Thursday, November 19, 2009

Nevada Law Firm Sues State Over Loan Modification Licensing & Bonding Requirements For Its Non-Attorney Employees

In Clark County, Nevada, the Las Vegas Sun reports:
  • A law firm active in Henderson and Las Vegas is suing the state over rules requiring licensing of non-attorney employees working on mortgage loan modifications.
    Cogburn Law Offices LLC filed suit last week in Clark County District Court against the Department of Business and Industry, Division of Mortgage Lending.

***

  • The suit says that attorneys were specifically excluded when the Nevada Legislature passed a bill this year regulating loan modification companies and firms assisting with short sales and deeds in lieu of foreclosures. But now, the Mortgage Lending Division has imposed rules requiring staff members associated with or employed by attorneys to be licensed, the suit charges. "Such regulation not only enlarges the scope of (the law), but attempts to govern and regulate the practice of law by forcing employees of an attorney to be licensed and governed by the Nevada Mortgage Lending Division," the lawsuit charges. [...] Cogburn is seeking a court declaration that its legal staff and employees are exempt from licensing, including provisions requiring they be bonded and take continuing education classes.

For more, see Law firm sues state over mortgage modification licensing.