Nevada CUs Score Legislative Wins, Including 'Super Priority Liens'

CARSON CITY, Nev. — The Nevada Credit Union League said it helped support and defeat several bills in the Nevada legislature that would have affected credit unions in the Silver State.

The headliner was Senate Bill 306, which was authored by Sens. Scott Hammond (R-Las Vegas) and Minority Leader Aaron Ford (D-Las Vegas). The bill will remedy a situation in which home owners associations exercised their "super priority lien" status in Nevada to foreclose on homes to collect unpaid HOA dues — in some cases wiping out hundreds of thousands of dollars in loans without giving notice to lenders.

The Nevada CU League supported SB 306, noting it was engaged for several months in negotiating a compromise with stakeholders, including homeowners associations, realtors, banks and other mortgage lenders.

SB 306 will make sure HOAs notify lien holders of delinquent HOA assessments on the homes, allowing credit unions and other lenders to remedy the delinquent HOA dues and avoid a foreclosure sale. The bill specifically requires HOAs to provide credit unions with notices when a homeowner is behind on his or her HOA assessments upon notice of default and election to sell, all prior to executing a foreclosure sale. It also offers lien holders and homeowners a redemption period to recover the property if the delinquent assessments are not paid prior to a foreclosure sale.

Nevada Gov. Brian Sandoval signed SB 306 into law.

The Nevada legislature meets every two years. With the close of the 2015 session this week, the next session will be held in 2017.

Read My Lips: No New Taxes

Another key development from this session is Gov. Sandoval passed his new revenue package to fund education in Nevada. The NCUL said the bill exempts Nevada's credit unions from the modified business tax and commerce tax, and keeps Nevada's credit unions' business license fee at $200. This bill will raise millions of dollars for educational programs and those assisting children and seniors living in poverty, as well as other at-risk groups.

The Nevada CU League hailed the defeat of Senate Bill 260 and Assembly Bill 240, which would have required credit unions to impound HOA dues in escrow accounts for all new home loans in a homeowners association, and pay HOA dues through those accounts.

The legislature passed Senate Bill 512, putting a two-year sunset on the foreclosure mediation program, which would end the program in 2017.

The Nevada CU League said it was successful in amending AB 175 to add transparency for consumers who drive for transportation network companies, such as UBER and Lyft, by requiring an additional disclosure alerting them to the fact that their car is at-risk. The company must to disclose to its drivers, in writing, that their personal automobile insurance contract may not cover physical damage done to their vehicles while they are providing services. AB 175 would additionally require drivers — with UBER, Lyft or a similar company — with a lien on their vehicle, to notify the lienholder they are using their vehicles to provide these services. AB 176 created a system for transportation network companies to be regulated by the Nevada Transportation Authority.

"This session showed credit union advocacy at its finest, with credit unions and the League doing a fantastic job during a very challenging and intense legislative session," Wally Murray, chairman of the Nevada CU League and CEO of Greater Nevada Credit Union in Carson City, said in a statement. "Our member credit unions stepped up at critical points during this session to make sure legislators are aware of our positions on key issues."

Wayne Tew, CEO of Clark County Credit Union in Las Vegas, said the legislative session, "was one of the most active I have observed. The proactive involvement of credit union CEOs, management teams, advocates, and League representatives was critical in accomplishment of credit union objectives this year."

Tew added: "I encourage all Nevada credit unions to remain politically active so we can maintain our strong relationships with those in elected office."

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