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LEYVA v. NATIONAL DEFAULT SERVICING CORP.

No. 55216.

255 P.3d 1275 (2011)

Moises LEYVA, Appellant, v. NATIONAL DEFAULT SERVICING CORP.; America's Servicing Company; and Wells Fargo, Respondents.

Supreme Court of Nevada.

July 7, 2011.

Attorney(s) appearing for the Case

Crosby & Associates and David M. Crosby and Troy S. Fox , Las Vegas, for Appellant.

Snell & Wilmer, LLP, and Gregory A. Brower and Cynthia Lynn Alexander , Las Vegas, for Respondents America's Servicing Company and Wells Fargo.

Wilde & Associates and Gregory L. Wilde , Las Vegas, for Respondent National Default Servicing Corp.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider issues arising out of Nevada's Foreclosure Mediation Program. First, we must determine whether a homeowner who is not the original mortgagor is a proper party to participate in the program. We conclude that the Foreclosure Mediation statute, NRS 107.086, and the Foreclosure Mediation Rules (FMRs) dictate that a homeowner, even if he or she is not the named mortgagor, is a proper party...

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