Housing
My home is in foreclosure, or the home I rent was foreclosed
If you own the home, the Notice of Default starts a 30-day window to ask the court for mediation with your lender, and filing on time stops the sale until mediation is done. If you rent, a foreclosure sale usually does not mean you have to leave right away.
If you own the home: what to do first
1. Find the date on your Notice of Default. In Nevada most foreclosures happen
outside of court. The trustee named in your deed of trust records a Notice of Default and
Election to Sell and mails it to you by certified or registered mail (NRS 107.080). Your 30 days
to ask for mediation run from when that notice was served on you, so go by the mailing date,
not the day you opened it. If you were instead served with a court complaint for judicial
foreclosure, your petition is due by the day your answer to that complaint is due (FMR 9(2)).
2. Check that the program fits you. You qualify if you are on the loan or the
title, the house is your main home (not a timeshare), and you are behind or about to fall
behind. It does not cover a foreclosure by your homeowners' association. You are out if you
already handed the keys back or you are in an open bankruptcy case (NRS 107.086(13);
FMR 7, 11).
3. Fill out the Petition for Foreclosure Mediation Assistance. Use the forms
below. List your lender (the "beneficiary") and the trustee as respondents, both are named on
the Notice of Default. Put in the 11-digit parcel number (APN) from the notice, sign the
verification in front of a notary, fill in the Certificate of Mailing, and attach a copy of
your Notice of Default. If two owners are on the loan, either one can file.
4. File it with the District Court clerk and pay. The Eighth Judicial District
Court says foreclosure mediation papers are e-filed with the Clerk of the Court. You pay a $25
filing fee plus your $250 half of the mediation fee; the lender pays the other half
(NRS 107.086(3); FMR 1(2)). If you can't afford the $25, file a fee waiver application with it.
The Self-Help Center says the $250 cannot be waived.
5. Mail file-stamped copies the same week. Send one to your lender, one to the
trustee and one to Home Means Nevada, Inc. (its address is already printed on the Certificate of
Mailing), plus anyone else you listed, all by certified mail, return receipt requested. Keep the
receipts (NRS 107.086(3); FMR 8(3)).
6. Watch your mail and email. The trustee files an answer and pays the lender's
share. The court assigns a mediator, who sends a scheduling notice and sets a document call.
Documents are usually traded through the program's online portal, so an email address helps
(FMR 13(1), 13(11)).
7. Gather your papers early. Expect to be asked for your last two pay stubs (or
two months of profit and loss statements if self-employed), any Social Security award letter,
rental income proof, two years of tax returns, two months of bank statements, current utility
bills, a hardship letter and your latest HOA statement. Keep a copy of everything you send and
proof of how you sent it.
8. Go to the mediation. You, the lender's representative (who must have
authority to change the loan) and the mediator meet for up to 4 hours on a weekday between 8am
and 5pm unless you all agree otherwise. Options usually on the table are a loan modification or
repayment plan, a short sale, or a deed in lieu (NRS 107.086(5); FMR 15(3)-(4)). You do not have
to accept an offer that won't work for you.
