Nevada Judiciary

The Nevada Supreme Court will consider amendments to the rules governing the Nevada Foreclosure Mediation Program (FMP) at a public hearing on Tuesday, March 16, 2010.

"With the Foreclosure Mediation Program now in its eighth month of operation, we have determined that some additional rule changes are necessary to make the process more efficient and responsive, to benefit both the homeowner and the lender" said Chief Justice Ron Parraguirre. 

CLICK HERE to access the order for public hearing and the proposed rule changes.

This will be the third set of rule changes since the FMP was enacted effective July 1, 2009.  The Supreme Court was required to have FMP rules drafted barely a month after the Nevada Legislature passed Assembly Bill 149 creating the program.

"We always anticipated that periodic rule changes would be necessary because the program is such a new and innovative concept and so far reaching," Chief Justice Parraguirre said.  "The goal of the Supreme Court is to make sure the program works for those who need it - both homeowners and lenders."

The proposed rule changes were recommended by the 12-member FMP Rules Committee, composed of representatives of the lenders and homeowners, two Supreme Court justices, and court staff involved with the program.

The proposed rule changes would:
Extend timelines for mediations to occur from 90 days to 135 days after a lender fee is received by the FMP
Streamline the system so FMP certificates are not required for the sales of non-owner-occupied housing
Ensure that legal representatives for either the homeowner or lender are licensed Nevada attorneys
Allow broker's price opinion letters in lieu of appraisals
Limit mediators to no more than three mediations in a day without express permission
Allow a second mediation if a lender does not make a temporary modification permanent after a homeowner fulfills all obligations of that agreement
Permit postponements in mediations if the parties and the mediator agree

The hearing will be conducted at the Supreme Court building in Carson City, but videoconferenced to the Las Vegas courtroom at the Regional Justice Center.  Interested persons may address the justices from either location. 

Written comments are also invited by the Supreme Court.  An original and eight copies must be submitted by March 12 to Tracie Lindeman, Clerk of the Supreme Court, 201 S. Carson St., Carson City, NV 89701.

The order scheduling the hearing and the proposed changes to the rules are posted on the Supreme Court website (www.nevadajudiciary.us click on Administrative Orders).

WHAT:   Public Hearing on proposed rule changes for the Nevada Foreclosure Mediation Program
WHO:      Nevada Supreme Court Jusices
WHEN:   Tuesday, March 16, 2010 at 4 p.m.
WHERE:  Nevada Supreme Court, Carson City, videoconferenced to the Supreme Court's Las Vegas courtroom at the Regional Justice Center
PUBLIC: Welcome to attend and address the Supreme Court.  Persons wishing to address the Supreme Court should contact the Clerk of the Court by March 12, 2010