What is a notice of default?
A notice of default is the public record that a borrower has fallen behind on a home loan secured by a deed of trust. The trustee records it with the county, and it starts the clock toward a trustee sale in states like Nevada and Utah. It is often the first public sign of a pre-foreclosure.
Updated November 2026. A plain-language definition, not legal advice.
How it works
Under federal rules, a mortgage servicer generally can't make the first notice or filing for foreclosure until the borrower is more than 120 days behind. After that, in a deed of trust state, the trustee records a notice of default with the county recorder.
The notice names the property, the borrower and the loan, and it opens a cure window set by state law. If the borrower catches up, sells or works out a loan change in that window, the foreclosure stops. If not, the trustee can move on to a notice of trustee sale.
Because it is recorded, anyone can find it in county records. In Clark County, Nevada, the recorder logged 218 notices of default in September 2026, a count that may include some HOA notices.
How it differs by state
Foreclosure rules are set by each state. Here is how it works in the three states we cover most closely.
Nevada
Non-judicial
The servicer mails a notice with the amount needed to cure at least 30 days before the notice of default. The recorded notice gives three months to cure, and for a home it is posted on the property at least 100 days before the sale.
Foreclosure in NevadaUtah
Non-judicial
The lender first sends a pre-foreclosure notice with at least 30 days to cure. The trustee then records the notice of default, and three months must pass before the notice of sale.
Foreclosure in UtahTexas
Non-judicial
For a primary residence, the notice of default is a letter sent by certified mail with at least 20 days to cure. It is not the main public record; the first public filing is usually the notice of sale.
Foreclosure in TexasWhat to watch
Not every notice of default ends in a sale. Many owners reinstate, sell or get a loan modification first.
In Nevada, homeowner associations can also start foreclosures, so some default counts include HOA notices.
If you contact owners, be respectful and never ask for upfront fees. The CFPB lists upfront fees and requests to sign over title as scam warning signs.
Questions people ask
What is a notice of default?
A notice of default is the public record that a borrower has fallen behind on a home loan secured by a deed of trust. The trustee records it with the county, and it starts the clock toward a trustee sale in states like Nevada and Utah. It is often the first public sign of a pre-foreclosure.
Is a notice of default public record?
Yes, in states that use it as a recorded step, such as Nevada and Utah, the notice of default is recorded with the county recorder, so anyone can look it up. In Texas the notice of default is a letter to the borrower, and the first public filing is usually the notice of sale.
Related terms
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