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- 83rd Session (2025)
Assembly Bill No. 192–Assemblymember Backus
CHAPTER..........
AN ACT relating to real property; enacting the Uniform Easement
Relocation Act; enacting the Uniform Mortgage Modification
Act; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Sections 2-32 of this bill enact the Uniform Easement Relocation Act
promulgated by the U niform Law Commission in 2020. Sections 34-50 of this bill
enact the Uniform Mortgage Modification Act promulgated by the Uniform Law
Commission in 2024.
Generally, the Uniform Easement Relocation Act allows the owner of real
property burdened by certain types of easements to seek judicial approval to
relocate an easement if the relocation does not materially impair the utility of the
easement to the easement holder or the physical condition, use or value of the
benefitted property. Sections 4-21 define certain terms for the purposes of the Act.
Section 22 prohibits relocation under the Act of an easement: (1) where the holder
is a publicly regulated or publicly owned utility or a public entity; (2) which has
been set aside for certain conservation purposes; (3) which is associated with a
public road; (4) which is a negative easement that imposes a duty not to engage in a
specified use of the property; (5) if the proposed location encroaches on c ertain
land or interferes with the use or enjoyment or certain other easements ; or (6)
which is created by a declaration of a common-interest community.
Section 24: (1) requires a property owner who wishes to relocate an easement
under the Act to file a c ivil action and serve a summons and complaint on the
easement holder and certain other interested persons; and (2) sets forth the required
contents of such a complaint. Sections 23 and 25 set forth: (1) the factors a court
must consider before approving th e relocation of an easement under the Act; and
(2) the required contents of a court order approving such a relocation. If the court
approves the relocation of an easement, section 27 requires all parties to the civil
action to act in good faith to facilita te relocation. Section 26 requires the property
owner seeking to relocate an easement to bear all reasonable expenses of the
relocation.
Before proceeding with the relocation of an easement which has been approved
by a court, section 25 requires the property owner to record: (1) a certified copy of
the court order approving the relocation in the land records of each jurisdiction
where the property is located ; and (2) if the easement was established by the
recording of certain recorded maps, a certificate o f amendment to any such map.
Section 28 deems such an easement relocated upon recording of the certified court
order and any certificate of amendment which is required.
If the relocation requires the construction of an improvement as a condition for
relocation, section 28 authorizes the easement holder to continue to use the existing
easement according to the terms of the court order until the property owner sends
certain required notice that the easement holder is able to enter, use and enjoy the
easement in the new location. Specifically, once the relocation is substantially
complete and the easement holder is able to enter, use and enjoy the easement in
the new location, section 28 requires the property owner relocating the easement to:
(1) execute an af fidavit certifying that the easement has been relocated in
accordance with the order; (2) record the affidavit in the land records of each
jurisdiction in which the property is located; and (3) send a copy of the recorded
affidavit by certified mail to the easement holder and all parties to the civil action.
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Sections 29 and 30 provide that: (1) the Act does not affect any other method
of relocating an easement which is permitted under existing law; and (2) the right
of a property owner to relocate an easem ent under the Act with court approval may
not be waived, excluded or restricted by agreement even in circumstances where
the instrument which created the easement contains certain restrictions. Section 29
also provides that a relocation under the Act does not constitute a new transfer or
grant of an interest in property, and thus is not a breach or default of certain
existing agreements.
Generally, the Uniform Mortgage Modification Act establishes safe harbor
provisions for several common categories of mod ifications which are not
prejudicial to junior interest holders and which do not affect the priority of the
mortgage. Modifications which are outside the scope of the Act remain governed
by existing law applicable to those modifications. Sections 36-46 define certain
terms for the purposes of the Act. Sections 47 and 48 establish the types of
modifications to which the Act does and does not apply. Section 48 provides that,
for a modification to which the Act applies: (1) the mortgage continues to secure
the obligation as modified; (2) the priority of the mortgage is not affected by the
modification; (3) the mortgage retains its priority even if the modification is not
recorded in the land records of a jurisdiction in which the property is located; and
(4) the modification is not a novation.
