(REPRINTED WITH ADOPTED AMENDMENTS)
"                    FIRST REPRINT       S.B. 455" 


    Senate Bill No. 455--Committee on Judiciary

                    May 5, 1995
                 _____________


        Referred to Committee on Judiciary


SUMMARY--Makes various changes to provisions 
          governing real property. (BDR 9-1006)

FISCAL NOTE:  Effect on Local Government: Yes.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to real property; requiring a beneficiary of a deed of 
        trust to mail or send by facsimile machine certain statements 
        regarding the deed of trust to the grantor of the deed of 
        trust if those statements are requested by the grantor; 
        authorizing the beneficiary to impose a fee for the issuance 
        of those statements; requiring the beneficiary of certain 
        deeds of trust to deliver to the trustee a request for a 
        partial reconveyance of the estate in real property if the 
        debts secured by those deeds of trust have been partially 
        discharged; requiring a judgment creditor to record an 
        affidavit of renewal to renew an unpaid judgment which has 
        been recorded; authorizing a party to an escrow agreement to 
        collect damages from the other party to the agreement if he 
        refuses to execute a document necessary to release the money 
        deposited in escrow under certain circumstances; providing a 
        penalty; and providing other matters properly relating 
        thereto.

     THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
                AND ASSEMBLY, DO ENACT AS FOLLOWS:



  Section 1.  Chapter 107 of NRS is hereby 
amended by adding thereto the provisions set forth as 
sections 2 to 17, inclusive, of this act.
  Sec. 2.  \As used in this chapter:
  1.  "Facsimile machine" means a device which receives and 
copies a reproduction or facsimile of a document or 
photograph which is transmitted electronically or 
telephonically by telecommunications lines.
  2.  "Title insurer" has the meaning ascribed to it in NRS 
692A.070.
  \\Sec. 3.  \The provisions of section 15 of this 
act do not apply to deeds of trust insured by the Federal 
Housing Administrator or guaranteed by the Secretary of 
Veterans Affairs.
  \\Sec. 4.  \Except as otherwise provided in 
section 7 of this act, the beneficiary of a deed of trust 
secured on or after October 1, 1995, shall, within 21 days 
after receiving a request from a person authorized to make 
such a request pursuant to section 6 of this act, cause to 
be mailed, postage prepaid or sent by facsimile machine to 
that person a statement regarding the debt secured by the 
deed of trust. The statement must include:
  1.  The amount of the unpaid balance of the debt secured 
by the deed of trust, the rate of interest on the unpaid 
balance and the total amount of principal and interest which 
is due and has not been paid.
  2.  The amount of the periodic payments, if any, required 
under the note.
  3.  The date the payment of the debt is due.
  4.  The period for which real estate taxes and special 
assessments have been paid, if that information is known to 
the beneficiary.
  5.  The amount of property insurance covering the real 
property and the term and premium of that insurance, if that 
information is known to the beneficiary.
  6.  The amount in an account, if any, maintained for the 
accumulation of money for the payment of taxes and insurance 
premiums.
  7.  The amount of any additional charges, costs or 
expenses paid or incurred by the beneficiary which is a lien 
on the real property described in the deed of trust.
  8.  Whether the debt secured by the deed of trust may be 
transferred to a person other than the grantor.
  \\Sec. 5.  \Except as otherwise provided in 
sections 7 and 8 of this act, the beneficiary of a deed of 
trust secured on or after October 1, 1995, shall, within 21 
days after receiving a request from a person authorized to 
make such a request pursuant to section 6 of this act, cause 
to be mailed, postage prepaid or sent by facsimile machine 
to that person a statement of the amount necessary to 
discharge the debt secured by the deed of trust. The 
statement must set forth:
  1.  The amount of money necessary to discharge the debt 
secured by the deed of trust on the date the statement is 
prepared by the beneficiary; and
  2.  The information necessary to determine the amount of 
money required to discharge the debt on a per diem basis for 
a period, not to exceed 30 days, after the statement is 
prepared by the beneficiary.
  \\Sec. 6.  \1.  A statement described in section 
4 or 5 of this act may be requested by:
  (a) The grantor of, or his successor in interest in, the 
property which is the subject of the deed of trust;
  (b) A person who has a subordinate lien or encumbrance of 
record on the property which is secured by the deed of 
trust;
   (c) A title insurer; or
  (d) An authorized agent of any person described in 
paragraph (a), (b) or (c).
A written statement signed by any person described in 
paragraph (a), (b) or (c) which appoints a person to serve 
as his agent if delivered personally to the beneficiary or 
delivered by mail, return receipt requested, is proof of the 
identity of an agent.
