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That news, though, did not result from a reversal of fortune in the Nevada housing market. It was spawned by a new Nevada law that plays hardball with companies doing the foreclosing.Assembly Bill 284, which took effect in October, requires those foreclosing on a home to file an affidavit proving they have the right to bring the action — and it increases civil and criminal penalties for using fraudulent documents in a foreclosure.The new law was an attempt "to close any loopholes that a criminal element likes to find," Nevada Atty. Gen. Catherine Cortez Masto said. But it also has forced banks and other companies in the foreclosure business to back off, at least temporarily.

Weeks after the new law went into effect, Masto announced what may be the first criminal charges to result from widespread revelations last year that banks used faulty means to foreclose on delinquent borrowers.A Clark County grand jury in November indicted two Southern California title officers on a combined 606 felony and misdemeanor counts, alleging the two headed a vast "robo-signing" operation in which tens of thousands of foreclosure documents were fraudulently filed in the Las Vegas area.Nevada has been one of the states hit hardest by the housing bust.

"This is real important stuff because it asserts that bank employees and companies that work for banks actually have to follow the law, and if they break the law, they can be indicted," said Kurt Eggert, a Chapman University law professor.
Las Vegas residents have seen the worst home-price declines of any major metro area in the nation; prices are down 60% from the August 2006 peak, according to the Standard & Poor's/Case-Shiller index. Vegas also had the highest foreclosure rate of any major U.S. city for 22 months until October.

About 58% of Nevada homeowners are underwater on their homes, which means they owe more on their mortgages than the current values of their property. That is the highest percentage nationwide, according to CoreLogic, a Santa Ana mortgage data tracker."I understand the frustration," said Masto, who is part of that group.The 75% month-over-month decline in Nevada foreclosure activity was in notices of default, the first step taken by a lender seeking to repossess a house.The latest figures also show that Las Vegas now ranks below Stockton, Modesto, the Vallejo-Fairfield area in Northern California and the Inland Empire for the highest foreclosure rate, measured by the number of total foreclosure filings per housing unit in the area.

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