1. To be accepted as collateral for a deposit of money by the State Treasurer, first mortgages or first deeds of trust must be on real property which is located in this state and is used for residences of single families.
2. Each such first mortgage or first deed of trust must be accompanied by the promissory note which it secures.
3. No first mortgage or first deed of trust may be accepted for such collateral if:
(a) Any payment on the related promissory note is more than 30 days past due;
(b) A prior lien is on the mortgage or deed;
(c) In the case of a mortgage, an action to foreclose has been commenced or, in the case of a deed of trust, a notice of default and election to sell has been recorded;
(d) In the case of a loan which is not insured or guaranteed by the Federal Government, the initial amount lent was greater than 80 percent of the appraised value of the real property at the time the loan was made;
(e) The loan has been outstanding for less than 1 year;
(f) The grantor of the property resides on the property; or
(g) The loan does not meet the requirements for eligibility of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association, although it is not necessary that any of those agencies have participated in the loan.
4. If any collateral consisting of a promissory note with a mortgage or deed of trust is found not to meet the requirements of this section, the depository bank, credit union, savings and loan association or savings bank shall substitute a note of equal or greater value which does meet the requirements.
5. The financial institution shall assign the pledged mortgages and deeds of trust to the depositor and deliver them with their promissory notes to the trust company. The assignment must be recorded when the financial institution fails to pay any part of the deposit for which the security is pledged.
(Added to NRS by 1981, 849; A 1999, 1485)
Structure Nevada Revised Statutes
Chapter 356 - Depositories of Public Money and Securities
NRS 356.010 - Conditions; redeposit of amounts in excess of insurance limits; compensation.
NRS 356.025 - Requirements for use of first mortgage or first deed of trust as collateral.
NRS 356.030 - Procedure for sale of securities if depository fails to pay deposit on demand.
NRS 356.040 - Depository to furnish statements of account and evidence of checks.
NRS 356.080 - State Controller’s warrant.
NRS 356.083 - Calls from inactive deposits; waiver of interest.
NRS 356.085 - Interest on deposits: Contract; amount.
NRS 356.087 - Interest to be deposited in State General Fund; exceptions.
NRS 356.090 - Depository at state capital may be relieved of payment of interest on deposits.
NRS 356.105 - Depository not required to accept state deposits.
NRS 356.120 - Conditions for deposit in demand accounts.
NRS 356.127 - Conditions for deposit in insured deposit accounts; redeposit of uninsured amounts.
NRS 356.130 - Release of county treasurer’s bondsmen.
NRS 356.135 - Procedure for sale of securities if depository fails to pay deposit on demand.
NRS 356.150 - Withdrawal of deposits.
NRS 356.160 - Requirements for payment of warrant of county auditor.
NRS 356.170 - Contents of register of checks and orders required to be kept by county treasurer.
NRS 356.180 - Endorsement of county auditor’s warrant by county treasurer.
NRS 356.220 - Certificate to be attached to depository bond.
NRS 356.305 - "Acceptable securities" defined.
NRS 356.310 - "Depository" defined.
NRS 356.330 - "Public money" defined.
NRS 356.340 - "Third-party depository" defined.
NRS 356.370 - Levy of assessment; notice regarding assessment.
NRS 356.380 - Payment of assessment; administrative fine for failure to pay.