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How Nevada Deeds of Trust Work
The first part of this slide show gives you
background about deeds of trust
If a borrower needs $10,000 to buy land from a seller
Seller
Land

Buyer
Borrower
(needs $10k)

If a borrower needs $10,000 to buy land from a seller
Seller
Land

Buyer
Borrower
(needs $10k)

Bank
Lender
(lender has $10k)

If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
Seller
Land

Buyer
Borrower
(needs $10k)

$10k

Bank
Lender
(lender has $10k)

If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
Seller
Land

Buyer
Borrower
(needs $10k)

$10k

Bank
Lender
(lender has $10k)

If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
The lender gives the $10,000 to the borrower to buy the land
Seller
Land

Buyer
Borrower
(needs $10k)

$10k

Bank
Lender
(lender has $10k)

If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
The lender gives the $10,000 to the borrower to buy the land
The borrower gives a $10,000 promissory note to the lender
Seller
Land

Buyer
Borrower
(needs $10k)

$10k

Bank
Lender
(lender has $10k)

Promissory
Note (IOU)

If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
The lender gives the $10,000 to the borrower to buy the land
The borrower gives a $10,000 promissory note to the lender
Seller
Land

Buyer
Borrower
(needs $10k)

$10k

Bank
Lender
(lender has $10k)

Promissory
Note (IOU)

If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
The lender gives the $10,000 to the borrower to buy the land
The borrower gives a $10,000 promissory note to the lender
The buyer gives $10,000 to the seller & seller conveys land to the buyer/borrower
Seller
$
Land
Buyer
Borrower
(needs $10k)

$10k

Bank
Lender
(lender has $10k)

Promissory
Note (IOU)

If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
The lender gives the $10,000 to the borrower to buy the land
The borrower gives a $10,000 promissory note to the lender
The buyer gives $10,000 to the seller & seller conveys land to the buyer/borrower
Seller
$
Land
Buyer
Borrower
(needs $10k)

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

If the borrower doesn’t
pay the note, the lender
must sue to get a
judgment for $10k
against the borrower,
then find assets to seize.
Seller
$
Land
Buyer
Borrower
(needs $10k)

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

If the borrower doesn’t
pay the note, the lender
must sue to get a
judgment for $10k
against the borrower,
then find assets to seize.
If the lender gets a deed
of trust against the
property as security for
the note, the lender can
foreclose on the deed of
trust, get fully paid or get
the property and apply its
fair market value against
the $10,000 that is owed.
Seller
$
Land
Buyer
Borrower
(needs $10k)

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

If the borrower doesn’t
pay the note, the lender
must sue to get a
judgment for $10k
against the borrower,
then find assets to seize.
If the lender gets a deed
of trust against the
property as security for
the note, the lender can
foreclose on the deed of
trust, get fully paid or get
the property and apply its
fair market value against
the $10,000 that is owed.

The balance of the slide show
demonstrates how deeds of trust work
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor

$10k

Bank
Lender
(lender has $10k)

Promissory
Note (IOU)

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor

$10k
Promissory
Note (IOU)

Land

Trust Deed

Bank
Lender
(lender has $10k)

Trustee

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor

$10k
Promissory
Note (IOU)

Land

Trust Deed

Bank
Lender
(lender has $10k)

Trustee

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor

$10k
Promissory
Note (IOU)

Land

Trust Deed

Bank
Lender
(lender has $10k)

Trustee

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
The lender is the beneficiary of the TD.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor

$10k
Promissory
Note (IOU)

Land

Trust Deed

Trustee

Bank
Lender
(lender has $10k)
Beneficiary of TD
The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
The lender is the beneficiary of the TD.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)
Beneficiary of TD

Land

Trust Deed

Trustee

The trustee’s obligations under
the trust deed are:

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
The lender is the beneficiary of the TD.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor

Bank
Lender
(lender has $10k)

$10k
Promissory
Note (IOU)

Beneficiary of TD

Land

Trust Deed

Trustee

The trustee’s obligations under
the trust deed are:
-If borrower pays, reconvey title
to borrower

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
The lender is the beneficiary of the TD.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

Bank
Lender
(lender has $10k)

$10k
Promissory
Note (IOU)

Beneficiary of TD

Reconvey

Trustee

The trustee’s obligations under
the trust deed are:
-If borrower pays, reconvey title
to borrower

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
The lender is the beneficiary of the TD.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

Bank
Lender
(lender has $10k)

$10k
Promissory
Note (IOU)

Beneficiary of TD

Reconvey

Trustee

The trustee’s obligations under
the trust deed are:
-If borrower pays, reconvey title
to borrower
-If Borrower defaults, give notice,
advertise and sell the property

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
The lender is the beneficiary of the TD.
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

Bank
Lender
(lender has $10k)

$10k
Promissory
Note (IOU)

Beneficiary of TD

Reconvey

Trustee

The trustee’s obligations under
the trust deed are:
-If borrower pays, reconvey title
to borrower
-If Borrower defaults, give notice,
advertise and sell the property

The borrower (also know as a grantor or
trustor) transfers the property to a trustee
with a special deed called a deed of trust
(also know as trust deed or TD). The
borrower still owns the property, but has
given the power to sell it at a foreclosure
to the trustee.
The trustee is a third party, usually a
title company, who is obligated to
follow the terms of the trust deed.
The lender is the beneficiary of the TD.

