale. After that, the notice of sale is recorded, served on you, posted for 20 days
successively in a public place in the county, and published three times, once each
week for three consecutive weeks.
There is no redemption afterwards, and we would rather you heard it plainly.
Section 107.080(5) says every sale “vests in the purchaser the title of the grantor and
any successors in interest without equity or right of redemption”. Some
states give a year in the house after a sale. Nevada gives none.
A sale can be set aside, but all three conditions must be met. The same
subsection says a sale must be declared void where the trustee did not
substantially comply with the section, and an action is commenced in that
county within 30 days after the trustee's deed is recorded, and a
notice of lis pendens is recorded within 5 days of starting the
action. Where proper notice was never given to someone entitled to it, subsection 6 gives that
person 90 days after the sale instead. Once those windows close, subsection 7
protects a bona fide purchaser.
And there is a remedy with a floor on it. Under 107.080(8), if a court finds the
beneficiary, its successor or the trustee did not comply with subsections 2, 3 or 4, it
must award you “damages of $5,000 or treble the amount of actual
damages, whichever is greater”, an injunction against exercising the power of
sale until they do comply, and reasonable attorney's fees and costs, unless the court finds good
cause for a different award. That is worth an hour of a Nevada attorney's time if your paperwork
looks wrong.
Official source: NRS 107.080
When A Shortfall Cannot Be Chased, And What A Sale Costs
Nevada has strong rules on what happens if the sale does not cover the loan, and one of them turns on facts most people can check in an afternoon.
The bar, and all four conditions must be true. Under NRS 40.455(3), where the
lender is a financial institution, the court may not award a
deficiency judgment at all if: the property is a single-family dwelling and you
owned it at the time of the sale; you used the money
to purchase the property; you continuously occupied it as your principal
residence after taking the mortgage; and you
did not refinance it afterwards. Miss any one of those and the bar does not apply,
which is why we set them out in full: a great many Nevada owners have refinanced or taken cash out
at some point, and for them this protection is simply not available.
Where a deficiency is available, it is capped. NRS 40.455(1) requires the application to be made
within 6 months of the sale, and the section does not allow it more than two years
after the first sale where several parcels are involved. Under NRS 40.459(2) the judgment cannot
exceed the lesser of the debt less the property's fair market value
at the time of sale, or the debt less the price it actually sold for.
And the provision worth reading twice. Where the debt was secured on your
principal residence, with not more than one residential structure and not more than
four families living there, NRS 40.459(3)(c) adds a third cap: if the person seeking the judgment
acquired the right to obtain it from somebody else, the judgment is measured against
the consideration they paid for that right. In plain terms, someone who bought your
old shortfall for cents on the dollar can be limited to what they paid for it. If a collection
business is pursuing you over a Nevada foreclosure from years ago, that is the section to take to an
attorney.
What a sale costs you. NRS 375.020 charges $1.25 for each $500
of value in a county whose population is 700,000 or more, and 65 cents for each
$500 below that, and NRS 375.023 adds $1.30 for each $500 on top, statewide. So the
total is $2.55 per $500 (0.51%) in the larger county band and
$1.95 per $500 (0.39%) elsewhere, or roughly $2,389 or $1,827 at the August
2026 statewide median, worked out here from the statutory rates. NRS 375.026 also lets certain
counties add a further tax, which we have not read, so ask your closing agent which band and which
extras apply where you are. On who pays, NRS 375.030(2) is unusually clear:
“the buyer and seller are jointly and severally liable” for it, so the
statute puts it on both of you and your purchase contract decides who actually
bears it. We have not read the exemptions in NRS 375.090, so we make no claim about transfers
between spouses or family members, on divorce, or by deed in lieu.
Official sources: NRS 40.455 and 40.459 and NRS 375
General information, not advice. This section describes Nevada practice in general terms and was checked in September 2026 against the Nevada Revised Statutes as published by the Nevada Legislature. Laws, timelines and local procedures change, and how any of it applies to your property depends on facts we have not seen. It is not legal, tax or financial advice, and it is no substitute for talking to a Nevada attorney, accountant or HUD-approved housing counselor about your own situation.