Section 48 also establishes the categories of modifications to which the Act
applies, which include: (1) an extension of the maturity date of the obligation; (2) a
decrease in the interest rate; (3) certain changes in the methods of calculating
interest which do not result in an increase as calculated on the date the modification
becomes effective; (4) a capitalization of interest or other unpaid monetary
obligations; (5) a forgiveness, forbearance or other reduction of a secured debt or
other monetary obligation; (6) a modification of a requirement for maintaining
certain escrow or reserve accounts; (7) a modification of a requirement for
acquiring or maintaining insurance; (8) a modification of an existing condition to
advance funds; (9) a modification of a financial covenant; and (10) a modification
of the payment amount or schedule resulting from another modification to which
the Act applies.
Section 47 provides that the Act does not affect existing law governing the
required content of a mortgage, statutes of limitation, recording, priority of certain
liens, certain electronic transactions or the priority of certain future advances.
Section 47 also excludes certain modifications from the Act.
Sections 31 and 49 require a court to consider the uniformity of law among
jurisdictions that enact the Uniform Easement Relocation Act or the Uniform
Mortgage Modification Act in applying and construing the provisions of those
Acts. Sections 32 and 50 clarify the relation of the Uniform Easement Relocation
Act and the Uniform Mortgage Modification Act to the federal Electronic
Signatures in Global and National Commerce Act. (15 U.S.C. §§ 7001 et seq.)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 10 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 2 to 32, inclusive, of this act.
Sec. 2. This chapter may be ci ted as the Uniform Easement
Relocation Act.
Sec. 3. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 4 to 21,
inclusive, of this act, have the meanings ascribed to them in those
sections.
Sec. 4. “Appurtenant easement” means an easement tied to
or dependent on ownership or occupancy of real property.
Sec. 5. “Conservation easement” has the meaning ascribed
to the term “easement for conservation” in NRS 111.410.
Sec. 6. “Dominant estate” means an estate or interest in real
property benefitted by an appurtenant easement.
Sec. 7. “Easement”:
1. Means a nonpossessory property interest that:
(a) Provides a right to enter, use or enjoy real property owned
by or in the possession of another; and
(b) Imposes on the owner or possessor a duty not to interfere
with the entry, use or enjoyment permi tted by the instrument
creating the easement or, in the case of an easement not
established by express grant or reservation, the entry, use or
enjoyment authorized by law or prescriptive rights.
2. Includes, without limitation, a right-of-way.
Sec. 8. “Easement holder” means:
1. In the case of an appurtenant easement, the dominant
estate owner; or
2. In the case of an easement in gross, public -utility
easement, conservation easement or negative easement, the
grantee of the easement or a successor.
Sec. 9. “Easement in gross” means an easement not tied to
or dependent on ownership or occupancy of real property.
Sec. 10. “Lessee of record” means a person holding a
lessee’s interest under a recorded lease or memorandum of lease.
Sec. 11. “Negative easement” means a nonpossessory
property interest whose primary purpose is to impose on a servient
estate owner a duty not to engage in a specified use of the estate.
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Sec. 12. “Person” means an individual, estate, business or
nonprofit entity, public corporation, government or governmental
subdivision, agency or instrumentality or other legal entity.
Sec. 12.3. “Public entity” means:
1. The United States or an agency of the United States;
2. This State, a political subdivision of this State, an agency
of this State or a municipal corporation of this State;
3. A general improvement district, as defined in NRS
318.020; or
4. A special assessment district formed in accordance with the
provisions of chapter 271 of NRS.
Sec. 12.7. “Public-entity easement” means a nonpossessory
property interest in which the easement holder is a public entity.
Sec. 13. “Public-utility easement”:
1. Means a nonpossessory property interest in which the
easement holder is:
(a) A publicly regulated or publicly owned utility under federal
law or law of this State or a municipality; or
(b) A video service provider, as defined in NRS 711.151.
2. Includes an easement benefiting an intrastate utility, an
interstate utility or a utility cooperative.
Sec. 14. “Real property” means an estate or interest in, over
or under land, including structures, fixtures and other things that
by custom, usage or law pass with a conveyance of land whether
or not described or mentioned in the contract of sale or instrument
of conveyance. The term includes the interest of a lessor and
lessee.
Sec. 15. “Record” means, when used as a noun, information
that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
Sec. 16. “Security instrument” means a mortgage, deed of
trust, security deed, contract for deed, lease or other record that
creates or provides for an interest in real property to secure
payment or performance of an obligation, whether by acquisition
or retention of a lien, a lessor’s interest under a lease or title to the
real property. The term includes:
1. A security instrument that also creates or provides for a
security interest in personal property;
2. A modification or amendment of a security instrument;
and
3. A record creating a lien on real property to secure an
obligation under a covenant running with the real property.
