Nevada Revised Statutes

Nev. Rev. Stat. § 205.395 (2026)

False representation concerning title; penalties; civil action

✓ current as of July 2026
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NRS 205.395  False representation concerning title; penalties; civil action.

      1.  Every person who:

      (a) Claims an interest in, or a lien or encumbrance against, real property in a document that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid;

      (b) Executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real property, that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid; or

      (c) Causes a document described in paragraph (a) or (b) to be recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid,

Ê has made a false representation concerning title.

      2.  A person who makes a false representation concerning title in violation of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  A person who engages in a pattern of making false representations concerning title is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      4.  In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

      5.  Except as otherwise provided in this subsection, the owner or holder of the beneficial interest in real property which is the subject of a false representation concerning title may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs. The owner or holder of the beneficial interest in the real property must, before bringing a civil action pursuant to this subsection, send a written request to the person who made the false representation to record a document which corrects the false representation. If the person records such a document not later than 20 days after the date of the written request, the owner or holder of the beneficial interest may not bring a civil action pursuant to this subsection.

      6.  As used in this section:

      (a) “Encumbrance” includes, without limitation, a lis pendens or other notice of the pendency of an action.

      (b) “Pattern of making false representations concerning title” means one or more violations of a provision of subsection 1 committed in two or more transactions:

             (1) Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;

             (2) Which are not isolated incidents within the preceding 4 years; and

             (3) In which the aggregate loss or intended loss is more than $250.

      [1911 C&P § 441; RL § 6706; NCL § 10394]—(NRS A 2011, 338, 1748; 2015, 1358)

     

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 2017–2024 · leading case: Rh Kids, LLC v. Mtc Fin., 367 F. Supp. 3d 1179 (D. Nev. 2019).
Rh Kids, LLC v. Mtc Fin., 367 F. Supp. 3d 1179 (D. Nev. 2019). · cites it 6× “Finally, RH Kids contends that the Foreclosure Bar cannot preempt Nevada criminal statutes such as NRS § 205.395, which prohibits false representations concerning title-a statute it alleges Bank of America has violated.”
U.S. Bank v. Sfr Investments Pool 1, LLC, 987 F.3d 858 (9th Cir. 2021). “080 (2011); NRS 205.395 (2011). In response to these new rules, lenders brought fewer foreclosure actions.”
Ronald Williams v. Nat'l Default Servicing Co, 708 F. App'x 376 (9th Cir. 2017). “See Nev. Rev. Stat. §§ 205.395 (1), (5) (2015) (defining false representations concerning title and setting forth requirements for bringing a civil action).”
Citimortgage, Inc. v. Trp Fund Vi, LLC (Nev. 2019). “/Reno Arnold & Porter Kaye Scholer LLP Eighth District Court Clerk 4We decline to address respondent's argument that appellant violated NRS 205.395 because it was not timely raised and not cogently argued before this court.”
Citimortgage, Inc. v. Trp Fund Vi, LLC (Nev. 2019). “/Reno Arnold & Porter Kaye Scholer LLP Eighth District Court Clerk 4We decline to address respondent's argument that appellant violated NRS 205.395 because it was not timely raised and not cogently argued before this court.”
Premier One Holdings, Inc. Vs. Bank Of Am., N.A. (Nev. 2021). “—9414"trita"7"" Parraguirre A-ki2s , J. 1/41C:64,A) J Stiglich Silver cc: Hon. Nancy L.”
Tahican, LLC v. Eighth Jud. Dist. Ct., 140 Nev. Adv. Op. No. 2 (Nev. 2024). “NRS 205.395, ln sum, we conclude that the lis pendens statutes adequately account for and protect against any potential abuses.”
RH Kids, LLC v. Nat'l Default Servicing Corp. (D. Nev. 2023). “Its complaint refers 26 to defendant’s “statutory obligations pursuant to NRS 205.395” and requests a declaratory judgment related to defendant’s “violation of the applicable provisions of NRS Chapters 107, 27 106, and/or 205.”
Clark v. US Bank Nat'l Ass'n (D. Nev. 2024). “22 NRS 205.395. This statute falls under Chapter 205 of the Nevada Revised Statutes, which 23 is titled “Crimes Against Property” and refers specifically to “false representation concerning 24 title.”
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