How to Stop a Foreclosure in Nevada
Reviewed by DocDraft Legal Team · Nevada · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage. Stopping it means curing the default or reaching an agreement with the servicer before the sale is final. In Nevada, most foreclosures are non-judicial trustee's sales under NRS 107.080, which confers a power of sale on the trustee after a breach. The lender records a notice of default and election to sell, and not less than 3 months must elapse after that recording before the trustee may sell (NRS 107.080(2)(d)). For owner-occupied residential property, Nevada gives borrowers a strong cure right: under NRS 107.0805 the cure period runs until 5 days before the date of sale, letting you pay the amount in default and stop the sale. There is no post-sale right of redemption after a non-judicial trustee's sale under NRS Chapter 107. A deficiency is allowed but limited: an application must be made within 6 months after the sale (NRS 40.455) and is capped at the debt minus the greater of the property's fair market value or the sale price (NRS 40.459).
Find out where you stand in Nevada
Where are you in the foreclosure process?
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How do I stop a foreclosure in Nevada?
In Nevada, most foreclosures are non-judicial trustee's sales under NRS 107.080. You can stop the process by curing the default, which for owner-occupied residential property is allowed until 5 days before the sale under NRS 107.0805, by applying for loss mitigation such as a loan modification, or by paying the full amount owed.
What is the foreclosure timeline in Nevada?
A Nevada trustee's sale begins when the lender records a notice of default and election to sell. Under NRS 107.080(2)(d), not less than 3 months must elapse after that recording before the trustee may sell. For owner-occupied residential property, the cure period runs until 5 days before the sale under NRS 107.0805.
Can I reinstate my mortgage to stop foreclosure in Nevada?
Yes. Nevada gives borrowers a right to cure by paying the amount in default. For an owner-occupied residential foreclosure, that cure period expires 5 days before the date of sale under NRS 107.0805(1)(a). A general reinstatement window also applies under NRS 107.080(2)(a). Curing the default stops the trustee's sale.
Can the lender pursue me for the balance after foreclosure in Nevada?
Sometimes, but it is limited. Under NRS 40.455, a lender must apply for a deficiency within 6 months after a Nevada foreclosure sale. NRS 40.459 caps the deficiency at the debt minus the greater of the property's fair market value or the price the property brought at sale.
Nevada foreclosure law at a glance
Nevada foreclosure is governed primarily by NRS Chapter 107. Most home loans are secured by a deed of trust and foreclosed non-judicially: NRS 107.080(1) confers a power of sale on the trustee, exercised after a breach without a court case. The lender records a notice of default and election to sell, and not less than 3 months must elapse after that recording before the trustee may sell (NRS 107.080(2)(d)). Nevada is notably borrower-protective on cure: for owner-occupied residential property, NRS 107.0805 lets the borrower cure the default and stop the sale until 5 days before the sale date. There is no post-sale right of redemption after a non-judicial trustee's sale under Chapter 107. Any deficiency is limited, requiring an application within 6 months of the sale (NRS 40.455) and capped at the debt minus the greater of fair market value or the sale price (NRS 40.459).
Stopping a Nevada foreclosure after a notice of default
Suppose you are several months behind on your Nevada mortgage and the lender records a notice of default and election to sell. Under NRS 107.080(2)(d), not less than 3 months must elapse after that recording before the trustee may sell, which gives you time to act. Because your home is owner-occupied residential property, NRS 107.0805 lets you cure the default by paying the amount then due at any time up to 5 days before the date of sale, which stops the trustee's sale. During those months you could also apply for a loan modification or work with a HUD-approved counselor. Because there is no redemption after the trustee's sale under Chapter 107, curing before the 5-day cutoff is critical. Attorney review of your reinstatement or loss-mitigation paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Nevada homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Nevada Housing Division
State housing agency offering homeownership resources and foreclosure-related assistance information for Nevada homeowners struggling to keep up with mortgage payments.
Nevada Supreme Court Self-Help Center
Official self-help resources of the Nevada courts, useful if your matter moves into court or you need to understand civil procedure and your rights.
Legal Aid Center of Southern Nevada
Nonprofit providing free civil legal help to income-qualified Nevada residents, including housing and foreclosure-related matters and a foreclosure mediation resource.
