deed of trust procedures short graph
DESCRIPTION
How a deed of trust worksTRANSCRIPT
Land
Buyer
Seller
$$ Bank
Lender
Promissory Note (I.O.U)
BorrowerOwner
Trust DeedLand
Trustee
Trustor
Grantor
Beneficiary
Title is conveyed to the trustee subject to the terms of the Deed
of Trust
-If Borrower pays, reconvey title to Borrower
Reconvey
-If Borrower defaults, give notice of the default,
then advertise & sell the property at auction
Buyer
Record and serve Notice of Default
35 days to cure by paying back
payments, foreclosure fees and
costs. NRS
107.080
35days
Notice of Sale cannot be published until three
months (not 90 days) from recording of the Notice of Default. NRS
107.080(4)
55days
Noticeof Sale
Advertise the Notice
of Sale once a
week for 3 successive weeks.
NRS 21.130(3)
& 107.080(4)
3 weeks
Trustees Sale
Suit to establish the deficiency must be filed
within 6 months of the Trustee's
Sale. NRS 40.455
6 months
Last day to file suit for
deficiency
DEFICIENCY JUDGMENT CALCULATION: Calculate the lesser of A or B below. NRS 40.459.
A.
Amount owed $100K
-Fair Market Value -$75K
$25K
B. Amount owed $100K - Amount Sold -$100K
$0