Request for Judicial Notice: Laws & Regulations Exhibit 5 Limits on Fraud and Racketeering

 NRS 111.175  Conveyances made to defraud prior or subsequent purchasers are void. 

NRS 205.330  Fraudulent conveyances.

NRS 205.372  Mortgage lending fraud; penalties; civil action.

NRS 205.377  Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

1.  A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:

      (a) The person knows to be false or omitted;

      (b) The person intends another to rely on; and

      (c) Results in a loss to any person who relied on the false representation or omission,

NRS 205.377

NRS 205.380  Obtaining money, property, rent or labor by false pretenses.

NRS 205.395  False representation concerning title; penalties; civil action.

NRS 207.230           Acting without lawful authority.

 NRS 205.405  Falsifying accounts.  

NRS 207.360       “Crime related to racketeering” defined.

9.  Taking property from another under circumstances not amounting to robbery;

18.  Grand larceny;

26.  Receiving, possessing or withholding stolen goods valued at $650 or more;

27.  Embezzlement of money or property valued at $650 or more;

28.  Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;

29.  Perjury or subornation of perjury;

30.  Offering false evidence;

35.  Any violation of NRS 205.377;

NRS 207.360

NRS 207.400       Unlawful acts; penalties.

NRS 207.470       civil actions for damages resulting from racketeering.

1.  Any person who is injured in his or her business or property by reason of any violation of NRS 207.400 has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorney’s fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the State may have to the same property or proceeds if the injured person’s claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the State.

4.  Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty

NRS 207.480  Order of court upon determination of civil liability.  

NRS 207.520       Limitation of actions.


AB 284 (2011) summary and legislative digest

Nevada’s 2011 anti-foreclosure fraud “robo-signing” bill amended NRS 107 and NRS 205 to make these changes:

  1. specifies duties of the trustee;
  2. assignments not effective unless and until recorded;
  3. a notarized affidavit under penalty of perjury that the lender or trustee is in actual possession of the note;
  4. civil penalties for mortgage lending fraud;
  5. Section 9 amends NRS 107.080, which is one of the main statutes related to foreclosures.
  6. It requires a notice of default or “NOD” to include a notarized affidavit of the trustee’s authority to exercise the power of sale.
  7. The affidavit must spell out all the money that is owed, and must include a statement under penalty of perjury that the lender or the trustee is in actual possession of the note.
  8. As in section 6, it sets forth civil penalties for violations.

NRS 107.028 Trustees: Qualifications; limitations on powers

2.  A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.

NRS 107.028(2)

12 CFR1026.39        Mortgage transfer disclosures  – Truth in Lending (TILA) requirements of disclosure of change of beneficiary

SB 321 (2013)          Nevada Homeowner Bill of Rights – prevention of “dual tracking”