Legal Opinion
Edelstein v. Bank of New York Mellon
Nevada Supreme Court
Decided September 27, 2012No. 57430PublishedCited by 98 opinions
1Opinion of the Court
*508OPINION
By the Court,
Hardesty, J.:
In this appeal, which arises out of Nevada’s Foreclosure Mediation Program (FMP), we examine the note-holder and beneficial-interest status of a party seeking to foreclose. We conclude that, to participate in the FMP and ultimately obtain an FMP certificate1 to proceed with the nonjudicial foreclosure of an owner-occupied residence, the party seeking to foreclose must demonstrate that it is both the beneficiary of the deed of trust and the current holder of the promissory note.
In determining whether the party seeking to foreclose in this case met those…
2Cases cited31 opinions
- Cervantes v. Countrywide Home Loans, Inc.Court of Appeals for the Ninth Circuit · 2011
- Carpenter v. LonganSupreme Court of the United States · 1873
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
- Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Ogawa v. OgawaNevada Supreme Court · 2009
26 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Branch Banking and Trust Co. v. D.M.S.I., LLCCourt of Appeals for the Ninth Circuit · 2017
- Alex Berezovsky v. Bank of AmericaCourt of Appeals for the Ninth Circuit · 2017
- Daisy Trust v. Wells Fargo Bank, N.A.Nevada Supreme Court · 2019
- Ln Management, LLC Series 5664 v. Jpmorgan Chase BankCourt of Appeals for the Ninth Circuit · 2020
- Robinson v. American Home Mortgage Servicing, Inc.Court of Appeals for the Ninth Circuit · 2014
93 more not listed; retrieve them via the Exa API.