598D.110 - Criminal and civil penalties; borrower’s defense against unpaid obligation. - Nevada Statutes

598D.110  Criminal and civil penalties; borrower’s defense against unpaid obligation.

      1.  A lender who willfully engages in an unfair lending practice described in this chapter is guilty of a misdemeanor.

      2.  If a lender willfully engages in any unfair lending practice described in this chapter in connection with a home loan, the lender is liable to the borrower in an amount equal to the sum of:

      (a) Three times the amount of any actual damages sustained by the borrower; and

      (b) If the borrower brings an action and is successful in enforcing the liability imposed by paragraph (a) in the action, the costs of bringing the action and reasonable attorney’s fees as determined by the court.

      3.  The borrower has a defense against the unpaid obligation of the home loan to the extent of any amount awarded by a court pursuant to paragraph (a) of subsection 2, and the court, in addition to any other legal or equitable remedy, may cure any existing default of the home loan and cancel any pending foreclosure sale, trustee’s sale or other sale to enforce the home loan.

      (Added to NRS by 2003, 2891)