Legal Opinion

Leyva v. National Default Servicing Corp.

Nevada Supreme Court

Decided July 7, 2011No. 55216PublishedCited by 47 opinions

1Opinion of the Court

OPINION

By the Court,

Hardesty, J.:

In this appeal, we consider issues arising out of Nevada’s Foreclosure Mediation Program. First, we must determine whether a homeowner who is not the original mortgagor is a proper party to participate in the program. We conclude that the Foreclosure Mediation statute, NRS 107.086, and the Foreclosure Mediation Rules (FMRs) dictate that 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.

Second, we must determine if a party is considered to have complied with the applicable…

2Cases cited5 opinions

  1. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Leven v. FreyNevada Supreme Court · 2007
  3. Pasillas v. HSBC BANK USANevada Supreme Court · 2011
  4. State of Nevada Employees Ass'n v. DainesNevada Supreme Court · 1992
  5. Ray v. HawkinsNevada Supreme Court · 1960

3Cited by47 opinions

  1. Edelstein v. Bank of New York MellonNevada Supreme Court · 2012
  2. Holt v. Regional Trustee Services Corp.Nevada Supreme Court · 2011
  3. Saticoy Bay LLC Series 9050 W Warm Springs 2079 v. Nev. Ass'n Servs.Nevada Supreme Court · 2019
  4. JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLCDistrict Court, D. Nevada · 2016
  5. Markowitz v. Saxon Special ServicingNevada Supreme Court · 2013

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