Nev. Admin. Code § 645B.038

Current through December 12, 2024
Section 645B.038 - Insider loans: Limitations and conditions
1. Insider loans made or arranged by a mortgage company are subject to the following limitations and conditions:
(a) The lending limit must not exceed 25 percent of the total dollar amount of the outstanding balances of investor-funded loans which were made or arranged by the mortgage company or 100 percent of the mortgage company's net worth as described in NAC 645B.095, whichever is greater.
(b) A private investor who provides money to invest in an insider loan may not waive the provisions of subsection 1 of NAC 645B.080.
(c) The mortgage company shall specifically identify on each monthly report required by NRS 645B.080 any insider loan made by the mortgage company.
2. As used in this section:
(a) "Insider" means a control person, mortgage loan originator or employee of a mortgage company.
(b) "Insider loan" means an extension of credit to an insider. For purposes of this paragraph, "extension of credit" includes, without limitation, a new loan or a loan renewal, a line of credit or any other financial right structured in any manner and arranged by a mortgage company as a means for the borrower to defer payment on an existing debt or to incur a debt and defer immediate payment.
(c) "Lending limit" means the maximum dollar amount permitted for the aggregate of insider loans arranged by a mortgage company.

Nev. Admin. Code § 645B.038

Added to NAC by Comm'r of Mortgage Lending by R056-08, eff. 4-23-2009; A by R125-16A, eff. 1/27/2017; A by R119-19A, eff. 11/9/2023

NRS 645B.060, 645F.255, 645F.520