Leyva v. Nat'l Default Servicing Corp.Annotate this Case
Appellant Moises Leyva received a quitclaim deed in exchange for taking over monthly mortgage payments on a house. Leyva did not expressly assume the mortgage note. After defaulting on the mortgage, Leyva elected to pursue mediation with the lender, Wells Fargo, through the state foreclosure mediation program. Leyva then filed a petition for judicial review in district court, claiming that Wells Fargo mediated in bad faith and should be sanctioned because it failed to produce essential documents. The district court concluded that Wells Fargo did not act in bad faith. On appeal, the Supreme Court held, as a threshold matter, that the foreclosure mediation statute, Nev. Rev. Stat. 107.086, and the foreclosure mediation rules (FMRs) dictate that a homeowner, even if he is not the named mortgagor, is a proper party entitled to request mediation following a notice of default. The Court then concluded that the district court abused its discretion when it denied Leyva's petition for judicial review, holding that (1) Wells Fargo failed to produce the documents required under the statute, and (2) Wells Fargo's failure to bring the required to the documents to the mediation is a sanctionable offense under the statute and FMRs. Reversed and remanded.