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Verified Petition For Judicial Review - Nevada

Verified Petition For Judicial Review Form. This is a Nevada form and can be used in Civil District Court Clark County .
 Fillable pdf Last Modified 3/3/2010
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PTFM DISTRICT COURT CLARK COUNTY, NEVADA _________________________, Petitioner, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Dept. No. _______________________ ________________________ Respondents. VERIFIED PETITION FOR JUDICIAL REVIEW [NOTE: use this form where mediator found one party did not participate in good faith] Petitioner ______________ (hereinafter "Petitioner"), petitions this Court, pursuant to NRS 107 as amended by AB 149 (2009), inclusive, for review of the mediation conducted pursuant to NRS 107, as amended by AB 149 (2009), and Nevada Supreme Court Foreclosure Mediation Rule 5(6)(e) for sanctions. I. JURISDICTION 1. NRS 107, as amended by AB 149 (2009), Nevada Supreme Court Foreclosure Mediation Rule 5(6)(e), NRS 30.040 and NRS 33.010 vests this Court with jurisdiction over the instant case. 1 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 2. II. PARTIES Petitioner is a mortgagor of owner-occupied residential property at ____________________ at all times relevant herein, was a resident of ____________ County, Nevada OR is the beneficiary of a deed of trust on owner-occupied residential property at ____________________. 3. Upon information and belief, Respondent, __________________________ is the beneficiary of a deed of trust on owner-occupied residential property at ____________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recommend sanctions. 5. Once mediation is requested, no further action may be taken to exercise the power A. 4. NRS 107 NRS 107 as amended by AB 149, Section 1 (2009) establishes certain restrictions OR is a mortgagor of owner-occupied residential property at ____________________ at all times relevant herein, was a resident of ____________ County, Nevada. III. STATUTORY AND REGULATORY SCHEME on the trustee's power of sale with respect to owner-occupied housing by providing a grantor of a deed of trust or the person who holds the title of record the right to request mediation under which he may seek a loan modification. of sale until the completion of the mediation. 6. If any party fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by the act or does not have the authority or access to a person with the authority required the act, the mediator may 2 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 7. The Court may issue an order imposing such sanctions against anyparty to the mediation proceedings as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court 8. Under NRS 107.080(5)(a) the trustee or other person authorized to make a foreclosure sale must substantially comply with that section. The requirements of that section include AB 149, Section 1 (effective July 1, 2009) and AB 140, Sections 6.7 and 7 (effective October 1, 2009). B. Nevada Supreme Court Foreclosure Mediation Rules On June 30, 2009, the Nevada Supreme Court entered an Order Adopting 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________ pursuant to NRS 107.080 from the respondents which was recorded OR Petitioner served a notice of default and election to sell the property at OR is the beneficiary of a deed of trust on owner-occupied residential property at ____________________. 12. Petitioner (OR Respondents) occupies and resides at the property at 11. IV. STATEMENT OF FACTS Petitioner is the grantor or the person who holds the title of record for the property 9. Foreclosure Mediation Rules these rules were amended on September 22, 2009. 10. Rule 5(6)(e) states that "a party to the mediation" may file a "petition for judicial review" in district court seeking a determination of bad faith participation and sanctions. at ____________________________________________________________________________ __________________________ as his/her primary residence. 13. Petitioner received a notice of default and election to sell the property at 3 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 _____________________________________ pursuant to NRS 107.080 on the respondents which was recorded. 14. 15. Petitioner has not surrendered the property at __________________________ Petitioner has not filed a petition in bankruptcy OR Petitioner has filed a petition in bankruptcy but the Bankruptcy Court has entered an order closing or dismissing the case or granting relief from the automatic stay of the foreclosure. 16. Petitioner filed an election of mediation pursuant to NRS 107 as amended by AB 149, Section 1 (2009) and Nevada Supreme Court Foreclosure Mediation Rule 5(4)(a) on 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required under Nevada Supreme Court Foreclosure Mediation Rule 7 as follows _____________ ______________________________________________________________________________ ______________________________________________________________________________ ___ did not have the authority or access to a person with the authority required ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___ did not bring to the mediation following document(s) required by NRS _______________________________. 17. The Respondents ___ ___ failed to attend the mediation scheduled for ________________________ failed to participate in the mediation in good faith in that _____________ 107 as amended by AB 149, Section 1, subsection 4 (2009) ______________________________ by NRS 107 as amended by AB 149, Section 1, subsection 4 (2009). ___ did not exchange information with the Respondent 7 days in advance as 4 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ______________________________________________________________________________ ______________________________________________________________________________ ___ other _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 18. The Mediator prepared and submitted to the Mediation Administrat
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