Nevada § 107.085 - Restrictions on trustee’s power of sale concerning certain deeds of trust: Applicability; service of notice; scheduling of date of sale; form of notice; judicial foreclosure not prohibited; “unfair lending practice” defined

§ 107.085. Restrictions on trustee’s power of sale concerning certain deeds of trust: Applicability; service of notice; scheduling of date of sale; form of notice; judicial foreclosure not prohibited; “unfair lending practice” defined

1. With regard to a deed of trust for an estate in real property to secure the performance

of an obligation or the payment of a debt, the provisions of this section apply to

the exercise of a power of sale pursuant to NRS 107.080 only if: (a) The deed of trust becomes effective on or after October 1, 2003, and, on the date

the deed of trust is made, the deed of trust is subject to the provisions of § 152

of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(bb) , and the regulations adopted by the Board of Governors of the Federal Reserve System

pursuant thereto, including, without limitation, 12 C.F.R. § 226.32 ; or (b) The deed of trust concerns owner-occupied housing. 2. The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless: (a) In the manner required by subsection 3, not later than 60 days before the date

of the sale, the trustee causes to be served upon the grantor or the person who holds

the title of record a notice in the form described in subsection 3; and (b) If an action is filed in a court of competent jurisdiction claiming an unfair

lending practice in connection with the deed of trust, the date of the sale is not

less than 30 days after the date the most recent such action is filed. 3. The notice described in subsection 2 must be: (a) Served upon the grantor or the person who holds the title of record: (1) Except as otherwise provided in subparagraph (2), by personal service or, if personal

service cannot be timely effected, in such other manner as a court determines is reasonably

calculated to afford notice to the grantor or the person who holds the title of record;

or (2) If the deed of trust concerns owner-occupied housing: (I) By personal service; (II) If the grantor or the person who holds the title of record is absent from his

or her place of residence or from his or her usual place of business, by leaving a

copy with a person of suitable age and discretion at either place and mailing a copy

to the grantor or the person who holds the title of record at his or her place of

residence or place of business; or (III) If the place of residence or business cannot be ascertained, or a person of

suitable age or discretion cannot be found there, by posting a copy in a conspicuous

place on the trust property, delivering a copy to a person there residing if the person

can be found and mailing a copy to the grantor or the person who holds the title of

record at the place where the trust property is situated; and (b) In substantially the following form, with the applicable telephone numbers and

mailing addresses provided on the notice and, except as otherwise provided in subsection

4, a copy of the promissory note attached to the notice: NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME! Your home loan is being foreclosed. In not less than 60 days your home may be sold and you may be forced to move. For help, call: Consumer Credit Counseling __________ The Attorney General __________ The Division of Mortgage Lending __________ The Division of Financial Institutions __________ Legal Services __________ Your Lender __________ Nevada Fair Housing Center __________ 4. The trustee shall cause all social security numbers to be redacted from the copy

of the promissory note before it is attached to the notice pursuant to paragraph (b)

of subsection 3. 5. This section does not prohibit a judicial foreclosure. 6. As used in this section, “ unfair lending practice ” means an unfair lending practice described in NRS 598D.010 to 598D.150 , inclusive.