Nevada Enacts and Amends Several Real Estate Provisions
Power of Sale Location
Nevada has amended its provision regarding the location requirement of Trustee’s Power of Sales. The previous provision required that, in counties with populations of less than 100,000, sales were required to be held at the courthouse in the county where the property is located. In counties with populations exceeding 100,000, sales were to be made at the public location in the county designated by the governing body of the county for that purpose.
The new provision provides that all sales, regardless of county population, shall now be made at the public location in the county designated by the governing body of the county for that purpose. This provision is effective immediately.
For the full text of Senate Bill 267 please refer to https://legiscan.com/NV/text/SB267/id/1619424/Nevada-2017-SB267-Enrolled.pdf.
Domestic Relations
Nevada has amended its domestic relations provisions to remove references to specific gender. These provisions are effective as of July 1, 2017.
All references to “male and female person” have been replaced with “two persons regardless of gender.” All references to “the husband and wife of” have been replaced with “married to.” References to “father” have been changed to “parent no. 1,” while references to “mother” have been replaced with “parent no. 2.”
For the full text of Assembly Bill 229 please refer to https://legiscan.com/NV/text/AB229/id/1619901/Nevada-2017-AB229-Enrolled.pdf.
Fees Collected by County Recorders
Nevada has revised its provisions regarding fees that may be collected by a county recorder. These provisions are effective as of October 1, 2017.
One amended provision provides that a county recorder shall charge a flat fee of $25 to record a document. The old provision provided that the cost to record a document was $10 for the first page and $1 for each additional page. However, a new, separate provision specifies that a county recorder shall charge only $10 for recording notices or certificates of location of a mining claim.
Another amendment provides that county recorders may charge and collect, in addition to any fee that he is otherwise authorized to charge and collect, and additional fee up to $5 for recording a document or any other writing, including a notice, deed, conveyance, map, or chart. The previous provision provided that this additional fee was not to exceed $3.
A fee provision allowing a county recorder to charge and collect and additional fee of up to $25 for recording a document that does not meet the standards set forth in subsection 3 of NRS 247.110 has been rescinded.
Another newly enacted provision provides that a county recorder has the discretion to accept and record a document that does not meet the formatting requirements set forth in subsection 3, paragraphs (a) through (g).
For the full text of Assembly Bill 169 please refer to https://www.leg.state.nv.us/Session/79th2017/Bills/AB/AB169_EN.pdf.
Foreclosure
Nevada has enacted provisions regarding foreclosure of real property owned by certain military personnel. These provisions are effective immediately.
The new provision provides that, if a borrower is a service member or a dependent of a service member, no person is authorized to initiate a foreclosure sale against that person’s property during any period that the service member is on active duty or deployment or for a period of one year immediately following the end of such active duty or deployment.
In any civil action for a foreclosure sale involving a failure to make a payment that is filed against an active service member or his or her dependent, the court is permitted to either stay the proceedings in the action until at least one year after the end of the service member’s active duty or deployment or adjust the obligation to preserve the interests of the parties. This provision does not apply if the court determines that the ability of the service member or his dependent to make the payment is not materially affected by the active duty or deployment. This provision only applies to a residential mortgage loan secured by the service member or his dependent prior to the active duty or deployment.
Any person who knowingly initiates or directs another person to initiate a foreclosure sale in violation of these provisions is guilty of a misdemeanor and may be liable for actual damages, reasonable attorney’s fees, and other costs incurred by the injured party. Trustees who initiate foreclosure sales at the direction or authorization of another person are exempt from this provision.
A definitions section has also been enacted, defining such relevant terms as “service member,” “residential mortgage loan,” “foreclosure sale,” “active duty,” and “employment.”
For the full text of Senate Bill 33 please refer to https://www.leg.state.nv.us/Session/79th2017/Bills/SB/SB33_EN.pdf.
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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