Petition for Foreclosure Mediation Assistance
If you are facing foreclosure of your home in Nevada and you are interested in participating in the foreclosure mediation process, you might have the opportunity to enroll in the Foreclosure Mediation Program (“FMP”).
There are fourteen basic steps you must follow to participate in the FMP.
Step 1: Determine If You Are Eligible for the FMP.
Step 2: Prepare the Petition for Foreclosure Mediation Assistance.
Step 3: Prepare Your Civil Cover Sheet.
Step 4: Prepare Your Application to Waive Fees (If Necessary).
Step 5: Prepare Your $250.00 Mediation Fee.
Step 6: File Your Petition and Other Documents and Pay Your Fee to the District Court Clerk.
Step 7: Mail Copies of the Petition for Foreclosure Mediation Assistance to the Parties.
Step 8: Receive and Review Filings from Trustee, Court, Mediator, and/or Lender.
Step 9: Request a Continuance of the Mediation Date and/or Interpreter Services (If Necessary).
Step 10: Gather Your Documents.
Step 11: Attend the Document Conference Call.
Step 12: Review List of Documents Requested by Lender and Gather and Turn Over Documents.
Step 13: Receive and Review Lender's Record.
Step 14: Attend the Foreclosure Mediation.
Although steps 1-7 are fairly simple and easy to complete on your own, you might consider contacting Legal Aid Center of Southern Nevada to see if you qualify for legal assistance for your mediation.
Tip! If you do not have an e-mail address, you might consider getting one. The FMP is moving toward a paperless, electronic system, and having e-mail will likely make the process go by more quickly and smoothly for you and the other parties.
The flowchart below shows generally how the Foreclosure Mediation Program works. To download the flowchart, click on the link below.
Flowchart - Foreclosure Mediation Program
You are eligible to enroll in the FMP if all of the following apply:
1. You were served with a Notice of Default within the last thirty days or you were served with a Complaint for Judicial Foreclosure within the last twenty days. (FMR 8(1).)
- It is very important that you check the date of service of the Notice of Default. The thirty-day window begins when the Notice of Default is mailed, not when you received it.
- You might be able to participate in the FMP even if the Notice of Default has not been recorded or mailed to you or if a Complaint has not yet been served on you, if it is recommended by a U.S. Department of Housing & Urban Development counselor, or if the parties agree in writing. (FMR 8(1)(a).) Visit the Foreclosure & Foreclosure Mediation Resources page for more information on the HUD counselors.
- If you were served with the Notice of Default over thirty days ago or the Complaint for Judicial Foreclosure over twenty days ago, visit Legal Aid Center of Southern Nevada or attend the Ask a Lawyer program to determine if there is a program that can help you.
2. You are the borrower on the mortgage or you hold the title of the house. (FMR 7(1).)
3. You live in the property that is being foreclosed on. The property that is being foreclosed on cannot be a timeshare. (FMR 7(2).)
4. You defaulted or are in immediate danger of defaulting on your mortgage payments. This program does not apply if you are in danger of foreclosure because of past due homeowner association fees or assessments. (FMR 7(1)-(2).)
5. You have never previously surrendered the property. (FMR 11.)
6. You are not in an active bankruptcy. (FMR 11.)
If you can agree with numbers 1-6 above, go on to the next step. If you cannot, visit the Legal Aid Center of Southern Nevada for more information and options.
In order to participate in the FMP and stop the foreclosure until the mediation is concluded, you must file a Petition for Foreclosure Mediation Assistance within the thirty days after service of the Notice of Default or within the twenty days after service of the Complaint for Judicial Foreclosure. (FMR 8 & 9.)
CAUTION! Be sure to keep track of your days and file your petition with the appropriate time period! Do not wait until the last minute. If you do not file your petition within the time period, the foreclosure process can move forward without your opportunity to mediate.
A Petition for Foreclosure Mediation Assistance is available, free of charge, at the Civil Law Self-Help Center. You can also download a Petition for Foreclosure Mediation Assistance on your computer by clicking one of the listed formats underneath the form’s title below.
Complete the Petition for Foreclosure Mediation Assistance carefully, providing all requested information in all blanks.
