Nevada Revised Statutes
Chapter 645F - Mortgage Lending and Related Professions
NRS 645F.398 - Foreclosure consultants, loan modification consultants and persons performing covered services for compensation: Notice requirements.


1. A person who performs any covered service for compensation, a foreclosure consultant and a loan modification consultant shall, at the time the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant provides a homeowner with a written agreement between the homeowner and the homeowner’s lender or servicer incorporating the offer of mortgage assistance obtained from the homeowner’s lender or servicer:
(a) Provide the following notice printed in at least 12-point type to the homeowner:
"This is an offer of mortgage assistance we obtained from your lender [or servicer]. You may accept or reject the offer. 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."
The notice must be made in a clear and prominent manner on a separate written page and be preceded by the heading "IMPORTANT NOTICE: BEFORE BUYING THIS SERVICE, CONSIDER THE FOLLOWING INFORMATION" printed in at least 14-point bold type.
(b) Provide the homeowner with a notice printed in at least 12-point type from the homeowner’s lender or servicer which includes a complete description of all material differences between the terms, conditions and limitations which apply to the homeowner’s current mortgage loan and the terms, conditions and limitations which will apply to the homeowner’s mortgage loan if he or she accepts the offer of the lender or servicer, including, without limitation, the differences between the mortgage loans with regard to the:
(1) Principal balance;
(2) Contract interest rate, including the maximum rate and any adjustable rates;
(3) Amount and number of scheduled periodic payments;
(4) Monthly amounts owed for principal, interest, taxes and mortgage insurance;
(5) Amount of any delinquent payments owing or outstanding; and
(6) Term.
The notice required by this paragraph must be made in a clear and prominent manner on a separate written page and be preceded by the heading "IMPORTANT INFORMATION FROM [name of lender or servicer] ABOUT THIS OFFER" printed in at least 14-point bold type.
2. If the offer obtained from the lender or servicer by the person who performs any covered service for compensation, the foreclosure consultant or the loan modification consultant is a trial mortgage loan modification, the notice required by paragraph (b) of subsection 1 must include notice to the homeowner:
(a) That the homeowner may not qualify for a permanent mortgage loan modification; and
(b) Setting forth the likely amount of scheduled periodic payments and arrears, payments and fees the homeowner would owe if the homeowner failed to qualify for a permanent mortgage loan modification.
3. As used in this section, "total amount" has the meaning ascribed to it in NRS 645F.397.
(Added to NRS by 2011, 1575)

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.