Behind on your mortgage or your HOA? You have more options than you have been told — and most of them have deadlines. See where you stand →

You Decide Realty · Short Sale & Foreclosure Help Center

You have more options than you have been told.

If you are behind on a Las Vegas mortgage — or behind on HOA dues and just learned what that can cost you — you are probably reading a lot of pages written to scare you into a phone call. This is not one of them.

This is the resource center we built for our own clients: every Nevada deadline in order, the protections most homeowners never claim, the tax rule that changed on January 1, and an honest accounting of what a short sale really does and does not do. Nothing here costs you anything, and plenty of it points somewhere other than us.

Verified against primary sources · August 17, 2026

Start with the honest version

Three things almost every other short sale page in this valley gets wrong.

We went and read the statutes, the IRS publications, the Fannie Mae Servicing Guide, and FICO’s own research. Here is what we found that nobody else is telling you.

What you have been told

“Forgiven mortgage debt is tax-free on your primary residence.”

What is actually true in 2026

The federal exclusion for qualified principal residence indebtedness expired for discharges after December 31, 2025. The IRS says so in plain language in Publication 4681, and the bill to renew it is still sitting in committee. If a lender forgives $80,000 in 2026, that is $80,000 of ordinary income unless a different exclusion applies — most commonly insolvency, which many genuinely underwater sellers qualify for. This one fact should change how and when you do the deal. Read the full breakdown →

What you have been told

“A short sale protects your credit score compared to a foreclosure.”

What FICO’s own research says

“There’s no significant difference in score impact between short sale/deed-in-lieu/settlement and foreclosure.” That is FICO, not us — from its own published research, and FICO has not revisited the comparison since. Full recovery can take seven to ten years either way. What genuinely is different is how soon you can buy again — four years versus seven on conventional financing, and potentially no waiting period at all on FHA and USDA if you had no late payments in the twelve months before the sale, with VA publishing no seasoning rule of its own. That is the real advantage, and it is a much better reason to act early. See the waiting periods →

What you have been told

“Once the bank approves the short sale, you’re off the hook for the rest.”

What Nevada law actually requires

Not automatically. Under NRS 40.458, the statutory bar on a deficiency after a short sale only applies if the lender’s approval satisfies five conditions — and one of them is about what the approval letter says. It must contain a conspicuous waiver, signed by both the lender and you, stating the dollar amount being waived. Approval letters arrive every week without it. Sellers sign them and stay personally liable. The language to demand →

Two minutes · No name or email required

Where do I actually stand?

Five questions. At the end you get a plain-language read on your position under Nevada law, which deadlines are running, and what is realistically still available to you. We do not ask who you are to show you the answer.

Your options, based on your actual situation

Nothing you click is stored on our servers or sent anywhere.

If you would rather just jump in

Find yourself on this list.

The Las Vegas picture, honestly

Distress is rising. This is not 2008.

We are not going to inflate the numbers to make you panic, and we are not going to pretend nothing is happening. Here is the actual data, with the reporting period on every figure, because most sites are still quoting a 2025 headline as if it were current.

+21%

U.S. foreclosure filings, first half of 2026 vs. first half of 2025

ATTOM, Mid-Year 2026 Foreclosure Market Report

6th

Nevada’s national rank for foreclosure rate, H1 2026 — 1 in every 452 housing units

ATTOM, Mid-Year 2026

0.7%

Share of Las Vegas home sales that were short sales or foreclosures in July 2026 — down from 0.9% a year earlier

Las Vegas REALTORS, July 2026

2.1%

Nevada mortgaged homes seriously underwater, Q1 2026 — better than 39 other states

ATTOM, Q1 2026 Home Equity & Underwater Report

+46%

Increase in HOA foreclosure filings nationally, 2022 to 2025. Nevada is one of five states accounting for 85% of them.

Cotality, August 2026

1,507

Average days to complete a Nevada foreclosure, Q2 2026 — fifth longest in the country

ATTOM, Q2 2026

Two things worth sitting with

One: you will still see “Nevada leads the nation in foreclosures” on local real estate sites. That was July 2025 data. Through 2026 Nevada has ranked between second and sixth, and Las Vegas–Henderson has not appeared in any of ATTOM’s published 2026 top-metro foreclosure-rate lists. Anyone quoting the 2025 headline without a date is not reading the source.

Two: Nevada’s foreclosure pipeline runs roughly four years. The completions being reported in 2026 largely reflect defaults that began in 2022 and 2023. That cuts both ways — it means today’s numbers understate today’s stress, and it means you personally have more time than the headlines suggest. Use it.

The whole library

Everything a Nevada homeowner needs, in one place.

The Nevada Foreclosure Timeline
Every notice, every deadline, in order

The 30-day mediation window. The three-month wait. The 60-day danger notice. Why the “35 days to cure” everyone quotes is wrong for owner-occupants.