1. If there are two homeowners who are petitioning for foreclosure mediation assistance, one of you will be Homeowner One and the other Homeowner Two. If there is only one homeowner who is petitioning, you can leave all the Homeowner Two blanks empty. You do not need both homeowners to participate; if only one of you wants to petition, you can petition alone. If a loan modification is reached, it will have to be agreed upon by every borrower.
2. Fill out the lender’s name as well as the trustee’s name as the “Respondents” to your case. (The lender is also known as the beneficiary. This information is on the Notice of Default.)
3. Fill out the Assessor’s Parcel Number (“APN”) on the form. The APN will be an eleven digit number that will be on your Notice of Default. You can also look up the APN on the Clark County Assessor's website.
4. Take the petition to a notary public and sign the verification page where indicated before the notary. The notary will notarize and stamp the verification page(s).
5. Insert the trustee’s name and address in the lines on the Certificate of Mailing page. The trustee’s name and address will be on the Notice of Default.
6. Insert your lender’s name and address in the lines on the Certificate of Mailing under “Beneficiary.” Your lender’s name and address will be on the Notice of Default.
7. If there is another party who you believe might be interested in this case—for example, if there is a mortgage servicer—insert that party’s name and address in the lines on the Certificate of Mailing under “Other Party In Interest.”
8. Attach a copy of your Notice of Default to the back of the Petition for Foreclosure Mediation Assistance.
9. Go to the next step.
When you submit your Petition for Foreclosure Mediation Assistance, you must also submit a Civil Cover Sheet. The Civil Cover Sheet is available, free of charge, at the Civil Law Self-Help Center. You can also download the cover sheet on your computer by clicking the form’s title below:
CIVIL COVER SHEET
Complete the Civil Cover Sheet carefully.
1. Print your name, address, and telephone number in Section I, Party Information, in the “Plaintiff” box.
2. Print your lender’s name and address (or the trustee’s) in Section I, Party Information, in the “Defendant” box.
3. Date and sign where indicated at the bottom of the page.
4. Go to the next step.
The court fee to file a Petition for Foreclosure Mediation Assistance is $25.00. If you can afford to pay this fee, move on to the next step. If you cannot afford to pay these fees, you can ask the court to waive this cost by filing an Application to Proceed in Forma Pauperis (sometimes called a “fee waiver application”). If the court grants your fee waiver application, the filing fee will be waived and you will not have to pay it.
The Application to Proceed in Forma Pauperis that you will need to complete to request a fee waiver is available, free of charge, at the Civil Law Self-Help Center, or you can download the application on your computer by clicking one of the listed formats underneath the form’s title below.
APPLICATION TO PROCEED IN FORMA PAUPERIS
Automated Forms Interview--Select Clark County District Court Fee Waiver
Complete the Application to Proceed in Forma Pauperis carefully, providing all requested information in all blanks.
1. Sign where indicated on the last page of the completed application and the last page of the proposed order.
2. Go to the next step.
Your fee to participate in the foreclosure mediation is $250.00. This fee is not waivable and is absolutely mandatory for participation. You can pay in cash, by credit card, cashier’s check, money order, or personal check. All payments must be made payable to “District Court Clerk.”
You are now ready to file your foreclosure mediation case.
CAUTION! If you do not file your Petition for Foreclosure Mediation Assistance (meaning, formally submit it to the clerk of the court), you will miss your deadline! You must file your petition with the court to begin your case, and you must file before your deadline (30 days) expires.
To file your case, take the following to the District Court Clerk’s Office on the third floor of the Regional Justice Center, 200 Lewis Avenue, in downtown Las Vegas, and give them all to the district court clerk:
1. Civil Cover Sheet,
2. Petition for Foreclosure Mediation Assistance (with your Notice of Default attached to it),
3. $25.00 for the filing fee or the completed Application to Proceed In Forma Pauperis,
4. $250.00 for the mediation fee.
If you are paying the $25.00 filing fee, the district court clerk will file the documents with the court, assign a number to your case, and assign your case to a particular judge (or “department”). The clerk will give you a copy of your petition with a file-stamp in the upper right hand corner of the first page. Go on to the next step.
If you have submitted an Application to Proceed in Forma Pauperis, the district court clerk will keep all of your documents and send them to the judge, who will either grant or deny your application to waive the filing fees. After the judge makes a decision, you will need to go back to the District Court Clerk’s Office to pick up all your documents, along with the signed order from the judge granting or denying your Application to Proceed in Forma Pauperis. If the judge denies your Application, you will have to consider paying the $25.00 filing fee to move forward. If the judge grants your Application, go on to the next step.
