NRS645E.150. Exemptions for certain persons and entities.

  Except as otherwise provided in NRS 645E.160, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant thereto or other applicable law, the provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      3.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his or her duties as an attorney at law.

      5.  A real estate broker rendering services in the performance of his or her duties as a real estate broker.

      6.  Any person doing any act under an order of any court.

      7.  Any one natural person, or husband and wife, who provides money for investment in commercial loans secured by a lien on real property, on his or her own account, unless such a person makes a loan secured by a lien on real property using his or her own money and assigns all or a part of his or her interest in the loan to another person, other than his or her spouse or child, within 3 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.

      8.  A natural person who only offers or negotiates terms of a residential mortgage loan:

      (a) With or on behalf of an immediate family member of the person; or

      (b) Secured by a dwelling that served as the person’s residence.

      9.  Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System.

      10.  A seller of real property who offers credit secured by a mortgage of the property sold.

      11.  A nonprofit agency or organization:

      (a) Which provides self-help housing for a borrower who has provided part of the labor to construct the dwelling securing the borrower’s loan;

      (b) Which does not charge or collect origination fees in connection with the origination of residential mortgage loans;

      (c) Which only makes residential mortgage loans at an interest rate of 0 percent per annum;

      (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling; and

      (e) Which does not profit from the sale of a dwelling to a borrower.

      12.  A housing counseling agency approved by the United States Department of Housing and Urban Development.

      (Added to NRS by 1999, 3746; A 2003, 3559; 2007, 959; 2009, 1557; 2011, 3625)