Nevada Revised Statutes

Nev. Rev. Stat. § 107.028 (2026)

Trustees: Qualifications; limitations on powers; appointment of new trustee; duties; immunity from liability for certain good faith errors; damages in certain civil actions

✓ current as of July 2026

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NRS 107.028 Trustees: Qualifications; limitations on powers; appointment of new trustee; duties; immunity from liability for certain good faith errors; damages in certain civil actions.

1. Except as otherwise provided in subsection 4, the trustee under a deed of trust must be:

(a) An attorney licensed to practice law in this State;

(b) A title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS;

(d) A domestic or foreign entity which holds a current state business license issued by the Secretary of State pursuant to chapter 76 of NRS;

(e) A person who does business under the laws of this State, the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies;

(f) A person who is appointed as a fiduciary pursuant to NRS 662.245;

(g) A person who acts as a registered agent for a domestic or foreign corporation, limited-liability company, limited partnership or limited-liability partnership;

(h) A person who acts as a trustee of a trust holding real property for the primary purpose of facilitating any transaction with respect to real estate if he or she is not regularly engaged in the business of acting as a trustee for such trusts;

(i) A person who engages in the business of a collection agency pursuant to chapter 649 of NRS; or

(j) A person who engages in the business of an escrow agency, escrow agent or escrow officer pursuant to the provisions of chapter 645A or 692A of NRS.

2. A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.

3. A trustee under a deed of trust must not:

(a) Lend its name or its corporate capacity to any person who is not qualified to be the trustee under a deed of trust pursuant to subsection 1.

(b) Act individually or in concert with any other person to circumvent the requirements of subsection 1.

4. A beneficiary of record may:

(a) Replace its trustee with another trustee; or

(b) Substitute as trustee only for the purposes of executing a substitution of trustee and a full or partial reconveyance of a deed of trust.

5. The appointment of a new trustee is not effective until the substitution of trustee is recorded in the office of the recorder of the county in which the real property is located.

6. The trustee does not have a fiduciary obligation to the grantor or any other person having an interest in the property which is subject to the deed of trust. The trustee shall act impartially and in good faith with respect to the deed of trust and shall act in accordance with the laws of this State. A rebuttable presumption that a trustee has acted impartially and in good faith exists if the trustee acts in compliance with the provisions of NRS 107.080. In performing acts required by NRS 107.080, the trustee incurs no liability for any good faith error resulting from reliance on information provided by the beneficiary regarding the nature and the amount of the default under the obligation secured by the deed of trust if the trustee corrects the good faith error not later than 20 days after discovering the error.

7. If, in an action brought by a grantor, a person who holds title of record or a beneficiary in the district court in and for the county in which the real property is located, the court finds that the trustee did not comply with this section, any other provision of this chapter or any applicable provision of chapter 106 or 205 of NRS, the court must award to the grantor, the person who holds title of record or the beneficiary:

(a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

(b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

Ê unless the court finds good cause for a different award.

(Added to NRS by 2011, 329; A 2011, 1746, 1748; 2015, 1613)

Notes of Decisions

Cited in 24 cases (15 in the last 5 years), 2012–2026 · leading case: Edelstein v. Bank of New York Mellon, 286 P.3d 249 (Nev. 2012).

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Edelstein v. Bank of New York Mellon, 286 P.3d 249 (Nev. 2012). “Thus, the borrower, or grantor, executes both the note and the deed of trust in favor of the lender, who was historically the beneficiary under both, and who names a trustee on the deed of trust “to assure the payment of the debt secured by the trust deed.”

Harlow v. MTC Fin. Inc., 865 F. Supp. 2d 1095 (D. Nev. 2012). · cites it 6× “” Nev.Rev.Stat. § 107.028(5). This amendment was effective October 1, 2011.”

Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023). · cites it 2× “In their complaint, the Wishengrads asserted claims for declaratory relief/permanent injunction, intentional infliction of emotional distress (IIED), violation of NRS 107.028(7), and slander of title. After the district court dismissed the IIED and slander of title claims,…”

6344 Legend Falls Trust v. Nat'l Default Servicing Corp. (D. Nev. 2023). · cites it 20× “See Nev. Rev. Stat. § 107.028 13 (“The trustee shall act impartially and in good faith with respect to the deed of trust and shall 14 act in accordance with the laws of this State.”

Benko Vs. Quality Loan Serv. Corp., 2019 NV 64 (Nev. 2019). · cites it 14× “As we explain within this opinion, the Legislature has since addressed the question of whether trustees who exercise a power of sale under a deed of trust pursuant to NRS Chapter 107 must be licensed pursuant to NRS Chapter 649 with the enactment of NRS 107.028 in 2011. 2011…”

White v. 5 Arch Income Fund 2, LLC (D. Nev. 2024). · cites it 14× “028, the Court’s order held that Defendant Prestige substantially complied 17 with NRS 107.”

