1. A borrower may at any time personally deliver or send by certified mail, return receipt requested, written notice to the lender stating that the borrower elects to terminate the operation of an instrument as security for future advances of principal made after the lender receives the notice. The notice:
(a) Must be delivered or sent to the lender at each address provided for the lender in the instrument or, if applicable, at each address provided for the lender in a document which is effective pursuant to subsection 5; and
(b) Does not become effective until it is received by the lender.
2. Within 4 business days after receiving the notice, the lender must record in the office of the county recorder in which the instrument was recorded a statement that:
(a) Expressly refers to the instrument by:
(1) The date on which the instrument was recorded in the office of the county recorder; and
(2) The book, page and document number, as applicable, of the instrument as recorded;
(b) Contains the legal description of the encumbered real property;
(c) Affirms that the notice given pursuant to subsection 1 was received by the lender, and identifies the date of that receipt; and
(d) Separately sets forth:
(1) The amount of principal owed that is secured by the instrument; and
(2) The outstanding interest accrued on the principal described in subparagraph (1) as of the date the statement of the lender is recorded.
3. If the lender does not record the statement required by subsection 2 within the period set forth in subsection 2, the borrower may record a similar statement. The borrower’s statement has the same effect as the lender’s statement would have had if the lender had recorded the statement required by subsection 2.
4. If a lender wishes to receive notices pursuant to this section at an address other than the address for the lender provided in the instrument, if any, the lender must:
(a) Record, in the office of the county recorder in which the instrument was recorded, a document entitled "Change of Notice Address" that includes, without limitation, the address at which the lender wishes to receive notices pursuant to this section; and
(b) Personally deliver or send by certified mail, return receipt requested, a copy of the document to the borrower at each address provided for the borrower in the instrument, if any.
5. A document recorded pursuant to subsection 4 does not become effective until it is received by the borrower.
(Added to NRS by 1985, 726; A 1989, 493; 2009, 1670)
Structure Nevada Revised Statutes
NRS 106.020 - Adoption by reference before March 1, 1967.
NRS 106.025 - Adoption by reference on and after March 1, 1967.
NRS 106.030 - Mortgage secures performance of covenants adopted by reference.
NRS 106.040 - Adoption by reference in instrument.
NRS 106.050 - Parties may enter into different or additional covenants.
NRS 106.195 - Mortgage of estate for years.
NRS 106.200 - Effect of recorded mortgage upon possessory claims to public lands or mining claims.
NRS 106.240 - Extinguishment of lien created by mortgage or deed of trust upon real property.
NRS 106.270 - Discharge of mortgages on filing of certificates specifying satisfaction or payment.
NRS 106.280 - Certificates of discharge: Recording.
NRS 106.295 - Request by mortgagor for certified copy of note, mortgage and assignments.
NRS 106.310 - "Borrower" defined.
NRS 106.320 - "Future advance" defined.
NRS 106.330 - "Instrument" defined.
NRS 106.340 - "Lender" defined.
NRS 106.345 - "Principal" defined.
NRS 106.360 - Execution, enforceability, contents and amendment of instrument.
NRS 106.370 - Priority of lien.
NRS 106.390 - Effect of notice of termination.
NRS 106.400 - Advances made after notice of termination.
NRS 106.500 - Borrower’s instruction to suspend and close equity line of credit: Form; effect.