NRS 459.646 Limitations on liability of lenders and persons with security interest in property.

283 words·~1 min read·/nv/chapter-459-hazardous-materials/459-646

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security interest in the property is not a responsible party with respect to a release of a hazardous substance on the property if:

(a)The owner of the property is relieved from liability under NRS 459.610 to 459.658 , inclusive, with respect to the release;

(b)The owner or holder of evidence of title did not cause the release; and

(c)The owner or holder of evidence of title does not participate actively in decisions concerning hazardous substances on the property.

2. A lender to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 or a lender who forecloses his or her security interest in property pursuant to NRS 40.430 to 40.450 , inclusive, or 107.080 to 107.140 , inclusive, and within a reasonable period after the foreclosure, not to exceed 2 years, sells, transfers or conveys the property to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 is not a responsible party solely as a result of:

(a)Foreclosing a security interest in the property; or

(b)Making a loan to the prospective purchaser if the loan:

(1)Is to be used for acquiring property or removing or remediating hazardous substances on property; and

(2)Is secured by the property that is to be acquired or on which is located the hazardous substances that are to be removed or remediated.