Homeowner deadlines
| What | Deadline | Source |
| Servicer must mail you a notice of your options before the Notice of Default | At least 30 days before it is recorded, and at least 30 days after you default | NRS 107.500(1) |
| File your Petition for Foreclosure Mediation Assistance (or mail back the waiver form) | Within 30 days after the Notice of Default is served on you | NRS 107.086(3); FMR 8(3)(b) |
| Petition when the lender sued you (judicial foreclosure) | By the date your answer to the complaint is due | FMR 9(2) |
| If you waive or don't file | Home Means Nevada gives the trustee a "no mediation required" certificate within 60 days of your waiver or 90 days of service, whichever is first | NRS 107.086(4) |
| Lender's list of documents it wants from you | Within 5 days of the document call | FMR 13(2) |
| Your documents to the lender and mediator | Within 15 days of getting the list; 15 days for any second request; 5 days for a final clarification | FMR 13(3), (5), (6) |
| Lender's note, deed of trust, assignments and a recent appraisal or BPO to you | At least 10 days before mediation | FMR 13(7) |
| Book an interpreter | At least 21 days before mediation, through District Court staff | FMR 21(1) |
| Mediation held | Scheduled to finish within 90 days of the mediator's assignment | FMR 15(2) |
| Mediator's statement filed | Within 10 days after mediation; either side can ask the court for relief within 10 days after that | FMR 20(1)-(2) |
| Sale notice, if no deal | No sooner than 3 months after the Notice of Default was recorded; posted 20 days and published once a week for 3 weeks before the sale | NRS 107.080(2)(d), (4) |
Read 2026-10-27 from NRS chapter 107 as posted by the Nevada Legislature and the
Foreclosure Mediation Rules posted by the Eighth Judicial District Court's ADR office. A timely
petition stops any further step toward the sale until mediation is finished (NRS 107.086(3)).
If no deal is reached, the court dismisses the petition and Home Means Nevada certifies that
mediation is done within 30 days, so the trustee can go ahead (NRS 107.086(8)).
Homeowner forms
If you rent a home that is in foreclosure or was sold
1. Keep paying rent and keep your lease. Until the sale your landlord is still
your landlord. After the sale, the new owner steps into the landlord's shoes and you keep the
same rights and duties under your lease for the notice period (NRS 40.255(3)). If you stop
paying, you can be evicted like any other tenant.
2. Read every paper posted on the door, even ones addressed to "tenant". Before
the sale you must get a separate Notice to Tenants, posted and mailed at least 15 days before the
sale date. It tells you that you can end your lease and move, or stay (NRS 107.087(3)).
3. After the sale, wait for a notice of change of ownership. If you pay rent by
the month, the new owner must give you at least 60 days. If you pay by the week, you get at
least that period. The notice must say who to pay rent to, that your lease continues through
the notice period, and that not paying can lead to eviction (NRS 40.255(2), (4)). This applies to
homes of up to four units.
4. If the new owner says you have only 3 days, push back in writing. Send the
sample letter below by certified mail, return receipt requested, keep a copy, and offer to pay
rent. It helps to send it to the bank and trustee as soon as you see a foreclosure notice,
because the bank often ends up owning the house. Then call Legal Aid.
5. If you are served with a summons and complaint, answer it. Read the whole
packet for your deadline and any hearing date. File the Answer to Complaint for Unlawful
Detainer saying the new owner did not give the notice the law requires. If there is a "show
cause" hearing, you can also file an Opposition to Issuance of Temporary Writ of Restitution.
Bring your letter, mailing receipts, lease and rent receipts to court.
6. You can leave early, or make a deal. You may move out any time during the
notice period and owe the new owner nothing more, and no eviction record can be entered if you
do. You can also negotiate a new lease or a cash-for-keys payment (NRS 40.255(5)-(6)).
If you lost the home and are still living there
1. Know that the 60-day rule is for renters, not you. After the sale, the new
owner (often the lender) can give a former owner a 3-day written notice to leave (NRS 40.255(1)).
2. If you think the sale broke the law, see a lawyer right away. A lawsuit to
void a trustee's sale generally must be filed within 30 days after the trustee's deed is
recorded, with a lis pendens recorded within 5 days after that (NRS 107.080(5)).
3. Otherwise, talk to the new owner. Many will agree to a move-out date, a
short lease, or cash for keys.
4. If you are served with a summons and complaint, answer it. The new owner
has to use a "formal" court eviction, not the faster summary process. If you do nothing, the
owner can get a default order for possession and possibly money. Losing can mean paying the
owner's court costs. File the Answer to Complaint for Unlawful Detainer with a justice court
fee waiver if you can't pay the fee, and go to any show-cause hearing to raise your defenses or
ask for a little more time to move.
5. Move your things out before a lockout. If the court orders you out, get your
belongings out before the constable comes. If you can't, arrange a time with the new owner to
come back for them.