The next slides show the foreclosure time frames
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)
Reconvey

Trustee

Foreclosure time frame

Bank
Lender
(lender has $10k)
Beneficiary of TD
-If borrower pays, reconvey title to borrower
-If borrower defaults, give notice,
advertise and sell the property
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)
Reconvey

Trustee

Foreclosure time frame

Record &
Serve
Notice of
Breach
Default

Bank
Lender
(lender has $10k)
Beneficiary of TD
-If borrower pays, reconvey title to borrower
-If borrower defaults, give notice,
advertise and sell the property
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)
Reconvey

Trustee

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

Right to
cure
(pay all
expenses +
back pymts)

Bank
Lender
(lender has $10k)
Beneficiary of TD
-If borrower pays, reconvey title to borrower
-If borrower defaults, give notice,
advertise and sell the property
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)
Reconvey

Trustee

Bank
Lender
(lender has $10k)
Beneficiary of TD
-If borrower pays, reconvey title to borrower
-If borrower defaults, give notice,
advertise and sell the property

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)
Reconvey

Trustee

Bank
Lender
(lender has $10k)
Beneficiary of TD
-If borrower pays, reconvey title to borrower
-If borrower defaults, give notice,
advertise and sell the property

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)
Reconvey

Bank
Lender
(lender has $10k)
Beneficiary of TD

The land is sold on this date by the
trustee—Who will be the buyer?

Trustee

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)
Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

The lender/beneficiary?

Trustee

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)
Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

The lender/beneficiary?
Or a 3rd party buyer?

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)
Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

Or a 3rd party buyer?
If the lender wants to sue the
borrower for a deficiency, the
lender must sue within 6
months of the foreclosure

Foreclosure time frame
35
days

The lender/beneficiary?

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)
Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

If the lender wants to sue the
borrower for a deficiency, the
lender must sue within 6
months of the foreclosure

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)

6 months
Last day to
sue for
deficiency
NRS 40.455
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

How is the deficiency
calculated?

Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)

6 months
Last day to
sue for
deficiency
NRS 40.455
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

How is the deficiency
calculated?
Lesser of A or B
(per NRS 40.459)

Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)

6 months
Last day to
sue for
deficiency
NRS 40.455
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

How is the deficiency
calculated?
Lesser of A or B
(per NRS 40.459)

Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

A
Amt Owed $10,000
-FMV
$15,000

$0

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)

6 months
Last day to
sue for
deficiency
NRS 40.455
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

How is the deficiency
calculated?
Lesser of A or B
(per NRS 40.459)

Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

A
Amt Owed $10,000
-FMV
$15,000

$0

B
Amt Owed $10k
-Amt sold $ 1k
$9k

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)

6 months
Last day to
sue for
deficiency
NRS 40.455
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

How is the deficiency
calculated?
Lesser of A or B
(per NRS 40.459)

Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

A
Amt Owed $10,000
-FMV
$15,000

$0

B
Amt Owed $10k
-Amt sold $ 1k
$9k

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)

6 months
Last day to
sue for
deficiency
NRS 40.455
Seller
$
Land
Buyer
Borrower
(needs $10k)
Grantor
Trustor
Land

Trust Deed

$10k
Promissory
Note (IOU)

Bank
Lender
(lender has $10k)

How is the deficiency
calculated?
Lesser of A or B
(per NRS 40.459)

Beneficiary of TD
Credit bid
(decrease s
the amount
owed)

Reconvey

3P

Trustee

A
Amt Owed $10,000
-FMV
$15,000

B
Amt Owed $10k
-Amt sold $ 1k

$0

$9k

Lesser is $0, thus
no deficiency

Foreclosure time frame
35
days
Record &
Serve
Notice of
Breach
Default

55
days
Right to
cure
(pay all
expenses +
back pymts)

3 weeks

Notice of Sale
published 3
months (not 90
days) from
recording of the
Notice of Breach

Advertise
once a week
for 3 weeks
then hold
Foreclosure
Sale (suction)

6 months
Last day to
sue for
deficiency
NRS 40.455

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How Nevada Deeds of Trust Work

