Nev. Rev. Stat. » NRS: CHAPTER 107 - DEEDS OF TRUST
Nevada Revised Statutes

Nev. Rev. Stat. § 107.090 (2026)

Request for notice of default and sale: Recording and contents; mailing of notice; request by association; effect of request

✓ current as of July 2026
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NRS 107.090  Request for notice of default and sale: Recording and contents; mailing of notice; request by association; effect of request.

      1.  A person with an interest or any other person who is or may be held liable for any debt secured by a lien on the property desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time after recordation of the deed of trust record in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of the notice of default or of sale. The request must state the name and address of the person requesting copies of the notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation, and the book and page where it is recorded.

      2.  The trustee or person authorized to record the notice of default shall, within 10 days after the notice of default is recorded and mailed pursuant to NRS 107.080, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice, addressed to:

      (a) Each person who has recorded a request for a copy of the notice; and

      (b) Each other person with an interest whose interest or claimed interest is subordinate to the deed of trust.

      3.  The trustee or person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person described in subsection 2.

      4.  An association may record in the office of the county recorder of the county in which a unit governed by the association is situated an acknowledged request for a copy of the deed upon sale of the unit pursuant to a deed of trust. A request recorded by an association must include, without limitation:

      (a) A legal description of the unit or the assessor’s parcel number of the unit;

      (b) The name and address of the association; and

      (c) A statement that the request is made by an association.

      5.  A request recorded by an association pursuant to subsection 4 regarding a unit supersedes all previous requests recorded by the association pursuant to subsection 4 regarding the unit.

      6.  If a trustee or person authorized to record a notice of default records the notice of default for a unit regarding which an association has recorded a request pursuant to subsection 4, the trustee or authorized person shall mail to the association a copy of the deed upon the sale of the unit pursuant to a deed of trust within 15 days after the trustee records the deed upon the sale of the unit.

      7.  No request recorded pursuant to the provisions of subsection 1 or 4 affects the title to real property, and failure to mail a copy of the deed upon the sale of the unit after a request is made by an association pursuant to subsection 4 does not affect the title to real property.

      (Added to NRS by 1961, 74; A 1969, 42, 95; 1989, 644, 1772; 2001, 1751; 2009, 1012; 2019, 1367)

     

