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From the Disputing Blog of Karl Bayer, Victoria VanBuren, and Holly Hayes.
On October 27th, 48 new mediators were sworn in to the State of Nevada Foreclosure Mediation Program (FMP). This brings the total number of authorized FMP mediators in Nevada to 293. The FMP was created by Assembly Bill 149 during the 2009 Nevada Legislature session. According to a June 21, 2010 fact sheet:
The FMP applies to residential properties located in Nevada that are owner occupied and the primary home of the owners. Additional eligibility requirements include a Notice of Default (NOD) and Election to Sell that was filed with the County Recorder on or after July 1, 2009. Homeowners that received a NOD prior to July 1, 2009 and meet the other requirements listed above may agree with their lender to opt into the FMP upon written agreement to the FMP Administrator.
Under the program, an eligible homeowner has 30 days after receiving a NOD to request mediation. A nonrefundable mediation fee of $200 and a “Financial Statement and Housing Affordability Worksheet” are also required from the homeowner. Once a lender receives notice that a homeowner has elected to participate in the FMP, it must participate in good faith in the mediation. After the lender pays an additional $200 mediation fee, Nevada Supreme Court Rules require that a mediation take place within 135 days.
Within 10 days after a mediation concludes, the mediator must file a Mediator Statement with the FMP. If not satisfied with the outcome of mediation, either party may petition for judicial review within 15 days of receiving the Mediator Statement.
Between July 1, 2009 and June 30, 2010, 79,232 Notices of Default were reported for all properties across Nevada, 8,738 FMP mediations were requested and 4,212 FMP mediations were completed. 46% of mediations completed resulted in the homeowners remaining in their homes and 89% ended with a result other than foreclosure.
Prior to being sworn in, the 48 new mediators attended a two and a half day training session which focused “on the foreclosure and modification process, mediation skills and FMP procedures. The mediators consist of Nevada attorneys and professional mediators.”
You can read the entire article from the Nevada Judiciary here.
Over the last few months, Disputing discussed the mid-year statistics for the Third Circuit Court of Hawaii’s Foreclosure Mediation Pilot Project here, state-mandated foreclosure mediation in Florida here and Connecticut’s Home Foreclosure Mediation Program here.
While in law school, Victoria was a Graduate Research Assistant for Professor John S. Dzienkowski, from The University of Texas at Austin. She was responsible for selecting cases for inclusion in the textbook International Petroleum Transactions. Victoria was particularly involved in researching the areas of international business litigation and arbitration. She also performed extensive research on political and economic risks within the context of international licensing agreements.
Having lived and studied in Mexico, Canada, and the U.S., Victoria brings a unique perspective to Karl Bayer. Right after high school, Victoria moved to Canada to study English and French. Born and raised in Mexico, she is a native Spanish speaker and a graduate of the Monterrey Institute of Technology (Instituto Tecnologico y the Estudios Superiores de Monterrey), where she concentrated in Physics and Mathematics.
- American Bar Association, Young Lawyers
- American Intellectual Property Law Association (AIPLA)
- Association of International Petroleum Negotiators (AIPN)
- National Hispanic Bar Association (NHBA)
- State Bar of Texas, Intellectual Property
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