1. In addition to the requirements of NRS 107.080, if the sale of property is a residential foreclosure, a copy of the notice of default and election to sell and the notice of sale must:
(a) Be posted in a conspicuous place on the property not later than:
(1) For a notice of default and election to sell, 100 days before the date of sale; or
(2) For a notice of sale, 15 days before the date of sale; and
(b) Include, without limitation:
(1) The physical address of the property; and
(2) The contact information of the trustee or the person conducting the foreclosure who is authorized to provide information relating to the foreclosure status of the property.
2. In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.
3. A separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or the grantor’s successor in interest, in actual occupation of the premises not later than 15 days before the date of sale. The separate notice must be in substantially the following form:
NOTICE TO TENANTS OF THE PROPERTY
Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.
You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.
Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.
After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.
Under the Nevada Revised Statutes eviction proceedings may begin against you after you have been given a notice to surrender.
If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.
If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes.
If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.
Under the Justice Court Rules of Civil Procedure:
(1) You will be given at least 10 days to answer a summons and complaint;
(2) If you do not file an answer, an order evicting you by default may be obtained against you;
(3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and
(4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.
4. The posting of a notice required by this section must be completed by a process server licensed pursuant to chapter 648 of NRS or any constable or sheriff of the county in which the property is located.
(Added to NRS by 2009, 2788; A 2011, 3540; 2013, 2944; 2015, 3130; 2019, 1365, 3924)
Structure Nevada Revised Statutes
NRS 107.020 - Transfers in trust of real property to secure obligations.
NRS 107.026 - Priority of certain deeds of trust over other liens.
NRS 107.029 - Trustees: Declaration of nonmonetary status; objection to declaration.
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 107.0795 - "Abandoned residential property" defined.
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 107.0865 - Mediation to negotiate loan modification.
NRS 107.087 - Notice of default and election to sell in residential foreclosure: Requirements.
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 107.140 - 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 107.230 - Proof of authorization to request statement.
NRS 107.240 - Grounds for refusal to deliver statement.
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 107.300 - 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 107.410 - "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 107.470 - 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.