Title 9

NRS 105.050 Recording of security interest in real property owned by public utility; recording provides notice of certain subsequent security instruments executed by public utility. 1. If a security instrument filed with the Secretary of State grants an interest, as security, in …

NRS 105.060 Filing name change, merger or consolidation of public utility; effectiveness of security instrument filed before name change, merger or consolidation. 1. If a public utility changes its name or merges or consolidates with another person after the presentation for fili…

NRS 105.070 Duty of Secretary of State or county recorder to mark security instrument and statement of name change, merger or consolidation upon filing; retention and filing of instrument and statements; fees. 1. The Secretary of State or county recorder shall mark any security i…

NRS 105.080 Certificate of Secretary of State showing existence of security instrument; copy of filed security instrument; fees. 1. Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file, on the date and hour stated there…

NRS 106.020 Adoption by reference before March 1, 1967. In any mortgage of real or personal, or real and personal property, made prior to March 1, 1967, the parties may adopt by reference all or any of the following covenants, agreements, obligations, rights and remedies: 1. Cove…

NRS 106.025 Adoption by reference on and after March 1, 1967. In any mortgage of real property, made on or after March 1, 1967, the parties may adopt by reference all or any of the following covenants, agreements, obligations, rights and remedies: 1. Covenant No. 1. That the mort…

NRS 106.030 Mortgage secures performance of covenants adopted by reference. Whenever, by the terms of any mortgage, any of the covenants in NRS 106.020 or 106.025 are adopted as a part thereof by reference, as provided in NRS 106.020 to 106.050, inclusive, the mortgage is intende…

NRS 106.040 Adoption by reference in instrument. 1. In order to adopt by reference any of the covenants, agreements, obligations, rights and remedies in NRS 106.020 or 106.025, it shall only be necessary to state in the mortgage whichever of the following is appropriate: (a) “The…

NRS 106.050 Parties may enter into different or additional covenants. Nothing in NRS 106.020 to 106.040, inclusive, prevents the parties to any mortgage from entering into any other, different or additional covenants or agreements than those set out in NRS 106.020 or 106.025. [5:…

NRS 106.195 Mortgage of estate for years. Mortgages may be made upon an estate for years, however created, unless prohibited by the instrument which created such estate. (Added to NRS by 1967, 954)

NRS 106.200 Effect of recorded mortgage upon possessory claims to public lands or mining claims. A mortgage for a good and valuable consideration upon possessory claims to public lands, all buildings and improvements upon such lands, and all quartz and mining claims, acknowledged…

NRS 106.210 Recording of assignments of mortgages or beneficial interests in deeds of trust; constructive notice; effect of unrecorded assignments. 1. Any assignment of a mortgage of real property and any assignment of the beneficial interest under a deed of trust must be recorde…

NRS 106.220 Filing and recording of instruments subordinating or waiving priority of mortgages, deeds of trust or liens; constructive notice; effect of unrecorded instruments. 1. Any instrument by which any mortgage, deed of trust or lien upon real property is subordinated or wai…

NRS 106.240 Extinguishment of lien created by mortgage or deed of trust upon real property. The lien heretofore or hereafter created of any mortgage or deed of trust upon any real property, appearing of record, and not otherwise satisfied and discharged of record, shall at the ex…

NRS 106.260 Discharge and assignment: Marginal entries; discharge or release must be recorded when mortgage or lien recorded by microfilm. 1. Any mortgage or lien, that has been or may hereafter be recorded, may be discharged or assigned by an entry on the margin of the record th…

NRS 106.270 Discharge of mortgages on filing of certificates specifying satisfaction or payment. Any recorded mortgage shall also be discharged upon the record thereof by the recorder in whose custody it shall be, whenever there shall be presented to the recorder a certificate ex…

NRS 106.280 Certificates of discharge: Recording. Every certificate of discharge of a recorded mortgage, and the proof or acknowledgment thereof, must be recorded at full length, and a reference must be made to the county book containing such record in the minutes of the discharg…

NRS 106.290 Recording of discharge of mortgage by mortgagee; liability for failure to record discharge; requirements for release of mortgage when discharge not recorded; liability for improperly recording release; criminal penalty. 1. Within 21 calendar days after receiving writt…

NRS 106.295 Request by mortgagor for certified copy of note, mortgage and assignments. 1. A mortgagor may submit a written request to the servicer of the mortgage for a certified copy of the note, the mortgage and all assignments of the note and mortgage if: (a) The real property…

NRS 106.300 Definitions. As used in NRS 106.300 to 106.400, inclusive, unless the context otherwise requires, the words and terms defined in NRS 106.310 to 106.345, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1985, 725; A 1989, 492)

NRS 106.310 “Borrower” defined. “Borrower” means a mortgagor, grantor of a deed of trust or other debtor. (Added to NRS by 1985, 725)

NRS 106.320 “Future advance” defined. “Future advance” means a loan of money to a borrower pursuant to an agreement but made after the agreement is executed. (Added to NRS by 1985, 725)

