Nevada Code § 658.200

Nontraditional mortgage loan products; disclosures required
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1. A financial institution which is
required to be licensed pursuant to the provisions of this title and which
offers nontraditional mortgage loan products that are secured by liens on real
property shall, with respect to each nontraditional mortgage loan made by the
financial institution, disclose to the borrower adequate information concerning
the actual costs and risks of the nontraditional mortgage loan product offered.
2. The disclosure required by subsection 1
must be written in language that is easy to understand, must be printed in at
least 10-point bold type or font and must include, without limitation:
(a) Information concerning potential increases in
monthly payments, including information describing the circumstances under
which interest rates or negative amortization could reach the contractual
limits;
(b) Information concerning the maximum monthly
payment that the borrower may be required to pay if amortizing payments are
required and the interest rate and negative amortization caps are reached;
(c) Information concerning the circumstances
under which structural payment changes will occur, the amount of the new
payments and the method of calculating the amount of the new payments;
(d) Information concerning negative amortization,
including information describing the potential for increases in the principal
balance and decreases in home equity and any other potential adverse consequences
to the borrower resulting from negative amortization;
(e) If a nontraditional mortgage loan product
includes prepayment penalties, information explaining the prepayment penalties
and the amount of the penalties;
(f) If the financial institution offers
full-document home loans in addition to low-document home loans, no-document
home loans or stated-document home loans, information concerning any pricing
premium that attaches to the low-document home loans, no-document home loans or
stated-document home loans; and
(g) For payment option adjustable-rate mortgages,
information explaining each payment option available and the effect on the loan
balance of each payment option.
3. A financial institution required to
make a disclosure pursuant to subsection 1 shall, with respect to each
nontraditional mortgage loan made by the financial institution, certify to the
Commissioner that the financial institution has made the disclosure required by
subsection 1. The financial institution may contract with a nonprofit or
government-operated consumer credit counseling or housing counseling agency or
a nonprofit or government-operated legal services agency which has been
operating as such for the immediately preceding 7 years to provide the
certification required by this subsection.
4. As used in this section:
(a) Low-document home loan has the meaning
ascribed to it in NRS 598D.100 .
(b) No-document home loan has the meaning
ascribed to it in NRS 598D.100 .
(c) Nonprofit or government-operated consumer
credit counseling or housing counseling agency means:
(1) A person or organization which is
recognized as a charitable organization pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. 501(c)(3), and which is certified by
the United States Department of Housing and Urban Development as a Housing
Counseling Agency;
(2) A government agency or government-operated
organization which is certified by the United States Department of Housing and
Urban Development as a Housing Counseling Agency; or
(3) A person or organization which is
recognized as exempt under section 501(c)(3) of the Internal Revenue Code of
1986, 26 U.S.C. 501(c)(3), and which:
(I) As its primary business,
provides specialized personal and group counseling services to a person who is
seeking to purchase a home or obtain legal advice regarding a real estate
transaction and who is suffering or who may suffer economic hardship because of
the extension of credit;
(II) Acts as an agent for a person
who is suffering or who may suffer economic hardship because of the extension
of credit in his or her efforts to resolve economic hardships;
(III) May receive money or any other
thing of value for disbursement to one or more of the creditors of a person who
is suffering or who may suffer economic hardship because of the extension of
credit; and
(IV) If it has a board of directors,
has a board of directors with a majority of members who are not employed by the
agency or otherwise receive any direct or indirect financial benefit from the
provision of any services by the agency.
(d) Nonprofit or government-operated legal
services agency means an organization that provides legal services to
low-income persons without charge, and:
(1) Is a government agency or
government-operated organization; or
(2) Is recognized as a charitable
organization pursuant to section 501(c)(3) of the Internal Revenue Code of
1986, 26 U.S.C. 501(c)(3).
(e) Nontraditional mortgage loan product has
the meaning ascribed to it in NRS 658.190 and also includes an adjustable-rate mortgage, a low-document home loan, a
no-document home loan and a stated-document home loan.
(f) Stated-document home loan has the meaning
ascribed to it in NRS 598D.100 .

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