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Nevada Residential Foreclosure Form Guide
The Nevada Affidavit of Authority to Exercise the Power of Sale is a foreclosure document associated with the nonjudicial sale of qualifying residential property under a deed of trust. Current NRS 107.0805 requires the affidavit to be notarized and recorded with the notice of default and election to sell for a residential foreclosure.
The affidavit addresses the current trustee, note holder, beneficiary, servicer, authority to enforce the secured obligation, amounts and borrower-contact information, and recorded assignments. The affiant's statements must be based on the knowledge sources permitted by current Nevada law.
Lake Mead Mobile Notary can perform the notarial act shown on a completed, attorney- or foreclosure-professional-approved affidavit. We do not prepare the affidavit, review the loan or business records, determine who may foreclose, establish possession or enforceability of the note, calculate default figures, or guarantee statutory compliance or county recording.
Current Statutory Framework
Current Nevada law places the notarized affidavit requirement in NRS 107.0805 and applies it to the exercise of a power of sale for a residential foreclosure.
The beneficiary, successor in interest, or trustee causes the notice of default and election to sell and the notarized affidavit to be recorded in the county or counties where the property is located.
Do not describe the affidavit as a universal requirement for every commercial, time-share, association, tax, judicial, or other foreclosure matter. The responsible foreclosure professional must confirm which statute and document set apply.
The affiant accepts responsibility for the statements in the completed affidavit. The notary does not investigate or certify those statements.
Nevada has amended the affidavit requirements since AB 284 was enacted in 2011. A current form should be reviewed against the present statute rather than copied from an old model without legal review.
Review Nevada Revised Statutes Chapter 107 for the current deed-of-trust and foreclosure provisions.
Historical Model
The Nevada Attorney General-hosted PDF is labeled “NRS 107.080 Compliance Affidavit, Version 10/24/11.” The document itself says practitioners may develop their own version and that each affidavit's compliance is subject to evaluation by the courts.
The model cites the former NRS 107.080 affidavit provisions and reflects the information required when it was released.
The PDF expressly describes itself as a convenience for foreclosure practitioners. Its presence on a government website does not make it the required form for every current foreclosure.
Current NRS 107.0805 contains later language concerning enforceability of the secured obligation, borrower statements, contact information, business-record knowledge, and recorded assignments.
The body says the affiant is sworn, while the printed notarial certificate uses acknowledgment wording. A current approved form should identify the notarial act the recipient requires.
Affidavit Subject Matter
The affidavit is not a general statement that a foreclosure is valid. It contains specific representations about the parties, secured obligation, borrower information, and recorded chain.
The current trustee or representative, note holder, beneficiary of record, and servicer are identified with business contact information.
The affidavit addresses actual or constructive possession of the note or another lawful basis for entitlement to enforce the obligation secured by the deed of trust.
The affidavit addresses the written statement sent to the borrower or obligor concerning reinstatement, default, principal, accrued interest, late charges, estimated foreclosure fees, and current contact information.
The affidavit addresses the date, recording identifier, and named assignee for each recorded assignment of the deed of trust, using the knowledge sources permitted by current law.
The affiant's information may depend on direct personal knowledge, qualifying business records, county-recorder records, or authorized title evidence, depending on the statement.
The affiant—not the notary—assumes responsibility for the factual statements and knowledge basis stated in the affidavit.
Certificate Selection
The statute requires a notarized affidavit but does not make the 2011 model's certificate a mandatory form. The foreclosure professional or document recipient must supply the intended certificate.
The signer personally appears, establishes identity, and acknowledges that the signature and execution are voluntary. A prior signature may be acknowledged unless the document instructions require signing during the appointment.
The signer personally appears, takes an oath or affirmation, and signs in the notary's presence. A pre-signed jurat section must be addressed before the certificate is completed.
Lake Mead Mobile Notary cannot decide whether an acknowledgment, jurat, or revised attorney-drafted certificate is legally preferable for the foreclosure filing.
Lake Mead Mobile Notary requires acceptable original, current physical identification for an in-person appointment. A photograph, screenshot, scan, or photocopy is not accepted.
Affiant and Representative Capacity
The notary identifies the person who appears. The beneficiary, successor, servicer, trustee, or counsel must determine whether that person has the required knowledge, authority, and representative capacity.
