Nos. ADKT 435.Supreme Court of Nevada.
September 28, 2009.
ORDER AMENDING FORECLOSURE MEDIATION RULES AND ADOPTINGFORMS
JAMES W. HARDESTY, Chief Justice.
WHEREAS on June 30, 2009, this court adopted rules for the foreclosure mediation program established by AB 149, and
WHEREAS, this court determined that it was necessary to consider technical amendments to the rules and the adoption of proposed forms to be used in the implementation of the program, and
WHEREAS, this court conducted public hearings on the proposed amendments and forms on September 1, 2009, and
WHEREAS, this court has concluded that amendment of the rules and the adoption of the forms is warranted, accordingly,
IT IS HEREBY ORDERED that the Foreclosure Mediation Rules are amended as set forth in Exhibit A.
IT IS FURTHER ORDERED that the proposed forms set forth in Exhibit B are adopted.
IT IS FURTHER ORDERED that these rules shall be effective immediately. The clerk of this court shall cause a notice of entry of this order to be published in the State Bar of Nevada’s official publication. The clerk shall publish this order by disseminating copies of it to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court that she has accomplished the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rules.
Dated this 28th day of September, 2009.
RON D. PARRAGUIRRE
MICHAEL A. CHERRY
MICHAEL L. DOUGLAS
NANCY M. SAITTA
EXHIBIT A FORECLOSURE MEDIATION RULES I. SCOPE OF RULES Rule 1. The Foreclosure Mediation Program.
1. Authority and scope. Pursuant to the jurisdictional authority provided by Chapter 107 of the Nevada Revised Statutes and the Nevada Supreme Court’s inherent power to create rules for the efficient administration of justice, these rules are enacted to apply to the mediation of any owner-occupied residential foreclosure arising from the recording of a notice of default and election to sell on or after July 1, 2009.
2. Purpose. The purpose of these rules is to provide for the orderly, timely, and cost-effective mediation of owner-occupied residential foreclosures which shall take place within 90 days after the recording of the notice of default and election to sell. The Foreclosure Mediation Program will permit deed of trust beneficiaries (lenders) and homeowners, with the assistance of a mediator, to exchange information and proposals that may avoid foreclosure.
3. Availability of program. Subject to limited exceptions set forth in Rule 5 hereafter, the Foreclosure Mediation Program is mandatory when the grantor or person who holds title of record of an owner-occupied residence timely requests mediation.
Rule 2. Mediation Administrator. The Mediation Administrator (Administrator) shall be appointed by the Court or its designee. The Administrator may appoint staff, including a Mediation Supervisor, to assist in the administration of the program. When the efficient administration of the program warrants, the Administrator may contract for training and other mediation-related services.
Rule 3. Presiding Mediator. A foreclosure mediation may be conducted by either a senior judge, Supreme Court settlement conference judge, or other person designated by the Supreme Court.
1. Assignment of presiding mediator. No later than 10 days after receipt of [notification of an election for foreclosuremediation] the Election for Mediation, as provided in Rule 5(4)(b), the Administrator or designee shall randomly select and assign from the applicable geographic area a mediator to preside over the mediation. [The Administrator shall notify the selectedmo diator and the parties to the mediation of the mediator’sappointment.]The assigned mediator will have 2 business days after receiving the assignment to determine and notify the Administrator of a conflict requiring his or her recusal. Upon such notification, the Administrator shall immediately and randomly select another mediator to conduct the mediation. The Administrator may direct a mediator to cluster several mediations for a lender Upon final selection of a mediator, the Administrator shall send notice of the assignment to the parties.
2. Panel of mediators. The Administrator shall maintain a list of mediators by geographic area available to hear foreclosure mediations. The list shall include all senior judges, Supreme Court settlement conference judges, and other designees who are appointed by the Court to serve as presiding mediators in the Foreclosure Mediation Program and are qualified pursuant to subsection 3.
3. Mediator qualifications.
(a) Mediators must meet the following minimum qualifications:
(1) Be authorized to practice law in the State of Nevada; or
(2) Be an experienced mediator. For purposes of subsection 3, an experienced mediator shall mean an individual who has participated in a mediation training program consisting of at least 40 hours of classroom and role playing and has conducted 10 mediations as a co-mediator or sole mediator.