  2.  For the purposes of paragraph (a) of subsection 1, a 
policy of title insurance, preliminary report issued by a 
title company, certified copy of letters testamentary or 
letters of guardianship, or an original or photographic copy 
of a deed, if delivered personally to the beneficiary or 
delivered by mail, return receipt requested, is proof of the 
identity of a successor in interest of the grantor, if the 
person demanding the statement is named as successor in 
interest in the document.
  \\Sec. 7.  \A beneficiary may, before mailing a 
statement described in section 4 or 5 of this act, require 
the person who requested the statement to prove that he is 
authorized to request that statement pursuant to section 6 
of this act. If the beneficiary requires such proof, he must 
mail the statement within 21 days after he receives that 
proof from the requester.
  \\Sec. 8.  \If the debt secured by a deed of 
trust for which a statement described in section 5 of this 
act has been requested is subject to a recorded notice of 
default or a filed complaint commencing a judicial 
foreclosure, the beneficiary may refuse to deliver the 
statement unless the written request for the statement is 
received before the publication of a notice of sale or the 
notice of the date of sale established by a court.
  \\Sec. 9.  \1.  A person who receives a statement 
pursuant to section 4 or 5 may rely upon the accuracy of the 
information contained in the statement. If the beneficiary 
notifies the person who requested the statement of any 
amendment to the statement, the amended statement may be 
relied upon by that person in the same manner as the 
original statement.
  2.  If notification of an amendment to a statement is not 
given in writing, a written amendment to the statement must 
be delivered to the person who requested the original 
statement not later than the next business day after 
notification.
  3.  If a statement prepared by the beneficiary pursuant to 
section 4 of this act does not contain the entire amount 
necessary to discharge the debt secured by the deed of trust 
and:
  (a) A transaction has occurred which has resulted in the 
transfer of title or recordation of a lien; or
  (b) A trustee's sale or a sale supervised by a court has 
taken place,
the beneficiary may recover that money as an unsecured debt 
of the grantor pursuant to the terms of the note.\\
  Sec. 10.  \If a person who is authorized 
pursuant to section 6 of this act to request a statement 
described in section 4 or 5 of this act includes in his 
request for such a statement a request for a copy of the 
note or deed of trust, the beneficiary shall mail a copy of 
the note or deed of trust with the statement at no 
additional charge.
  \\Sec. 11.  \If the beneficiary has more than one 
place of business, a request for a statement described in 
section 4 or 5 of this act must be made to the address to 
which the periodic payments under the note are made. If no 
periodic payments are made under the note, the request must 
be mailed to the address of the beneficiary listed on the 
note or deed of trust.
  \\Sec. 12.  \Except as otherwise provided in a 
statement described in section 4 or 5 of this act, the 
information contained in the statement applies only to the 
debt secured by the deed of trust which is payable at the 
address to which the periodic payments are made. If periodic 
payments are not made under the note, the statement applies 
only to the entire debt secured by the deed of trust.
  \\Sec. 13.  \If a person requests a statement 
described in section 4 or 5 of this act and it is not clear 
from the request which statement is requested, the request 
shall be deemed a request for a statement of the amount 
necessary to discharge the debt secured by a deed of trust.
  \\Sec. 14.  \1.  A beneficiary who willfully 
fails to deliver a statement requested pursuant to section 
4 or 5 of this act within 21 days after it is requested is 
liable to the person who requested the statement in an 
amount of $300 and any actual damages suffered by the person 
who requested the statement. 
  2.  A judgment awarded to a person who requested a 
statement pursuant to section 4 or 5 of this act for failure 
to deliver a statement bars recovery of damages for any 
other failure to deliver that statement pursuant to a demand 
made within 6 months before or after the demand for which 
the judgment was awarded.
  3.  As used in this section, "willfully" means an 
intentional failure to comply with the requirements of 
section 4 or 5 of this act without just cause.
  \\Sec. 15.  \The beneficiary may charge a fee of 
not more than $60 for each statement furnished pursuant to 
section 4 or 5 of this act.\\
  Sec. 16.  \1.  If a deed of trust made on or 
after October 1, 1995, authorizes the grantor to discharge 
in part the debt secured by the deed of trust and the deed 
of trust authorizes a partial reconveyance of the estate in 
real property in consideration of a partial discharge, the 
beneficiary shall, within 21 calendar days after receiving 
notice that the debt secured by the deed of trust has been 
partially discharged deliver to the trustee a properly 
executed request for a partial reconveyance of the estate in 
real property conveyed to the trustee by the grantor.
