Right to 35 days to cure and at least 3 months before a trustee sale
Nev. Rev. Stat. § 107.080(2)(a), (2)(d)
In plain words
A Nevada trustee cannot sell until a notice of default and election to sell has been recorded and mailed, you have had 35 days to make good the missed payments (15 days in some older loans), and at least 3 months have passed since the notice was recorded. A notice of sale then follows before the auction.
Who is protected
Grantors and title holders under a Nevada deed of trust.
When it applies
- Only in Nevada.
- Only after a notice of default or once a sale date is set.
What you can do
Put the deadline on your calendar
Enter the date on your notice so Techoclaro can count the days and remind you.
Open the toolAsk for the reinstatement amount
The notice must state how much is needed to cure; ask for an update in writing.
Deadline: Within the cure period stated in the notice of default
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- After the cure period, the trustee can move to sale; no redemption after a nonjudicial sale.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawPower of sale — prerequisites
Nev. Rev. Stat. § 107.080(2)(a), (2)(d)
Exact part: (2)(a), (2)(d)
What it says: Sale is allowed only after a 35-day cure period and at least 3 months after the notice of default is recorded.
Read the official texthttps://www.leg.state.nv.us/NRS/NRS-107.html#NRS107Sec080
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to foreclosure mediation for owner-occupied homes
Nev. Rev. Stat. § 107.086(2), (3)
If you live in the home, the notice of default must tell you how to request mediation. To take part, you petition the district court within 30 days after the notice is served and pay a $25 fee (plus your share of the mediator fee). The trustee cannot sell while the mediation rules apply.
Read this rightFair-market-value cap on a deficiency judgment
Nev. Rev. Stat. § 40.459(2)
After a foreclosure sale, a court may not award a deficiency larger than the debt minus the home’s fair market value at the time of sale (or the debt minus the sale price, whichever is smaller). Some purchase-money home loans cannot have a deficiency at all.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right