Eligibility for the Foreclosure Mediation Program

Foreclosure Mediation Rules

Rule: 7

Jurisdiction: NV

Bluebook Citation: FMR 7

1. The program applies to any grantor or person (homeowner) who holds the title of record and is the owner-occupant of a residence who is in any (1) default or (2) imminent default and has a documented financial hardship, related to an owner-occupied residence on or after December 2, 2016. For purposes of these rules, an owner-occupant includes the trustee of a revocable or irrevocable trust if the trustor or a beneficiary of that trust resides in the residence at the time of the recordation of the notice of default and election to sell. In such event, the trustee of the trust or his or her authorized representative shall represent the owner-occupant at the mediation and must execute all documents and forms required of owner-occupants by these rules. 2. “Owner-occupied housing” means housing that is occupied by an owner as his or her primary residence. This term does not include any time-share or other property regulated under NRS Chapter 119A , and/or a foreclosure initiated by a homeowner’s association under NRS Chapter 116 . 3. A Certificate from Home Means Nevada, Inc., or its successor organization, must be recorded prior to a trustee’s sale being conducted on any owner-occupied housing. The Certificate may be requested by the trustee and, if requested, may be issued by Home Means Nevada, Inc., or its successor organization, on any residential property for which a Petition for Mediation Assistance was not completed. However, there is no requirement that a Certificate be issued and recorded prior to a trustee’s sale being conducted on any type of property other than owner-occupied housing. Any program-issued certificate is considered confidential until recorded. [Added; effective July 31, 2009; amended; effective August 31, 2017.]

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