Unfortunately, thousands Nevada residents find themselves facing foreclosure every year. Just the thought of foreclosure is enough to send anyone into a panic but getting the official notice of foreclosure can be paralyzing. If you happen to be of the many homeowners facing the prospect of losing your home to foreclosure, there are ways you can keep the bank from seizing your home.
Non-judicial Foreclosure in Nevada
Most foreclosures in Nevada are handled through the non-judicial process, which means they are resolved outside of the court.
Stages of Non-Judicial Foreclosure:
Send Notice of Foreclosure- Under Nevada law, a lender is required to send you the following notices:
Notice of default
Notice of sale.
Notice of Default and Election to Sell- When a homeowner is in default, a trustee will send a Notice of Default to the homeowner and mortgage holder.
The notice must include information about Nevada’s Mortgage Mediation Program. That program encourages homeowners and lenders to work together and come to an agreement that allows a homeowner to avoid foreclosure.
Danger Notice Sent Out- The trustee must send you danger notice 60 days before the date of sale and should include your original promissory note.
Nevada Foreclosure Laws
Nevada has foreclosure laws that differ from federal laws, and you need to understand those laws if you want to challenge the bank and win. We’ll discuss some of the pertinent laws below:
Under the Home Ownership and Equity Protection Act of 1994 (HOEPA), lenders must serve the borrower a notice no less than 60 days before the foreclosure. Reinstating the Mortgage Before the Foreclosure Sale in Nevada
You can have your loan reinstated if you can catch up on the payments you missed and can also cover the fines and fees that accumulate. You have up to five days before the sale to have your mortgage loan reinstated.
There is no right to redeem your home after a foreclosure sale in Nevada.
We covered just a few of the laws specific to Nevada, a lawyer can inform you of any laws that may apply to your case.
You have a number of options to keep your home if you are up to the challenge. Successfully challenging foreclosure is possible as long as you have an experienced lawyer on your side who understands your rights and can decide on which legal recourse will benefit you the most. Whether you apply for a mortgage modification or decide to go through the judicial foreclosure process, you need a foreclosure lawyer who understands state and federal foreclosure laws. Our team of attorneys are skilled negotiators and will take whatever steps are necessary to help you avoid foreclosure. Call and set up a consultation and learn what steps you should take to keep the bank from seizing your home. Don’t waste time, talk to a lawyer before its too late to do something about your default.