Surety bonds: Action on bond.

1. Subject to the requirements of this section, any person claiming against a surety bond may bring an action in a court of competent jurisdiction on the bond for damages to the extent covered by the bond. 2. A claim filed pursuant to subsection 1 may only be filed against a mortgage servicer by the loan servicing customers of the mortgage servicer or the Commissioner. 3. Claims against a bond by a loan servicing customer may only involve mortgage loans secured by a mortgage loan in this State. The amount of the claim must not exceed the actual fees paid by the loan servicing customer, overcharges or misapplication of principal and interest, and excess escrow collections charged by the mortgage servicer and paid by the claimant to the mortgage servicer or the agent of the mortgage servicer. 4. A claim on a bond may not be commenced after the expiration of 3 years following the commission of the act upon which the claim is based. 5. The Commissioner may file a claim against a bond for the payment of fines or fees due and payable to the Commissioner. A claim filed by the Commissioner is subordinate to any claim filed by a loan servicing customer of the mortgage servicer. 6. As used in this section, “loan servicing customer” has the same meaning ascribed to “borrower” in NAC 645F.933 .