Nevada Revised Statutes
Chapter 645F - Mortgage Lending and Related Professions
NRS 645F.400 - Persons performing covered services for compensation: Prohibited acts; penalty.


1. A person who performs any covered service shall not:
(a) Claim, demand, charge, collect or receive any compensation except in accordance with the terms of a contract for covered services.
(b) Claim, demand, charge, collect or receive any fee, interest or other compensation for any reason which is not fully disclosed to the homeowner.
(c) Take or acquire, directly or indirectly, any wage assignment, lien on real or personal property, assignment of a homeowner’s equity, any interest in a residence or other security for the payment of compensation. Any such assignment or security is void and unenforceable.
(d) Receive any consideration from any third party in connection with a covered service provided to a homeowner unless the consideration is first fully disclosed to the homeowner.
(e) Accept a power of attorney from a homeowner for any purpose, other than to inspect documents as provided by law.
(f) Make any representation, express or implied, that a homeowner cannot or should not contact or communicate with his or her lender or servicer.
(g) Misrepresent any aspect of any covered service.
(h) Make any representation, express or implied, that a covered service is affiliated with, associated with or endorsed or approved by:
(1) The Federal Government, the State of Nevada or any department, agency or political subdivision thereof;
(2) Any governmental plan for homeowner assistance;
(3) Any nonprofit housing counselor agency or program;
(4) The maker, holder or servicer of a homeowner’s mortgage loan; or
(5) Any other person, entity or program.
(i) Make any representation, express or implied, about the benefits, performance or efficacy of any covered service unless, at the time the representation is made, the person who performs any covered service, the foreclosure consultant or the loan modification consultant possesses and relies upon competent and reliable evidence which substantiates that the representation is true. As used in this paragraph, "competent and reliable evidence" means tests, analyses, research, studies or other evidence based on the expertise of professionals in the relevant area that have been conducted and evaluated in an objective manner by persons qualified to do so using procedures generally accepted in the profession to yield accurate and reliable results.
(j) Obtain or attempt to obtain any waiver of the provisions of NRS 645F.300 to 645F.450, inclusive, or any regulations adopted pursuant thereto. Any such waiver is void and unenforceable.
2. In addition to any other penalty, a violation of any provision of this section shall be deemed to constitute mortgage lending fraud for the purposes of NRS 205.372.
(Added to NRS by 2007, 2856; A 2009, 1461; 2011, 1577, 3642)

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.