Nevada Revised Statutes
Chapter 645F - Mortgage Lending and Related Professions
NRS 645F.397 - Foreclosure consultants, loan modification consultants and persons performing covered services for compensation: Disclosures.


1. A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall:
(a) Include with each general commercial communication for any covered service the following disclosures printed in at least 12-point type:
(1) "[Name of company] is not associated with the government, and our service is not approved by the government or your lender."
(2) In any case in which the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant makes an express or implied representation that homeowners will receive covered services:
"Even if you accept this offer and use our service, your lender may not agree to change your loan."
(b) Include with each commercial communication which is specific to a homeowner the following disclosures printed in at least 12-point type:
(1) "You may stop doing business with us at any time. You may accept or reject the offer we obtain from your lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us [insert total amount or method of calculating the total amount] for our services."
(2) "[Name of company] is not associated with the government, and our service is not approved by the government or your lender."
(3) In any case in which the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant makes an express or implied representation that the homeowner will receive covered services:
"Even if you accept this offer and use our service, your lender may not agree to change your loan."
(c) Include with any commercial communication relating to a covered service in which the person who performs any covered service for compensation, foreclosure consultant or loan modification consultant represents expressly or by implication that a homeowner should temporarily or permanently discontinue payments, in whole or in part, on any mortgage or lien on a residence in foreclosure a clear and prominent statement, in close proximity to the express or implied representation and printed in at least 12-point type, which provides that:
"If you stop paying your mortgage, you could lose your home and damage your credit rating."
2. The disclosures required by paragraphs (a) and (b) of subsection 1 must be made in a clear and prominent manner and:
(a) In a written communication, the disclosures must appear together and be preceded by the heading "IMPORTANT NOTICE," printed in at least 14-point bold type; and
(b) In an oral communication, the audio component of the required disclosures must be preceded by the statement "Before using this service, consider the following information" and, if the oral communication is made by telephone, must be made at the beginning of the communication.
3. As used in this section, "total amount" means all amounts the homeowner must pay to purchase, receive and use all covered services that are subject to the contract for covered services, including, without limitation, all fees and charges.
(Added to NRS by 2011, 1574)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 645F - Mortgage Lending and Related Professions

NRS 645F.010 - Definitions.

NRS 645F.020 - "Commissioner" defined.

NRS 645F.030 - "Division" defined.

NRS 645F.040 - "Escrow agency" defined.

NRS 645F.050 - "Mortgage banker" defined.

NRS 645F.060 - "Mortgage company" defined.

NRS 645F.063 - "Mortgage servicer" defined.

NRS 645F.065 - "Nationwide Mortgage Licensing System and Registry" or "Registry" defined.

NRS 645F.090 - Inapplicability of chapter to participants in Regulatory Experimentation Program for Product Innovation; exception.

NRS 645F.150 - Commissioner: Qualifications; restrictions on other employment or offices.

NRS 645F.160 - Commissioner: Prohibition on having interest in regulated entity or engaging in business as personal loan broker.

NRS 645F.170 - Commissioner: Oath.

NRS 645F.180 - Appointment of deputy commissioners and other employees; use of certified public accountant for audits and examinations; assessments paid by regulated entities for audits and examinations.

NRS 645F.190 - Oath of deputy commissioners.

NRS 645F.250 - Commissioner and Division required to administer chapters governing mortgage lending and related professions.

NRS 645F.255 - Regulations: Generally.

NRS 645F.260 - State Board of Finance required to act in advisory capacity.

NRS 645F.267 - Certain persons not required to register or renew with or provide reports of financial condition to Registry; certain persons required to comply with Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

NRS 645F.270 - Account for Mortgage Lending: Creation; use; no reversion to State General Fund; administration; interest and income; payment of claims.

NRS 645F.275 - Adoption of regulations establishing minimum net worth or surety bonding requirements for loans by residential mortgage loan originators, percentage of fees from licensing to be deposited in mortgage recovery fund and methods to make c...

NRS 645F.277 - Adoption of regulations establishing guidelines and limitations for servicing or arranging certain loans.

NRS 645F.280 - Adoption of regulations establishing rates paid by persons licensed by Commissioner for supervision and examination by Commissioner or Division.

NRS 645F.290 - Assessments paid by persons licensed by Commissioner or Division for legal services provided by Attorney General to Commissioner and Division.

NRS 645F.291 - Subpoenas; oaths; examination of witnesses; penalty; assessment of costs.

NRS 645F.292 - Secure and Fair Enforcement for Mortgage Licensing Act of 2008: Adoption of regulations to comply with requirements.

NRS 645F.293 - Secure and Fair Enforcement for Mortgage Licensing Act of 2008: Adoption of regulations to carry out provisions.

NRS 645F.294 - Confidentiality and privilege of information and material provided to Registry: Generally; exception.

NRS 645F.295 - Confidentiality and privilege of information and material provided to Registry: Commissioner authorized to enter into agreements with other entities.

NRS 645F.296 - Certain residential mortgage loan originators required to obtain and maintain license as mortgage loan originator.

NRS 645F.300 - Definitions.

NRS 645F.310 - "Covered service" defined.

NRS 645F.320 - "Foreclosure consultant" defined.

NRS 645F.330 - "Foreclosure purchaser" defined.

NRS 645F.340 - "Foreclosure reconveyance" defined.

NRS 645F.350 - "Foreclosure sale" defined.

NRS 645F.360 - "Homeowner" defined.

NRS 645F.365 - "Loan modification consultant" defined.

NRS 645F.367 - "Residence" defined.

NRS 645F.370 - "Residence in foreclosure" defined.

NRS 645F.380 - Applicability.

NRS 645F.390 - Foreclosure consultants, loan modification consultants and persons performing covered services for compensation: Licenses; fingerprints; regulations.

NRS 645F.392 - Persons performing covered services for compensation: Written contracts for covered services; regulations.

NRS 645F.396 - Foreclosure consultants, loan modification consultants and persons performing covered services for compensation: Records; duties; inspection and audit of records by Commissioner.

NRS 645F.397 - Foreclosure consultants, loan modification consultants and persons performing covered services for compensation: Disclosures.

NRS 645F.398 - Foreclosure consultants, loan modification consultants and persons performing covered services for compensation: Notice requirements.

NRS 645F.400 - Persons performing covered services for compensation: Prohibited acts; penalty.

NRS 645F.405 - Foreclosure consultants, loan modification consultants and persons performing covered services for compensation prohibited from claiming or receiving compensation before homeowner executes written agreement.

NRS 645F.410 - Administrative penalties for violation of chapter, regulation or other applicable law; disposition of money collected as administrative penalties; appointment of hearing officers or panels by Commissioner; claims for attorney’s fees an...

NRS 645F.420 - Homeowner may bring action to recover damages.

NRS 645F.430 - Foreclosure purchasers: Criminal penalty for fraud or deceit against homeowner.

NRS 645F.440 - Foreclosure purchasers: Transaction rescinded due to fraud or deceit upon homeowner.

NRS 645F.445 - Person with knowledge of violation prohibited from providing assistance or support to violating foreclosure consultant, loan modification consultant or person performing covered service for compensation.

NRS 645F.450 - Cumulative nature of rights, remedies and penalties.

NRS 645F.500 - Applicability.

NRS 645F.510 - License required.

NRS 645F.520 - Regulations.

NRS 645F.530 - Compliance with other laws, regulations and orders of Commissioner; authority of Commissioner to conduct examination or investigation of and to take disciplinary action against mortgage servicer or applicant for license.

NRS 645F.540 - Duty to submit certain documents, fees, fines and costs through Registry; deposit of fees and costs.