NRS 106.330 “Instrument” defined. “Instrument” means a mortgage, deed of trust or other instrument encumbering real property as security for the repayment of a debt. (Added to NRS by 1985, 725)

NRS 106.340 “Lender” defined. “Lender” means a mortgagee, beneficiary of a deed of trust or other creditor holding an instrument. (Added to NRS by 1985, 725)

NRS 106.345 “Principal” defined. “Principal” means the money a lender advances to a borrower as a loan which, separately or together with other advances, is intended to be evidenced by the face amount of a note, bond or other similar document. The term does not include any intere…

NRS 106.350 Applicability. The provisions of NRS 106.300 to 106.400, inclusive, apply only to an instrument or supplement or amendment to an instrument that states clearly that it is to be governed by those provisions. (Added to NRS by 1985, 726; A 1989, 492)

NRS 106.360 Execution, enforceability, contents and amendment of instrument. 1. A borrower may execute an instrument encumbering the borrower’s real property to secure future advances from a lender within a mutually agreed maximum amount of principal. The instrument or an amendme…

NRS 106.370 Priority of lien. 1. The priority of a lien for future advances dates from the time that the instrument is recorded in the office of the county recorder of the county in which the property is located, whether or not the: (a) Future advances are obligatory or at the op…

NRS 106.380 Notice of election to terminate operation of instrument; recording of statement by lender or borrower; change of notice address by lender. 1. A borrower may at any time personally deliver or send by certified mail, return receipt requested, written notice to the lende…

NRS 106.390 Effect of notice of termination. Receipt of notice of termination by the lender does not affect the priority of any lien for any future advances previously made, obligations previously incurred or interest accrued thereon. (Added to NRS by 1985, 726)

NRS 106.400 Advances made after notice of termination. Future advances of principal made to a borrower after the receipt of the notice of termination by the lender are not secured by the instrument. The principal amount of indebtedness secured by the instrument is limited to the …

NRS 106.500 Borrower’s instruction to suspend and close equity line of credit: Form; effect. 1. Upon receipt of a written request from an authorized person to terminate an equity line of credit secured by a mortgage or deed of trust, the lender shall: (a) Terminate the borrower’s…

NRS 106A.010 Short title. This chapter may be cited as the Uniform Mortgage Modification Act. (Added to NRS by 2025, 614)

NRS 106A.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 106A.030 to 106A.130, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2025, 614)

NRS 106A.030 “Electronic” defined. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. (Added to NRS by 2025, 615)

NRS 106A.040 “Financial covenant” defined. “Financial covenant” means an undertaking to demonstrate an obligor’s creditworthiness or the adequacy of security provided by an obligor. (Added to NRS by 2025, 615)

NRS 106A.050 “Modification” defined. “Modification” includes change, amendment, revision, correction, addition, supplementation, elimination, waiver and restatement. (Added to NRS by 2025, 615)

NRS 106A.060 “Mortgage” defined. 1. “Mortgage” means an agreement that creates a consensual interest in real property to secure payment or performance of an obligation, regardless of: (a) How the agreement is denominated, including a mortgage, deed of trust, trust deed, security …

NRS 106A.070 “Mortgage modification” defined. “Mortgage modification” means modification of: 1. A mortgage; 2. An agreement that creates an obligation, including a promissory note, loan agreement or credit agreement; or 3. An agreement that creates other security or credit enhanc…

NRS 106A.080 “Obligation” defined. “Obligation” means a debt, duty or other liability, secured by a mortgage. (Added to NRS by 2025, 615)

NRS 106A.090 “Obligor” defined. “Obligor” means a person that: 1. Owes payment or performance of an obligation; 2. Signs a mortgage; or 3. Is otherwise accountable, or whose property serves as collateral, for payment or performance of an obligation. (Added to NRS by 2025, 615)

NRS 106A.100 “Person” defined. “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency or instrumentality, or other legal entity. (Added to NRS by 2025, 615)

NRS 106A.110 “Recognized index” defined. “Recognized index” means an index to which changes in the interest rate may be linked that is: 1. Readily available to, and verifiable by, the obligor; and 2. Beyond the control of the person to whom the obligation is owed. (Added to NRS b…

NRS 106A.120 “Record” defined. “Record” means, when used as a noun, information: 1. Inscribed on a tangible medium; or 2. Stored in an electronic or other medium and retrievable in perceivable form. (Added to NRS by 2025, 615)

NRS 106A.130 “Sign” defined. “Sign” means, with present intent to authenticate or adopt a record: 1. Execute or adopt a tangible symbol; or 2. Attach to or logically associate with the record an electronic symbol, sound or process. (Added to NRS by 2025, 615)

NRS 106A.140 Applicability. 1. Except as provided in subsection 3, this chapter applies to a mortgage modification. 2. This chapter does not affect: (a) Law governing the required content of a mortgage; (b) A statute of limitations or other law governing the expiration or termina…