Golden Creek Holdings, Inc. v. MTC Fin. , Inc dba Tr. Corps (D. Nev. 2025). · cites it 10× “]” Nev. Rev. Stat. § 107.028 (6). 18 To show that a trustee violated NRS 107.”

Bank of New York Mellon v. Foothills at MacDonald Ranch Master Ass'n (D. Nev. 2020). · cites it 5× “” Nev. Rev. Stat. § 107.028 (6). Rather, the trustee’s duty is to “act impartially and 10 in good faith with respect to the deed of trust and .”

White v. 5 Arch Income Fund 2, LLC (D. Nev. 2024). · cites it 5× “028 states that “[t]he appointment of a new trustee is not effective until the 5 substitution of trustee is recorded[.]” NRS 107.028(5). At the time Plaintiffs filed 6 their complaint, Prestige allegedly had not been appointed as trustee under DOT- 7 1601, so Plaintiffs claim…”

Clark v. US Bank Nat'l Ass'n (D. Nev. 2024). · cites it 4× “First, Plaintiff alleges that Defendant Western 1 Progressive, who was acting as trustee, breached its duty of good faith under NRS 107.028. 2 (SAC ¶¶ 154–62). Second, Plaintiff asserts that Defendants PHH and U.”

White v. 5 Arch Income Fund 2, LLC (D. Nev. 2023). · cites it 3× “Ninth Cause of Action against Prestige Default Services, LLC 20 Plaintiff’s ninth cause of action asserts that Prestige Default Services violated NRS 107.028 21 in the execution of the sale of the property.”

SFR Investments Pool 1, LLC v. U.S. Bank Nat'l Ass'n as Legal Title Tr. for Truman 2016 SC6 Title Trust, First Am. Tr. Servicing Solutions, LLC (D. Nev. 2020). · cites it 2× “10; (2) slander of title; (3) violation of NRS § 107.028 8 against First American; and (4) wrongful foreclosure.”

Show all 24 citing cases →

— Nev. Rev. Stat. § 107.028(2) — 1 case

Sullivan v. Wells Fargo Bank (Nev. 2013).

— Nev. Rev. Stat. § 107.028(4) — 3 cases

Graham v. Onewest Bank, Fsb (Nev. 2013).

Sullivan v. Wells Fargo Bank (Nev. 2013).

Rotondi v. Dhi Mortg. Co. (Nev. 2013).

— Nev. Rev. Stat. § 107.028(4)(b) — 2 cases

Chicago Title Of Nev., Inc. Vs. Chtd. Holdings, Inc. C/W 80116 (Nev. 2021).

— Nev. Rev. Stat. § 107.028(5) — 4 cases

Harlow v. MTC Fin. Inc., 865 F. Supp. 2d 1095 (D. Nev. 2012). “” Nev.Rev.Stat. § 107.028(5). This amendment was effective October 1, 2011.”

White v. 5 Arch Income Fund 2, LLC (D. Nev. 2023). “Ninth Cause of Action against Prestige Default Services, LLC 20 Plaintiff’s ninth cause of action asserts that Prestige Default Services violated NRS 107.028 21 in the execution of the sale of the property.”

White v. 5 Arch Income Fund 2, LLC (D. Nev. 2024). “028 states that “[t]he appointment of a new trustee is not effective until the 5 substitution of trustee is recorded[.]” NRS 107.028(5). At the time Plaintiffs filed 6 their complaint, Prestige allegedly had not been appointed as trustee under DOT- 7 1601, so Plaintiffs claim…”

White v. 5 Arch Income Fund 2, LLC (D. Nev. 2024). “028, the Court’s order held that Defendant Prestige substantially complied 17 with NRS 107.”

— Nev. Rev. Stat. § 107.028(6) — 1 case

Clark v. US Bank Nat'l Ass'n (D. Nev. 2024). “First, Plaintiff alleges that Defendant Western 1 Progressive, who was acting as trustee, breached its duty of good faith under NRS 107.028. 2 (SAC ¶¶ 154–62). Second, Plaintiff asserts that Defendants PHH and U.”

— Nev. Rev. Stat. § 107.028(7) — 1 case

Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023). “In their complaint, the Wishengrads asserted claims for declaratory relief/permanent injunction, intentional infliction of emotional distress (IIED), violation of NRS 107.028(7), and slander of title. After the district court dismissed the IIED and slander of title claims,…”

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