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Sec. 17. “Security-interest holder of record” means a person
holding an interest in real property created by a recorded security
instrument.
Sec. 18. “Servient estate” means an estate or interest in real
property that is burdened by an easement.
Sec. 19. “Title evidence” means a title insurance policy,
preliminary title report or binder, title insurance commitment,
abstract of title, attorney’s opinion of title based on examination of
public records or an abstract of title or any other means of
reporting the state of title to real property which is customary in
the locality.
Sec. 20. (Deleted by amendment.)
Sec. 21. “Utility cooperative” means a nonprofit entity whose
purpose is to deliver a utility service, such as electricity, oil,
natural gas, water, sanitary sewer, storm water or
telecommunications, to its customers or members and includes an
electric cooperative, rural e lectric cooperative, rural water district
and rural water association.
Sec. 22. 1. Except as otherwise provided in subsection 2,
this chapter applies to an easement established by express grant or
reservation or by prescri ption, implication, necessity, estoppel or
other method.
2. This chapter may not be used to relocate:
(a) A public -utility easement, public-entity easement,
conservation easement, negative easement or easement associated
with a public road;
(b) An easement if the proposed location would encroach on
an area of an estate burdened by a conservation easement or
would interfere with the use or enjoyment of a public -utility
easement, public-entity easement or an easement appurtenant to a
conservation easement or a public road; or
(c) An easement created by a declaration in accordance with
the provisions of chapter 116 of NRS.
3. This chapter does not apply to relocation of an easement by
consent.
4. As used in this section, “public road” has the meani ng
ascribed to it in NRS 405.191.
Sec. 23. A servient estate owner may relocate an easement
under this chapter only if the relocation does not materially:
1. Lessen the utility of the easement;
2. After the relocation, increase the burden on the easement
holder in its reasonable use and enjoyment of the easement;
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3. Impair an affirmative, easement-related purpose for which
the easement was created;
4. During or after the relocation, impair the safety of the
easement holder or another entitled to use and enjoy the
easement;
5. During the relocation, disrupt the use and enjoyment of the
easement by the easement holder or another entitled to use and
enjoy the easement, unless the servient estate owner substantially
mitigates the duration and nature of the disruption;
6. Impair the physical condition, use or value of the dominant
estate or improvements on the dominant estate; or
7. Impair the value of the collateral of a security -interest
holder of record in the servient estate or dominant estate, impair a
real-property interest of a lessee of record in the dominant estate
or impair a recorded real -property interest of any other person in
the servient estate or dominant estate.
Sec. 24. 1. To obtain an order to relocate an easement
under this chapter, a servient estate owner must commence a civil
action.
2. A servient estate owner that commences a civil action
under subsection 1:
(a) Shall serve a summons and complaint on:
(1) The easement holder whose easement is the subject of
the relocation;
(2) A security-interest holder of record of an interest in the
servient estate or dominant estate;
(3) A lessee of record of an interest in the dominant estate;
and
(4) Except as o therwise provided in paragraph (b), any
other owner of a recorded real -property interest if the relocation
would encroach on an area of the servient estate or dominant
estate burdened by the interest; and
(b) Is not required to serve a summons and complai nt on the
owner of a recorded real -property interest in oil, gas or minerals
unless the interest includes an easement to facilitate oil, gas or
mineral development.
3. A complaint under this section must state:
(a) The intent of the servient estate owne r to seek the
relocation;
(b) The nature, extent and anticipated dates of commencement
and completion of the proposed relocation;
(c) The current and proposed locations of the easement and
any improvements to be included in the relocated easement;
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(d) The reason the easement is eligible for relocation under
section 22 of this act;
(e) The reason the proposed relocation satisfies the conditions
for relocation under section 23 of this act; and
(f) That the servient estate owner has made a reasonable
attempt to notify the holders of any public-utility easement, public-
entity easement, conservation easement or negative easement on
the servient estate or dominant estate of the proposed relocation.
4. At any time before the court renders a final order in an
action under subsection 1, a person served under subparagraph
(2), (3) or (4) of paragraph (a) of subsection 2 may file a
document, in recordable form, that waives its rights to contest or
obtain relief in connection with the relocation or subordinates its
interests to the relocation. On filing of the document, the court
may order that the person is not required to answer or participate
further in the action.
