Nevada § 107.077 - Delivery of documents by beneficiary to trustee; recording by trustee; liability for failure to deliver or record documents; requirements for release of deed of trust when reconveyance not recorded; liability for improperly recording deed of trust; criminal penalty

§ 107.077. Delivery of documents by beneficiary to trustee; recording by trustee; liability for failure to deliver or record documents; requirements for release of deed of trust when reconveyance not recorded; liability for improperly recording deed of trust; criminal penalty

1. Within 21 calendar days after receiving written notice that a debt secured by a

deed of trust made on or after October 1, 1991, has been paid or otherwise satisfied

or discharged, the beneficiary shall deliver to the trustee or the trustor the original

note and deed of trust, if the beneficiary is in possession of those documents, and

a properly executed request to reconvey the estate in real property conveyed to the

trustee by the grantor. If the beneficiary delivers the original note and deed of trust to the trustee or

the trustee has those documents in his or her possession, the trustee shall deliver

those documents to the grantor. 2. Within 45 calendar days after a debt secured by a deed of trust made on or after

October 1, 1991, is paid or otherwise satisfied or discharged, and a properly executed

request to reconvey is received by the trustee, the trustee shall cause to be recorded

a reconveyance of the deed of trust. 3. If the beneficiary fails to deliver to the trustee a properly executed request

to reconvey pursuant to subsection 1, or if the trustee fails to cause to be recorded

a reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the

trustee, as the case may be, is liable in a civil action to the grantor, his or her

heirs or assigns in the sum of $1,000, plus reasonable attorney's fees and the costs

of bringing the action, and the beneficiary or the trustee is liable in a civil action

to any party to the deed of trust for any actual damages caused by the failure to

comply with the provisions of this section and for reasonable attorney's fees and

the costs of bringing the action. 4. Except as otherwise provided in this subsection, if a reconveyance is not recorded

pursuant to subsection 2 within: (a) Seventy-five calendar days after the payment, satisfaction or discharge of the

debt, if the payment, satisfaction or discharge was made on or after October 1, 1993;

or (b) Ninety calendar days after the payment, satisfaction or discharge of the debt,

if the payment, satisfaction or discharge was made before October 1, 1993, a title insurer may prepare and cause to be recorded a release of the deed of trust. 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 deed of trust to the trustee, trustor and beneficiary

of record, 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 reconveyance

of a deed of trust. 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 trustee,

the trustor, the owner of the land, the holder of the escrow or the owner of the debt

secured by the deed of trust or his or her agent. 5. The release prepared pursuant to subsection 4 must set forth: (a) The name of the beneficiary; (b) The name of the trustor; (c) The recording reference to the deed of trust; (d) A statement that the debt secured by the deed of trust 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. 6. A release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary

or trustee of the requirements imposed by subsections 1 and 2. 7. A trustee may charge a reasonable fee to the trustor or the owner of the land for

services relating to the preparation, execution or recordation of a reconveyance or

release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow,

or earlier than 60 calendar days before the payment, satisfaction or discharge of

the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively

presumed to be reasonable. 8. In addition to any other remedy provided by law, a title insurer who improperly

causes to be recorded a release of a deed of trust pursuant to this section is liable

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