Nevada non-judicial foreclosure (NRS Chapter 107): after the federal 120-day waiting period, the lender records a Notice of Default and Election to Sell (NOD) with the Clark County Recorder. Nevada law requires at least 90 days from NOD recording before the trustee’s sale. No post-sale redemption period. Las Vegas adds a second foreclosure risk that most homeowners miss: the HOA super-lien under NRS § 116.3116 — nine months of unpaid HOA assessments are superior to the first mortgage and can extinguish it if the HOA forecloses first.
Las Vegas is one of the most foreclosure-active markets in the country, and the HOA super-lien makes the Las Vegas foreclosure landscape uniquely complex. If you are behind on your Las Vegas mortgage — and especially if you are also behind on HOA dues — this guide explains every option clearly.
Nevada Non-Judicial Foreclosure: The NRS Chapter 107 Process
Nevada uses a deed of trust with power of sale under NRS Chapter 107.
Step 1: Federal 120-day pre-filing waiting period. Federal law requires servicers to wait 120 days from the first missed payment before initiating formal foreclosure. This is the most important window for loss mitigation.
Step 2: Record Notice of Default and Election to Sell (NOD). After the federal waiting period, the trustee records a NOD with the Clark County Recorder. Nevada requires the trustee to mail the NOD to the borrower, all persons with an interest in the property (including junior lienholders and HOAs), and the occupant within 10 days of recording.
Step 3: 90-day waiting period. Nevada law (NRS § 107.080) requires at least 90 days from the NOD recording date before the trustee’s sale can be held. During this period, the borrower can pay all arrears plus costs and fees to reinstate the loan and stop the foreclosure.
Step 4: Notice of Trustee’s Sale. After the 90-day period, the trustee records and publishes the Notice of Trustee’s Sale, setting the sale date. The notice must be published once a week for 3 consecutive weeks in a Clark County newspaper.
Step 5: Trustee’s sale. Held at the designated location. Third-party buyers bid with cashier’s checks. Lender credit bids for loan balance plus costs.
Step 6: No post-sale redemption. Nevada provides no right of redemption after a non-judicial trustee’s sale on owner-occupied residential property. Ownership transfers permanently upon recording of the trustee’s deed.
Total timeline from first missed payment: 120 days (federal) + 90 days (NOD) + publication/scheduling ≈ 7 to 8 months total.
The HOA Super-Lien: Las Vegas’s Unique Foreclosure Complication
This is the most important Las Vegas-specific fact in this guide:
NRS § 116.3116 — Nevada HOA super-priority lien. Nevada law gives homeowners’ associations a lien for unpaid assessments that is superior to (takes priority over) the first deed of trust for 9 months of assessments. This means:
- If you stop paying HOA dues, the HOA files a lien
- The HOA can initiate its own foreclosure on this lien under NRS Chapter 116
- If the HOA trustee’s sale occurs before the mortgage lender’s trustee’s sale, the HOA can sell the property free and clear of the first mortgage
- The first mortgage lender’s lien is extinguished
Why this matters in Las Vegas: Approximately 80% of Clark County residential properties are in HOA communities. A Las Vegas homeowner who is struggling financially typically stops paying both mortgage and HOA simultaneously. The HOA acts faster — monthly assessments accumulate, and HOAs have less loss mitigation bureaucracy than mortgage servicers.
The 9-month trigger: After 9 months of unpaid assessments, the HOA’s super-priority lien is fully established. Once the HOA forecloses, the mortgage lender’s claim against the property is eliminated — but the lender can still sue the borrower personally on the note.
What to do: If you are behind on both mortgage and HOA dues, contact us immediately. A cash sale that closes before either trustee’s sale pays off both the mortgage and the HOA lien simultaneously, preserving any remaining equity.
Nevada Anti-Deficiency Protection
Nevada’s anti-deficiency statutes (NRS § 40.455 et seq.) limit deficiency claims after trustee’s sales:
For purchase-money deeds of trust: On a single-family dwelling, after a trustee’s sale, the lender’s total recovery is limited to the property value at the time of sale. The lender cannot sue for the difference between the loan balance and the fair market value if the property value exceeded the sale price. The lender must file any deficiency action within 6 months of the trustee’s sale.
For refinance loans: The anti-deficiency protection under Nevada law may be more limited. Consult a Nevada attorney on your specific loan type.
Your Las Vegas Options
Option 1: Loss Mitigation During the 120-Day Federal Window
Contact your mortgage servicer. Request SPOC (Single Point of Contact). Nevada does not have a mandatory mediation program for residential foreclosures (Nevada’s Foreclosure Mediation Program was discontinued in 2017 for new filings).
NAHAC: Nevada Affordable Housing Assistance Corporation (nahac.com) provides foreclosure prevention counseling.
Option 2: Pay HOA Arrears to Prevent HOA Super-Lien Foreclosure
If your primary risk is the HOA super-lien, paying the HOA arrears (or arranging a payment plan with the HOA) takes the HOA foreclosure off the table and lets you focus on the mortgage.
Option 3: Sell Before Either Trustee’s Sale
A cash sale that closes before either the mortgage lender’s or the HOA’s trustee’s sale pays off both obligations from proceeds. Any remaining equity goes to you. With 7 to 8 months from the first missed payment to the typical Las Vegas trustee’s sale, a traditional listing may work if you list immediately after receiving the NOD. A cash sale (7 to 14 days) is safer when the timeline is tight.
Option 4: Chapter 13 Bankruptcy
Filing Chapter 13 triggers an automatic stay on both the mortgage lender’s and the HOA’s foreclosure. Nevada’s homestead exemption (NRS § 21.090) provides $605,000 in equity protection in Chapter 7 (as of 2023 Nevada exemption amounts; verify current figures). Chapter 13 allows cure of both mortgage arrears and HOA arrears over 3 to 5 years. Consult a Las Vegas bankruptcy attorney.
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For the full overview of Las Vegas fast-sale options, see: Sell My House Fast Las Vegas NV: Every Real Option in 2026
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