Read →
How a Short Sale Actually Works
Start to closing, with real timelines

Who approves what, why the lender pays the commission, the $6,000 second-lien ceiling, and the eight reasons these deals die.

Read →
Short Sale vs. Foreclosure vs. Deed-in-Lieu
Side by side, no spin

Credit, deficiency exposure, timeline, cost, relocation money, and how long until you can buy again. The comparison table we wish existed.

Read →
Every Option, Ranked
Including the ones that keep the house

Reinstatement, forbearance, modification, payment deferral, partial claims, mediation, selling outright, short sale, deed-in-lieu, bankruptcy.

Read →
Deficiency Judgments in Nevada
The most valuable page here

Who can come after you for the shortfall, the four conditions that protect you, the refinance trap, and the exact waiver language to demand.

Read →
HOA Foreclosure in Nevada
Super-priority liens explained

How an association can sell your home over a few thousand dollars, the hearing right that stops it, and the 60-day redemption almost nobody uses.

Read →
The 2026 Tax Consequences
Updated for the expiration

The exclusion that ended January 1, the insolvency worksheet that may save you, Form 982, and why nonrecourse status matters enormously in Nevada.

Read →
Credit & Buying Again
Verified 2026 waiting periods

What FICO actually found, how long it reports, and the Fannie, Freddie, FHA, VA and USDA waiting periods — including the one that can be zero.

Read →
Scams, Fees & Your Rights
NRS 645F and Regulation O

Advance fees are illegal in Nevada. Here are the red flags, the statutes behind them, and where to report someone.

Read →
The Document Checklist
Saves you weeks

Incomplete packages are the number one reason short sales stall. This is everything to gather, with progress that saves as you check it off.

Read →

Why us

We are advisors here, not salespeople. That matters more in this situation than any other.

A distressed homeowner is the easiest person in real estate to take advantage of. You are scared, you are embarrassed, you are on a deadline, and there is a whole industry built around that combination. So here is exactly how we work, in writing.

  1. We tell you when the answer is not a sale. If you have equity, you do not need a short sale — you need a normal listing and a check at closing. If a modification keeps you in the house, that is the better outcome and we will say so. If the right call is a bankruptcy attorney or a HUD counselor, we will hand you the number.
  2. We never charge a homeowner a fee to look at a situation. Not for a valuation, not for a records pull, not for a strategy conversation. In a completed short sale the lender pays the commission out of the sale proceeds — you bring nothing to closing for it. And in Nevada, charging an advance fee for foreclosure assistance is flatly illegal under NRS 645F.405.
  3. We read the approval letter before you sign it. The deficiency waiver, the release language, whether they are asking for a cash contribution or a promissory note. This is where short sales are actually won and lost, and it takes ten minutes.
  4. We put the second lien and the HOA on the table from day one. These are the two things that kill Las Vegas short sales at the closing table. Fannie Mae caps what a first lender will pay all subordinate lienholders at $6,000, and that cap expressly excludes HOA liens. If there is an association balance, we solve it early or we tell you it is a problem.
  5. We stamp our dates and cite our sources. Every page in this section lists what it relies on and when it was last verified. Regulations change; when they do, we rewrite the page, not just the date.

Your choice. You decide.

If you do list with us, the commission structure is yours to pick — flat fee, traditional, or hybrid — the same as every other seller we work with. In a short sale that number is subject to lender approval on the settlement statement, and we will walk you through what that means before you commit to anything.

Questions we get every week

Straight answers

Do I have to be behind on payments to do a short sale?

Not always. Fannie Mae allows a servicer to approve a short sale for a borrower who is current or fewer than 60 days delinquent if the servicer confirms 'imminent default' — a documented hardship that makes default foreseeable. Acting before you are late is often the single most valuable thing you can do, because FHA and USDA can waive the waiting period to buy again entirely when there were no late payments in the 12 months before the sale, and VA publishes no seasoning rule for a compromise sale at all.

How much does a short sale cost me out of pocket?

For the real estate commission and standard settlement costs, generally nothing — the lender approves those as deductions from the sale proceeds. There are two exceptions worth knowing about up front. Some lenders evaluate a borrower cash contribution when you have significant non-retirement reserves or a low housing-expense-to-income ratio, and a mortgage insurance company may ask for a contribution or a promissory note as its price for approving. Both are negotiable and both should be identified early, not at closing.

Will I owe the bank money after a Nevada short sale?

It depends entirely on your loan and on what the approval letter says. Nevada bars a bank or credit union from pursuing a deficiency after a short sale under NRS 40.458 — but only if the property is a single-family dwelling you owned, the loan was used to purchase it, you lived in it continuously as your principal residence, and the approval agreement contains a conspicuous, mutually signed waiver stating the dollar amount waived. Refinanced loans, HELOCs used for anything other than purchase, investment properties, and private lenders fall outside the statute. For those, the negotiated waiver is your only protection.

