Nevada Revised Statutes
Chapter 107 - Deeds of Trust
NRS 107.029 - Trustees: Declaration of nonmonetary status; objection to declaration.


1. If the trustee under a deed of trust is named in an action in which the deed of trust is the subject and the trustee has a reasonable belief that he or she has been named in the action solely in his or her capacity as trustee and not as a result of any wrongful act or omission made in the performance of his or her duties as trustee, the trustee may, at any time, file a declaration of nonmonetary status. The declaration must be served on the parties in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure and must include:
(a) The status of the trustee as trustee under the deed of trust; and
(b) The basis for the trustee’s reasonable belief that he or she has been named as a defendant in the action solely in his or her capacity as trustee and not as a result of any wrongful act or omission made in the performance of his or her duties as trustee.
2. Upon the filing of a declaration of nonmonetary status pursuant to subsection 1, the time in which the trustee is required to file an answer or any other responsive pleading is tolled until notice is given of an order granting an objection to the declaration of nonmonetary status, from which date the trustee has 30 days to file an answer or any other responsive pleading to the complaint.
3. Any party that has appeared in an action described in subsection 1 has 15 days after the date of service of the declaration of nonmonetary status to file an objection. Any objection filed pursuant to this subsection must set forth the factual basis on which the objection is based and must be served on the trustee.
4. If a timely objection is made pursuant to subsection 3, the court shall promptly examine the declaration of nonmonetary status and the objection and shall issue an order as to the validity of the objection. If the court determines the objection is valid, the trustee is required to participate in the action.
5. If no objection is raised within the 15-day period pursuant to subsection 3 or if the court determines the objection is invalid, the trustee is not required to participate any further in the action and is not subject to any money damages or attorney’s fees or costs, except that the trustee is required to respond to any discovery request as a nonparty participant and is bound by any court order relating to the deed of trust.
6. If, at any time during the proceedings under this section, the parties to the action acquire newly discovered evidence indicating the trustee should be made a participant in the action as a result of the trustee’s performance of his or her duties as trustee, the parties may file a motion to amend the pleadings pursuant to Rule 15 of the Nevada Rules of Civil Procedure.
7. For the purposes of this section, "trustee" includes any agent or employee of the trustee who performs some or all the duties of a trustee under this chapter and includes substitute trustees and agents of the beneficiary or trustee.
(Added to NRS by 2015, 1612)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 107 - Deeds of Trust

NRS 107.015 - Definitions.

NRS 107.020 - Transfers in trust of real property to secure obligations.

NRS 107.025 - Estate for years: Encumbrance by deed of trust; foreclosure by exercise of power of sale.

NRS 107.026 - Priority of certain deeds of trust over other liens.

NRS 107.027 - Lease of unit of cooperative: Ownership interest and votes in cooperative association appurtenant to proprietary lease; encumbrances.

NRS 107.028 - Trustees: Qualifications; limitations on powers; appointment of new trustee; duties; immunity from liability for certain good faith errors; damages in certain civil actions.

NRS 107.029 - Trustees: Declaration of nonmonetary status; objection to declaration.

NRS 107.030 - Adoption of covenants by reference. [Effective through December 31, 2021.] Adoption of covenants by reference. [Effective January 1, 2022.]

NRS 107.040 - Adoption of covenants by reference in instrument.

NRS 107.050 - Parties may enter into different or additional covenants.

NRS 107.055 - Amount must be stated in instrument.

NRS 107.070 - Recording of assignments of beneficial interests and instruments subordinating or waiving priority of deeds of trust.

NRS 107.071 - Request by grantor of deed of trust for certified copy of note, deed of trust and assignments.

NRS 107.073 - Marginal entries; reconveyance must be recorded if deed of trust recorded by photographic process; presentation of certificate executed by trustee or trustee’s personal representative or assignee.

NRS 107.077 - Delivery of documents by beneficiary to trustee; recording by trustee; liability for failure to deliver or record documents; requirements for release of deed of trust when reconveyance not recorded; liability for improperly recording de...

NRS 107.078 - Partial discharge: Delivery of documents by beneficiary to trustee; recording by trustee; liability for failure to deliver or record documents; requirements for partial release of deed of trust when reconveyance not recorded; criminal p...

NRS 107.079 - Reconveyance when beneficiary cannot be located or refuses to execute and deliver request for reconveyance; recording of surety bond and declaration required in certain circumstances; fees; liability of trustee for reconveyance; remedy.

NRS 107.0795 - "Abandoned residential property" defined.

