Document Update: NV Mortgage Company Compensation Disclosure (Cx14279)

“NV Mortgage Company Compensation Disclosure” our form (Cx14279) is provided pursuant to Nev. Rev. Stat. Ann. § 645B.305, which was updated in 2020.

Nev. Rev. Stat. Ann. § 645B.305 states: “A mortgage company shall ensure that each loan secured by a lien on real property for which he or she engages in activity as a mortgage company includes a disclosure…”

The change in 2020 replaced the term “mortgage broker” in the statute with the term “a mortgage company”, which is defined in Rev. Stat. Ann. § 645B.0127 as follows:

1. “Mortgage company” means a person who, directly or indirectly:

(a) Holds himself or herself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;

(b) Holds himself or herself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;

(c) Holds himself or herself out as being able to make loans secured by liens on real property;

(d) Holds himself or herself out as being able to buy or sell notes secured by liens on real property; or

(e) Offers for sale in this State any security which is exempt from registration under state or federal law and purports to make investments in promissory notes secured by liens on real property.

2. The term includes a wholesale lender.

This very broad definition encompasses both lenders and brokers. Therefore, we will be updating the signature lines on Cx14279 to accommodate both lenders and brokers. We will also be issuing an update to the Disclosure Matrix to reflect that either the broker or lender may sign the disclosure.

These changes will be in effect on October 29, 2021. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.

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