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Debt Relief – Insolvency – Bankruptcy Information » Foreclosure Law » Leyva vs. NDSC – Arguments Before the Nevada Supreme Court (Part I)

Leyva vs. NDSC – Arguments Before the Nevada Supreme Court (Part I)


This is an appeal from a Clark County district court order denying a petition for judicial review and finding that National Default Servicing Corporation did not participate in bad faith in the Foreclosure Mediation Program. Subsequently, the district court denied Leyva’s petition and he now appeals ISSUES: (1) What is an appropriate definition for good faith/bad faith in the foreclosure mediation program? (2) What should the standard of review for the district courts’ determination of bad-faith participation in the foreclosure mediation program be? (3) Does a lender commit bad faith in the foreclosure mediation program when it fails to provide documents required by NRS 107.086 and the foreclosure mediation rules where the petitioner is the owner of record at the time of the foreclosure but did not assume the loan? (Disclaimer: This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all inclusive or reflect all positions of the parties.)

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