Nevada Statutory Notices Required for California Foreclosure Consultants

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Multi-State
Control #:
US-FORECL-13
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Word; 
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Description

This form contains the notices of consumer rights required by California statutes to be given to homeowners by foreclosure consultants.

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FAQ

Nevada Judicial Foreclosure In Nevada, foreclosure is currently a non-judicial process, but foreclosing on a property usually takes several months to a couple of years. If you are behind on your mortgage or you have gotten into excessive debt trying to stay current, we can help.

In Nevada, foreclosure is currently a non-judicial process, but foreclosing on a property usually takes several months to a couple of years. If you are behind on your mortgage or you have gotten into excessive debt trying to stay current, we can help.

Washington and Nevada are both lien theory states. A century-old Nevada statute, NRS 40.050, states, A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property without a foreclosure and sale. An equally ancient

Typically, it takes about 6 months to foreclose on a Nevada property. There are cases where everything goes smoothly and that time frame may be shortened and there are situations where there are complications and the process takes longer than 6 months to complete.

In Nevada, mortgage foreclosures can take place judiciallyby going to courtor non-judicially, by having a third party (the trustee) sell the property for the lender. Most mortgage foreclosures in Nevada are non-judicial foreclosures.

Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. However, Nevada law doesn't provide a redemption period following a nonjudicial foreclosure sale.

The Nevada nonjudicial foreclosure process formally begins when the trustee records a Notice of Default and Election to Sell (NOD) in the office of the recorder in the county where the property is located, providing three months to cure the default.

California law provides for two types of foreclosure: judicial (court involvement) and nonjudicial (no court involvement; this is the most commonly utilized method). Nonjudicial foreclosures are utilized in situations where the deed of trust securing the mortgage loan includes a power-of-sale clause.

The state of Nevada is a recourse state, it allows lenders to pursue deficiency judgments - the difference between the balance owed on a mortgage loan and what the lender sells the house for at auction - within six months of the auction.

In order to legally operate as a Foreclosure Consultant in California, you must obtain a Certificate of Registration as a Mortgage Foreclosure Consultant from the Department of Justice. To do so, you must submit the following: A completed application. A copy of the contract you will use with clients.

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Nevada Statutory Notices Required for California Foreclosure Consultants