Relevant Laws
NRS 107.080 (Non-judicial foreclosure; power of sale; notice of default)
Confers a power of sale on the trustee to be exercised after a breach. Subsection (2)(d) requires that not less than 3 months elapse after the recording of the notice of default and election to sell before the trustee may sell.
NRS 107.0805 (Residential cure period)
For owner-occupied residential foreclosures, provides a right to cure by paying the amount in default, with the cure period expiring 5 days before the date of sale under subsection (1)(a).
NRS 40.455 (Application for a deficiency judgment)
Requires a lender seeking a deficiency to apply within 6 months after the date of the foreclosure sale, limiting how long the borrower remains exposed to a personal judgment.
NRS 40.459 (Limit on the deficiency amount)
Caps any deficiency at the amount of the debt minus the greater of the property's fair market value or the price for which the property sold, protecting borrowers from an inflated shortfall.
Regional Variances
Nevada foreclosure rules vs national norms
Process type
Predominantly non-judicial trustee's sales under NRS 107.080, which confers a power of sale on the trustee. Judicial foreclosure through the courts exists but is uncommon for Nevada residential mortgages. Some states require judicial foreclosure; Nevada primarily uses the trustee's power of sale.
Notice timeline
The lender records a notice of default and election to sell, then not less than 3 months must elapse before the trustee may sell (NRS 107.080(2)(d)). A later notice of sale is given before the sale date, so the earliest sale is about three months out.
Reinstatement right
Strong for residential. NRS 107.0805 lets an owner-occupier cure the default until 5 days before the sale date. This late cutoff is more borrower-protective than states that end the cure right weeks or months earlier.
Redemption after sale
None after a non-judicial trustee's sale. NRS Chapter 107 contains no post-sale redemption right, and the trustee's deed conveys title at the sale. Some states allow months of post-sale redemption; Nevada does not for a trustee's sale.
Deficiency judgment
Allowed but limited. Under NRS 40.455 the lender must apply within 6 months of the sale, and NRS 40.459 caps the deficiency at the debt minus the greater of fair market value or the sale price.
Non-judicial vs judicial foreclosure in Nevada
Non-judicial trustee's sale (the common path)
Conducted out of court by a trustee under a deed of trust and NRS 107.080. The 3-month period after the notice of default, the NRS 107.0805 residential cure right until 5 days before the sale, and the no-redemption rule of Chapter 107 all apply.
Judicial foreclosure (the rare path)
Filed as a lawsuit and decided by a court. Slower and uncommon in Nevada. A borrower served with a summons and complaint must file a written response by the stated deadline or risk a default judgment. Deficiency limits under NRS 40.455 and 40.459 still apply.
Suggested Compliance Checklist
Confirm whether your foreclosure is non-judicial or judicial
As soon as you fall behind or receive any notice days after startingMost Nevada foreclosures are non-judicial trustee's sales under NRS 107.080, handled out of court by a trustee. Judicial foreclosure through the courts is uncommon. Knowing which type you face determines your deadlines, your cure window, and how the notice of sale reaches you.
Read the notice of default and calendar the 3-month period
Immediately upon receiving the notice of default days after startingThe recorded notice of default and election to sell starts a period of not less than 3 months under NRS 107.080(2)(d) before the trustee may sell. Note the recording date, calendar the earliest possible sale, and watch for the later notice of sale setting the actual date.
Contact your servicer and apply for loss mitigation or a loan modification
As soon as possible after the notice of default days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request, and approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft.
Cure the default before the 5-day residential cutoff
No later than 5 days before the trustee's sale days after startingFor owner-occupied residential property, NRS 107.0805 lets you cure the default and stop the sale until 5 days before the sale date. Request a written cure figure from the trustee or servicer and confirm the exact amount and deadline in writing before the cutoff passes.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist Nevada homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare cure, modification, and other options before the trustee's sale date.
Respond in writing if you are served with a judicial foreclosure lawsuit
By the deadline stated on the summons days after startingAlthough uncommon in Nevada, a judicial foreclosure is filed as a lawsuit. If you are served with a summons and complaint, you must file a written response by the deadline on the summons or risk a default judgment. Attorney review of your response is available through DocDraft.
