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EDELSTEIN v. BANK OF NEW YORK MELLON

No. 57430.

286 P.3d 249 (2012)

David EDELSTEIN, Appellant, v. BANK OF NEW YORK MELLON, Respondent.

Supreme Court of Nevada.

September 27, 2012.

Attorney(s) appearing for the Case

Law Office of Jacob Hafter & Associates and Jacob L. Hafter and Michael K. Naethe , Las Vegas, for Appellant.

Pite Duncan, LLP, and Gregg A. Hubley and Allison R. Schmidt , Las Vegas, for Respondent.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

In this appeal, which arises out of Nevada's Foreclosure Mediation Program (FMP), we examine the note-holder and beneficial-interest status of a party seeking to foreclose. We conclude that, to participate in the FMP and ultimately obtain an FMP certificate1 to proceed with the nonjudicial foreclosure of an owner-occupied residence, the party...

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