  • 1. How Nevada Deeds of Trust Work The first part of this slide show gives you background about deeds of trust
  • 2. If a borrower needs $10,000 to buy land from a seller
  • 3. Seller Land Buyer Borrower (needs $10k) If a borrower needs $10,000 to buy land from a seller
  • 4. Seller Land Buyer Borrower (needs $10k) Bank Lender (lender has $10k) If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
  • 5. Seller Land Buyer Borrower (needs $10k) $10k Bank Lender (lender has $10k) If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000
  • 6. Seller Land Buyer Borrower (needs $10k) $10k Bank Lender (lender has $10k) If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000 The lender gives the $10,000 to the borrower to buy the land
  • 7. Seller Land Buyer Borrower (needs $10k) $10k Bank Lender (lender has $10k) If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000 The lender gives the $10,000 to the borrower to buy the land The borrower gives a $10,000 promissory note to the lender
  • 8. Seller Land Buyer Borrower (needs $10k) $10k Bank Lender (lender has $10k) Promissory Note (IOU) If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000 The lender gives the $10,000 to the borrower to buy the land The borrower gives a $10,000 promissory note to the lender
  • 9. Seller Land Buyer Borrower (needs $10k) $10k Bank Lender (lender has $10k) Promissory Note (IOU) If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000 The lender gives the $10,000 to the borrower to buy the land The borrower gives a $10,000 promissory note to the lender The buyer gives $10,000 to the seller & seller conveys land to the buyer/borrower
  • 10. Seller $ Land Buyer Borrower (needs $10k) $10k Bank Lender (lender has $10k) Promissory Note (IOU) If a borrower needs $10,000 to buy land from a seller, and a lender has $10,000 The lender gives the $10,000 to the borrower to buy the land The borrower gives a $10,000 promissory note to the lender The buyer gives $10,000 to the seller & seller conveys land to the buyer/borrower
  • 11. Seller $ Land Buyer Borrower (needs $10k) $10k Promissory Note (IOU) Bank Lender (lender has $10k) If the borrower doesn’t pay the note, the lender must sue to get a judgment for $10k against the borrower, then find assets to seize.
  • 12. Seller $ Land Buyer Borrower (needs $10k) $10k Promissory Note (IOU) Bank Lender (lender has $10k) If the borrower doesn’t pay the note, the lender must sue to get a judgment for $10k against the borrower, then find assets to seize. If the lender gets a deed of trust against the property as security for the note, the lender can foreclose on the deed of trust, get fully paid or get the property and apply its fair market value against the $10,000 that is owed.
  • 13. Seller $ Land Buyer Borrower (needs $10k) $10k Promissory Note (IOU) Bank Lender (lender has $10k) If the borrower doesn’t pay the note, the lender must sue to get a judgment for $10k against the borrower, then find assets to seize. If the lender gets a deed of trust against the property as security for the note, the lender can foreclose on the deed of trust, get fully paid or get the property and apply its fair market value against the $10,000 that is owed. The balance of the slide show demonstrates how deeds of trust work
  • 14. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor $10k Bank Lender (lender has $10k) Promissory Note (IOU) The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee.
  • 15. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor $10k Promissory Note (IOU) Land Trust Deed Bank Lender (lender has $10k) Trustee The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee.
  • 16. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor $10k Promissory Note (IOU) Land Trust Deed Bank Lender (lender has $10k) Trustee The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed.
  • 17. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor $10k Promissory Note (IOU) Land Trust Deed Bank Lender (lender has $10k) Trustee The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed. The lender is the beneficiary of the TD.
  • 18. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor $10k Promissory Note (IOU) Land Trust Deed Trustee Bank Lender (lender has $10k) Beneficiary of TD The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed. The lender is the beneficiary of the TD.
  • 19. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor $10k Promissory Note (IOU) Bank Lender (lender has $10k) Beneficiary of TD Land Trust Deed Trustee The trustee’s obligations under the trust deed are: The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed. The lender is the beneficiary of the TD.
  • 20. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Bank Lender (lender has $10k) $10k Promissory Note (IOU) Beneficiary of TD Land Trust Deed Trustee The trustee’s obligations under the trust deed are: -If borrower pays, reconvey title to borrower The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed. The lender is the beneficiary of the TD.
  • 21. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed Bank Lender (lender has $10k) $10k Promissory Note (IOU) Beneficiary of TD Reconvey Trustee The trustee’s obligations under the trust deed are: -If borrower pays, reconvey title to borrower The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed. The lender is the beneficiary of the TD.
  • 22. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed Bank Lender (lender has $10k) $10k Promissory Note (IOU) Beneficiary of TD Reconvey Trustee The trustee’s obligations under the trust deed are: -If borrower pays, reconvey title to borrower -If Borrower defaults, give notice, advertise and sell the property The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed. The lender is the beneficiary of the TD.