Some statements may be made from the affiant's own direct knowledge of the foreclosure file and secured obligation.
Current law also permits specified knowledge acquired through a review of qualifying business records of the beneficiary, successor, or servicer.
The organization should identify the signer and prepare the title or representative-capacity language. The notary does not appoint a signer or approve internal delegation.
Questions about who may sign, which records support the statements, or how the affiant should be described belong with foreclosure counsel, the trustee, or the responsible servicing professional.
Appointment Preparation
Bring the transaction-specific affidavit supplied or approved by foreclosure counsel, the trustee, beneficiary, servicer, title company, or another authorized professional.
The signature block, representative capacity, notarial certificate, venue, and any recipient instructions should be complete and visible.
All foreclosure-party, note, debt, borrower-statement, assignment, property, and knowledge-basis information should be completed or approved before the notary arrives.
The organization should confirm the affiant's name, title, authority, and basis for making the statements before scheduling.
The affiant must personally appear with acceptable original, current physical identification for Lake Mead Mobile Notary's in-person service.
Keep counsel, the trustee, servicer, beneficiary representative, title contact, or document preparer available for questions about the certificate, signer capacity, corrections, or recording instructions.
Booking Guidance
Book only after the final affidavit, affiant, certificate, and representative capacity have been approved by the responsible foreclosure professional.
Select this for one prepared Affidavit of Authority or a related prepared foreclosure or deed-of-trust instrument requiring notarization.
Select this when two to four separate prepared foreclosure, assignment, substitution, affidavit, or deed-of-trust documents require notarization during the same meeting.
Call or text (702) 748-7444 before booking when several signers, more than four documents, scanbacks, courier delivery, title instructions, or recording coordination are involved.
Do not schedule yet when the affidavit is still being drafted, the 2011 model has not been reviewed, the affiant or knowledge basis is uncertain, or the notarial certificate and execution instructions remain unresolved.
County Recording
The county recorder reviews the submitted document for current recording requirements. Foreclosure counsel and the trustee remain responsible for the statutory filing, notice, timing, and sale process.
Current NRS 107.0805 links the affidavit to the notice of default and election to sell for a residential foreclosure.
When the trust property is situated in more than one county, counsel or the trustee should determine the required recording package for each county.
Clark County publishes requirements concerning the parcel number, recording space, legibility, names, notarial certificate, return address, attachments, and correct payment.
Recording creates a public record of the submitted instrument. The Recorder and notary do not determine the truth of the affidavit, the enforceability of the obligation, or compliance with every foreclosure requirement.
Common Questions
No. The PDF is dated October 24, 2011 and states that its use is not mandatory. Nevada's affidavit requirements have changed since then. Use a current transaction-specific affidavit approved by the responsible foreclosure professional.
NRS 107.0805 contains the current affidavit-of-authority requirements for a residential foreclosure. NRS 107.080 contains broader power-of-sale provisions and works together with other sections of Chapter 107.
Do not assume so. NRS 107.0805 addresses residential foreclosure under a deed of trust. Commercial, judicial, time-share, association, tax, and other proceedings may follow different statutes and documents.
Follow the notarial certificate on the current approved form. The 2011 Attorney General model uses acknowledgment wording even though its body describes the affiant as sworn. The notary cannot select or redesign the legal certificate for the foreclosure filing.
It depends on the certificate supplied. An acknowledgment may cover a prior signature after personal appearance. A jurat requires an oath or affirmation and an in-presence signature. Follow the current document and recipient instructions.
No. The beneficiary, successor, servicer, trustee, or counsel must decide whether the affiant has the direct or business-record knowledge required by current law. The notary verifies identity and performs the selected notarial act.
No. Notarization does not establish note possession, enforceability, beneficiary status, assignment validity, default amounts, servicing authority, or compliance with the foreclosure statutes.
No. The affidavit should be prepared through the foreclosure file by counsel, the trustee, beneficiary, servicer, title professional, or another authorized preparer. The notary cannot research or enter the legal and financial statements.
No. The standard appointment covers the requested notarial act. Courier delivery, recording fees, county submission, legal review, and confirmation of acceptance are separate unless expressly arranged.
Choose Real Estate Docs – Deeds & Disclosures when one current, prepared Affidavit of Authority is ready and the approved affiant will personally appear with acceptable identification.
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