Sec. 25. 1. The court may not approve relocation of an
easement under this chapter unless the servient estate owner:
(a) Establishes that the easement is eligible for relocation
under section 22 of this act; and
(b) Satisfies the conditions for relocation under section 23 of
this act.
2. An order under this chapter approving relocation of an
easement must:
(a) State that the order is issued in accordance with this
chapter;
(b) Recite the recording data of the instrument creating the
easement, if any, and any amendments;
(c) Identify the immediately preceding location of the
easement;
(d) Describe in a legally sufficient manner the new loc ation of
the easement;
(e) Describe mitigation required of the servient estate owner
during relocation;
(f) Refer in detail to the plans and specifications of
improvements necessary for the easement holder to enter, use and
enjoy the easement in the new location;
(g) Specify conditions to be satisfied by the servient estate
owner to relocate the easement and construct improvements
necessary for the easement holder to enter, use and enjoy the
easement in the new location;
(h) Include a provision for paym ent by the servient estate
owner of expenses under section 26 of this act;
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(i) Include a provision for compliance by the parties with the
obligation of good faith under section 27 of this act; and
(j) Instruct the servient estate owner to record an affidavit, if
required under subsection 1 of section 28 of this act, when the
servient estate owner substantially completes relocation.
3. An order under subsection 2 may include any other
provision con sistent with this chapter for the fair and equitable
relocation of the easement.
4. Before a servient estate owner proceeds with relocation of
an easement under this chapter, the owner must:
(a) Record, in the land records of each jurisdiction where the
servient estate is located, a certified copy of the order under
subsection 2; and
(b) If the easement was established by the recording of a
recorded subdivision map, record of survey, parcel map, map of
division into large parcels or reversionary map, record a certificate
of amendment to the recorded subdivision map, record of survey,
parcel map, map of division into large parcels or reversionary
map, as applicable. If a public entity is required to sign an
amended map, the public entity shall sign the am endment in
compliance with any order under subsection 2.
5. If a servient estate owner is required to record a certificate
of amendment pursuant to paragraph (b) of subsection 4:
(a) The servient estate owner is not required to provide notice
of the ame ndment or obtain signatures on the amendment of the
other property owners within the mapped area; and
(b) The applicable land use authority is not required to hold a
public hearing or consider the amendment in a public meeting, if
relocation of the easeme nt is the only amendment to the recorded
subdivision map, record of survey, parcel map, map of division
into large parcels or reversionary map.
Sec. 26. A servient estate owner is responsible for reasonable
expenses of relocation of an easement under this chapter,
including the expense of:
1. Constructing improvements on the servient estate or
dominant estate in accordance with an order under section 25 of
this act;
2. Removing and demolishing any existing improvemen ts on
the dominant estate in accordance with an order under section 25
of this act;
3. Any liability or damages incurred by the easement holder
arising out of the relocation of the easement, including, without
limitation, expenses relating to environment al investigation,
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remediation, restoration or reclamation and any reasonable
attorney’s fees associated with the liability or damages incurred by
the easement holder;
4. Any cleanup, removal, repair, remediation, detoxification
or restoration required by a public entity;
5. During the relocation, mitigating disruption in the use and
enjoyment of the easement by the easement holder or another
person entitled to use and enjoy the easement;
6. Obtaining a governmental approval or permit to relocate
the easement and construct necessary improvements;
7. Preparing and recording the certified copy required by
subsection 4 of section 25 of this act and any other document
required to be recorded;
8. Any title work required to complete the relocation or
required by a party to the civil action as a result of the relocation;
9. Applicable premiums for title insurance related to the
relocation;
10. Any expert necessary to review plans and specifications
for an improvement to be constructed in the relocated e asement or
on the dominant estate and to confirm compliance with the plans
and specifications referred to in the order under paragraph (f) of
subsection 2 of section 25 of this act;
11. Payment of any maintenance cost associated with the
relocated easeme nt which is greater than the maintenance cost
associated with the easement before relocation; and
12. Obtaining any third-party consent required to relocate the
easement.
Sec. 27. After the court, under section 25 of this act,
approves relocation of an easement and the servient estate owner
commences the relocation, the servient estate owner, the easement
holder and other parties in the civil action shall act in good faith
to facilitate the relocation in compliance with this chapter.
