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Homestead Law

Once you purchase a home, you will likely start receiving numerous mailers stating the importance of Filing a Homestead to protect their home. For the average homeowner, all this is foreign and there is a lot of misinformation out there. Below is information from the Clark County Assessors website.

What Is Protected?

When you record a Declaration of Homestead, Nevada law protects the equity in your home up to $550,000 from general creditor claims (unpaid medical bills, bankruptcy, charge card debts, business/personal loans, accidents) but would not preclude a seizure or forced sale of your residence from general creditors if your equity exceeds the $550,000. A creditor may file suit and can record a judgment lien against any real property you own. Recording a Declaration of Homestead protects your principal residence up to the statutory maximum. For example, if the value of your home is $645,000 and you have a first mortgage of $485,000 plus a second mortgage of $10,000, the equity is $150,000.

What Is Not Protected?

The Homestead Law does not protect you against debts secured by a mortgage or deed of trust, payment of taxes, IRS lien, mechanic's lien, child support or alimony payments.

Procedure For Recording Declaration Of Homestead

  1. Complete the Homestead Declaration form. The form must be printed legibly in black ink. Text cannot extend beyond the one inch margins on all sides of the form. An additional $25.00 recording fee could be applied if the form does not meet these requirements at time of recording.
  2. Sign in the presence of a Notary Public.
  3. Take the completed document to: Clark County Recorders Office

Office Locations:

Main Office:
500 S Grand Central Pkwy.
2nd Floor
P. O. Box 551510
Las Vegas NV 89155-1510

Northwest Office:
3211 N. Tenaya Way
Suite 118
Las Vegas NV 89118

Henderson Office:
245 N Stephanie Street
Suite B
Henderson NV 89074


Contact me if you are considering buying or selling Las Vegas real estate. You will be glad you did.

...Eric

Eric Fernwood
RE/MAX CENTRAL
8400 W. Sahara Ave
Las Vegas NV 89117
Email: EricFernwood@gmail.com
Website: www.EricFernwood.com
Investment Blog: Blog
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Cell: 702-358-8884
Fax: 702-202-2020

© 2010, 2011 Eric Fernwood. All rights reserved.