Redemption and Deficiency Judgments in Nevada
Whether you can buy back your home after a foreclosure sale in Nevada, and whether the lender can sue for what's still owed.
Short answer: There is no right of redemption after a trustee's sale: the sale vests title in the buyer without equity or right of redemption. Nev. Rev. Stat. §§ 107.080(5), 40.430(4), 21.210
| Redemption after the sale | There is no right of redemption after a trustee's sale: the sale vests title in the buyer without equity or right of redemption. After a court-ordered sheriff's sale (which is conducted like an execution sale), the judgment debtor or a redemptioner may redeem within 1 year after the sale by paying the purchase price plus 1% per month, and any taxes, assessments, or prior-lien payments the buyer made, with interest. A homeowner who did not receive proper notice of a trustee's sale may sue to void the sale within the deadlines in NRS 107.080(5)–(6) (generally 30 days after the trustee's deed is recorded, or 90 days after the sale if notice was not properly given). |
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| Deficiency judgments | Allowed in many cases, with limits. The lender must apply to the court within 6 months after the foreclosure sale, and a hearing is required. The judgment cannot exceed the lesser of (a) the debt minus the property's fair market value at the time of sale, or (b) the debt minus the sale price (with an additional limit when the right to the judgment was bought from the original holder and the property was the debtor's principal residence). A financial institution may not get a deficiency judgment on a single-family home if the owner used the loan to buy the home, lived in it continuously as a principal residence, and never refinanced. |
More Nevada foreclosure & homeowner law
- How Foreclosure Works in Nevada
- HOA Liens and Foreclosure in Nevada
- Getting Your Home Back After a Tax Sale in Nevada
- All Nevada foreclosure & homeowner law rules
FAQ
Is there a right of redemption after foreclosure in Nevada?
There is no right of redemption after a trustee's sale: the sale vests title in the buyer without equity or right of redemption. After a court-ordered sheriff's sale (which is conducted like an execution sale), the judgment debtor or a redemptioner may redeem within 1 year after the sale by paying the purchase price plus 1% per month, and any taxes, assessments, or prior-lien payments the buyer made, with interest.
Can the lender come after you for the rest of the loan after foreclosure in Nevada?
Allowed in many cases, with limits. The lender must apply to the court within 6 months after the foreclosure sale, and a hearing is required. The judgment cannot exceed the lesser of (a) the debt minus the property's fair market value at the time of sale, or (b) the debt minus the sale price (with an additional limit when the right to the judgment was bought from the original holder and the property was the debtor's principal residence). A financial institution may not get a deficiency judgment on a single-family home if the owner used the loan to buy the home, lived in it continuously as a principal residence, and never refinanced.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.