Nevada § 205.395 - False representation concerning title; penalties; civil action

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

1. Every person who: (a) Claims an interest in, or a lien or encumbrance against, real property in a document

that is recorded in the office of the county recorder in which the real property is

located and who knows or has reason to know that the document is forged or groundless,

contains a material misstatement or false claim or is otherwise invalid; (b) Executes or notarizes a document purporting to create an interest in, or a lien

or encumbrance against, real property, that is recorded in the office of the county

recorder in which the real property is located and who knows or has reason to know

that the document is forged or groundless, contains a material misstatement or false

claim or is otherwise invalid; or (c) Causes a document described in paragraph (a) or (b) to be recorded in the office

of the county recorder in which the real property is located and who knows or has

reason to know that the document is forged or groundless, contains a material misstatement

or false claim or is otherwise invalid, has made a false representation concerning title. 2. A person who makes a false representation concerning title in violation of subsection

1 is guilty of a category C felony and shall be punished as provided in NRS 193.130 . 3. A person who engages in a pattern of making false representations concerning title

is guilty of a category B felony and shall be punished by imprisonment in the state

prison for a minimum term of not less than 3 years and a maximum term of not more

than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment. 4. In addition to the criminal penalties imposed for a violation of this section,

any person who violates this section is subject to a civil penalty of not more than

$5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State

of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney's fees and

costs. 5. Except as otherwise provided in this subsection, the owner or holder of the beneficial

interest in real property which is the subject of a false representation concerning

title may bring a civil action in the district court in and for the county in which

the real property is located to recover any damages suffered by the owner or holder

of the beneficial interest plus reasonable attorney's fees and costs. The owner or holder of the beneficial interest in the real property must, before

bringing a civil action pursuant to this subsection, send a written request to the

person who made the false representation to record a document which corrects the false

representation. If the person records such a document not later than 20 days after the date of the

written request, the owner or holder of the beneficial interest may not bring a civil

action pursuant to this subsection. 6. As used in this section: (a) “ Encumbrance ” includes, without limitation, a lis pendens or other notice of the pendency of an

action. (b) “ Pattern of making false representations concerning title ” means one or more violations of a provision of subsection 1 committed in two or

more transactions: (1) Which have the same or similar pattern, purposes, results, accomplices, victims

or methods of commission, or are otherwise interrelated by distinguishing characteristics; (2) Which are not isolated incidents within the preceding 4 years; and (3) In which the aggregate loss or intended loss is more than $250.