(b) Additionally, all mediators must participate in a training program of at least 4 hours consisting of education in mortgages, deeds of trust, promissory notes, loan modifications, Nevada foreclosure laws, and such other topics as determined necessary by the Court.
(c) The Court, for good cause shown, may waive the minimum requirements set forth herein.
4. Appointment of mediators.
(a) The Administrator, or designee, shall solicit and provide the Court with the names and qualifications of persons who have applied to become mediators. The Court shall review the qualifications and approve, deny, or continue the applicant’s request to serve as a mediator. The term of appointment shall be 1 year.
(b) The Administrator shall receive all affidavits and issue all certificates as may be required herein. The list of court-approved mediators shall be maintained by the Administrator.
5. Authority. The presiding mediator shall have all requisite authority to conduct a foreclosure mediation. The mediator shall timely schedule a mediation and notify the Administrator of the outcome of each mediation.
Rule 4. Conduct, Disqualification, and Recusal.
1. Any mediator appointed pursuant to these rules is subject t Canons 1, 2, 3(B)2-6, 3(B)12, 3(C), and 3(D) of the Nevada Code of Judicial Conduct as adopted or amended by the Supreme Court of Nevada.
2. A mediator who [would be disqualified for any reasonthat would disqualify a judge under the Nevada Code of JudicialConduct] has a personal or past or present professional relationship with any of the parties or a financial interest in the matter of the mediation shall immediately recuse himself or herself as a mediator in the particular case.
II. PARTICIPATION IN THE FORECLOSURE MEDIATIONPROGRAM Rule 5. Eligibility for the Foreclosure Mediation Program.
1. The program applies to any grantor or person who holds the title of record and is the owner-occupant of a residence as to which a notice of default and election to sell has been recorded on or after July 1, 2009.
2. Owner-occupied housing means housing that is occupied by an owner as his or her primary residence. This term does not include any time-share or other property regulated under NRS Chapter 119A.
3. All grantors or persons who hold the title of record who have timely elected to participate in the program may do so and are herein referenced as the eligible participants, except where:
(a) The grantor or the person who holds title of record has previously surrendered the real property that is the subject of the foreclosure proceedings, as evidenced by a letter signed by the grantor or the person who holds title of record confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust, or the mortgagee, or an authorized agent of any of these recipients; or
(b) A petition in bankruptcy under Chapters 7, 11, 12, or 13 of Title 11 of the United States Code has been filed with respect to the grantor or the person who holds title of record on or after July 1, 2009, and the bankruptcy court has not entered an order closing or dismissing the case, or granting relief from the automatic stay of the foreclosure.
4. Any trustee or other person presenting a notice of default and election to sell for recording in the Office of a County Recorder shall, no later than 10 days from presenting the Notice of Default for filing:
(a) Send by certified or registered mail, return receipt requested, to the grantor or person who holds title of record of an owner-occupied residence, two copies of the Election of Mediation and instructions, on a form provided by the Administrator and the other pre-addressed to the Trustee, in addition to the documents required to be sent to the homeowner under NRS 107.080; and
(b) Mail or submit to the Administrator a copy of the Trustee’s Information on a form provided by the Administrator.
5. The mediation process under these rules shall be initiated by the preparation and delivery of an Election of Mediation by a grantor or person who holds title of record of an owner-occupied residence on a form provided by the Administrator and payment of the fee required by Rule 14 herein.
(a) The eligible participant shall, not later than 30 days after the service upon him or her in the manner required by NRS 107.080 of the notice of default and election to sell, complete the Election/Waiver of Mediation Form and deliver the form to the trustee, by certified mail, return receipt requested. The eligible participant shall also mail a copy of the Election/Waiver of Mediation to the Administrator.
