Affidavit of Mailing of Notice of Sale
(Residential Foreclosure) (NV)

Summary

This affidavit of mailing may be used in a nonjudicial foreclosure of residential property in Nevada to confirm that a copy of the notice of default and election to sell (NOD) and, if applicable, information about mediation rights were mailed to all required parties. This template contains practical guidance and drafting notes. A deed of trust is the preferred security instrument in Nevada and most residential foreclosures in Nevada are completed pursuant to a power of sale in a deed of trust. When the trustee initiates the foreclosure process, one of the first steps is to record an NOD. After recording, the trustee must mail the NOD (typically together with the substitution of trustee) to all known addresses of the borrower, the owner of the property, and any personal guarantors by regular and certified mail (or electronic transmission if the documents so provide). Within 10 days, the trustee must also mail the notice, by certified and regular mail (or electronic transmission, if authorized), to any junior lienholders, holders of recorded requests for notices, homeowners association governing the property, and if the property is a facility licensed under chapter 449 to the State Board of Health. Nev. Rev. Stat. Ann. § 107.080(3). In addition, if the property is owner-occupied, the foreclosing lender is subject to statutory mediation requirements. If the borrower has not requested voluntary mediation, the trustee must mail additional documents and notices to the borrower and/or owner related to these mediation rights. These forms can be found on the Home Means Nevada website. Finally, the trustee must obtain an affidavit of mailing from the person who mailed the NOD and, if required, the mediation documents. For further guidance, see Residential Foreclosure (NV) and Foreclosure Resource Kit (NV).