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HOLT v. REGIONAL TRUSTEE SERVICES CORP.

No. 56479.

266 P.3d 602 (2011)

Karl HOLT and Frances Holt, Appellants, v. REGIONAL TRUSTEE SERVICES CORPORATION, A Foreign Entity; One West Bank, FSB, A Foreign Entity; and Verise Campbell, in her official capacity as Deputy Director, Nevada Foreclosure Mediation Program, Respondents.

Supreme Court of Nevada.

December 15, 2011.

Attorney(s) appearing for the Case

Law Offices of Roderic A. Carucci and Roderic A. Carucci , Reno, for Appellants.

Wright, Finlay & Zak, LLP, and Donna M. Osborn and Robin Prema Wright , Las Vegas, for Respondents, Regional Trustee Services Corporation and One West Bank, FSB.

Fennemore Craig, P.C., and Christopher H. Byrd , Las Vegas, for Respondent Verise Campbell.

Before the Court En Banc.

OPINION

By the Court, PICKERING, J.:

Since 2009 Nevada law has required loan-modification mediation on homeowner request before a nonjudicial foreclosure sale can proceed on an owner-occupied residence. Compliance is evidenced by a Foreclosure Mediation Program (FMP) certificate that mediation has concluded or been waived. This certificate must be recorded for a valid foreclosure sale to occur.

On this appeal, we consider whether a lender...

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