Nevada 2023 Regular Session

Nevada Assembly Bill AB284

Introduced
3/14/23  
Refer
3/14/23  
Report Pass
4/3/23  
Engrossed
4/13/23  
Refer
4/13/23  
Report Pass
5/22/23  

Caption

Authorizes the business of a mortgage company to be conducted from a remote location under certain circumstances. (BDR 54-941)

Impact

The bill amends existing provisions concerning the operation of mortgage companies under Nevada Revised Statutes (NRS) Chapter 645B. One significant change is the exemption of remote locations from the requirement to keep physical records, thus allowing for a more streamlined approach to record-keeping as organizations adapt to digital processes. This shift is expected to have positive implications for the mortgage industry, which has seen a rise in remote work, particularly due to the COVID-19 pandemic, by enabling companies to attract and retain talent without geographical constraints.

Summary

Assembly Bill 284, introduced by Assemblywoman Kasama, authorizes mortgage company employees, including mortgage loan originators, to conduct their business from a remote location under specific circumstances. This bill aims to adapt to changing work environments and modernize the operations of mortgage companies by allowing flexibility in where their employees can work. Under the new regulations, a remote location can include an employee's residence but requires that the mortgage company maintain stringent oversight and supervisory policies to comply with existing laws. Importantly, employees cannot engage with clients in person at their remote locations unless these locations are licensed as business premises.

Sentiment

The sentiment around AB284 has been largely supportive among stakeholders in the mortgage industry. Advocates commend the bill for providing necessary flexibility and recognition of remote work's viability, which aligns with contemporary workplace trends. However, there are concerns regarding the effectiveness of oversight and adherence to cybersecurity protocols, as remote operations inherently carry risks associated with data security and client confidentiality. Critics also express apprehension about whether sufficient regulatory measures will be established to safeguard these new operations.

Contention

Key points of contention revolve around the adequacy of measures put in place to protect customer information and ensure compliance with industry standards. While the bill mandates the creation of a comprehensive written security plan covering cybersecurity protocols, questions remain on enforcement and the capacity of the Commissioner of Mortgage Lending to regulate a significantly larger array of business operations conducted from remote locations. Additionally, the prohibition on in-person client interaction at remote sites raises discussions about accessibility and service quality, which some fear could impact customer relations negatively.

Companion Bills

No companion bills found.

Previously Filed As

NV HB2325

MORTGAGE LOANS-REMOTE LOCATION

NV HB3487

MORTGAGE LOANS-REMOTE LOCATION

NV HB993

Mortgage brokers and lenders; authorize to perform organization activities at a remote location.

NV SB2508

Mortgage brokers and lenders; authorize to perform organization activities at a remote location.

NV SB1492

Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act; authorizing certain licensees to work remotely under certain conditions. Effective date.

NV HB2389

Mortgage lending and brokerage entities; definitions remote location requirements.

NV SB2639

Consumer Finance Licensees; allow to work from a remote location under certain circumstances.

NV SB495

Modifying certain terms, definitions, deadlines and provisions contained in the uniform consumer credit code and transferring certain mortgage provisions from the uniform consumer credit code to the Kansas mortgage business act.

NV HB2812

Modifying certain terms, definitions, deadlines and provisions contained in the uniform consumer credit code and transferring certain mortgage provisions from the uniform consumer credit code to the Kansas mortgage business act.

NV SB355

Revises provisions relating to commerce. (BDR 55-59)

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