Nevada at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | A Nevada deed of trust gives the trustee a power of sale that can be used after a default, once the required notices and waiting periods have run, without a court case. A lender can instead bring a court action, in which the court may order the property sold by the sheriff (NRS 40.430). Nev. Rev. Stat. §107.080(1); §40.430 Show the source texta power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security |
| Who holds foreclosure surplus | The person conducting the foreclosure sale (the trustee in a sale under a deed of trust, the sheriff in a court-ordered sale) must distribute the proceeds in a set order: sale costs and expenses, the debt being foreclosed, junior mortgages and liens in order of priority, and then the balance to the debtor or the debtor's successor in interest. If there are conflicting claims, that person does not have to pay out the disputed portion until the claims are resolved through interpleader or otherwise. Nev. Rev. Stat. §40.462(2) Show the source textPayment of the balance of the proceeds, if any, to the debtor or the debtor's successor in interest. |
| Claim window for foreclosure surplus | NRS 40.462 does not state a deadline for the former owner to claim the balance of the proceeds. The one time limit in the section applies to junior lienholders: if the person conducting the sale sends them a written demand for proof of their claim and they do not provide it within 15 days, they give up their right to those proceeds. Nev. Rev. Stat. §40.462(3) Show the source textFailure of a claimant to provide the required proof within 15 days after the effective date of the demand waives the claimant's right to receive those proceeds. |
| Tax sale excess proceeds | Nevada is a tax deed state. The county treasurer holds tax-delinquent property as trustee for a 2-year redemption period (1 year if the property is determined to be abandoned), then receives a deed and may sell the property; the owner can still have it reconveyed by paying the taxes, costs, penalties and interest up to the third business day before the sale. After a sale the county keeps the first $300 and 10 percent of the next $10,000 of the excess proceeds and holds the rest in a separate account. A written claim must be made to the county treasurer within 1 year after the treasurer's deed is recorded; after that the money goes to the county and is not refunded. Nev. Rev. Stat. §361.610; §361.570; §361.585 Show the source textmakes a claim in writing for the excess proceeds within 1 year after the deed is recorded, the county treasurer shall pay the claim or the proper portion of the claim over to the person |
| Redemption after the sale | There is no right to redeem after a trustee's sale under a deed of trust. A court-ordered foreclosure sale is conducted in the same manner as a sale of real property on execution (NRS 40.430(4)), and NRS 21.210 lets the judgment debtor redeem within 1 year after such a sale by paying the purchase price plus 1 percent per month and certain other amounts. Nev. Rev. Stat. §107.080(5); §21.210 Show the source textEvery sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. |
| Rules for recovery companies | Nevada regulates all three kinds of recovery agreements. Foreclosure sale proceeds (NRS 40.463): the agreement must be in writing, signed by the debtor and notarized, and cannot be entered into less than 30 days after the foreclosure sale, or it is void; the fee must be reasonable, and a fee over $2,500 (not counting attorney's fees and costs) is presumed unreasonable unless a court approves it. Tax sale excess proceeds (NRS 361.610): the agreement must be written and signed, and a fee of more than 10 percent of the excess proceeds due the person is not allowed for a natural person's agreement or for anyone collecting under a power of attorney or assignment. Unclaimed property held by the State Treasurer (NRS 120A.740): an agreement is void if made within 24 months after the property is delivered to the state (except an agreement with an attorney to file a claim), and compensation is capped at 10 percent, or 20 percent if the state has held the property 5 years or more. Nev. Rev. Stat. §40.463; §361.610(11)-(12); §120A.740 Show the source textAny fee charged by a third party for services provided pursuant to an agreement entered into pursuant to this section must be reasonable. A fee that exceeds $2,500, excluding attorney's fees and costs, is presumed to be unreasonable. |
How surplus funds arise in Nevada
When a home in Nevada is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Nevada
We confirm the sale figures in the public record, identify which office in Nevada is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Nevada that program is the Nevada State Treasurer's Office, Unclaimed Property (the State Treasurer is the Administrator of Unclaimed Property under NRS 120A.025).
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Nevada law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Nevada
Nevada regulates this kind of service. Nevada regulates all three kinds of recovery agreements. Foreclosure sale proceeds (NRS 40.463): the agreement must be in writing, signed by the debtor and notarized, and cannot be entered into less than 30 days after the foreclosure sale, or it is void; the fee must be reasonable, and a fee over $2,500 (not counting attorney's fees and costs) is presumed unreasonable unless a court approves it. Tax sale excess proceeds (NRS 361.610): the agreement must be written and signed, and a fee of more than 10 percent of the excess proceeds due the person is not allowed for a natural person's agreement or for anyone collecting under a power of attorney or assignment. Unclaimed property held by the State Treasurer (NRS 120A.740): an agreement is void if made within 24 months after the property is delivered to the state (except an agreement with an attorney to file a claim), and compensation is capped at 10 percent, or 20 percent if the state has held the property 5 years or more. (Nev. Rev. Stat. §40.463; §361.610(11)-(12); §120A.740)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Nevada
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Nevada, from locating the funds to filing the claim.
The person conducting the foreclosure sale (the trustee in a sale under a deed of trust, the sheriff in a court-ordered sale) must distribute the proceeds in a set order: sale costs and expenses, the debt being foreclosed, junior mortgages and liens in order of priority, and then the balance to the debtor or the debtor's successor in interest. If there are conflicting claims, that person does not have to pay out the disputed portion until the claims are resolved through interpleader or otherwise.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.