CHAPTER107. Deeds of Trust  


GENERAL PROVISIONS
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 dwelling unit of cooperative housing corporation: Shares in corporation appurtenant to 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.
ADOPTION OF COVENANTS
NRS 107.030. Adoption of covenants by reference.
NRS 107.040. Adoption of covenants by reference in instrument.
NRS 107.050. Parties may enter into different or additional covenants.
ASSUMPTION FEE
NRS 107.055. Amount must be stated in instrument.
ASSIGNMENTS; SUBORDINATION AND WAIVERS AS TO PRIORITY
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.
DISCHARGE
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 deed of trust; criminal penalty.
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 penalty.
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.
DEFAULT AND SALE
NRS 107.0795. “Abandoned residential property” defined. [Effective through June 30, 2017.]
NRS 107.080. Trustee’s power of sale: Power conferred; required notices; contents of notarized affidavits; effect of sale; circumstances in which sale must be declared void; civil actions for noncompliance with certain requirements; duty to record; fees. [Effective through June 30, 2017.]
NRS 107.080. Trustee’s power of sale: Power conferred; required notices; contents of notarized affidavits; effect of sale; circumstances in which sale must be declared void; civil actions for noncompliance with certain requirements; duty to record; fees. [Effective July 1, 2017.]
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 trust agreements: 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; enrollment in mediation; election to waive mediation; adoption of rules concerning mediation; applicability. [Effective through June 30, 2017.]
NRS 107.086. Additional requirements for sale of owner-occupied housing: Notice; form; enrollment in mediation; election to waive mediation; adoption of rules concerning mediation; applicability. [Effective July 1, 2017.]
NRS 107.087. Notice of default and sale in residential foreclosure: Requirements.
NRS 107.090. Request for notice of default and sale: Recording and contents; mailing of notice; request by homeowners’ 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 107.110. Maintenance of residential property purchased at trustee’s sale.
NRS 107.120. Board of county commissioners or governing body of incorporated city may establish by ordinance registry of abandoned residential property. [Effective through June 30, 2017.]
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 with certain requirements. [Effective through June 30, 2017.]
NRS 107.140. Sale in lieu of foreclosure sale: Limitations.
STATEMENT FROM BENEFICIARY OF DEED OF TRUST
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.
ADDITIONAL REQUIREMENTS FOR FORECLOSURE OF OWNER-OCCUPIED HOUSING SECURING RESIDENTIAL MORTGAGE LOAN
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; acknowledgement of receipt required; contents of acknowledgement; 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 deed of trust.
NRS 107.560. Injunctive relief for violation; civil action to recover economic damages; award of costs and attorney’s fees to prevailing party.