Representation

1. Both parties to a mediation should appear in person. However, a party may be represented by another person, subject to certain limitations, as follows: (a) Beneficiary. All beneficiaries of a deed of trust that are seeking to foreclose against an eligible participant who has timely filed a Petition for Mediation Assistance shall participate in Foreclosure Mediation Assistance and be represented at all times during mediation by a person or persons who have the authority to negotiate and modify the loan secured by the deed of trust sought to be foreclosed. A beneficiary or its representative shall be physically present at mediation. Physical presence of the beneficiary or its representative is satisfied by the physical presence of an authorized representative of the beneficiary, which may include counsel for the beneficiary. In addition to the documents required in Rule 13 herein, the beneficiary must bring to the mediation the original or a certified copy of the deed of trust, the mortgage note, each assignment of the deed of trust and each assignment and endorsement of the mortgage note, and any documents created in connection with a loan modification. (b) Eligible Participant (borrower). A borrower may also request that a representative accompany him or her and/or appear for him or her at the mediation. However, the borrower’s representative must be either: (1) An attorney who is licensed to practice law in Nevada; (2) A person who is licensed to provide services as described in NRS Chapter 645F .310; or (3) A U.S. Department of Housing and Urban Development (HUD) approved housing counselor employed by HUD certified Housing Counseling Agencies. The mediator may request that the borrower’s representative provide proof of these requirements. (c) An eligible participant may represent himself or herself. In any circumstance where the eligible participant retains representation, his or her representative must meet the qualifications provided in Rule 12(1)(a) and (b). (d) An eligible participant may give power of attorney to someone else to represent them in mediation. If an eligible participant gives a power of attorney to someone to represent them in mediation and if that person is receiving any form of compensation, including commissions or fees associated with the sale or transfer of the property, then they must meet the qualifications provided in Rule 12(1)(a) and (b). [Added; effective July 31, 2009; amended; effective August 31, 2017.]