Judicial Foreclosures

1. When commencing a civil action for a judicial foreclosure pursuant to NRS 40.430 affecting owner-occupied housing, the plaintiff must: (a) Along with a copy of the complaint served on the mortgagor, include separate documents containing: (1) Contact information that the grantor may use to reach a person with authority to negotiate a loan modification on behalf of the plaintiff; (2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development; (3) Two copies of a Petition for Mediation Assistance from the District Court indicating the grantor or the person who holds title of record will be enrolled to participate in mediation if he or she pays his or her share of the filing and mediation fees pursuant to Rule 1(2) and files the Petition for Mediation Assistance with the District Court; and (4) One envelope addressed to the plaintiff and one envelope addressed to Home Means Nevada, Inc., or its successor organization, which the grantor may use to comply with the provisions of subsection 2 of this Rule. (b) Submit a copy of the complaint to Home Means Nevada, Inc., or its successor organization. 2. If the grantor or the person who holds title of record of an owner-occupied residence wishes to complete mediation, he or she shall not later than the date on which an answer to the complaint is due, initiate mediation by: (a) Filing the Petition for Mediation Assistance with the District Court; (b) Paying the fees required under Rule 1(2); and (c) Returning a copy of the petition to the plaintiff by certified mail, return receipt requested. (d) Submit a copy of the petition to Home Means Nevada, Inc., or its successor organization, by certified mail, return receipt requested. 3. If the grantor or the person who holds title of record files the Petition for Mediation Assistance, then the plaintiff, upon receipt of the petition, shall file an answer with the District Court, along with the mediation fee. At this point, the foreclosure action will be stayed until the outcome of the mediation. 4. At the conclusion of the mediation, the mediator shall prepare and submit to the District Court the outcome of the mediation. 5. Upon receipt of the mediator’s statement, the District Court shall enter an order (1) describing the terms of any loan modification or settlement agreement, (2) dismissing the petition, or (3) detailing decisions regarding the imposition of sanctions as the District Court determines is appropriate. [Added; effective July 31, 2009; amended; effective August 31, 2017.]