Legal Opinion
Holt v. Regional Trustee Services Corp.
Nevada Supreme Court
Decided December 15, 2011No. 56479PublishedCited by 37 opinions
1Opinion of the Court
OPINION
By the Court,
Pickering, J.:
Since 2009 Nevada law has required loan-modification mediation on homeowner request before a nonjudicial foreclosure sale can proceed on an owner-occupied residence. Compliance is evidenced by a Foreclosure Mediation Program (FMP) certificate that mediation has concluded or been waived. This certificate must be recorded for a valid foreclosure sale to occur.
On this appeal, we consider whether a lender who has been denied an FMP certificate for failing to mediate in good faith can reinitiate foreclosure by means of a new notice of default and election to sell…
2Cases cited19 opinions
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- Lightning Lube, Inc. v. Witco Corp.Court of Appeals for the Third Circuit · 1993
- Oklahoma v. TextasSupreme Court of the United States · 1921
- Five Star Capital Corp. v. RubyNevada Supreme Court · 2008
- Trident Center v. Connecticut General Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1988
14 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Edelstein v. Bank of New York MellonNevada Supreme Court · 2012
- Aspen Financial Services, Inc. v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2012
- Markowitz v. Saxon Special ServicingNevada Supreme Court · 2013
- Einhorn v. BAC Home Loans Servicing, LPNevada Supreme Court · 2012
- Charles C.L.A. v. State Division of Child & Family Services, Department of Health & Human ResourcesNevada Supreme Court · 2012
32 more not listed; retrieve them via the Exa API.