A Notice of Default and Election to Sell is the document that starts a Nevada foreclosure. It arrives by mail, it gets recorded with the county, and for most homeowners it is the first piece of paper that makes the situation feel real. It is also widely misread. This walks through what is actually on it, line by line, and what each part tells you.
What the document is
Nevada foreclosures are usually nonjudicial, which means no lawsuit and no courtroom. The process runs on recorded documents under NRS Chapter 107, and the notice of default is the first of them. Recording it publicly is what starts the statutory clock.
It is not a court order, not an eviction notice, and not a transfer of ownership. You still own the property the day it arrives, and you still own it for some time afterward.
What is on it, and what each part means
The recording stamp
Top corner, usually. It shows the county, the recording date, and a document number. That date matters more than the date on the letter, because the statutory period runs from recording. Write it down. You can verify it independently through the county recorder rather than relying on the copy in your hand.
The deed of trust being foreclosed
The notice identifies the original deed of trust by its recording date and document number, along with the original lender and the amount. Check this against your own records. If the loan named is one you paid off, or an amount you do not recognize, that is worth raising immediately with an attorney.
The trustee
The trustee is the company conducting the foreclosure, and it is usually not your loan servicer. There is often a substitution of trustee recorded around the same time, which is a separate document naming who now holds that role. The trustee’s contact information is the address you use for reinstatement figures.
The beneficiary
The party owed the money. On older loans this is frequently not the lender you originally borrowed from, because loans get sold and servicing gets transferred. That is normal and it does not by itself indicate a problem.
The amount in default
The single most misunderstood number on the page. It is the arrears, meaning missed payments plus fees, not the full loan balance. Curing that amount within the allowed period stops the process. It also grows, because interest, late charges, and trustee fees keep accruing, so a figure printed weeks ago is not the figure you would pay today. Request a written reinstatement quote with a good-through date.
The election to sell
The clause declaring the beneficiary has elected to sell the property. This is the formal statement of intent. It does not schedule a sale. A sale gets scheduled later, by a separate recorded document called a Notice of Trustee’s Sale, which does carry a specific date, time, and location.
The danger notice and mediation information
Owner-occupied notices come with required disclosures about your rights, including information about Nevada’s Foreclosure Mediation Program, administered by Home Means Nevada. The election deadline for mediation is short and it is measured from service, so read that section first and note the date. Missing it usually means giving up the option.
What it does not mean
- It does not mean the bank owns your house. You are still the owner of record.
- It does not mean you have to move. Nobody can require you to leave on the strength of this document.
- It does not set a sale date. That comes later and separately.
- It does not erase your equity. If you sell before a trustee sale completes, what is left after the payoff is yours.
- It does not obligate you to work with anyone who contacts you. Recording makes your situation public, so expect mail and calls.
Three things worth doing this week
Pull your own record. Search your parcel at the county recorder and see everything filed against it, not just what arrived in the mail. You may find a substitution of trustee, an assignment of the deed of trust, or association liens you were not tracking.
Get a written reinstatement quote. Call the trustee, not the servicer, and ask for the amount required to cure with a good-through date. Now you know the actual number rather than a stale one.
Note the mediation deadline. If the property is your primary residence, that window is short and it is the option people most often lose by default rather than by choice.
Common questions
Is the amount in default the same as my loan balance?
No. It is the arrears, meaning the missed payments and fees required to bring the loan current. The full balance is a different and much larger number.
Does a notice of default mean a sale date is set?
No. A sale is scheduled by a separate document, the Notice of Trustee’s Sale, recorded later with a specific date, time, and place.
Can I still sell my house after a notice of default is recorded?
Yes, up until the trustee sale is completed. The loan is paid off through escrow and anything left after the payoff and liens belongs to you. The full picture is on selling a house facing foreclosure in Nevada.
Who do I contact for the payoff or reinstatement figure?
The trustee named on the notice. That is often a different company from the one you have been sending payments to.
If you want to know what selling would look like
Send us the address and the dates on your paperwork and we will pull the recorded documents, look at the payoff, and show you in writing what a sale would net you. If reinstating, mediating, or listing serves you better, we will say so. Request a cash offer here or call (702) 208-2434.
Written by Kyle Newman. Last updated August 14, 2026. Sell My House NV is a tradename of United Homes of America LLC. We are a direct home buyer, not a law firm and not a housing counseling agency, and nothing here is legal advice. Read your own recorded documents and confirm every date with the trustee, the county recorder, or your attorney.
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