(b) The trustee shall, within 10 days of the receipt of the Election of Mediation, deposit with the Administrator [aConsent to Mediation on a form provided by the Administrator,together with] the signed Election of Mediation, the name and address of the beneficiary of the deed of trust, a copy of the recorded Notice of Default and the fees required in Rule 14 herein. Any delay by the trustee in notifying the Administrator of an Election of Mediation shall extend the time for mediation set forth in Rule 1(2).
[5.] 6. Failure by any eligible participant to timely deliver an Election of Mediation to the trustee or to attend and participate at a mediation scheduled
under these rules shall result in the Administrator issuing a certificate stating no mediation is required.
[6.] 7. (a) All beneficiaries of a deed of trust sought to be foreclosed against an eligible participant who has timely delivered an Election of Mediation shall participate in the Foreclosure Mediation Program, be represented at all times during a mediation by a person or persons who have the authority to modify the loan secured by the deed of trust sought to be foreclosed, and bring to the mediation the original or a certified copy of the deed of trust, the mortgage note, and each assignment of the deed of trust and the mortgage note.
[(a)] (b) The eligible participant and lender representatives with authority to modify the underlying loan shall be physically present or, if approved by the mediator for good cause shown, may participate in the mediation by phone.
[(b)] (c) Unless extended for good cause
by the presiding mediator or Administrator, the mediation shall be conducted within 90 days of the recording of the notice of default and election to sell. Upon the completion of the mediation, the mediator shall prepare the Mediator’s Statement in accordance with Rule 12 herein.
[(e)] (d) For purposes of this rule, a certified copy of the original mortgage note, deed of trust, and each assignment of the deed of trust and mortgage note is only satisfied when the mediator receives a statement under oath signed before a notary public that must include:
(1) The name, address, capacity, and authority of the person making the certification;
(2) The person making the certification is in actual possession of the original mortgage note, deed of trust, and each assignment of the mortgage note and deed of trust; and
(3) The attached copy of the mortgage note, deed of trust, and each assignment of the mortgage note and deed of trust are a true and correct copy of the original mortgage note, deed of trust, and assignment of the deed of trust in the possession of the person making the certification.
[(d)] (e) In the event of the loss or destruction of the original mortgage note, deed of trust, or assignment of the mortgage note or deed of trust, the mediator shall recognize a judicial order entered pursuant to NRS 104.3309 providing for the enforcement of a lost, destroyed, or stolen instrument.
[(e)] (f) A party to the mediation may file a petition for judicial review with the district court in the county where the notice of default was properly recorded seeking a determination of bad faith participation and sanctions pursuant to NRS Chapter 107 as amended. All such petitions shall be filed within 15 days of the date of the mediator’s statement and shall be reviewed by the district court within 60 days of the service of the petition in accordance with the Nevada Rules of Civil Procedure, [and] NRS Chapter 107, and any local rule or administrative order adopted by a judicial district to adjudicate such petitions.
Rule 6. Option for Inclusion. For any owner-occupied property located in Nevada where a Notice of Default is recorded prior to July 1, 2009, the grantor or person who holds the title of record (eligible participant) and the
beneficiary of the deed of trust may agree in writing to enter the Foreclosure Mediation Program governed by NRS Chapter 107 and these rules. Notice and a copy of the agreement must be provided to the Administrator. If the Administrator in his or her discretion accepts the stipulation for mediation, the Administrator will notify the parties who shall, within 10 days, forward the fees required in Rule 14 herein to the Administrator. Upon acceptance of the mediation and receipt of the required fees, the Administrator shall appoint a mediator and the mediation process shall be conducted within 10 business days. [Subject to the approval of theAdministrator, the mediation process shall be conducted with theappointment of a mediator within 10 days of the Administrator’sacceptance of the parties agreement to mediate.]
III. MEDIATION PROCEDURES Rule 7. Documents to Be Presented for the Mediation. In addition to the documents set forth in Rule 5, the parties shall prepare such papers and provide to the mediator, and exchange the items required to be exchanged, using the most expeditious method available, at least 7 days prior to the mediation, and such other documents or estimates as the mediator may later direct, but which at a minimum shall include the following:
1. The homeowner shall prepare a Financial Statement and Housing Affordability Worksheet to include the information set forth in forms provided by the Administrator.