Sec. 28. 1. If an order under section 25 of this act requires
the construction of an improvement as a condition for relocation
of an easement, relocation is substantially complete and the
easement holder is able to enter, use and enjoy the easement in the
new location, the servient estate owner shall:
(a) Record, in the land records of each jurisdiction where the
servient estate is located, an affidavit certifying that the easement
has been relocated in accordance with the order and any
certificate of amendment required under subsection 4 of sec tion
25 of this act; and
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(b) Send, by certified mail, a copy of the recorded affidavit to
the easement holder and all parties to the civil action.
2. Until an affidavit under subsection 1 is recorded and sent,
the easement holder may enter, use and enjo y the easement in the
current location, subject to the court’s order under section 25 of
this act approving relocation.
3. If an order under section 25 of this act does not require an
improvement to be constructed as a condition of the relocation,
recording the order and any certificate of amendment required
under subsection 4 of section 25 of this act constitutes relocation.
Sec. 29. 1. Relocation of an easement under this chapter:
(a) Is not a new transfer or a new grant of an interest in the
servient estate or the dominant estate;
(b) Is not a breach or default of, and does not trigger, a due -
on-sale clause or other transfer-restriction clause under a security
instrument, except as otherwise determined by a court u nder law
other than this chapter;
(c) Is not a breach or default of a lease, except as otherwise
determined by a court under law other than this chapter;
(d) Is not a breach or default by the servient estate owner of a
recorded document affected by the r elocation, except as otherwise
determined by a court under law other than this chapter;
(e) Does not affect the priority of the easement with respect to
other recorded real -property interests burdening the area of the
servient estate where the easement wa s located before the
relocation; and
(f) Is not a fraudulent conveyance or voidable transaction
under law.
2. This chapter does not affect any other method of relocating
an easement permitted under law of this state other than this
chapter.
Sec. 30. The right of a servient estate owner to relocate an
easement under this chapter may not be waived, excluded or
restricted by agreement even if:
1. The instrument creating the easement prohibits relocation
or contains a waiver, exclusion or restriction of this chapter;
2. The instrument creating the easement requires consent of
the easement holder to amend the terms of the easement; or
3. The location of the easement is fixed by the instrument
creating the easement, anothe r agreement, previous conduct,
acquiescence, estoppel or implication.
Sec. 31. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of
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the law with respect to its subjec t matter among the states that
enact it.
Sec. 32. This chapter modifies, limits or supersedes the
Electronic Signatures in Global and National Commerce Act, 15
U.S.C. §§ 7001 et seq., but does not modify, limit or supersede
section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize
electronic delivery of any of the notices described in section 103(b)
of that act, 15 U.S.C. § 7003(b).
Sec. 33. Title 9 of NRS is hereby amended by adding thereto a
new chapter to consist of the provisions set forth as sections 34 to
50, inclusive, of this act.
Sec. 34. This chapter may be cited as the Uniform Mortgage
Modification Act.
Sec. 35. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 36 to 46,
inclusive, of this act, have the meanings ascribed to them in those
sections.
Sec. 36. “Electronic” means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic or
similar capabilities.
Sec. 37. “Financial covenant” means an undertaking to
demonstrate an obligor’s creditworthiness or the adequacy of
security provided by an obligor.
Sec. 38. “Modification” includes change, amendment,
revision, correction, addition, supplementation, elimination,
waiver and restatement.
Sec. 39. 1. “Mortgage” means an agreement that creates a
consensual interest in real property to secure payment or
performance of an obligation, regardless of:
(a) How the agreement is denominated, including a mortgage,
deed of trust, trust deed, security deed, indenture and deed to
secure debt; and
(b) Whether the agreement also creates a security interest in
personal property; and
2. The term does not include an agreement that creates a
consensual interest to secure a liability owed by a unit owner to a
condominium association, owners’ association or cooperative
housing association for association dues, fees or assessments.
Sec. 40. “Mortgage modification” means modification of:
1. A mortgage;
2. An agreement that creates an obligation, including a
promissory note, loan agreement or credit agreement; or
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3. An agreement that creates other security or credit
enhancement for an obligation, including an assignment of leases
or rents or a guaranty.
Sec. 41. “Obligation” means a debt, duty or other liability,
secured by a mortgage.
