Individuals who have received a Notice of Default (NOD) or Complaint for Judicial Foreclosure on a owner-occupied residential property in Nevada must now file a petition in District Court to participate in Mediation. For a better understanding of the Foreclosure Mediation Program, please reference and review Senate Bill 490 and the Nevada Supreme Court Foreclosure Mediation Rules ADKT 435, Exhibit A and Exhibit B, Petition for Foreclosure Mediation Assistance Form.
Under Rule 8 of the Supreme Court Rules, the qualified grantor or person of title of the owner-occupied residence may participate in the Foreclosure Mediation Program:
- Upon recommendation of a housing counselor.
- Upon receiving a Notice of Default and Election to Sell.
- Upon service of Complaint for Judicial Foreclosure.
- Upon mutual agreement between parties.
The grantor or person who holds title of record may file a Petition for Foreclosure Mediation in District Court if they desire to participate.
Mediation provides eligible homeowners with the option to meet with a representative of the beneficiary and a state approved third party mediator to discuss alternative to foreclosure.
You are eligible to participate in this program if all items below apply:
- A Notice of Default has been filed on your residential property in the past 30 days.
- If this property is your primary owner-occupied residential property and not a vacation, 2nd home, rental or other property where the homeowner does not live.
- If you do not have an open bankruptcy proceeding under Chapter 7, 11, 12, or 13 of Title 11 of the United States Code.
*Please also note that Home Means Nevada, Inc., is unable to provide legal advice or guidance on compliance with Senate Bill 490 or the Nevada Supreme Court Foreclosure Mediation Rules adopted on August 1, 2017.
You must act quickly!
To exercise your rights under the State of Nevada Foreclosure Mediation Program you must:
- File a Petition with the District Court.
- Pay a $25 filing fee, serve a copy of the filed Petition to on the beneficiary of the deed, Home Means Nevada Inc. and the trustee by certified mail, or electronic transmission if authorized.
- Pay to the District Court the appropriate fees.
To waive your rights under the State of Nevada Foreclosure Mediation Program you must:
- Complete the State of Nevada Foreclosure Mediation Program Waiver.
- Return completed waiver form to Home Means Nevada, Inc. and the trustee.
Home Means Nevada’s goal is to provide you with resources and information on the State’s Foreclosure Mediation Program. However, please be aware Home Means Nevada is not the initiating party who filed or served you with a Notice of Default. Additionally, Home Means Nevada does not render any decision regarding eligibility for the program, conduct or oversee the case filed with the District Court, the mediation process, or assign mediators to cases. These portions of the Program are conducted and overseen by the District Courts. Additional information on the Nevada Supreme Court Foreclosure Mediation Rules adopted on August 1, 2017, can be found on the Nevada Supreme Court website at https://nvcourts.gov/Supreme/Decisions/Administrative_Orders/.
The Civil Law Self-Help Center has put together a great resource detailing basic steps involved in the State of Nevada Foreclosure Mediation Program. Click here to be taken to this information.