2. The beneficiary of the deed of trust or its representative shall produce [the most current and appropriate appraisalsthat it has] an appraisal done no more than 60 days before the commencement date of the mediation with respect to the real property that is the subject of the notice of default and shall prepare an estimate of the “short sale” value of the residence that it may be willing to consider as a part of the negotiation if loan modification is not agreed upon.
3. Both parties to the mediation shall prepare and submit to the mediator under confidential cover a nonbinding proposal for resolving the foreclosure. Additionally, the beneficiary of the deed of trust shall, under confidential cover, provide to the mediator the evaluative methodology used in determining the eligibility or noneligibility of the grantor or the person who holds the title of record for a loan modification.
Rule 8. Settlement Before Mediation. In the event the foreclosure issues are resolved before the scheduled mediation, the parties must, no later than 2 days prior to the scheduled mediation date, advise the mediator of their settlement. Any settlement will not result in the refund of fees.
Rule 9. Calendaring. Unless otherwise stipulated by the parties and approved by the presiding mediator, or for good cause shown, a mediation will be calendared to commence no later than 10 days prior to the 90th day following the[service] recording of the notice of default, pursuant to NRS 107.080.
Rule 10. Continuances. No request for a continuance of a mediation scheduled in the Foreclosure Mediation Program may be granted, except
upon a showing of extraordinary circumstances. A motion for a continuance must be in writing, served on the presiding mediator and opposing party, and set forth the extraordinary circumstances with particularity. A ruling by the presiding mediator granting a continuance must state the nature of the extraordinary circumstances and provide at least 3 dates within the ensuing 10 days when the parties can conduct the mediation. The presiding mediator will then calendar the case for mediation on one of the specified date and provide the Administrator with notice of the new mediation date and the reasons for the granting of the continuance.
Conflicts in the schedule of counsel shall not constitute extraordinary circumstances.
Rule 11. Location of Mediation. The presiding mediator shall designate the location, time, and place for the mediation in coordination with the parties and shall [notify theAdministrator of the same] notify the parties in writing and forward a copy of the Mediation Scheduling Notice to the Administrator. Upon request from the presiding mediator, the Administrator shall assist in designating a location for the mediation.
Rule 12. Time Limits and Mediator’s Statement.
1. Unless extended by the presiding mediator, the parties will be allowed a total of 4 hours to present and conclude the mediation.
2. Within 10 days after the conclusion of the mediation, the mediator must file with the Administrator and serve on all parties a copy of the Mediator’s Statement on a form provided by the Administrator.
Rule 13. Interpreter Services. Any party requiring interpreter services is responsible for contacting, scheduling, and insuring an interpreter is present for the mediation. The interpreter’s compensation is the responsibility of the party requesting the service. The Administrator shall maintain a list of interpreters qualified to interpret in mediations. The list must be made available to the presiding mediator and parties.
Rule 14. Fees for Presiding Mediators. Mediators shall be compensated in the amount of $400, paid equally by the parties unless otherwise stipulated. Each party must pay its respective fee ($200) at the entry point into the Foreclosure Mediation Program. Payment by the grantor or person who holds title of record must occur by cashier check, money order, or, when available, electronic payment, or from an attorney’s trust account. The payment is nonrefundable. The Administrator may, at his or her sole discretion, accept the entry fee of $200 paid by any party to enter the program.
Rule 15. Deposits; Failure to Pay. If a party to a mediation fails to pay the $200 toward the mediator’s fee, the mediation may be terminated and relief awarded to the nondefaulting party, as may be deemed appropriate.
Rule 16. Confidentiality. All documents and discussions presented during the mediation shall be deemed confidential and, except in an action to review a petition for judicial review for sanctions under these rules, shall be presumed to be inadmissible in any subsequent actions or proceedings. Nothing contained herein shall prevent the disclosure of such limited information by the mediator or parties as required by NRS Chapter 107.