  2.  Within 45 calendar days after a debt secured by a deed 
of trust made on or after October 1, 1995, is partially 
discharged and a properly executed request for a partial 
reconveyance is received by the trustee, the trustee shall 
cause to be recorded a partial reconveyance of the deed of 
trust.
  3.  If the beneficiary fails to deliver to the trustee a 
properly executed request for a partial reconveyance 
pursuant to subsection 1, or if the trustee fails to cause 
to be recorded a partial 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 heirs or assigns in the amount of $100, plus a 
reasonable attorney's fee and the costs of bringing the 
action, and he is liable in a civil action to any party to 
the deed of trust for any actual damages caused by his 
failure to comply with the provisions of this section and 
for a reasonable attorney's fee and the costs of bringing 
the action.
  4.  Except as otherwise provided in this subsection, if a 
partial reconveyance is not recorded pursuant to subsection 
2 within 75 calendar days after the partial satisfaction of 
the debt, if the satisfaction was made on or after October 
1, 1995, a title insurer may prepare and cause to be 
recorded a partial release of the deed of trust. At least 30 
calendar days before the recording of a partial release 
pursuant to this subsection, the title insurer shall mail, 
by first-class mail, postage prepaid, notice of the 
intention to record the partial 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 partial release prepared and recorded 
pursuant to this subsection shall be deemed a partial 
reconveyance of a deed of trust. The title insurer shall not 
cause a partial release to be recorded pursuant to this 
subsection if the title insurer receives written 
instructions to the contrary from the trustee, trustor, 
owner of the land, holder of the escrow or owner of the debt 
secured by the deed of trust or his 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 partially discharged;
  (e) The date and amount of partial payment or other 
partial satisfaction or discharge;
  (f) The name and address of the title insurer issuing the 
partial release; and
  (g) The legal description of the estate in real property 
which is reconveyed.
  6.  A partial 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 partial 
reconveyance or partial 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 partial payment or partial 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 partial 
release of a deed of trust pursuant to this section is 
liable for actual damages and a reasonable attorney's fee to 
any person who is injured because of the improper 
recordation of the partial release.
  9.  Any person who willfully violates this section is 
guilty of a misdemeanor.
  \\Sec. 17.  \Notwithstanding any other provision 
of law, a deed of trust given to secure a loan made to 
purchase the real property on which the deed of trust is 
given has priority over all other liens created against the 
purchaser before he acquires title to the real 
property.\\
  Sec. 18.  NRS 107.077 is hereby amended to 
read as follows:
  107.077  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 he 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 
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 heirs or 
assigns in the sum of $100, plus a reasonable attorney's fee 
and the costs of bringing the action, and he is liable in a 
civil action to any party to the deed of trust for any 
actual damages caused by his failure to comply with the 
provisions of this section and for a reasonable attorney's 
fee 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]\ 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 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 a reasonable attorney's fee 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.
  [10.  As used in this section, "title insurer" has the 
meaning ascribed to it in NRS 692A.070.]
  Sec. 19.  NRS 108.665 is hereby amended to 
read as follows:
  108.665  1.  A lien for charges owed to a hospital may be 
foreclosed by a suit in the district court in the same 
manner as an action for foreclosure of any other lien.
  2.  The lien may not be foreclosed during the:
  (a) Lifetime of the owner of the property, his spouse, his 
dependent adult child if that child is mentally or 
physically disabled or a joint tenant if he was a joint 
tenant at the time of the patient's discharge; or
  (b) Minority of any child of the owner,
if the owner or joint tenant resides on the property, or his 
spouse, dependent or minor child resides on the property and 
has acquired title thereto.
  \3.  If the hospital does not file a suit to 
foreclose the lien within 2 years after the date the notice 
of lien is recorded by the hospital, the lien is 
extinguished.\\
  Sec. 20.  NRS 17.150 is hereby amended to read 
as follows:
  17.150  1.  Immediately after filing a judgment roll the 
clerk shall make the proper entries of the judgment, under 
appropriate heads, in the docket kept by him, noting thereon 
the hour and minutes of the day of such entries.