Is the Nevada Foreclosure Mediation Program still running?

Yes. Older articles saying it was ending are describing a 2017 sunset date that Senate Bill 490 repealed — the program was made permanent and moved to Home Means Nevada, Inc. A 2023 bill to eliminate it died in the Assembly, and the Supreme Court's Administrative Office of the Courts was still recruiting mediators for the 2026 cycle. The critical detail: an owner-occupant must elect mediation within 30 days after service of the Notice of Default.

Is the Nevada Homeowner Assistance Fund still giving out money?

No. The Nevada Affordable Housing Assistance Corporation, which administered the state's Homeowner Assistance Fund, states the fund is closed and no additional applications can be taken; federal HAF money had to be expended by September 30, 2025. Anyone telling you they can get you HAF money in 2026 — particularly for a fee — should be reported. Free HUD-approved housing counseling is still available at 800-569-4287.

Can I still do a short sale if there is already a sale date?

Often, yes. A trustee's sale date is not automatically the end. Lenders routinely postpone a scheduled sale when there is a credible offer in front of them, and for an owner-occupied Nevada home the right to reinstate by curing the arrears generally runs until five days before the sale under NRS 107.0805. What you cannot do is wait — postponements are requested and granted, not automatic, and once the sale is held title vests without any right of redemption.

Is there a sale date on your property?

Once a Nevada trustee’s sale is held, title vests in the purchaser with no right of redemption — there is no undo. But until then, an owner-occupant’s right to reinstate generally runs to five days before the sale, and a pending offer is a reason to ask for a postponement.

702-843-0044

Ken Calder · Nevada Broker B.1001776 · Speak to a licensed broker, not a call center.

Free · Confidential · No obligation

Tell us where you are. We will tell you the truth.

No judgment, no sales pitch, and no pressure to list anything. If the right answer is a loan modification, a bankruptcy attorney, or a HUD counselor instead of us, that is what we will say. We are a licensed Nevada brokerage, not a foreclosure rescue company — and we never charge a homeowner a fee to look at their situation.

We respond to distressed-property inquiries the same business day whenever possible. If a sale date is within two weeks, please call 702-843-0044 instead of waiting on email.

Got it. We will be in touch shortly. If your situation is time-sensitive, call 702-843-0044 now and reference the form you just sent.

Where this comes from

We do not publish a figure, a deadline, or a statute we have not read. Every claim above traces to one of these. If you find something here that is out of date, tell us and we will fix it and re-stamp the page.

  1. ATTOM Data Solutions — Mid-Year 2026 U.S. Foreclosure Market Report (July 16, 2026), Q1 2026 Foreclosure Market Report (April 16, 2026), January 2026 Foreclosure Market Report (Nevada’s 2nd-place month), and Q1 2026 U.S. Home Equity & Underwater Report (May 7, 2026).
  2. Las Vegas REALTORS monthly market release, July 2026, as reported by the Las Vegas Review-Journal (Aug. 14, 2026) and FOX5 Vegas (Aug. 6, 2026).
  3. Cotality — HOA liens rise as homeownership costs come due (Aug. 6, 2026).
  4. Internal Revenue Service — Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments, and Topic No. 431.
  5. FICO — Research Looks at How Mortgage Delinquencies Affect Scores, Joanne Gaskin, VP of Scores, March 24, 2011. FICO has not published updated research on this specific comparison since, so treat it as the best available evidence rather than a current measurement.
  6. Nevada Revised Statutes — Chapter 107 (Deeds of Trust), Chapter 40 (Deficiency Judgments), Chapter 116 (Common-Interest Ownership), and Chapter 645F (Foreclosure Consultants).
  7. Fannie Mae — Servicing Guide D2-3.3-01, Fannie Mae Short Sale.
  8. Nevada Affordable Housing Assistance Corporation — Homeowner Assistance Fund status.
About this page. You Decide Realty LLC is a licensed Nevada real estate brokerage (B.1003067). We are not attorneys, tax advisors, credit counselors, or a foreclosure consultant as defined by NRS 645F, and we do not charge homeowners a fee for the guidance on this site. Nothing here is legal, tax, or bankruptcy advice, and reading it does not create a client relationship. Nevada statutes, lender loss-mitigation programs, and federal tax law all change — verify anything you intend to act on with the governing authority, a Nevada-licensed attorney, or a CPA. Free help is available: HUD-approved housing counseling (800-569-4287), Legal Aid Center of Southern Nevada, and Nevada Legal Services. Last verified August 17, 2026.
☎  Call 702-843-0044 Free confidential review