EXHIBIT B STATE OF NEVDA FORECLOSURE MEDIATION PROGRAM TRUSTEE INFORMATION FORM
INSTRUCTIONS Any Trustee filing a Notice of Default for recording with aCounty Recorder on any property in Nevada 011 or after July 1, 2009.must submit a copy of this form together with a copy of the Noticeof Default and all other documents required under the State ofNevada Foreclosure Mediation Program to be served on the Homeownerto the Administrative Office of the Courts at the address listedbelow within ten (10) days of filing the Notice of Default forrecording.
State of Nevada Foreclosure Mediation Program Administrative Office of the Courts 201 S. Canon Street, Suite 109 Carson City, NV 89701
Homeowner’s Name(s): _____________________________
DATE THE NOTICE OF DEFAULT WAS SUBMITTED TO THE COUNTY RECORDER FOR FILING:
Further information concerning, the Foreclosure Mediation Program, together with all necessary forms, can be located at: www.nevadajudiciary.us
ELECTION/WAIVER OF MEDIATION FORM (To be filled out by Trustee)
***ATTENTION — YOU MUST ACT WITHIN THIRTY (30) DAYS*** IF NO ACTION IS TAKEN, THE FORECLOSUREMAY PROCEED
You have been served with a Notice of Default and Election to Sell, a copy of which is enclosed, that could result in the loss of your home. You may want to consult with an attorney concerning your rights and responsibilities.
The State of Nevada has created a mediation program for homeowners whose owner-occupied, primary residence is subject to foreclosure. Mediation is a process through which you and the lender meet with a neutral mediator to determine whether an agreement can be reached to cure any defaults in the loan or modify the terms of the loan to citable you to remain in your home. The mediator will be appointed by the Foreclosure Mediation Program Administrator The mediator will not provide legal advice to either party. If you feel the need for legal representation, it is recommended that yon retain an attorney to assist yon in the mediation. [Use additional paper if needed].
PLEASE SELECT ONE OF THE CHOICES BELOW AND RETURN COPIES IN ENCLOSED ENVELOPES
_____ ELECTION OF MEDIATION The undersigned hereby request[s] that mediation be scheduled to attempt to work out a resolution of the loan ($200 00 Money Order or Cashier’s Check Applies — See Below)
Do yon have an open Bankruptcy proceeding?__________ If so, date filed?_________________________
______ WAIVER OF MEDIATION The undersigned is/are aware of the light to seek mediation but have determined that I/we do not want to proceed with a mediation and hereby waive the right to do so
The undersigned hereby certify under the penalty of perjury that I/We are the owner[s] of the real property that is the subject of the pending foreclosure and occupy the real property as my-our primary residence.
COMPLETE TWO COPIES OF THIS FORM AND FORWARD ONE TO THE MEDIATION ADMINISTRATOR AND THE OTHER TO THE TRUSTEE OF THE DEED OF TRUST. TWO UNSTAMPED. PRE-ADDRESSED ENVELOPES HAVE BEEN ENCLOSED.
IF YOU HAVE CHOSEN TO SEEK MEDIATION. YOU MUST SEND A MONEY ORDER OR CASHIER’S CHECK IN THE SUM OF $200 PAYABLE TO: “STATE OF NEVADA FORECLOSURE MEDIATION PROGRAM” THIS PAYMENT AND THE FORM MUST BE RETURNED TO THE TRUSTEE BY CERTIFIED MAIL. RETURN RECEIPT REQUESTED. WITHIN JO DAYS OF THE DATE THE NOTICE OF DEFAULT AND ELECTION TO SELL WAS MAILED TO YOU.
PAYMENT MUST BE SENT TO THE TRUSTEE IN THE ENVELOPE THAT WAS ENCLOSED WITH THIS FORM.
DO NOT SEND PAYMENT TO THE MEDIATION ADMINISTRATOR. See Instructions on Back.