  2.  A transcript of the original docket or an abstract or 
copy of any judgment or decree of a district court of the 
State of Nevada or the District Court or other court of the 
United States in and for the District of Nevada, the 
enforcement of which has not been stayed on appeal, 
certified by the clerk of the court where the judgment or 
decree was rendered, may be recorded in the office of the 
county recorder in any county, and when so recorded it 
becomes a lien upon all the real property of the judgment 
debtor not exempt from execution in that county, owned by 
him at the time, or which he may afterward acquire, until 
the lien expires. The lien continues for 6 years 
[from]\ after\\ the date the judgment or decree was 
docketed, and is continued each time the judgment or decree 
is renewed, unless:
  (a) The enforcement of the judgment or decree is stayed on 
appeal by the execution of a sufficient undertaking as 
provided in the Nevada Rules of Appellate Procedure or by 
the Statutes of the United States, in which case the lien of 
the judgment or decree and any lien by virtue of an 
attachment that has been issued and levied in the actions 
ceases;
  (b) The judgment is for arrearages in the payment of child 
support, in which case the lien continues until the judgment 
is satisfied;
  (c) The judgment is satisfied; or
  (d) The lien is otherwise discharged.
The time during which the execution of the judgment is 
suspended by appeal, action of the court or defendant must 
not be counted in computing the time of expiration.
  3.  The abstract described in subsection 2 must contain 
the:
  (a) Title of the court and the title and number of the 
action;
  (b) Date of entry of the judgment or decree;
  (c) Names of the judgment debtor and judgment creditor;
  (d) Amount of the judgment or decree; and
  (e) Location where the judgment or decree is entered in 
the minutes or judgment docket.\
  4.  A judgment creditor who records a judgment or decree 
shall record at that time an affidavit stating:
  (a) The name and address of the judgment debtor;
  (b) The judgment debtor's driver's license number and 
state of issuance or the judgment debtor's social security 
number; and
  (c) The judgment debtor's date of birth,
if known to the judgment creditor. If any of the information 
is not known, the affidavit must include a statement of that 
fact.
  \\Sec. 21.  NRS 17.214 is hereby amended to read 
as follows:
  17.214  1.  A judgment creditor or his successor in 
interest may renew a judgment which has not been paid by 
[filing] \:
  (a) Filing\\ an affidavit with the clerk of the court 
where the judgment is entered and docketed, within 90 days 
before the date the judgment expires by limitation. The 
affidavit must specify:
  [(a)] \(1)\\ The names of the parties and the 
name of the judgment creditor's successor in interest, if 
any, and the source and succession of his title;
  [(b)] \(2)\\ If the judgment is recorded, the 
name of the county and the number and the page of the book 
in which it is recorded;
  [(c)] \(3)\\ The date and the amount of the 
judgment and the number and page of the docket in which it 
is entered;
  [(d)] \(4)\\ Whether there is an outstanding writ 
of execution for enforcement of the judgment;
  [(e)] \(5)\\ The date and amount of any payment 
on the judgment;
  [(f)] \(6)\\ Whether there are any setoffs or 
counterclaims in favor of the judgment debtor and the amount 
or, if a setoff or counterclaim is unsettled or undetermined 
it will be allowed as payment or credit on the judgment;
  [(g)] \(7)\\ The exact amount due on the 
judgment;
  [(h)] \(8)\\ If the judgment was docketed by the 
clerk of the court upon a certified copy from any other 
court, and an abstract recorded with the county clerk, the 
name of each county in which the transcript has been 
docketed and the abstract recorded; and
  [(i)] \(9)\\ Any other fact or circumstance 
necessary to a complete disclosure of the exact condition of 
the judgment.
All information in the affidavit must be based on the 
personal knowledge of the affiant, and not upon information 
and belief.
  \(b) If the judgment is recorded, recording the 
affidavit of renewal in the office of the county recorder in 
which the original judgment is filed within 3 days after the 
affidavit of renewal is filed pursuant to paragraph 
(a).\\
  2.  The filing of the affidavit renews the judgment to the 
extent of the amount shown due in the affidavit.
  3.  The judgment creditor or his successor in interest 
shall notify the judgment debtor of the renewal of the 
judgment by sending a copy of the affidavit of renewal by 
certified mail, return receipt requested, to him at his last 
known address within 3 days after filing the affidavit.
  4.  Successive affidavits for renewal may be filed within 
90 days before the preceding renewal of the judgment expires 
by limitation.
  Sec. 22.  NRS 247.120 is hereby amended to 
read as follows:
  247.120  1.  Each county recorder shall, upon the payment 
of the described statutory fees, record separately, in a 
manner which will allow a legible copy to be made, the 
following specified instruments in large, well-bound 
separate books, either sewed or of insertable leaves which 
when placed in the book cannot be removed:
  (a) Deeds, grants, patents issued by the State of Nevada 
or by the United States, transfers and mortgages of real 
estate, releases of mortgages of real estate, powers of 
attorney to convey real estate, and leases of real estate 
which have been acknowledged or proved.
  (b) Certificates of marriage and marriage contracts.
  (c) Wills admitted to probate.
  (d) Official bonds.
  (e) Notice of mechanics' liens.
