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Filing A Complaint with the Nevada Mortgage Lending Division

Updated: Jan 11


The Nevada Mortgage Lending Division is a division operating under the scope of the state’s Department of Business & Industry.

Las Vegas Nevada Mortgage Lending Division


The Mortgage Lending Division oversees the licensing of mortgage brokers and agents through its office in Carson City.


However, the Division also serves the general public by reviewing and investigating complaints brought by consumers.


These complaints often involve disputes between a prospective borrower and a licensee, but can also include complaints about a business or person practicing in Las Vegas without a proper license to do so.


What happens when I submit a complaint through the Nevada Mortgage Lending Division?


The Division is responsible for handling complaints brought against not just mortgage brokers, but also against escrow agencies, their agents, and mortgage loan servicers. In a nutshell, any person or entity that is required to be licensed with the Division is subject to the Division’s jurisdiction.


The first step is to file a complaint through the Division. This can be done either through the online portal at the Division’s website at https://mld.nv.gov/Consumer/Submit_a_Complaint/ or by filling out a printable form which can be submitted to the Division either by Fax, U.S. Mail, or Email.


Consumers will be asked to provide contact information for themselves and the person or company they are making the complaint against, and will also have to describe the nature of the conflict as well as what resolution the consumer hopes to reach by filing the complaint.

What if there's allegations of a violation?


If the complaint contains allegations that a person or entity acted in violation of federal or state law, the Commissioner may refer the complaint to the appropriate law enforcement agency.


If after having conducted an investigation the complaint is upheld, under the provisions of NAC 645B.515 the Commissioner may submit a written order directing that the person or company cease and desist the activity as alleged in the complaint.


Under NAC 645B.520 For a severe violation, the Commissioner may issue an order to suspend or revoke the license of a licensee.


The subject of the complaint may request a hearing by submitting a verified petition to the Division if they wish to contest the Commissioner’s order. The person or company has 30 days from the date of receipt of the written order to request a hearing.


Alternatively, the person or company may also request an informal conference prior to the hearing for purposes of making themselves heard before the Division and possibly negotiating a resolution prior to an administrative hearing.


Indeed, it is quite common, and often desirable, for a licensee to negotiate with the Division to pay a financial penalty rather than face suspension or revocation of their license.


Under this law, landlords are required to provide tenants with written rental agreements, which outline the terms and conditions of the tenancy, including rent amount, duration, and any other important provisions. It is important for both parties to carefully review and understand the terms of the rental agreement before signing.


Here are some important aspects to consider:

Security Deposits Landlords can charge up to three months' rent as a security deposit for an unfurnished property and up to four months' rent for a furnished property. They must return the deposit within 30 days of lease termination, along with an itemized list of deductions.


Lease Agreements The lease should include terms like rent amount, due date, late fees, maintenance responsibilities, and the duration of the lease.


Rental Payments Landlords must give tenants a five-day grace period for rent payments before they can charge late fees.


Repairs and Maintenance Landlords must maintain the property to meet health and safety standards and address repairs promptly. Tenants should notify landlords of issues in writing.


Eviction If tenants fail to pay rent or violate lease terms, landlords can begin the eviction process. This typically involves providing a notice and following specific legal procedures.


Fair Housing Laws

Las Vegas follows federal fair housing laws, prohibiting discrimination. Federal fair housing laws were implemented to protect individuals from discrimination based on their race, color, religion, sex, national origin, familial status, and disability.


Las Vegas aligns with these federal laws by enacting its own fair housing statutes. This essay explores the core principles and regulations defined under Nevada fair housing laws, highlighting the state's commitment to providing equal housing opportunities for all residents.


Property Management Licensing

Property managers in Las Vegas must hold a real estate broker's license or work under a licensed property manager. They must also follow specific guidelines and regulations set by the Nevada Real Estate Division.


Make sure you're working with a qualified professional. In this state, property managers are required to hold either a real estate broker's license or work under a licensed property manager. This ensures that you and your property are in good hands.


So, whether you're looking to rent out a property or need assistance with managing your investments, be sure to choose someone who meets these requirements. It's all about peace of mind and knowing that your interests are being properly taken care of!


Property management plays a crucial role in the real estate industry, serving as a bridge between property owners and tenants. In Las Vegas, property managers have specific legal requirements that ensure their professionalism and ability to handle property-related matters efficiently.


Legal Resources

Consulting legal resources, such as the Nevada Revised Statutes (NRS) Chapter 118A governing landlord-tenant relations, and seeking advice from real estate attorneys or professional property management associations can provide deeper insights and guidance.


Remember, laws can change, and it's crucial to stay updated on any amendments or new regulations to ensure compliance and smooth property management operations. Working with legal counsel or experienced property management professionals can be immensely beneficial.


To learn more, visit Las Vegas Real Estate Attorneys or call 800-233-8521 for a free phone consultation.


 


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