ELECTION/WAIVER OF MEDIATION FORM InstructionsTo the Trustee:
You must fill out the top box on the Form including the Property Address and the Assessor’s Parcel Number [APN]
To the Homeowner:
Yon are not eligible to participate in this program if you filed bankruptcy on or after July 1, 2009, unless yon have been discharged from the bankruptcy or the court has entered an order allowing you to be part of the Nevada Foreclosure Mediation Program. If yon have an open bankruptcy, please fill in the date on which the bankruptcy was filed on the attached form
The Election/Waiver of Mediation is for owner-occupied residential property only. This form is not for use for vacation homes, rental property, or any other property where the owner does not live in the property as a primary residence. This form should come to you from the Trustee. [lender; you cannot begin this processyourself by using this form.] You should not submit the formuntil the Trustee has provided it to you. In the event the Trusteehas not provided a form to you, you should contact theForeclosure Administrator so that you can obtain a form.
The ELECTION/WAIVER OF MEDIATION form has been provided to you by the Trustee. (You may make additional copies if needed) You must fill out the two copies of the form so that the same information is included on both copies of the form. You must fill in the blanks on both forms and make your election to either request mediation or waive mediation
Print your name and mailing address in the spaces provided. Include your telephone numbers and your email address. If yon have a co-owner, their name, address, phone numbers and email address should be included. This information will only be used for the mediation process.
In the designated location, you must select (with a check mark or “X”) one of two choices. You may only select one of the two options. Either select
1. ___ELECTION OF MEDIATION” if you choose to enter into the Mediation Program;
2 “___ WAIVER OF MEDIATION” if you do not want to participate in the foreclosure Mediation Program.
You must then sign and date each form. NOTE that by signing the form yon are certifying under penalty of perjury that you own and occupy the subject property as your primary residence.
[Sign each form.] One copy of the form must to be mailed to the Trustee of the deed of trust and one copy of the form must be mailed to the Mediation Administrator. The envelopes provided are pie-addressed to the Trustee and Mediation Administrator. You must mail the envelope to the Trustee by Certified U.S. mail, return receipt requested no later than 30 days after the date the Trustee mailed you the form and the Notice of Default. You will need to pay the postage for the mailings Do not mail your payment to the Mediation Administrator.
If yon elect mediation you must indude the $200.00 mediation fee along with the form in the envelope addressed to the trustee. The $200.00 mediation fee must be paid in the form of a money order or cashiers check and made payable to: “State of Nevada Foreclosure Mediation Program.”
If you choose to forego or waive mediation, there is no need to send the $200.00 mediation fee. However, whether yon elect to enter into the mediation program or elect not to participate in mediation, both forms should be mailed. If you do not mail the tonus to the Trustee and the Mediation Administrator, you will not be allowed to participate in the mediation program and the foreclosure will proceed This is your only opportunity to eject to participate in the foreclosure mediation process.
TRUSTEE AFFIDAVIT AND REQUEST FOR ISSUANCE OF CERTIFICATE NO MEDIATION REQUIRED
Date notice of default recorded: ___ Dale of service of the notice required by NRS 107.080: ________
Date notice of default recorded:……__________ Dale of service of the notice required by NRS 107.080:__________
The undersigned as duly authorized representative of the Trustee on the above-referenced Deed of Trust hereby declares under penalty of perjury that: The Grantor(s) of the above-referenced Deed of Trust or the person(s) who holds title of record to the above-referenced property has either:
 Indicated his/her/their election to waive Foreclosure Mediation. Attached hereto is the form waiving mediation executed by the Grantor(s) of the above-referenced Deed of Trust or the peraon(s) who hold the title of record to the above-referenced property: or
 Failed to return to the Trustee the torn upon which foreclosure mediation could either be elected or waived. Attached hereto is Proof of Service that the Foreclosure Mediation Election/Waiver Form was served on the Grantor(s) of the above-referenced Deed of Trust or the person(s) who holds title of record to the above-referenced property,
 Other: Please specify ____________________________________________________________
Dated this______day of______________, 20____.
On this _____ day of_____________, 20____, personally appeared before me, a Notary Public in and for said County and State, _______________ ________, known to me to be the persons described in and who executed the foregoing instrument of the capacity set forth herein, who acknowledged to me that he/she executed the seme freely and voluntarily and for the uses and purposes therein mentioned.
______________________________________________ NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE
SELECTION OF MEDIATOR
You have been randomly selected to mediate the above-described dispute in_______________ County This mediation must be completed by ___________________(DATE).
