What Is a Deed of Trust in Nevada?

Short answer: A deed of trust is the document that secures your home loan by putting the house up as security for the debt. In Nevada, the rules for deeds of trust are in NRS Chapter 107. It has three parties: you as the borrower, your lender as the beneficiary, and a neutral trustee who holds the power to sell the home if the loan is not paid. When you pay the loan off, Nevada law requires the lien to be released.

Jennifer Rodriguez is a Realtor® and Military Relocation Professional (MRP®) in Northwest Las Vegas helping military families buy with a VA loan and understand Nevada's process.

If you have bought a home in another state, you may have signed a "mortgage" at closing. In Nevada, your stack of papers may include a deed of trust instead. It does the same basic job, with one extra player. Here is what it is, who is in it, and what it means for you.

What is a deed of trust in real estate?

A deed of trust is a security document. Nevada law, at NRS 107.020, allows a transfer in trust of real property to secure payment of a debt. In plain words, you put your house in trust as security for your loan until the loan is paid.

The Consumer Financial Protection Bureau (CFPB) says the closing document that gives the lender a security interest goes by different names, and the two most common are "Mortgage" and "Deed of Trust." The CFPB's closing checklist lists it as "Mortgage (also known as the Security Instrument or Deed of Trust)."

Who are the three parties in a deed of trust?

A deed of trust has three parties. The one people do not expect is the trustee.

• The trustor or grantor. That is you, the borrower who owns the home and signs the deed of trust.
• The beneficiary. That is your lender, or whoever holds the loan later. NRS 107.015 defines the beneficiary to include its successors and anyone authorized to act for it.
• The trustee. A neutral third party named in the document. Under NRS 107.028, a Nevada trustee can be a Nevada-licensed attorney, a title insurer or title agent, a bank, or an escrow agency, among others.

NRS 107.028 also says the trustee must not be the beneficiary when using the power of sale. The trustee does not owe you a fiduciary duty, but it must act impartially and in good faith toward both you and the lender.

What is the difference between a deed of trust and a mortgage?

Both secure your loan with your home, and both let the lender take and sell the home if you do not pay. The CFPB explains that the security interest is what lets the lender foreclose if you do not pay back the money you borrowed.

The difference is the trustee and how a sale happens. In Nevada, NRS 107.080 gives the trustee a power of sale after a breach of the loan. That means the trustee can run the sale under the steps set in the statute.

For you as a buyer, the day-to-day experience is the same either way. You make your payment to your servicer, and the loan is paid off when you sell or refinance.

Is a deed of trust the same as the deed to your house?

No, and this trips up a lot of first-time buyers. The CFPB lists the deed and the mortgage, also called the deed of trust, as two separate key documents at closing, along with the promissory note.

• The deed transfers ownership of the house to you.
• The promissory note is your promise to repay the loan.
• The deed of trust secures that promise with the house.

The CFPB suggests asking your lender or closing agent to send these documents to you in advance so you can read them before you sign.

What happens under a deed of trust if you stop paying?

Nobody plans for this, but you should know the rules exist. NRS 107.080 sets the steps for a trustee's sale in Nevada:

1. The lender or trustee records a notice of default and election to sell.
2. For deeds of trust made on or after July 1, 1957, you have 35 days to cure the default, starting the day after that notice is recorded and mailed.
3. At least 3 months must pass after the notice of default is recorded before the trustee can move to sale.
4. The trustee then records a notice of sale, posts it for 20 days in a public place in the county, and publishes it once a week for 3 weeks in a local newspaper.

For owner-occupied homes, NRS 107.085 requires the notice of sale to be served at least 60 days before the sale date. If you ever fall behind, call your servicer early and get advice right away. The earlier you act, the more options you usually have.

What happens to the deed of trust when you pay off your loan?

It gets released. NRS 107.077 sets the deadlines. Within 21 calendar days after the lender gets written notice that the debt was paid, it must deliver a request to reconvey to the trustee. The trustee then has 45 calendar days after the debt is paid and that request arrives to record a reconveyance.

If a reconveyance is not recorded within 75 calendar days after payment, NRS 107.077 allows a title insurer to record a release after giving notice. A lender or trustee that fails to do its part can be liable to the homeowner for $1,000 plus attorney's fees and costs.

Common mistakes with a deed of trust

• Thinking the trustee is your agent. The trustee is neutral. It does not represent you or the lender.
• Mixing up the deed and the deed of trust. One gives you ownership. The other secures the loan.
• Not reading it before closing. Ask for your closing documents early so you are not reading them for the first time at the signing table.
• Not checking for the release after payoff. After you sell or refinance, confirm a reconveyance was recorded with the county.
• Waiting too long if you fall behind. Nevada's sale timeline has set steps. Call your servicer early.

More on buying in Nevada

• What are the steps to buying a house in Nevada?
• Do I need title insurance when buying a house?
• Can you sell a house with a mortgage still on it?

Sources

• Nevada Revised Statutes Chapter 107, Deeds of Trust: NRS 107.015, 107.020, 107.028, 107.077, 107.080, 107.085
• CFPB, What is a security interest? (last reviewed February 2, 2024)
• CFPB, Review documents before closing (last modified August 21, 2025)

Frequently asked questions

What is a deed of trust?

It is the document that secures your home loan with your house. It names you as the borrower, your lender as the beneficiary, and a neutral trustee who holds the power of sale.

Does Nevada use mortgages or deeds of trust?

NRS Chapter 107 sets Nevada's rules for deeds of trust. The CFPB notes the security document for a home loan is most commonly called either a mortgage or a deed of trust.

Who can be the trustee on a Nevada deed of trust?

NRS 107.028 allows a Nevada-licensed attorney, a title insurer or title agent, a bank, or an escrow agency, among others. The trustee cannot be the beneficiary when using the power of sale.

Is a deed of trust the same as a deed?

No. The deed transfers ownership of the house. The deed of trust secures the loan with the house.

What happens to the deed of trust when the loan is paid off?

Under NRS 107.077, the lender must send a request to reconvey within 21 calendar days after written notice the debt was paid, and the trustee must record the reconveyance within 45 calendar days.

Moving to Las Vegas and want someone to walk you through every document before closing day? That is part of how I work with every buyer. You can find me at homesbyjrod.com.

The information in this article comes from the Nevada Revised Statutes and the CFPB, checked on October 28, 2026. Laws can change, so confirm with your lender, escrow officer, or a Nevada attorney. This is general education, not legal or financial advice.