Foreclosure Mediation Program Encouraging Judicial Review of Mediations


Nevada’s Foreclosure Mediation Program recently began sending a form letter (the Letter) to homeowners shortly after participation in the Foreclosure Mediation Program. A copy of the Letter is included on the next page. The Letter advises homeowners that they have a right to contest the outcome of the mediation and the issuance of the mediation certificate (allowing foreclosure to proceed) by filing a Petition for Judicial Review. The Letter advises the homeowner to contact their court clerk and find additional information on the Foreclosure Mediation Program website.

This Letter is a new procedure of the Foreclosure Mediation Program. It creates significantly more homeowner awareness regarding the options available to the homeowner, after the mediation. Hence, the Foreclosure Mediation Program has taken upon itself to provide additional information and education to the homeowner, beyond the original scope of information regarding the option of mediation and preparation for that mediation. As a result of the Letter, the beneficiary faces increased risk of having to respond to a Petition for Judicial Review filed by the homeowner and a further delay of the foreclosure process.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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