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FinancingDeeds_of_trust_as_primary_security_instrumentHARD

A Nevada real estate licensee is explaining deeds of trust to a client. Which of the following statements about Nevada deeds of trust is NOT accurate?

Correct Answer

A) The trustee is typically an agent of the beneficiary and acts exclusively in the lender's interest

Option C is NOT accurate. The trustee in a Nevada deed of trust is NOT an agent of the beneficiary and does not act exclusively in the lender's interest. The trustee is a neutral third party who holds bare legal title for the benefit of both the trustor and the beneficiary. The trustee's role is to act impartially and in accordance with the terms of the deed of trust and Nevada law (NRS Chapter 107). Acting exclusively in the lender's interest would violate the trustee's neutral fiduciary role.

Answer Options
A
The trustee is typically an agent of the beneficiary and acts exclusively in the lender's interest
B
A deed of trust is recorded in the public record and creates a lien against the property
C
Upon full repayment of the loan, the trustee reconveys title to the trustor by recording a deed of reconveyance
D
The trustor conveys bare legal title to the trustee as security for the loan

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Why the Other Options Are Wrong

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Key Terms:

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