What information must be included in the Nevada Affidavit of Authority?

Information required in the Nevada Affidavit of Authority

The Nevada Affidavit of Authority to Exercise the Power of Sale is not just a basic affidavit. For residential foreclosure matters governed by NRS 107.0805, the affidavit must state specific information under penalty of perjury and must be based on the affiant’s direct personal knowledge or qualifying business-record review.

The exact wording should come from the attorney, foreclosure trustee, beneficiary, servicer, title professional, or document preparer handling the foreclosure file. Lake Mead Mobile Notary can notarize the completed document, but we do not draft the affidavit or decide whether the foreclosure paperwork satisfies Nevada law.

Main information categories

Under NRS 107.0805, the affidavit generally needs to address the following categories of information:

• Current party information. The affidavit must identify the current trustee or trustee representative/assignee, current holder of the note, current beneficiary of record, and current servicer of the debt or obligation secured by the deed of trust.
• Note possession or enforcement authority. The affidavit must state whether the beneficiary, successor in interest, or trustee has actual or constructive possession of the note, or is otherwise entitled to enforce the obligation or debt secured by the deed of trust.
• Default and reinstatement information. The affidavit must address the amount required to cure the deficiency, the amount in default, principal balance, accrued interest and late charges, estimated power-of-sale fees, and contact information for the most current amounts due.
• Borrower contact phone number. The affidavit must include a local or toll-free telephone number the borrower can call to receive current amount information and a recitation of the information contained in the affidavit.
• Recorded assignment details. The affidavit must include the date, recordation number or unique designation, and name of each assignee under each recorded assignment of the deed of trust.

What the signer should have ready

• A completed affidavit. The affidavit should already contain the required party, property, note, default, contact, and assignment information before the notary arrives.
• Correct signer capacity. The document should clearly identify whether the signer is acting as trustee, beneficiary, servicer representative, authorized agent, officer, attorney-in-fact, or another approved capacity.
• Valid identification. The signer must personally appear before the notary and present acceptable identification.
• Correct notarial wording. The document preparer should decide whether the affidavit requires a jurat, acknowledgment, or other notarial certificate. The notary cannot choose legal wording for the signer.

How Lake Mead Mobile Notary can help

Lake Mead Mobile Notary can notarize a prepared Nevada Affidavit of Authority at a law office, title office, trustee office, lender office, business location, or another agreed meeting location in the Las Vegas area.

For this document, schedule Foreclosure Document Notarization. If the document is part of a general affidavit package, Affidavit Notarization may also apply.