Nev. Admin. Code § 645B.215

Current through August 29, 2024
Section 645B.215 - Disclosures to purchaser of note secured by deed of trust; retention of documents
1. Before a person purchases an existing note secured by a deed of trust or an interest therein for which a licensed mortgage company is acting as a broker or as an investor selling his or her interest, the mortgage company must provide to the purchaser, unless specifically waived in writing by that person:
(a) A copy of the promissory note;
(b) A record of the history of payments on the note or a document signed by the seller and borrower stating the existing balance of the note;
(c) The policy of title insurance for the original beneficiaries of the note; and
(d) The original appraisal or any other independent assessment of the value of the mortgaged property securing the note, if available.
2. A mortgage company shall retain a copy of the materials provided to the purchaser pursuant to subsection 1.
3. If the purchase is made, the mortgage company shall retain in his or her files the original or a copy and provide to the purchaser, respectively, the copy or original of the following documents:
(a) The promissory note and the assignment of the note.
(b) The recorded deed of trust and recorded assignment of the beneficial interest.
(c) The endorsement to the policy of title insurance or a new policy of title insurance for the assignment.
(d) A policy of fire insurance indicating coverage in an amount sufficient to cover the replacement costs of all improvements on the property, including, if applicable, an endorsement naming the purchaser as a payee in case of loss.
(e) A statement signed by the purchaser acknowledging that:
(1) The decision to purchase the note secured by a deed of trust was made after the purchaser was provided with and reviewed the material required in subsection 1; and
(2) The purchaser meets the minimum financial requirement set forth in NAC 645B.255.

Nev. Admin. Code § 645B.215

Added to NAC by Admstr. of Financial Institutions, eff. 12-15-86; A by Comm'r of Financial Institutions by R045-00, 9-5-2000; A by Comm'r of Mortgage Lending by R057-08, 4-23-2009-Substituted in revision for NAC 645B.140; A by R119-19A, eff. 11/9/2023

NRS 645B.060, 645B.080