Notes of Decisions
Cited in 104 cases (5 in the last 5 years), 2014–2024 · leading case: SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018).
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SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). · cites it 38× “31168(1) 's incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016). · cites it 20× “Nev. Rev. Stat. § 107.090 (4). Section 107.”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019). · cites it 9× “Bank was not entitled to notice of default because it had not requested it from the HOA and that, alternatively, Alessi & Koenig gave adequate notice, even though the notice did not reach U.”
Bourne Valley Court Trust v. Wells Fargo Bank, NA, 832 F.3d 1154 (9th Cir. 2016). · cites it 4× “That subsection provides that “[t]he provisions of NRS 107.090 apply to the foreclosure of an association’s lien as if the deed of trust were being foreclosed.”
Bank of N.Y. Mellon v. Log Cabin Manor Homeowners Ass'n, 362 F. Supp. 3d 930 (D. Nev. 2019). · cites it 22× “3116 (via incorporation of NRS § 107.090 ) is inadequate. ( See ECF No.”
Bank of Am., N.A. v. Falcon Point Ass'n, 347 F. Supp. 3d 592 (D. Nev. 2018). · cites it 10× “3116's opt-in notice scheme is facially unconstitutional, the Ninth Circuit rejected the appellant's argument that NRS § 107.090 should be read into NRS § 116.”
Carrington Mortg. Servs., LLC v. Tapestry At Town Ctr. Homeowners Ass'n, 381 F. Supp. 3d 1289 (D. Nev. 2019). · cites it 3× “Facial Unconstitutionality SFR argues that Carrington's claim that NRS Chapter 116 facially violates its constitutional due process rights is foreclosed by Nevada Supreme Court case law.”
Bank of Am. v. Arlington West Twilight Hoa, 920 F.3d 620 (9th Cir. 2019). “31168 (1) incorporates the mandatory notice requirements of Nev. Rev. Stat. § 107.090 . Id. at 1250–53.”
Christiana Trust v. K & P Homes, 288 F. Supp. 3d 1039 (D. Nev. 2017). · cites it 8× “Nev. Rev. Stat. § 107.090 (3)(b) (emphasis added).”
U.S. Bank Nat'l Ass'n v. SFR Invs. Pool 1, LLC, 376 F. Supp. 3d 1085 (D. Nev. 2019). “" 59 The panel expressly rejected the notion that NRS Chapter 116 incorporated the additional notice rules from NRS 107.090 so foreclosing HOAs "were required to provide notice to mortgage lenders even absent a request.”
Sfr Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 2018 NV 58 (Nev. 2018). · cites it 58× “31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
Sfr Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 2018 NV 58 (Nev. 2018). · cites it 58× “31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
Show all 104 citing cases →
— Nev. Rev. Stat. § 107.090(1) — 9 cases
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). “31168(1) 's incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016). “Nev. Rev. Stat. § 107.090 (4). Section 107.”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019). “Bank was not entitled to notice of default because it had not requested it from the HOA and that, alternatively, Alessi & Koenig gave adequate notice, even though the notice did not reach U.”
Sfr Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 2018 NV 58 (Nev. 2018). “31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
U.S. Bank Nat'l Ass'n Nd Vs. Resources Grp., LLC, 2019 NV 26 (Nev. 2019).
— Nev. Rev. Stat. § 107.090(2) — 9 cases
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). “31168(1) 's incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019). “Bank was not entitled to notice of default because it had not requested it from the HOA and that, alternatively, Alessi & Koenig gave adequate notice, even though the notice did not reach U.”
Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016). “Nev. Rev. Stat. § 107.090 (4). Section 107.”
Sfr Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 2018 NV 58 (Nev. 2018). “31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
Sfr Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 2018 NV 58 (Nev. 2018). “31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
— Nev. Rev. Stat. § 107.090(2013) — 2 cases
Holm Int'l. Prop.'s, LLC v. the Bank of New York Mellon (Nev. 2017).
U.S. Bank Nat'l Ass'n v. Rjrn Holdings, LLC (Nev. 2018).
— Nev. Rev. Stat. § 107.090(3) — 9 cases
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). “31168(1) 's incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019). “Bank was not entitled to notice of default because it had not requested it from the HOA and that, alternatively, Alessi & Koenig gave adequate notice, even though the notice did not reach U.”
Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016). “Nev. Rev. Stat. § 107.090 (4). Section 107.”
U.S. Bank Nat'l Ass'n Nd Vs. Resources Grp., LLC, 2019 NV 26 (Nev. 2019).
U.S. Bank, N.A. v. SFE Investments Pool 1, LLC, 124 F. Supp. 3d 1063 (D. Nev. 2015).
— Nev. Rev. Stat. § 107.090(3)(b) — 11 cases
Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016). “Nev. Rev. Stat. § 107.090 (4). Section 107.”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019). “Bank was not entitled to notice of default because it had not requested it from the HOA and that, alternatively, Alessi & Koenig gave adequate notice, even though the notice did not reach U.”
Ocwen Loan Servicing, LLC v. Corpolo Avenue Trust (D. Nev. 2023).
U.S. Bank Nat'l Ass'n Nd Vs. Resources Grp., LLC, 2019 NV 26 (Nev. 2019).
Wells Fargo Bank, Nat'l Ass'n v. Garner (D. Nev. 2019).
— Nev. Rev. Stat. § 107.090(4) — 3 cases
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). “31168(1) 's incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
Sfr Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 2018 NV 58 (Nev. 2018). “31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
Sfr Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 2018 NV 58 (Nev. 2018). “31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on…”
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