If you have a conflict or cannot mediate this matter, you must return the Notice of Recusal by facsimile to (702) 486-9339 within two (2) days.
_________________________________ FORECLOSURE MEDIATION COORDINATOR
Las Vegas: (702) 486-9380
IT IS MEDIATOR’S RESPONSIBILITY TO RUN A CONFLICT OF INTERESTCHECK AGAINST ALL PARTIES LISTED ON THE RECORDED NOTICE OF DEFAULTAND ELECTION OF MEDIATION FORM. MEDIATOR ACKNOWLEDGES HEHAS NO CONFLICT OF INTEREST IN SERVING AS MEDIATOR IN THISMATTER
ORIGINAL TO: Foreclosure Mediation Program Supervisor
____________________________________________________________________ NOTICE OF RECUSAL
Please be advised the undersigned must recuse him/herself from this mediation. This recusal and notice thereof is done in accordance with the Nevada Foreclosure Mediation Rule 4.
DATED this_____day of___________________. 20___.
NOTICE OF APPOINTMENT OF MEDIATOR
APPOINTMENT OF MEDIATOR TO:_______________.________________. Property Owner(s); and
TO:_______________________________, Beneficiary; and
__________________________has been randomly selected as Mediator to preside over the mediation concerning the property listed above
All mediations shall be completed no later than ten (10) days prior to the 90th day following the recording of the notice of default, unless otherwise approved by the presiding mediator
The mediator shall have all required authority to conduct this mediation pursuant to the Foreclosure Mediation Rules, including the authority to determine whether the parties have
complied with the obligations set by the statutes and the Supreme Court Rules, and shall timely notify the Foreclosure Mediation Program Manager of (he outcome of this mediation. DATED this______day of________________, 20____.
________________________________ FORECLOSURE MEDIATION COORDINATOR
CERTIFICATE OF MAILING
I hereby certify that I served the foregoing Notice of Appointment of Mediator on the_____day of ________, 20___, by placing true and correct copies thereof in the U. S mail, postage prepaid, addressed to the following.
STATE OF NEVADA FORECLOSURE MEDIATION PROGRAM
By:_______________________________________ Print Name
MEDIATION SCHEDULING NOTICE
NOTICE TO APPEAR TO: _________________________________, Property Owner(s); and
TO: _________________________________________, Beneficiary;
The mediation in this matter will be held on_____________, 20__, at AM/PM.
Location: _______________________________________________________, Nevada.
All beneficiaries of the deed of trust or assignees, or their representatives, who are seeking to invoke foreclosure against a homeowner, shall participate in the foreclosure mediation program, and shall be represented at all tunes during a mediation by a person or persons who have the authority to modify the underlying loan, and who shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note, and each assignment of the deed of trust and the mortgage note.
The homeowner and lender representative with authority to modify the underlying loan shall be physically present, or if approved by the mediator, may participate by phone for good cause.
Failure by the beneficiaries of the deed of trust, or their representatives, to attend and participate at the mediation in good faith or to bring all requisite documents and authorities to the mediation, shall result in the mediator preparing and submitting a statement to the Foreclosure Mediation Program Managerthat the
beneficiary failed to participate in good faith and a certificate to proceed with the foreclosure shall not he issued, [of thefacts which may result in an inability to proceed with theforeclosure.]
All parties are herein noticed to comply with Rule 7 of the Foreclosure Mediation Program. The parties shall submit the required statements, disclosure forms, and documents to the presiding mediator at least seven (7) days prior to the scheduled mediation, unless otherwise agreed.
Pursuant to Rule 8 of the Foreclosure Mediation Rules, in the event the foreclosure issues are resolved before the scheduled mediation, the parties must, no later than two days prior to the scheduled mediation date. notify the mediator of their settlement. Failure to abide by Rule 8 may subject the parries to sanctions.
