Nevada Code § 205.395

False representation concerning title; penalties; civil action
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1. Every person who:
(a) Claims an interest in, or a lien or
encumbrance against, real property in a document that is recorded in the office
of the county recorder in which the real property is located and who knows or
has reason to know that the document is forged or groundless, contains a
material misstatement or false claim or is otherwise invalid;
(b) Executes or notarizes a document purporting
to create an interest in, or a lien or encumbrance against, real property, that
is recorded in the office of the county recorder in which the real property is
located and who knows or has reason to know that the document is forged or
groundless, contains a material misstatement or false claim or is otherwise
invalid; or
(c) Causes a document described in paragraph (a)
or (b) to be recorded in the office of the county recorder in which the real
property is located and who knows or has reason to know that the document is
forged or groundless, contains a material misstatement or false claim or is
otherwise invalid,
has made a
false representation concerning title.
2. A person who makes a false
representation concerning title in violation of subsection 1 is guilty of a
category C felony and shall be punished as provided in NRS 193.130 .
3. A person who engages in a pattern of
making false representations concerning title is guilty of a category B felony
and shall be punished by imprisonment in the state prison for a minimum term of
not less than 3 years and a maximum term of not more than 20 years, or by a
fine of not more than $50,000, or by both fine and imprisonment.
4. In addition to the criminal penalties
imposed for a violation of this section, any person who violates this section
is subject to a civil penalty of not more than $5,000 for each violation. This
penalty must be recovered in a civil action, brought in the name of the State
of Nevada by the Attorney General. In such an action, the Attorney General may
recover reasonable attorneys fees and costs.
5. Except as otherwise provided in this
subsection, the owner or holder of the beneficial interest in real property
which is the subject of a false representation concerning title may bring a
civil action in the district court in and for the county in which the real
property is located to recover any damages suffered by the owner or holder of
the beneficial interest plus reasonable attorneys fees and costs. The owner or
holder of the beneficial interest in the real property must, before bringing a
civil action pursuant to this subsection, send a written request to the person
who made the false representation to record a document which corrects the false
representation. If the person records such a document not later than 20 days
after the date of the written request, the owner or holder of the beneficial
interest may not bring a civil action pursuant to this subsection.
6. As used in this section:
(a) Encumbrance includes, without limitation, a
lis pendens or other notice of the pendency of an action.
(b) Pattern of making false representations
concerning title means one or more violations of a provision of subsection 1
committed in two or more transactions:
(1) Which have the same or similar
pattern, purposes, results, accomplices, victims or methods of commission, or
are otherwise interrelated by distinguishing characteristics;
(2) Which are not isolated incidents
within the preceding 4 years; and
(3) In which the aggregate loss or
intended loss is more than $250.

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