Prohibition on making certain guarantees in advertisements and solicitations; limitations on payment of premium interest; penalty.
1. If a mortgage broker or mortgage agent solicits or receives money from an investor, the mortgage broker or mortgage agent shall not:
(a) In any advertisement; or
(b) Before, during or after solicitation or receipt of money from the investor,
Ę make, or cause or encourage to be made, any explicit or implicit statement, representation or promise, oral or written, which a reasonable person would construe as a guarantee that the investor will be repaid the principal amount of money he invests or will earn a specific rate of return or a specific rate of interest on the principal amount of money he invests.
2. If a mortgage broker offers to pay or pays premium interest on money that the mortgage broker receives from a person to acquire ownership of or a beneficial interest in a loan secured by a lien on real property or in full or partial payment of such a loan:
(a) The premium interest must be paid from the assets or income of the mortgage broker; and
(b) The mortgage broker or a mortgage agent shall not:
(1) In any advertisement; or
(2) Before, during or after receipt of money from such a person,
Ę make, or cause or encourage to be made, any explicit or implicit statement, representation or promise, oral or written, which a reasonable person would construe as a guarantee that the mortgage broker will pay the premium interest.
3. A person who violates any provision of this section is guilty of a misdemeanor and shall be punished as provided in NRS 645B.950.
4. As used in this section, “premium interest” means that amount of interest a mortgage broker pays to a person which exceeds the amount which is being obtained from the insured depository financial institution.
Last modified: February 27, 2006