DATED this_____day of___________________, 20____
COPY TO: Foreclosure Mediation Program Supervisor
CERTIFICATE OF MAILING
I hereby certify that I served the foregoing Mediation Scheduling Notice on the _____ day of _____________. 20___, by placing true and collect copies thereof in the U S mail, postage prepaid, addressed to the following:
STATE OF NEVADA FORECLOSURE MEDIATION PROGRAM MEDIATOR’S STATEMENT
A Foreclosure Mediation conference was held on_____________________________
The Mediator files the following report of the proceedings:
___ The parties resolved this matter. No further action is required.
___ The parties participated but were unable to agree to a loan modification or make other arrangements.
___ The beneficiary or his representative failed to attend the mediation. No further action is required.
___ The beneficiary or his representative failed to participate in good faith. No further action is required. Please explain: ____________________ ______________________________________________ ______________________________________________
___ The beneficiary railed to bring to the mediation each document required. No further action is required.
___ The beneficiary did not have the required authority or access to a person with the required authority. No further action is required.
___ The Grantor or person who holds the title of record (homeowner) failed to attend the mediation.
___ The Grantor or person who holds the tide of record (homeowner) foiled to participate in good faith. Please explain:_____________________________________________________ _____________________________________________________________ _____________________________________________________________
___ The Grantor 01 person who holds the title of record (homeowner) tailed to bring to the mediation each document required
___________________________________________________________________The Mediator hereby certifies that tire foregoing is a true and accurate report of the proceedings as required by NRS Chapter 107
DATED this_______day of__________________, 20____.
CERTIFICATE OF MAILING
I hereby certify that I served the foregoing Mediator’s Statement on the_____day of ______________, 20____, by placing true and correct copies thereof in the U S mail, postage prepaid, addressed to the following:
___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________
Recording requested by
When recorded mail to:
STATE OF NEVADA FORCLOSURE MEDIATION PROGRAM
* No request for mediation was made or the Grantor has waived mediation As a result no mediation is required in this matter The Beneficiary may proceed with the foreclosure process.
* A Foreclosure Mediation Conference was held on ______________ The parties were unable to agree to resolution of this matter. As a result, the mediation required by law has been completed in this matter. The Beneficiary may proceed with the foreclosure process
* The Grantor or person who holds the title of record did not attend the Foreclosure Mediation Conference or failed to produce the necessary disclosure forms As a result, no mediation is required in this matter The Beneficiary may proceed with the foreclosure process.
Dated______________________ State of Nevada
Foreclosure Mediation Program
By: __________________ Vense V Campbell Title Program Manager
On this_______day of_______________, 20____. personally appeared before me. a Notary Public in and for said County and State, Verise V Campbell, Program Manager, known to me to be the person described ill and who executed the foregoing instrument in the capacity set forth therein, who acknowledged to me that she excuted the same freely and voluntarily and for the uses and purposes therein mentioned.
______________________________________________ NOTARY PUBLIC in and for said County and State
Assessor Parcel Number (APN) ________________________
Property Owner _____________________ Co-Owner _______________________________
Property Address ___________________ Beneficiary ____________________________
A Foreclosure Mediation conference was held on ___________________________.
The parties have reached an agreement and the basic provisions are set forth below
If Agreement for Loan Modification has occurred, set forth the basic terms DATED this_______day of__________________, 20__.
THIS MEDIATION AGREEMENT IS BEING SIGNED BY THE PARTIES TOMEMORIALIZE THE BASIC TERMS OF THEIR AGREEMENT AND SUBMITTED TO THEMEDIATION ADMINISTRATOR FOR STATISTICAL PURPOSES. NEITHER THEMEDIATOR NOR THE MEDIATION ADMINISTRATOR MAY BE COMPELLED TO TESTIFYIN ANY SUBSEQUENT PROVIDING REGARDING THE CONTENTS OF THISAGREEMENT. THE TERMS SET FORTH HEREIN HAVE BEEN PRESENTED BY THEPARTIES AND THIS AGREEMENT IS THE WORK PRODUCT OF THE MEDIATOR. THISDOCUMENT DOE’S NOT CONSTITUTE A FORMAL CONTRACT BETWEEN THE PARTIES.THE PARTIES AGREE TO SEPARATELY PREPARE AND EXECUTE THE DOCUMENTSNECESSARY TO ACCOMPLISH THE TERMS OF THIS AGREEMENT.