Nevada Revised Statutes 645B.300 – Written appraisal of real property required; persons authorized to perform appraisal; retention and inspection of appraisal; exceptions
1. Except as otherwise provided in subsection 4, a mortgage company or mortgage loan originator shall not accept money from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property, unless the mortgage company has obtained a written appraisal of the real property securing the loan.
Terms Used In Nevada Revised Statutes 645B.300
- Appraisal: A determination of property value.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- mortgage: includes a deed of trust. See Nevada Revised Statutes 0.037
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. The written appraisal of the real property:
(a) Must be completed not more than 6 months before the mortgage company’s first solicitation for the loan;
(b) Must meet the standards set forth in the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of The Appraisal Foundation;
(c) Must be performed by an appraiser who is authorized to perform appraisals in this State or in the state where the real property securing the loan is located; and
(d) Must not be performed by the mortgage company or a mortgage loan originator, unless the mortgage company or mortgage loan originator is certified or licensed to perform such an appraisal pursuant to chapter 645C of NRS.
3. A copy of the written appraisal of the real property must be:
(a) Maintained at each office of the mortgage company where money is accepted from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on the real property; and
(b) Made available during normal business hours for inspection by each such investor and the Commissioner.
4. A mortgage company is not required to obtain a written appraisal of the real property pursuant to this section if the mortgage company obtains a written waiver of the appraisal from each investor who acquires ownership of or a beneficial interest in a loan secured by a lien on the real property. A mortgage company or mortgage loan originator shall not act as the attorney-in-fact or the agent of an investor with respect to the giving of a written waiver pursuant to this subsection.
5. If the mortgage company obtains a written waiver of the appraisal as provided in subsection 4, the mortgage company shall provide to each investor before accepting any money from the investor a separate written disclosure which contains the information analyzed, the valuation methods and techniques employed and the reasoning for any opinion regarding value provided by or on behalf of the mortgage company.
6. As used in this section, ‘appraisal’ has the meaning ascribed to it in NRS 645C.030.