Sec. 42. “Obligor” means a person that:
1. Owes payment or performance of an obligation;
2. Signs a mortgage; or
3. Is otherwise accountable, or whose property serves as
collateral, for payment or performance of an obligation.
Sec. 43. “Person” means an individual, estate, business or
nonprofit entity, government or governmental subdivision, agency
or instrumentality, or other legal entity.
Sec. 44. “Recognized index” means an index to which
changes in the interest rate may be linked that is:
1. Readily available to, and verifiable by, the obligor; and
2. Beyond the control of the person to whom the obligation is
owed.
Sec. 45. “Record” means, when used as a noun,
information:
1. Inscribed on a tangible medium; or
2. Stored in an electronic or other medium and retrievable in
perceivable form.
Sec. 46. “Sign” means, with present intent to authenticate or
adopt a record:
1. Execute or adopt a tangible symbol; or
2. Attach to or logically ass ociate with the record an
electronic symbol, sound or process.
Sec. 47. 1. Except as provided in subsection 3, this chapter
applies to a mortgage modification.
2. This chapter does not affect:
(a) Law governing the required content of a mortgage;
(b) A statute of limitations or other law governing the
expiration or termination of a right to enforce an obligation or a
mortgage;
(c) A recording statute;
(d) A statute governing the priority of a tax lien or other
governmental lien;
(e) A statute of frauds or the provisions of chapter 719 of NRS;
or
(f) Except as provided in paragraph (h) of subsection 2 of
section 48 of this act, law governing the priority of a future
advance.
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3. This chapter does not apply to any of the following
modifications:
(a) A release of, or addition to, property encumbered by a
mortgage;
(b) A release of, addition of, or other change in an obligor; or
(c) An assignment or other transfer of a mortgage or an
obligation.
Sec. 48. 1. For a mortgage modification described in
subsection 2:
(a) The mortgage continues to secure the obligation as
modified;
(b) The priority of the mortgage is not affected by the
modification;
(c) The mortgage retains its priority regardless of whether a
record of the mortgage modification is recorded in the land
records of a jurisdiction in which the property is located; and
(d) The modification is not a novation.
2. Subsection 1 applies to one or more of the following
mortgage modifications:
(a) An extension of the maturity date of an obligation;
(b) A decrease in the interest rate of an obligation;
(c) If the change does not result in an increase in the interest
rate of an obligation as calculated on the date the modificatio n
becomes effective:
(1) A change to a different index that is a recognized index
if the previous index to which changes in the interest rate were
linked is no longer available;
(2) A change in the differential between the index and the
interest rate;
(3) A change from a floating or adjustable rate to a fixed
rate; or
(4) A change from a fixed rate to a floating or adjustable
rate based on a recognized index;
(d) A capitalization of unpaid interest or other unpaid
monetary obligation;
(e) A forgiveness, forbearance or other reduction of principal,
accrued interest or other monetary obligation;
(f) A modification of a requirement for maintaining an escrow
or reserve account for payment of an obligation, including taxes
and insurance premiums;
(g) A modification of a requirement for acquiring or
maintaining insurance;
(h) A modification of an existing condition to advance funds;
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(i) A modification of a financial covenant; and
(j) A modification of the payment amount or schedule
resulting from another modification described in this subsection.
3. The effect of a mortgage modification not described in
subsection 2 is governed by other law.
Sec. 49. In applying and construing this uniform act, a court
shall consider the promotion of uniformity of the law among
jurisdictions that enact it.
Sec. 50. This chapter modifies, limits or supersedes the
Electronic Signatures in Global and National Commerce Act, 15
U.S.C. §§ 7001 et seq., but does not modify, limit or supersede
section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize
electronic delivery of any of the notices described in section 103(b)
of that act, 15 U.S.C. § 7003(b).
Sec. 51. 1. Sections 1 to 32, inclusive, of this act apply to an
easement created before, on, or after October 1, 2025.
2. Sections 33 to 50, inclusive, of this act apply to a mortgage
modification made on or after October 1, 2025, regardless of when
the mortgage or the obligation was created.
3. As used in this section:
(a) “Easement” has the meaning ascribed to it in section 7 of this
act.
(b) “Mortgage” has the meaning ascribed to it in section 39 of
this act.
(c) “Mortgage modification” has the meaning ascribed to it in
section 40 of this act.
(d) “Obligation” has the meaning ascribed to it in section 41 of
this act.
20 ~~~~~ 25