You must now arrange to mail copies of your file-stamped Petition For Foreclosure Mediation Assistance to all the parties in the case. (FMR 8(3)(b)(2).) Go back to your Certificate of Mailing, which is the last page in the Petition for Foreclosure Mediation Assistance packet. Count the number of parties listed on that page (include Home Means Nevada, whose name and address is already listed on that page), and that will be the number of copies of the petition that you will need. That will also be the number of envelopes you need. For example, you will probably make three copies of the file-stamped petition if you did not list a party of interest, or you will make four copies if you did list a party of interest.
Address the envelopes to the parties at the addresses listed in the Certificate of Mailing. One of your envelopes will be for your lender, another for your trustee, another for Home Means Nevada, and another if you listed a party of interest. Place a copy of the file-stamped petition in each envelope. Mail the envelopes, with the enclosed petitions, via certified mail, return receipt requested. Keep copies of the green receipts that the U.S. Postal Office gives you.
Look out for the following documents after filing your petition:
1. Answer. Within ten days after receiving your petition, the trustee will file an Answer, along with a copy of the Notice of Default, and mail it to you. The trustee will also pay the other half of the mediation fee ($250.00) to the clerk’s office. (FMR 8(3)(b)(3).)
2. Assignment of Mediator. Within approximately ten days after you file the petition, the court will mail you notice of who the mediator in your case will be. (FMR 8(2).) The mediator might contact you to see if you are represented by an attorney, or to get your full contact information, and to get an idea of what you are hoping to achieve through the mediation.
3. Mediation Scheduling Notice. The mediator will send you the schedule of mediation dates. Make a note of these dates, and make sure you put the dates on your calendar. The Mediation Scheduling Notice should show a date for the mediation to conclude within 135 days following the court’s receipt of the mediation and filing fees and within 90 days of the mediator being assigned by the court. (FMR 1(2), 3(1), 15(2).)
If you have received all of the documents listed above, and you are available on the mediation date, move on to Step 10. If you have a conflict on the mediation date, move on to Step 9.
CAUTION! A variety of possibilities could happen after you file your petition, and the items listed above might not be sent to you. For example, the lender might file a Motion to Dismiss the case. The lender might also request a written agreement from you to cancel the mediation if the Notice of Default is rescinded. You will have to review all the findings and determine your best course of action. Visit Legal Aid Center of Southern Nevada for more information.
If you have a conflict on the date that the mediation is scheduled, and you want to continue the mediation date to a later time, you can submit a Request for Continuance of Mediation. (FMR 16.)
A Request for Continuance of Mediation is available, free of charge, at the Civil Law Self-Help Center. You can also download a Request for Continuance of Mediation form on your computer by clicking one of the listed formats underneath the form’s title below:
Complete the form carefully, providing all the requested information in the blanks. You will have to state very particularly the extraordinary circumstances as to why you need a continuance. You will also have to list three dates that are within ten days following the currently scheduled mediation on which you would be able to attend. Submit the Request for Continuance of Mediation to the mediator at the contact information that was provided to you. Mail a copy of the request to the lender. Wait to see if the mediator grants the continuance. If it is granted, the mediator will mail you notice of the new date.
You can also agree with your lender to move the mediation date. If both you and the lender agree to move the mediation date, you can submit a Stipulation and Order for Continuance of Mediation. A Stipulation and Order for Continuance of Mediation is available, free of charge, at the Civil Law Self-Help Center. You can also download a Stipulation and Order for Continuance of Mediation form on your computer by clicking one of the listed formats underneath the form’s title below:
Complete the form carefully, providing all the requested information in the blanks. Both you and the lender will have to sign off on the stipulation. Submit the Stipulation and Order to the mediator at the contact information that was provided to you. Wait to see if the mediator grants the continuance. If it is granted, the mediator will mail you notice of the new date.
If you need the services of an interpreter during your mediation, you are required to schedule an interpreter at least 21 days prior to the mediation date. (FMR 21(1).) If you are in Clark County, you will call the Clark County Interpreter at (702) 671-4578 to arrange for an interpreter at your mediation. Give the interpreters’ office the date, time, and location of your mediation. If you got a fee waiver, the interpreter will be free. If you did not, you will have to pay the Clark County Interpreters’ Office $100.00 per hour of services.