Confirm your deficiency exposure before any sale
Before agreeing to any sale, short sale, or deed in lieu days after startingUnder NRS 40.455 a lender must apply for a deficiency within 6 months of the sale, and NRS 40.459 caps it at the debt minus the greater of fair market value or the sale price. Verify the numbers before signing, because there is no post-sale redemption under Chapter 107.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the notice of default and election to sell, the notice of sale, cure quotes, and all servicer correspondence, with dates. These records fix your deadlines under NRS 107.080 and support a cure under NRS 107.0805. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your foreclosure is non-judicial or judicial | Most Nevada foreclosures are non-judicial trustee's sales under NRS 107.080, handled out of court by a trustee. Judicial foreclosure through the courts is uncommon. Knowing which type you face determines your deadlines, your cure window, and how the notice of sale reaches you. | - | As soon as you fall behind or receive any notice |
| Read the notice of default and calendar the 3-month period | The recorded notice of default and election to sell starts a period of not less than 3 months under NRS 107.080(2)(d) before the trustee may sell. Note the recording date, calendar the earliest possible sale, and watch for the later notice of sale setting the actual date. | - | Immediately upon receiving the notice of default |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request, and approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | As soon as possible after the notice of default |
| Cure the default before the 5-day residential cutoff | For owner-occupied residential property, NRS 107.0805 lets you cure the default and stop the sale until 5 days before the sale date. Request a written cure figure from the trustee or servicer and confirm the exact amount and deadline in writing before the cutoff passes. | - | No later than 5 days before the trustee's sale |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist Nevada homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare cure, modification, and other options before the trustee's sale date. | - | As early as possible in the process |
| Respond in writing if you are served with a judicial foreclosure lawsuit | Although uncommon in Nevada, a judicial foreclosure is filed as a lawsuit. If you are served with a summons and complaint, you must file a written response by the deadline on the summons or risk a default judgment. Attorney review of your response is available through DocDraft. | - | By the deadline stated on the summons |
| Confirm your deficiency exposure before any sale | Under NRS 40.455 a lender must apply for a deficiency within 6 months of the sale, and NRS 40.459 caps it at the debt minus the greater of fair market value or the sale price. Verify the numbers before signing, because there is no post-sale redemption under Chapter 107. | - | Before agreeing to any sale, short sale, or deed in lieu |
| Keep written records of every notice, payment, and communication | Save the notice of default and election to sell, the notice of sale, cure quotes, and all servicer correspondence, with dates. These records fix your deadlines under NRS 107.080 and support a cure under NRS 107.0805. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a lender uses to take and sell your home when you fall behind on the loan. In Nevada, most foreclosures are non-judicial trustee's sales conducted under a deed of trust and NRS 107.080, which confers a power of sale on the trustee, without a court case.
A non-judicial foreclosure is handled by a trustee out of court under a deed of trust's power of sale and NRS 107.080; it is the common route in Nevada. A judicial foreclosure goes through the courts as a lawsuit, is slower, and is far less common for Nevada residential mortgages.
After the lender records a notice of default and election to sell, NRS 107.080(2)(d) requires that not less than 3 months elapse before the trustee may sell. A later notice of sale is then given before the sale date, so the earliest possible sale is roughly three months out.
Yes. For an owner-occupied residential foreclosure, NRS 107.0805(1)(a) provides a cure period that expires 5 days before the date of sale. You pay the amount in default, and the sale is stopped. A general reinstatement window also applies under NRS 107.080(2)(a) after the notice of default.
No. After a non-judicial trustee's sale under NRS Chapter 107, there is no statutory right of post-sale redemption. The trustee's deed conveys title at the sale, and Chapter 107 contains no redemption right. This makes curing the default before the sale, rather than after, essential in Nevada.
Yes, but it is limited. Under NRS 40.455, the lender must apply for a deficiency within 6 months after the foreclosure sale. NRS 40.459 caps the amount at the debt minus the greater of the property's fair market value or the price the property brought at the sale.
Once the lender records a notice of default and election to sell, the 3-month period under NRS 107.080(2)(d) begins before the trustee may sell. During this time you can cure the default, and for owner-occupied residential property that cure right runs until 5 days before the sale under NRS 107.0805.
Nevada homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. Legal aid organizations help income-qualified homeowners, and the Nevada Housing Division offers resources. Acting early, well before the trustee's sale date, gives you the most options.
Other Nevada guides
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