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 recordi - Nevada Statutes

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 written notice that a debt secured by a mortgage has been paid or otherwise satisfied or discharged, the mortgagee shall cause a discharge of the mortgage to be recorded pursuant to NRS 106.260 or 106.270 if the mortgagor, the mortgagor’s heirs or assigns have fully performed the conditions of the mortgage.

      2.  If a mortgagee fails to comply with the provisions of this section, the mortgagee is liable in a civil action to the mortgagor, the mortgagor’s heirs or assigns for:

      (a) The sum of $500;

      (b) Any actual damages caused by the failure of the mortgagee to comply with the provisions of this section; and

      (c) A reasonable attorney’s fee and the costs of bringing the action.

      3.  Except as otherwise provided in this subsection, if a mortgagee fails to cause a discharge of the mortgage to be recorded pursuant to subsection 1 within 75 calendar days, a title insurer may prepare and cause to be recorded a release of the mortgage. At least 30 calendar days before the recording of a release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the release of the mortgage to the mortgagor and mortgagee, or their successors in interest, at the last known address of each such person. A release prepared and recorded pursuant to this subsection shall be deemed a discharge of the mortgage. The title insurer shall not cause a release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the mortgagor, the mortgagee or a successor in interest.

      4.  The release prepared pursuant to subsection 3 must set forth:

      (a) The name of the mortgagor;

      (b) The name of the mortgagee;

      (c) The recording reference to the mortgage;

      (d) A statement that the debt secured by the mortgage has been paid in full or otherwise satisfied or discharged;

      (e) The date and amount of payment or other satisfaction or discharge; and

      (f) The name and address of the title insurer issuing the release.

      5.  A release prepared and recorded pursuant to subsection 3 does not relieve a mortgagee of the requirements imposed by subsections 1 and 2.

      6.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a release of a mortgage pursuant to this section is liable in a civil action for actual damages and for a reasonable attorney’s fee and the costs of bringing the action to any person who is injured because of the improper recordation of the release.

      7.  Any person who willfully violates this section is guilty of a misdemeanor.

      8.  As used in this section, “title insurer” has the meaning ascribed to it in NRS 692A.070.

      [38:9:1861; A 1935, 253; 1931 NCL § 1510]—(NRS A 1999, 56)