What is the Nevada Affidavit of Authority and why is it required?

What the Nevada Affidavit of Authority does

The Nevada Affidavit of Authority to Exercise the Power of Sale is a notarized foreclosure affidavit used in connection with a Nevada deed-of-trust power-of-sale process. In plain language, it is meant to document who has authority to move forward with the foreclosure process and what information supports that authority.

For residential foreclosure matters covered by Nevada’s power-of-sale rules, the affidavit is tied to the notice of breach and election to sell. It is not just a general statement that a borrower is in default. It is a sworn document that identifies the parties, authority, note/enforcement status, default information, and related assignment history required by Nevada foreclosure law.

Why the affidavit is required

The affidavit exists to create a sworn record before a foreclosure sale proceeds. Nevada adopted these affidavit requirements to reduce foreclosure-document abuse and require clearer information about who is enforcing the deed of trust, who holds or can enforce the debt, and what amounts are being claimed.

• It identifies the foreclosure authority. The affidavit should identify the current trustee, note holder, beneficiary of record, and servicer where required.
• It addresses note possession or enforcement authority. The signer must state the basis for possession of the note or entitlement to enforce the secured obligation.
• It documents default and reinstatement information. The affidavit includes required information about the amount in default, principal balance, fees, costs, and contact information for current amounts due.
• It supports the recorded foreclosure file. The affidavit is connected to the notice of breach and election to sell and may be reviewed for statutory compliance.

Who usually signs this affidavit?

The signer is typically a trustee, beneficiary, servicer, or authorized representative involved in the deed-of-trust foreclosure process. The notary does not decide whether the signer has legal authority. That determination should come from the document preparer, foreclosure trustee, lender, servicer, title professional, or attorney handling the matter.

At the appointment, the signer must be physically present, show acceptable identification, and be willing to sign the document in the required notarial capacity. Depending on how the affidavit is drafted, the notarization may involve a jurat, acknowledgment, or other notarial wording chosen by the document preparer.

What to have ready before booking

• The completed affidavit. The document should be fully prepared before the notary arrives, with no blank legal sections that require notary judgment.
• The signer’s valid ID. The signer must personally appear and provide acceptable government-issued identification.
• Any signer-capacity details. If the signer is acting as trustee, officer, agent, servicer representative, or attorney-in-fact, that authority should already be reflected in the prepared document.
• Recording or delivery instructions. Notarization is separate from county recording, courier delivery, legal review, or document filing unless those services are specifically arranged in advance.

How Lake Mead Mobile Notary can help

Lake Mead Mobile Notary can travel to a law office, lender office, title office, trustee office, business location, or agreed meeting location to notarize a prepared Nevada Affidavit of Authority. For this type of document, choose Foreclosure Document Notarization or Affidavit Notarization when scheduling.

If you are unsure whether the document is ready to sign, confirm with the attorney, trustee, servicer, title professional, or document preparer before the appointment. The notary can verify identity and complete the notarial certificate, but cannot correct foreclosure language or determine legal sufficiency.