Nevada Supreme Court Opinions
Cases Interpreting Nevada Law
Edelstein
128nevadvopno48.pdf
Holt v. Regional Trustee Services Corp.     Thursday, 15 December 2011
After a denial of a FM Certificate, a foreclosing entity can institute a new foreclosure action
Preliminary Injunctions - Real Property - Claim Preclusion
Foreclosure Mediation Rules
127nevadvopno80.pdf
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Walters v. Dist. Ct.     Thursday, 13 October 2011
NRS Chapter 40 for seeking a deficiency judgment based upon a breach of guaranty.  
127nevadvopno66.pdf
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Daane v. Dist. Ct.     Thursday, 29 September 2011
Foreclosure Mediation
127nevadvopno59.pdf
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Leyva v. National Default Servicing Corp.     Thursday, 07 July 2011
A homeowner, even if he or she is not the named mortgagor, is a proper party entitled to request mediation following a notice of default.
A party is considered to have fully complied with the statute and rules only upon production of all documents required.
Required Sanctions
127nevadvopno40.pdf
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Pasillas v. HSBC Bank USA     Thursday, 07 July 2011
A lender commits sanctionable offenses when it does not produce documents and does not have someone present at the mediation with the authority to modify the loan, as set forth in the applicable statute, NRS 107.086, and the Foreclosure Mediation Rules (FMRs).
The district court shall not direct the program administrator to certify the mediation to allow the foreclosure process to proceed until the parties have fully complied with the statute and rules governing foreclosure mediation.
A party’s failure to comply with these requirements (documents and person with authority to negotiate) is an offense subject to sanctions by the district court.
127nevadvopno39.pdf
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