Pascua v. Bayview Loan Servicing, LLCAnnotate this Case
The Supreme Court held that where an individual has been appointed special administrator of an estate that includes residential real property, the special administrator resides in the property as his or her primary residence, and the special administrator retains an ownership interest via intestate succession laws, the special administrator is entitled to participate in a foreclosure mediation program (FMP) regarding the decedent’s residential real property, despite the fact that the property was purchased in the decedent’s name only.
Appellant was the decedent’s spouse and the special administrator of the decedent’s estate. When Respondent commenced foreclosure proceedings on the home the decedent purchased in her name only, Appellant requested foreclosure mediation through Nevada’s FMP. The mediator concluded that the property was not eligible for the FMP because Appellant was not an owner or grantor of the property and because the order appointing him as special administrator did not specifically authorize him to participate in the FMP. The district court denied Appellant’s petition for judicial review. The Supreme Court reversed, holding that because Appellant obtained an ownership interest in the property upon the decedent’s death, the property served as his primary residence, and his status as special administrator authorized him to take action to preserve the decedent’s estate, Appellant was entitled to participate in the FMP.