  (f) Transcripts of judgments [,] which by law are made 
liens upon real estate in this state [.] \and 
affidavits of renewal of those judgments.\\
  (g) Notices of attachment upon real estate.
  (h) Notices of the pendency of an action affecting real 
estate, the title thereto, or the possession thereof.
  (i) Instruments describing or relating to the separate 
property of married persons.
  (j) Notice of preemption claims.
  (k) Notices and certificates of location of mining claims.
  (l) Affidavits of proof of annual labor on mining claims.
  (m) Affidavits of intent to hold mining claims recorded 
pursuant to subsection 3 of NRS 517.230.
  (n) Certificates of sale.
  (o) Judgments or decrees.
  (p) Declarations of homesteads.
  (q) Such other writings as are required or permitted by 
law to be recorded.
  2.  Each of the instruments named in paragraph (a) of 
subsection 1 may be recorded in separate books in the 
discretion of the county recorder.
  3.  Before accepting for recording any instrument 
enumerated in subsection 1, the county recorder may require 
a copy suitable for recording by a method used by the 
recorder to preserve his records. Where any rights [might] 
\may\\ be adversely affected because of 
\a\\ delay in recording caused by this requirement, 
the county recorder shall accept the instrument 
conditionally subject to submission of a suitable copy at a 
later date. The provisions of this subsection do not apply 
where it is impossible or impracticable to submit a more 
suitable copy.
  Sec. 23.  NRS 627.200 is hereby amended to 
read as follows:
  627.200  Any lender desiring to use the services of a 
construction control shall first obtain the written assent 
of the borrower specifying by name the construction control 
to be used. The lender and borrower shall [then] be deemed 
to have appointed [such] \that\\ construction 
control as their agent for the particular construction loan 
for which its services are requested [;] and the acts of the 
construction control [shall be] \are\\ binding upon 
the lender and borrower severally. If a related construction 
control or the employee or agent of a related construction 
control, or a lender acting as a construction control or any 
employee or agent of [such] \a\\ lender acting as a 
construction control, violates any of the provisions of this 
chapter, otherwise than as the result of a good faith error 
in mathematical computation, then:
  1.  With respect to a particular loan subject to 
construction control, the construction control and the 
lender shall each, jointly and severally, be liable for 
payment of any [and all] mechanic's liens filed against the 
premises subject to construction [and arising out of any] 
\to the extent that such a lien is the result of 
a\\ violation of any provision of this chapter.
  2.  Any mechanic's lien claimant damaged by the violation 
of any provision of this chapter may jointly or severally 
proceed with an action on the bond referred to in NRS 
627.180, and the rights and remedies under [such] 
\the\\ bond or lien claims and any direct right of 
action against the lender or construction control [shall be] 
\are\\ cumulative, and the lien claimant prevailing 
in any such action [shall be] \is\\ entitled 
to reasonable [attorneys']\ attorney's\\ fees.
  Sec. 24.  Chapter 645A of NRS is hereby 
amended by adding thereto the provisions set forth 
as sections 25 and 26 of this act.
  Sec. 25.  \1.  Except as otherwise provided in 
subsection 2 or in the escrow agreement between the parties 
and the holder of the escrow, upon the close of an escrow 
for the sale of real property or on the date the escrow is 
scheduled to close if it has not closed, each party shall 
execute the documents necessary to release the money 
deposited in the escrow. 
  2.  A party may refuse to execute a document necessary to 
release the money deposited in the escrow only if a good 
faith dispute exists concerning that money.
  3.  If a party refuses to execute a document necessary to 
release the money deposited in the escrow within 30 days 
after the holder of the escrow makes a written request for 
the execution, the party injured by the other party's 
failure to execute the document may collect from that party:
  (a) Actual damages of not less than $100 nor more than 1 
percent of the purchase price of the real property for which 
the money was deposited in the escrow, whichever is greater;
  (b) The money deposited in the escrow which was not held 
to resolve a good faith dispute concerning the sale of the 
property; and
  (c) A reasonable attorney's fee.
  \\Sec. 26.  \1.  If an action is filed to recover 
money deposited in an escrow established for the sale of 
real property, the holder of the escrow may deposit the 
money, less any fees or charges owed to the holder of the 
escrow, with the court in which the action is filed.
  2.  A holder of an escrow who complies with the provisions 
of subsection 1 is discharged from further responsibility 
for the money which he deposits with the court.
  3.  This section does not limit the right of the holder of 
the escrow to bring an action for interpleader pursuant to 
N.R.C.P. 22 to determine the rightful claimant of the money 
deposited in the escrow.\\

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