Possible Revision to AB284 Could Re-Open Floodgates of Foreclosures in Las Vegas

Assembly Bill 300, introduced by Assemblyman Jason Frierson, D-Las Vegas, was introduced in March and seeks to change a pivotal definition that is part of Nevada Assembly Bill 284.  AB284, which passed the legislature last year, was supposed to help protect homeowners from illegal foreclosures.  What it has done, however, is to slow foreclosures to a trickle, artificially raise prices throughout Las Vegas, and allow some homeowners to remain in their home for years without paying on their mortgages.  

The new bill seeks to replace the language of AB284, which requires anyone signing documents on behalf of a lender to have “personal knowledge” of who owns the promissory note on the loan with a phrase requiring those signing foreclosure documents to have knowledge that could be “obtained from reviewing business records of the beneficiary of the deed of trust and information from the county recorder or title insurance issued by an agent authorized to do business in the state,” according to the Las Vegas Review Journal’s coverage of the issue.  Assemblyman Frierson describes the proposed revisions to AB284 as a compromise that “realtors, title companies, bankers and legal aid all came together and said this would satisfy their concerns about personal knowledge.”

It will be interesting to see what the effects of the passage of AB300 could be for the housing market in Las Vegas.  It is possible that a loosening of the restrictions imposed on banks by AB284 could result in a new wave of foreclosures that drive prices back down in the valley.  Many people, including myself, have cautioned that the rapid rise in home prices we’ve seen in Las Vegas in the last year and a half could be the beginning of another real estate bubble.  Only time will tell, but if I had a house to sell in Las Vegas, I would definitely be selling it now.