Bergenfield v. Bank of Am.Annotate this Case
Appellant obtained a home loan from Countywide Home Loans. The promissory note was secured by a deed of trust naming Countrywide as the lender and Mortgage Electronic Registration Systems (MERS) as beneficiary of the deed of trust. MERS assigned its interest in the deed of trust to HSBC Bank. Bank of America later acquired Countrywide and its assets, including Appellant's promissory note. After Appellant defaulted on the loan, Appellant participated in Nevada's Foreclosure Mediation Program (FMP). BAC Home Loans Servicing, as a representative of Bank of America, appeared at the mediation. After the mediation, Appellant filed a petition for judicial review, which the district court denied. Appellant appealed, arguing that Bank of America lacked authority to negotiate a loan modification at the mediation because the note and deed of trust were assigned to two separate entities. The Supreme Court reversed the district court's denial of Appellant's petition for judicial review and refusal to impose sanctions, holding that because Bank of America was not the deed of trust beneficiary at the time of the FMP mediation, Bank of America failed to satisfy Nev. Rev. Stat. 107.086(4)'s attendance and participation requirement. Remanded.