NRS111.870. Creation before May 20, 2011; recordation; amendment; failure to record.

      1.  The payee under a private transfer fee obligation that was created before May 20, 2011, shall, on or before July 31, 2012, record in the office of the county recorder of the county in which the real property that is subject to the private transfer fee obligation is located a notice which includes:

      (a) The title “Notice of Private Transfer Fee Obligation” in not less than 14-point boldface type;

      (b) The legal description of the real property;

      (c) The amount of the private transfer fee or the method by which the private transfer fee must be calculated;

      (d) If the real property is residential property, the amount of the private transfer fee that would be imposed on the sale of a home for $100,000, the sale of a home for $250,000 and the sale of a home for $500,000;

      (e) The date or circumstances under which the private transfer fee obligation expires, if any;

      (f) The purpose for which the money received from the payment of the private transfer fee will be used;

      (g) The name, address and telephone number of the payee; and

      (h) If the payee is:

             (1) A natural person, the notarized signature of the payee; or

             (2) An entity, the notarized signature of an authorized officer or employee of the entity.

      2.  Upon any change in the information set forth in the notice described in subsection 1, the payee may record an amendment to the notice.

      3.  If the payee fails to comply with the requirements of subsection 1:

      (a) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation; and

      (b) The payee is subject to the liability described in NRS 111.880.

      4.  Any person with an interest in the real property that is subject to the private transfer fee obligation may record in the office of the county recorder of the county in which the real property is located an affidavit which:

      (a) States that the affiant has actual knowledge of, and is competent to testify to, the facts set forth in the affidavit;

      (b) Sets forth the legal description of the real property that is subject to the private transfer fee obligation;

      (c) Sets forth the name of the owner of the real property as recorded in the office of the county recorder;

      (d) States that the private transfer fee obligation was created before May 20, 2011, and specifies the date on which the private transfer fee obligation was created;

      (e) States that the payee under the private transfer fee obligation failed on or before July 31, 2012, to record in the office of the county recorder of the county in which the real property that is subject to the private transfer fee obligation is located a notice which complies with the requirements of subsection 1; and

      (f) Is signed by the affiant under penalty of perjury.

      5.  When properly recorded, the affidavit described in subsection 4 constitutes prima facie evidence that:

      (a) The real property described in the affidavit was subject to a private transfer fee obligation that was created before May 20, 2011;

      (b) The payee under the private transfer fee obligation failed on or before July 31, 2012, to record in the office of the county recorder of the county in which the real property that was subject to the private transfer fee obligation is located a notice which complies with the requirements of subsection 1; and

      (c) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation.

      (Added to NRS by 2011, 318)