Tobler v. Sables, LLC, No. 19-15251 (9th Cir. 2020)
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A request for judicial relief under Nevada's Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender's conduct in the foreclosure mediation process.
Plaintiffs filed suit alleging contractual and tortious breaches of the implied covenant of good faith and fair dealing against BNYM and its agents, Sables and Bayview. The Ninth Circuit affirmed the district court's dismissal of the complaint for failure to state a claim, holding that plaintiffs' claims rest on defendants' asserted failure to comply with the various requirements of the foreclosure mediation program, and these claims could have been raised in a timely request for review under the Foreclosure Mediation Rules. The panel explained that plaintiffs' exclusive remedy under Nevada law for addressing these deficiencies was a timely request for judicial review filed within the applicable 10-day period set forth in Nevada F.M.R. 20(2). Therefore, the district court correctly held that plaintiffs' state common-law claims and related requests for declaratory and injunctive relief failed to state a claim upon which relief could be granted.
Court Description: Nevada Law / Foreclosure Mediation. The panel affirmed the district court’s dismissal of a complaint alleging contractual and tortious breaches of the implied covenant of good faith and fair dealing in the mediation process. The panel held that a request for judicial relief under Nevada’s Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender’s conduct in the foreclosure mediation process. The panel held further that all of plaintiffs’ claims rested on defendants’ asserted failure to comply with the various requirements of the foreclosure mediation program, and these claims could have been raised in a timely request for review under Nevada’s Foreclosure Mediation Rules. Accordingly, plaintiffs’ exclusive remedy under Nevada law for addressing these deficiencies was a timely request for judicial review filed within the applicable 10-day period set forth in Nevada F.M.R. 20(2). The panel concluded that the district court correctly held that the plaintiffs’ state common-law claims and related requests for declaratory and injunctive relief failed to state a claim upon which relief could be granted. TOBLER V. SABLES 3
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