Legal Aid Center

Foreclosures

Nevada Attorney General Home Again Program

The Nevada Attorney General announces the Nevada Home Again-Homeowner Relief Program to assist homeowner who my be going through foreclosure or are struggling to pay their mortgage.

Foreclosure Resources

If you have received a Notice of Default and have elected Foreclosure Mediation or are about to receive a Notice of Default and want to know your options, we have a variety of resources that are available to you at no cost. Please call 868-1147 to set up an appointment with our foreclosure staff and click below for more details.

The Foreclosure Process

Nevada is a non-judicial foreclosure state. That means that your lender does not have to go to court to foreclose on your mortgage; they simply have to follow steps in the statute. The first flow chart below explains how the foreclosure process works.The second flow charts describes the process used when the borrower requests mediation under NRS 107.086.

Foreclosure Mediation Process

Independent Foreclosure Review

Homeowners whose primary residence was part of a foreclosure action between January 1, 2009 and December 31, 2010, and whose home loan was serviced by a participating servicer, may be eligible for an Independent Foreclosure Review.

The Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency (federal bank regulators) have required an Independent Foreclosure Review by an independent consultant to identify eligible customers who may have been financially injured due to errors, misrepresentations or other deficiencies in their foreclosure process. If the review finds that financial injury occurred, the customer may receive compensation or other remedy.

Please click here for more information.

Nevada Supreme Court Ruling--Victory for Homeowners

Great ruling for homeowners going through Foreclosure Mediation from the Nevada Supreme Court. Click here to read the opinion.

See below for programs Legal Aid Center is offering those going through foreclosure.

Concerned About Losing Your Home?

Beware!

If you are facing foreclosure, beware of scammers! Generally, you do not need to pay anyone to seek a loan modification for you. You should be very suspicious if someone knocks on your door telling you that they can save your home. You can do it yourself, or there are organizations that will do this for free. Our non-profit partner Financial Guidance Center (702-364-0344) works with homeowners to help modify their mortgages for free, regardless of income. You may also visit the Hardest Hit Funds website for information.

Be aware, that scammers monitor the recorder’s website to find out who is facing foreclosure. Then they approach the homeowner with promises of help. They make their papers look very official so be skeptical, especially if they ask for money.

Alarms should go off in your head if someone says they can save your home by transferring ownership. Don’t ever deed your house over to someone. Don’t ever sign a quitclaim deed.

What Can You Do?

Don't wait. If the process has progressed too far, it may be too late to stop foreclosure of your home.

1. Call your lender and ask for assistance. Most lenders have programs where they work with homeowners to modify loans. Start early because it may take several weeks to process a request.

2. If you do receive a notice of default, you can request mandatory mediation under NRS 107.086 which will require your lender to sit down with you and discuss modification options.

3. Be patient and understanding, because lenders are busy during this financial crisis. And always remember, that most people at the lender are just doing their jobs but will help you if they can.

4. If you are having difficulty with your lender, then seek help from Financial Guidance Center (702-364-0344).
5. The Money Matters site maintained by the Federal Trade Commission offers short, practical tips and links to helpful resources under Your Home. Topics include: mortgage payments, foreclosure rescue scams, reverse mortgages and mortgage servicing.

Making Homes Affordable (HAMP, HARP, HAFA)

If you want to know more about federal plans that aid homeowners click here. You can determine whether you might qualify or if your lender has chosen to participate.

Rental Foreclosure

ARE YOU RENTING A RESIDENCE WHICH IS BEING FORECLOSED UPON?

Effective 5/20/09, a new federal law grants you important new rights. On that day, President Obama signed the Helping Families Save Their Homes Act of 2009, S. 896, P.L. 111-22. This bill includes a nationwide 90 day pre-eviction notice requirement for tenants in foreclosed properties. Moreover, a new Nevada law, AB 140 (2009) which took effect on 10-1-09, gives you additional important protections. For more information go to Eviction Following Foreclosure on the Clark County Courts’ Civil Law Self-Help Center website.

Other resources:
http://foreclosurehelp.nv.gov/Renters_Eviction.htm

Foreclosure Evictions

May I be evicted after my home is sold at a foreclosure sale? Yes. For more information go to Eviction Following Foreclosure on the Clark County Civil Law Self-Help Center website