Nev. Rev. Stat. § 107.490

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 107.490 - Duties of mortgage servicer
1. Any duty of a mortgage servicer to maximize net present value under a pooling and servicing agreement is owed to all parties in a loan pool, or to all investors under a pooling and servicing agreement, not to any particular party in the loan pool or investor under a pooling and servicing agreement.
2. A mortgage servicer acts in the best interests of all parties to the loan pool or investors in the pooling and servicing agreement if the mortgage servicer agrees to or implements a foreclosure prevention alternative for which both of the following apply:
(a) The residential mortgage loan is in payment default or payment default is reasonably foreseeable.
(b) Anticipated recovery under the foreclosure prevention alternative exceeds the anticipated recovery through foreclosure on a net present value basis.

NRS 107.490

Added to NRS by 2013, 2186
Added by 2013, Ch. 403,§9, eff. 10/1/2013, applicable only with respect to trust agreements for which a notice of default is recorded on or after 10/1/2013, and to a judicial foreclosure action commenced on or after 10/1/2013.