Affidavit of Non-military Service
(Residential Foreclosure) (NV)

Summary

This affidavit of non-military service may be used in connection with a nonjudicial foreclosure of residential real property in Nevada. 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. If the borrower/owner is currently in military service, the foreclosure cannot be initiated until the beneficiary complies with the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq., which provides foreclosure protections to servicemembers and their dependents while on active duty and for a period of time afterwards. This affidavit confirms that the borrower is not currently on active duty in a military capacity. The affidavit can be based on a search of the Servicemembers Civil Relief Act website, maintained by the US Department of Defense. For guidance on the SCRA, see Servicemembers Civil Relief Act. For guidance on residential foreclosures in Nevada, see Residential Foreclosure (NV) and Foreclosure Resource Kit (NV).