  • 23. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed Bank Lender (lender has $10k) $10k Promissory Note (IOU) Beneficiary of TD Reconvey Trustee The trustee’s obligations under the trust deed are: -If borrower pays, reconvey title to borrower -If Borrower defaults, give notice, advertise and sell the property The borrower (also know as a grantor or trustor) transfers the property to a trustee with a special deed called a deed of trust (also know as trust deed or TD). The borrower still owns the property, but has given the power to sell it at a foreclosure to the trustee. The trustee is a third party, usually a title company, who is obligated to follow the terms of the trust deed. The lender is the beneficiary of the TD. The next slides show the foreclosure time frames
  • 24. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Reconvey Trustee Foreclosure time frame Bank Lender (lender has $10k) Beneficiary of TD -If borrower pays, reconvey title to borrower -If borrower defaults, give notice, advertise and sell the property
  • 25. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Reconvey Trustee Foreclosure time frame Record & Serve Notice of Breach Default Bank Lender (lender has $10k) Beneficiary of TD -If borrower pays, reconvey title to borrower -If borrower defaults, give notice, advertise and sell the property
  • 26. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Reconvey Trustee Foreclosure time frame 35 days Record & Serve Notice of Breach Default Right to cure (pay all expenses + back pymts) Bank Lender (lender has $10k) Beneficiary of TD -If borrower pays, reconvey title to borrower -If borrower defaults, give notice, advertise and sell the property
  • 27. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Reconvey Trustee Bank Lender (lender has $10k) Beneficiary of TD -If borrower pays, reconvey title to borrower -If borrower defaults, give notice, advertise and sell the property Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach
  • 28. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Reconvey Trustee Bank Lender (lender has $10k) Beneficiary of TD -If borrower pays, reconvey title to borrower -If borrower defaults, give notice, advertise and sell the property Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction)
  • 29. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Reconvey Bank Lender (lender has $10k) Beneficiary of TD The land is sold on this date by the trustee—Who will be the buyer? Trustee Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction)
  • 30. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey The lender/beneficiary? Trustee Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction)
  • 31. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee The lender/beneficiary? Or a 3rd party buyer? Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction)
  • 32. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) Or a 3rd party buyer? If the lender wants to sue the borrower for a deficiency, the lender must sue within 6 months of the foreclosure Foreclosure time frame 35 days The lender/beneficiary? 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction)
  • 33. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee If the lender wants to sue the borrower for a deficiency, the lender must sue within 6 months of the foreclosure Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction) 6 months Last day to sue for deficiency NRS 40.455
  • 34. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) How is the deficiency calculated? Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction) 6 months Last day to sue for deficiency NRS 40.455
  • 35. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) How is the deficiency calculated? Lesser of A or B (per NRS 40.459) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction) 6 months Last day to sue for deficiency NRS 40.455
  • 36. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) How is the deficiency calculated? Lesser of A or B (per NRS 40.459) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee A Amt Owed $10,000 -FMV $15,000 $0 Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction) 6 months Last day to sue for deficiency NRS 40.455
  • 37. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) How is the deficiency calculated? Lesser of A or B (per NRS 40.459) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee A Amt Owed $10,000 -FMV $15,000 $0 B Amt Owed $10k -Amt sold $ 1k $9k Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction) 6 months Last day to sue for deficiency NRS 40.455
  • 38. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) How is the deficiency calculated? Lesser of A or B (per NRS 40.459) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee A Amt Owed $10,000 -FMV $15,000 $0 B Amt Owed $10k -Amt sold $ 1k $9k Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction) 6 months Last day to sue for deficiency NRS 40.455
  • 39. Seller $ Land Buyer Borrower (needs $10k) Grantor Trustor Land Trust Deed $10k Promissory Note (IOU) Bank Lender (lender has $10k) How is the deficiency calculated? Lesser of A or B (per NRS 40.459) Beneficiary of TD Credit bid (decrease s the amount owed) Reconvey 3P Trustee A Amt Owed $10,000 -FMV $15,000 B Amt Owed $10k -Amt sold $ 1k $0 $9k Lesser is $0, thus no deficiency Foreclosure time frame 35 days Record & Serve Notice of Breach Default 55 days Right to cure (pay all expenses + back pymts) 3 weeks Notice of Sale published 3 months (not 90 days) from recording of the Notice of Breach Advertise once a week for 3 weeks then hold Foreclosure Sale (suction) 6 months Last day to sue for deficiency NRS 40.455