NRS 107.080 - Trustee’s power of sale: Power conferred; required notices; effect of sale; circumstances in which sale must be declared void; civil actions for noncompliance with certain requirements; duty to post; duty to record; fees.

NRS 107.0805 - Trustee’s power of sale: Requirements and conditions; contents of notarized affidavits; circumstances in which sale must be declared void.

NRS 107.081 - Time and place of sale; agent holding sale not to be purchaser.

NRS 107.082 - Oral postponement of sale.

NRS 107.083 - Proceedings after purchaser refuses to pay amount bid.

NRS 107.084 - Penalty for removing or defacing notice of sale.

NRS 107.085 - Restrictions on trustee’s power of sale concerning certain deeds of trust: Applicability; service of notice; scheduling of date of sale; form of notice; judicial foreclosure not prohibited; "unfair lending practice" defined.

NRS 107.086 - Additional requirements for sale of owner-occupied housing: Notice; form; petition for mediation; election to waive mediation; adoption of rules concerning mediation; applicability.

NRS 107.0865 - Mediation to negotiate loan modification.

NRS 107.087 - Notice of default and election to sell in residential foreclosure: Requirements.

NRS 107.090 - Request for notice of default and sale: Recording and contents; mailing of notice; request by association; effect of request.

NRS 107.095 - Notice of default: Mailing to guarantor or surety of debt; effect of failure to give.

NRS 107.100 - Receiver: Appointment after filing notice of breach and election to sell.

NRS 107.120 - Board of county commissioners or governing body of incorporated city may establish by ordinance registry of abandoned residential property.

NRS 107.130 - Expedited procedure for exercise of trustee’s power of sale involving abandoned residential property; inspection of real property to determine abandonment; required notice, certification and affidavit; civil penalty for noncompliance wi...

NRS 107.140 - Sale in lieu of foreclosure sale: Limitations.

NRS 107.200 - Contents of statement regarding debt secured by deed of trust.

NRS 107.210 - Contents of statement of amount necessary to discharge debt secured by deed of trust.

NRS 107.220 - Persons authorized to request statement from beneficiary; proof of identity of successor in interest.

NRS 107.230 - Proof of authorization to request statement.

NRS 107.240 - Grounds for refusal to deliver statement.

NRS 107.250 - Reliance upon accuracy of statement and amended statement; notification of amended statement; recovery of money by beneficiary if statement is deficient.

NRS 107.260 - Copy of note or deed of trust for authorized requester.

NRS 107.270 - Address to which request for statement must be mailed.

NRS 107.280 - Debt to which information contained in statement is applicable.

NRS 107.290 - Unclear request for statement deemed to be request for amount necessary to discharge debt.

NRS 107.300 - Penalty for failure to deliver statement; bar to recovery of certain damages.

NRS 107.310 - Fee for furnishing statement.

NRS 107.311 - Applicability of NRS 107.310.

NRS 107.400 - Definitions.

NRS 107.410 - "Borrower" defined.

NRS 107.420 - "Foreclosure prevention alternative" defined.

NRS 107.430 - "Foreclosure sale" defined.

NRS 107.440 - "Mortgage servicer" defined.

NRS 107.450 - "Residential mortgage loan" defined.

NRS 107.460 - Applicability.

NRS 107.470 - Right of borrower to pursue more than one foreclosure prevention alternative.

NRS 107.480 - Restrictions on trustee’s power of sale and civil actions for foreclosure sales.

NRS 107.490 - Duties of mortgage servicer.

NRS 107.500 - Requirements before recording of notice of default and election to sell or commencing civil action for foreclosure sale: Notice; contents.

NRS 107.510 - Recording of notice of default and election to sell or commencing civil action for foreclosure sale prohibited in certain circumstances; mortgage servicer required to contact borrower; exceptions.

NRS 107.520 - Application for foreclosure prevention alternative; acknowledgment of receipt required; contents of acknowledgment; deficiencies in application.

NRS 107.530 - Effect of submitting application for foreclosure prevention alternative; offer, acceptance and rejection of foreclosure prevention alternative; denial of application; appeal; fees prohibited.

NRS 107.540 - Single point of contact required to be established by mortgage servicer for foreclosure prevention alternative; responsibilities.

NRS 107.550 - Dismissal of civil action for foreclosure sale, rescission of notice of default and election to sell or notice of sale and cancellation of pending foreclosure sale required in certain circumstances; effect on mortgagee or beneficiary of...

NRS 107.560 - Injunctive relief for violation; civil action to recover economic damages; award of costs and attorney’s fees to prevailing party.