Nevada uses which security instrument?
Question & Answer
Review the question and all answer choices
Mortgages only
Mortgages are not the primary security instrument in Nevada; while a mortgage is theoretically a valid contract in Nevada, the deed of trust is overwhelmingly preferred and is the instrument used in standard lending practice because it enables non-judicial foreclosure, which is faster and less costly for lenders.
Deeds of trust
Both equally
Mortgages and deeds of trust are not used equally in Nevada; the deed of trust dominates Nevada real estate lending practice because of the procedural advantages it provides to lenders through non-judicial foreclosure, and the exam expects candidates to know that deeds of trust are the primary instrument.
Land contracts only
Land contracts (also called contracts for deed or installment sales contracts) are a seller-financing mechanism in which the seller retains legal title until the buyer completes all payments, and while they are used in some Nevada transactions, they are not the standard security instrument used by institutional lenders and do not represent Nevada's primary security instrument.
Why is this correct?
Nevada Revised Statutes (NRS) Chapter 107 governs deeds of trust and expressly authorizes the use of the deed of trust as the primary security instrument for real estate loans in the state, along with the non-judicial foreclosure process that accompanies it. The vast majority of residential and commercial real estate loans in Nevada are secured by deeds of trust, and Nevada title companies, escrow officers, and lenders routinely use this instrument as the standard. NRS 107.080 specifically outlines the notice of default and election to sell process that a trustee must follow to conduct a non-judicial foreclosure sale under a deed of trust.
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