REAL ESTATE / Foreclosures

Foreclosures

A foreclosure is the process whereby the lender takes possession of a mortgaged property as a result of the homeowner’s failure to make the mortgage payments. In Nevada, the lenders can foreclose in two ways:

Non-Judicial Foreclosure

This is the primary method of foreclosure in Nevada and it does not involve court action. It begins when the borrower has missed three to six months of mortgage payments. The lender records a Notice of Default (NOD) with the County Recorder’s Office and posts it on the front door of the property thus giving the borrower notice that he is in danger of losing the property. The borrower has 35 days to cure the default by paying the delinquent amount. If the borrower requests mediation, the lender is prohibited from continuing with the foreclosure.

If the borrower is unable to pay the amount specified in the NOD the lender may start the foreclosure process by recording and posting a Notice of Trustee Sale which specifies the date, time and place of the sale.

The borrower does not have a right of redemption in a non-judicial foreclosure proceeding.

Judicial Foreclosure

This type of foreclosure is handled through the court system where the lender files a civil lawsuit against the borrower with a foreclosure complaint.

The lender will then record a lis pendens (a lien on the property that gives notice of a pending foreclosure action). If the court grants a judgment allowing the lender to sell the property at auction, the Notice of Foreclosure Sale is published and posted on the property door. The Notice of Foreclosure Sale gives notice of the date, time and place of the auction.

The borrower has one year after the foreclosure sale to redeem the property and mediation may be available during this action.

There are many different ways to stop a foreclosure such as bankruptcy, mediation, modification, short sale and deed-in-lieu of foreclosure.

Call our office to schedule a free consultation to discuss your options to stopping a foreclosure.

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