Gather the following documents in preparation of your mediation: (Both you and your co-petitioner must have these documents.)
1. Your last two paystubs if you are employed or the last two months of Profit and Loss statements if you are self-employed.
2. Social Security benefit letter if you receive it.
3. If you receive rental income, the lease agreement and/or or receipts of rental income.
4. The last two years of tax returns, including all schedules and/or W-2s.
5. Your bank statements for all your accounts from the last two months.
6. Your water, gas, or electric bills showing that you are current on all the utility bills.
7. The HUD-issued hardship letter, if you have it.
8. The most current HOA statement, if the property has an HOA.
Keep all these documents in a safe place.
On your Mediation Scheduling Notice, you will see that the mediator scheduled a document conference call. (FMR 13(1) & 15(2).) Attend that conference call, and listen carefully to what your lender says. The lender might tell you what documents they will be looking for from you. They will probably request many of the documents you gathered in Step 10. Make a list of the documents that you do not have.
After the Document Conference Call, you will be required to gather and turn over documents to the lender. Pay close attention to the deadlines listed below. You will be responsible for keeping track of meeting all the deadlines. Some dates are set when you receive a document, so remember to keep close track of when you receive things.
- Within five days after the conference call, the lender will give you a list of documents that it is requesting from you. (FMR 13(2).)
- Within fifteen days of receiving this list, you must turn over all the documents that are on that list to the lender. If you do not have the documents on hand, you have to use your best efforts to get a hold of those documents. (FMR 13(3).)
- Within fifteen days after the lender receives the documents from you, it can make a second written request to you for additional or corrected documents. (FMR 13(4).)
- Within fifteen days of receiving the second list from the lender, you must turn over the requested additional or corrected documents to the lender. (FMR 13(5).)
- Within five days of receiving your additional or corrected documents, the lender can request clarification regarding your documents, and it can request that you turn over documents that are still missing. (FMR 13(6).)
- Within five days of receiving the lender’s request, you must clarify or turn over the missing documents. (FMR 13(6).)
Make sure you keep copies of everything you turn over to the lender. Also, keep proof of how you sent everything over to the lender. For example, this can be a certified mail receipt or an email, if you have both agreed to electronic service.
Ten days before the mediation date, the lender must turn over the following documents to you and the trustee:
- An original or a certified copy of the mortgage note.
- An original or certified copy of each assignment and endorsement of the mortgage note.
- An original or a certified copy of the deed of trust.
- An original or certified copy of each assignment of the deed of trust.
- True and actual copies of any documents created in connection with a loan modification, if there was one, and any other agreements.
- If there is a third party representing the lender at the mediation, an agreement which authorizes that third party to represent the lender at the mediation and authorizes the third party to negotiate a loan modification.
- An appraisal or Brokers Price Opinion that is less than sixty days old.
(FMR 12(1)(a) & 13(7), (10).)
Review the documents and note any issues you see with them. You might also consider getting your own appraisal or Brokers Price Opinion if you disagree with the one provided.
You will attend the foreclosure mediation at the date, time, and location that is listed in your Mediation Scheduling Notice. It will be on a Monday through Friday between 8 a.m. and 5 p.m. unless you all agree to a weekend or later hour. (FMR 15(4).) Your mediation might be at a courthouse or at an office. (FMR 14.) Arrive early. Bring copies of all your documents. The mediation will be no more than four hours in length. (FMR 14(3).)
The lender or lender’s representative and the mediator should be present at the mediation. The mediator will facilitate conversation between you and the lender to see if a loan modification is possible. Ultimately, it will be up to you to determine if the terms that are offered or negotiated will work for you.
Ten days after the conclusion of the mediation, the mediator will file a Mediation Statement with a copy of the agreement you might have entered into with the lender. (FMR 20(1).) The court will then issue an order describing the terms of the agreement, dismissing the case, or detailing decisions regarding sanctions or describing other things the judge might make decisions about. (FMR 20(3).)
If no agreement was reached in the mediation, but both sides participated, then a Certificate of Foreclosure will be issued by Home Means Nevada to the lender about 30 days after the Mediation Statement allowing the lender to move forward with foreclosure.