Nevada Secured Promissory Note Overview
A secured promissory note in Nevada is a loan agreement where the borrower pledges specific collateral to guarantee repayment. Nevada law governs the creation, perfection, and enforcement of security interests under the Uniform Commercial Code (UCC) as adopted by the state. The maximum interest rate for most loans in Nevada is No cap (deregulated).
No usury cap; interest rates governed entirely by contract; Nevada has deregulated lending rates. Lenders should verify that the agreed-upon interest rate complies with Nevada's usury laws before finalizing the note. Charging interest above the legal limit can result in severe penalties, including forfeiture of interest and potential civil liability.
For secured notes involving real property in Nevada, non-judicial (power of sale) and judicial foreclosure applies. Understanding your state's foreclosure process is critical because it determines the timeline, costs, and lender's rights in the event of borrower default.
No cap (deregulated)
Usury rate cap
Secretary of State
UCC filing office
Non-judicial
Foreclosure type
Limited
Deficiency judgment
Nevada Legal Requirements
Nevada has specific requirements for secured promissory notes. Here's what you need to ensure your note is enforceable under NV law:
Important: Nevada Usury Laws
Nevada's maximum interest rate is No cap (deregulated). No usury cap; interest rates governed entirely by contract; Nevada has deregulated lending rates. Exceeding the legal limit may void the interest portion of your note or result in civil penalties.
Essential Elements
- Written Agreement: The note must be in writing, signed by the borrower, and clearly state the loan terms
- Compliant Interest Rate: Must not exceed Nevada's No cap (deregulated) usury cap
- Collateral Description: Specific, identifiable description of all pledged property
- Security Agreement: Grant of security interest signed by the borrower (debtor)
- UCC-1 Filing: Filed with the Secretary of State, UCC Section for personal property collateral
- Default Provisions: Clear events of default, cure periods, and remedies including foreclosure/repossession rights
UCC Filing in Nevada
To perfect a security interest in personal property in Nevada, the lender must file a UCC-1 financing statement with the Secretary of State, UCC Section. This public filing puts other creditors on notice and establishes the lender's priority in the collateral.
Prepare the UCC-1 Form
Include the debtor's exact legal name, secured party name, and detailed collateral description
File with the Secretary of State
Submit online or by mail with the required filing fee
Monitor and Renew
UCC-1 filings last 5 years; file a continuation statement before expiration
Terminate After Payoff
File a UCC-3 termination statement when the loan is fully repaid
Nevada Foreclosure & Repossession
Nevada uses non-judicial (power of sale) and judicial foreclosure for real property collateral. For personal property (vehicles, equipment, inventory), the lender generally has the right to repossess the collateral without court action, provided it can be done without breaching the peace.
Regarding deficiency judgments in Nevada: Limited; only through judicial foreclosure for residential property. The lender must follow Nevada's specific procedures for disposing of collateral in a commercially reasonable manner, providing proper notice to the borrower before any sale.
| Aspect | Nevada Rule |
|---|---|
| Foreclosure Type | Non-judicial (power of sale) and judicial |
| Deficiency Judgment | Limited; only through judicial foreclosure for residential property |
| Statute of Limitations | 4 years (oral), 6 years (written contracts) |
| Usury Rate | No cap (deregulated) |
| UCC Filing Office | Secretary of State, UCC Section |
Sample Nevada Secured Promissory Note
Below is a preview of our Nevada-specific secured promissory note. Your customized document will include all terms compliant with NV law.
STATE OF NEVADA
SECURED PROMISSORY NOTE
Collateral-Backed Loan Agreement
LENDER (Secured Party):
Name: [Lender Name]
Address: [Nevada Address]
BORROWER (Debtor):
Name: [Borrower Name]
Address: [Nevada Address]
LOAN TERMS
Principal: $[Amount]
Interest: [Rate]% per annum (max No cap (deregulated) in NV)
Collateral: [Description]
Nevada Secured Promissory Note FAQ
Answers to common questions about secured promissory notes, UCC filings, and collateral requirements in Nevada.
Official Nevada Resources
Use these official resources to verify Nevada requirements, file UCC documents, and access state legal information.
Other Nevada Promissory Note Types
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