Current Nevada Law: Subject to Verification
This article discusses Nevada title, deed, foreclosure, property-tax and HOA law under current Nevada law as of the last reviewed date, and it is subject to change. Nevada deed-of-trust foreclosure procedures are governed primarily by NRS Chapter 107; Nevada common-interest-community (HOA) lien and foreclosure law is governed primarily by NRS Chapter 116. Statutes, deadlines, procedures and remedies change. Always verify current Nevada law and the specific facts of your situation with a qualified Nevada attorney and title professional before acting.
What Does a Deed Actually Do?
A deed is a legal instrument used to transfer an interest in real property.
Legitimate deeds are routinely recorded when property is:
- Sold
- Gifted
- Transferred into or out of a trust
- Transferred between family members
- Changed through certain estate or ownership arrangements
The recording system provides public notice of recorded property documents.
Unfortunately, criminals can try to abuse that system.
Example of Deed Fraud
Imagine you own a vacant parcel in Nevada.
You live in California.
A criminal obtains your name and property address from public records.
They create:
- False identification
- Fake email account
- Fake phone number
- Forged deed
- Fraudulent seller documents
They then try to transfer or sell your land.
You may know nothing about it until:
- A title company contacts you
- A buyer contacts you
- A tax notice changes
- You see a new deed
- Someone tries to take possession
Who May Be Particularly Vulnerable?
Fraud can happen to almost anyone.
Properties that may deserve heightened attention include:
- Vacant land
- Vacant houses
- Second homes
- Investment property
- Property owned by someone living elsewhere
- Properties owned free and clear
- Estate-owned property
None of those circumstances means fraud is occurring. They simply may make impersonation easier.
Is This the Same as Title Theft?
Title theft is a popular consumer phrase. The more useful question is what document was recorded, who signed it, and whether the transfer was authorized. That is what title and legal professionals need to investigate.
WHAT DOCUMENT WAS RECORDED, WHO SIGNED IT, AND WAS THE TRANSFER AUTHORIZED?
What Should You Do if You Suspect Deed Fraud?
- Obtain the actual recorded document.
- Preserve evidence.
- Contact a qualified real estate attorney.
- Contact your title insurer if you have applicable coverage.
- Contact appropriate governmental or law-enforcement authorities if fraud is suspected.
- Do not record random documents attempting to undo the fraudulent deed yourself.
How Lisa Helps
If the fraud is discovered while you are trying to sell a property, Lisa can help coordinate the real-estate side while the appropriate legal/title professionals resolve ownership.
Important
FREE CLARK COUNTY PROPERTY RECORDING ALERT. Clark County offers a Recording Notification Service that allows users to enroll names and/or parcel numbers and receive email notifications when matching documents are recorded. Clark County expressly states that the service is a notification tool and does not prevent a document from being recorded, and the county cautions that it cannot guarantee it will identify every document that may affect a property. That makes it useful as an early-warning resource, not a substitute for title insurance or legal help. Enroll on the official Clark County Recording Notification Service page.