Deadlines after the sale
| What | Deadline | Source |
| Tenant notice before the sale | Posted and mailed at least 15 days before the sale | NRS 107.087(3) |
| Renter's notice of change of ownership after the sale | At least 60 days for month-to-month or longer; at least one rental period if you pay weekly | NRS 40.255(2) |
| Former owner's notice to leave | 3-day written notice to surrender | NRS 40.255(1) |
| Answer a summons and complaint for eviction | At least 10 days; the summons gives your exact date | NRS 107.087(3) |
| Earliest hearing on a temporary eviction / permanent eviction | 11 days / 20 days after you are served | NRS 107.087(3) |
| Suit to void the trustee's sale | Generally within 30 days after the trustee's deed is recorded | NRS 107.080(5) |
| Your security deposit | The new owner takes over the old landlord's duty for it; it is due back within 30 days after you move out | NRS 118A.244(1); NRS 118A.242(4) |
Read 2026-10-27 from NRS chapters 40, 107 and 118A as posted by the Nevada
Legislature. The renter protections in NRS 40.255 cover homes of four units or less and do not
apply to the former owner or to a mobile home lot in a park.
Forms after the sale
Where to go
Eighth Judicial District Court, ADR Office (Foreclosure Mediation Program) —
runs the program in Clark County. Petitions are e-filed with the Clerk of the Court.
702-671-4493.
Home Means Nevada, Inc. — the state-designated nonprofit that handles program
notices and certificates. Copies of your petition go to it.
homemnv.org.
Clark County Recorder — 500 S. Grand Central Pkwy, 2nd floor.
702-455-4336. The Notice of Default and Notice of Trustee's Sale
are public records you can look up by parcel number on the
Recorder's site.
Get the parcel number from the
Clark County Assessor.
Justice court for the township where the home is — where a post-sale eviction
case is filed and answered. Not sure which one? Use
court case lookup.
Free help
Civil Law Self-Help Center — Regional Justice Center, 200 Lewis Ave, 1st floor.
Free foreclosure mediation and eviction forms and help checking them. Staff can't give legal
advice.
Foreclosure mediation guide.
Legal Aid Center of Southern Nevada — 725 E. Charleston Blvd.
702-386-1070. Helps eligible homeowners with foreclosure,
foreclosure mediation and HOA problems, and tenants facing eviction.
Foreclosure help.
HUD-approved housing counselor — free. Your Notice of Default must list at least
one (NRS 107.086(2)). A counselor can also certify a hardship so you can ask for mediation
before a Notice of Default is filed (NRS 107.0865). Find more at
hud.gov.
Nevada Mortgage Lending Division — the state regulator for mortgage companies.
mld.nv.gov.
Good to know
- Call your servicer as early as you can. Loan modification requests can take weeks. The
Notice of Default must include contact information for someone with authority to modify your
loan (NRS 107.086(2)).
- Missed the 30 days? You and the lender can still agree in writing to enter the program
(FMR 10). Call Legal Aid right away.
- Your HOA can foreclose for unpaid dues too, and that kind of foreclosure is not covered by
the mediation program (FMR 7(2)). Don't ignore HOA letters.
- Your Notice of Default is public, so expect "save your home" offers. Many are scams. Never
pay someone up front to stop a foreclosure. The FTC's
loans and mortgages
pages explain the common ones.
- Thinking of renting a house? A landlord must tell you in writing before you rent if the
property is in foreclosure (NRS 118A.275). You can check yourself: look up the parcel number
with the Assessor, then search that number at the Recorder for a Notice of Default or Notice of
Trustee's Sale. The Self-Help Center has a
printable guide.
Only deal with the real owner or a known management company. Scammers "rent out" empty homes
they don't own.
- Your deposit: when the house is sold, the old landlord must return it or hand it to the
new owner, and either way the new owner is responsible for it (NRS 118A.244). See
My landlord has my security deposit.
- Got a regular eviction notice instead? See I got an eviction notice.