NRS645B.048. Action on bond: Procedure; limitation of time; duties of Commissioner; preliminary payment by surety; action for interpleader; payment.

      1.  Any person claiming against a bond may bring an action in a court of competent jurisdiction on the bond for damages to the extent covered by the bond. A person who brings an action on a bond shall notify the Commissioner in writing upon filing the action. An action may not be commenced after the expiration of 3 years following the commission of the act on which the action is based.

      2.  Upon receiving a request from a person for whose benefit a bond is required, the Commissioner shall notify the person:

      (a) That a bond is in effect and of the amount of the bond; and

      (b) If there is an action against the bond, the title, court and case number of the action and the amount sought by the plaintiff.

      3.  If a surety wishes to make payment without awaiting action by a court, the amount of the bond must be reduced to the extent of any payment made by the surety in good faith under the bond. Any payment must be based on written claims received by the surety before any action is taken by a court.

      4.  The surety may bring an action for interpleader against all claimants upon the bond. If it does so, it shall publish notice of the action at least once each week for 2 weeks in every issue of a newspaper of general circulation in the county where the mortgage broker has its principal place of business. The surety may deduct its costs of the action, including attorney’s fees and publication, from its liability under the bond.

      5.  Claims against a bond have equal priority, and if the bond is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the mortgage broker for the unpaid balance.

      (Added to NRS by 2009, 745)