645E.291 - Supervision of mortgage agents by mortgage banker; requirements; regulations.
645E.291 Supervision of mortgage agents by mortgage banker; requirements; regulations.
1. A mortgage banker shall exercise reasonable supervision over the activities of his or her mortgage agents and must also be licensed as a mortgage agent if required pursuant to NRS 645B.405. Such reasonable supervision must include, as appropriate:
(a) The establishment of written or oral policies and procedures for the mortgage agents;
(b) The establishment of a system to review, oversee and inspect the activities of the mortgage agents, including, without limitation:
(1) Transactions handled by the mortgage agents pursuant to this chapter;
(2) Communications between the mortgage agents and a party to such a transaction;
(3) Documents prepared by the mortgage agents that may have a material effect upon the rights or obligations of a party to such a transaction; and
(4) The handling by the mortgage agents of any fee, deposit or money paid to the mortgage banker or the mortgage agents or held in trust by the mortgage banker or the mortgage agents pursuant to this chapter; and
(c) The establishment of a system of reporting to the Division of any fraudulent activity engaged in by any of the mortgage agents.
2. The Commissioner shall allow a mortgage banker to take into consideration the total number of mortgage agents associated with or employed by the mortgage broker when the mortgage broker determines the form and extent of the policies and procedures for those mortgage agents and the system to review, oversee and inspect the activities of those mortgage agents.
3. The Commissioner may adopt regulations prescribing standards for determining whether a mortgage broker has exercised reasonable supervision over the activities of a mortgage agent pursuant to this section.
(Added to NRS by 2009, 2687)