The Nevada Affidavit of Authority to Exercise the Power of Sale is a sworn statement required in all non-judicial foreclosure proceedings under NRS 107.080 and AB 284. This notarized affidavit certifies that the trustee, note holder, or beneficiary has actual or constructive possession of the promissory note and has authority to conduct the foreclosure sale.

Critical Requirement:

AB 284 (effective October 1, 2011) mandates that this notarized affidavit be recorded together with the Notice of Default and Election to Sell. Without a proper notarized Affidavit of Authority, the foreclosure proceedings are legally invalid and cannot proceed.

📋 Required Certifications:

• Trustee or servicer has possession of the original promissory note
• Authority to exercise the power of sale under the deed of trust
• Principal balance owed, estimated fees, and foreclosure costs
• Proper notice procedures have been followed per Nevada law
• Affiant has personal knowledge and verifies information under penalty of perjury

✅ Best Practice:

Lenders and foreclosure trustees must ensure the Affidavit of Authority is notarized and recorded simultaneously with the Notice of Default. Affidavit notarization at Henderson law offices and Las Vegas business districts can be completed same-day to meet strict foreclosure timelines.

Related Questions

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• Nevada Assignment of Deed of Trust