Nevada Code § 40.463

Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable
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1. Except as otherwise provided in this
section, a debtor or the debtors successor in interest may enter into an
agreement with a third party that provides for the third party to assist in the
recovery of any balance of the proceeds of a foreclosure sale due to the debtor
or the debtors successor in interest pursuant to paragraph (d) of subsection 2
of NRS 40.462 .
2. An agreement pursuant to subsection 1:
(a) Must:
(1) Be in writing;
(2) Be signed by the debtor or the
debtors successor in interest; and
(3) Contain an acknowledgment of the
signature of the debtor or the debtors successor in interest by a notary
public; and
(b) May not be entered into less than 30 days
after the date on which the foreclosure sale was conducted.
3. Any agreement entered into pursuant to
this section that does not comply with subsection 2 is void and unenforceable.
4. Any fee charged by a third party for
services provided pursuant to an agreement entered into pursuant to this
section must be reasonable. A fee that exceeds $2,500, excluding attorneys
fees and costs, is presumed to be unreasonable. A court shall not enforce an
obligation to pay any unreasonable fee, but may require a debtor to pay a
reasonable fee that is less than the amount set forth in the agreement.
5. A third party may apply to the court
for permission to charge a fee that exceeds $2,500. Any third party applying to
the court pursuant to this subsection has the burden of establishing to the
court that the fee is reasonable.
6. This section does not preclude a debtor
or the debtors successor in interest from contesting the reasonableness of any
fee set forth in an agreement entered into pursuant to this section.
7. As used in this section:
(a) Creditor means a person due an obligation
being enforced by a foreclosure sale conducted pursuant to NRS 40.451 to 40.463 , inclusive.
(b) Debtor means a person, or the successor in
interest of a person, who owes an obligation being enforced by a foreclosure
sale conducted pursuant to NRS 40.451 to 40.463 , inclusive.
(c) Third party means a person who is neither
the debtor nor the creditor of a particular obligation being enforced by a
foreclosure sale conducted pursuant to NRS
40.451 to 40.463 , inclusive.

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