Documents and Forms

The Mediator’s role is to help the parties work toward a reasonable resolution to a mutual problem. The Mediator is not a judge who decides a case and cannot give legal advice.

The mediator is in charge of the process and will set the time and location for the mediation after consulting with the parties. Mediators also will make decisions on any requests for postponements.  Mediators are randomly assigned from a list of qualified and trained individuals.

Documents

• Apply to Be a Mediator
• ADKT 435 - FMP Rules

The State of Nevada Foreclosure Mediation Program (FMP) has created a number of orientation documents to provide homeowners, lenders and other parties with information about the program and its purpose. These materials can be reproduced and distributed.

FMP Factsheet
This document describes the program, provides statistics and contact information.

FMP Resource List
This document provides information about foreclosure education, outreach and assistance programs for homeowners in Nevada.

Working With Interpreters
This document provides guidelines to ensure interpreters serve as a neutral communicators rather than homeowner advocates.

An eligible homeowner has thirty (30) days after formal receipt of the Notice of Default (NOD) to request foreclosure mediation by completing the Election/Waiver Form and submitting to the program the mediation fee of $200. Homeowners must also include a copy of the Notice of Default.  All of these documents should come to the homeowner in the packet from the Lender/Trustee with the Notice of Default. 

Complete the Election/Waiver of Mediation Form and follow the instructions included with the form. Homeowners should return the Election/Waiver of Mediation Form and a money order or certified check in the amount of $200 to the program by certified or registered mail, return receipt requested. Homeowners also must mail a copy of the Election/Waiver Form to the Lender's Trustee by certified or registered mail, return receipt requested.

After the program receives the Election/Waiver Form, a copy of the Notice of Default, and the $200 mediation fee from the homeowner and the Lender/Trustee, a mediator will be assigned.

Mediation Program Documents

Homeowner Packet

The Homeowner Packet contains the Election/Waiver of Mediation Form, a Resource Sheet, a List of Possible Documents Required by the Lender, and a detailed Required Document List. These forms also should have been provided by the Lender/Trustee along with the Notice of Default.

Individual Documents

• Election/Waiver of Mediation Form
• Foreclosure Mediation Resources
• Possible Documents Required for Foreclosure Mediation
• Required Documents for Mediation

Document Checklist

Send the following to the FMP by certified or registered mail:

1. Election/Waiver of Mediation Form
2. Copy of Notice of Default
3. $200 Money Order or Cashier's Check
4. Required Document List - Provided by the Lender after Document Conference

Basic Required Documents at Mediation

The following documents are samples of the documents you may be required by the Beneficiary to determine eligibility for a loan modification, short sale, or other alternative to foreclosure. The Beneficiary may send you these documents, or direct you to specific forms for you to complete prior to mediation.

1. Request for Modification Affidavit (RMA)
2. Uniform Borrower Assistance Form (Form 710)
3. Borrower Financial Statement
4. Tax Form 4506-T or Tax Form 4506T-EZ
5. Dodd-Frank Certification Form
6. Third Party Authorization Form (If applicable)

Additional Documents

• ADKT 435 - FMP Rules

Upon receipt of the completed Election/Waiver Form, the lender has ten (10) days to submit the required Trustee Information form, recorded copy of the Notice of Default (NOD) and the required $200 mediation fee. Any delay by the lender will extend the time it takes for the mediation to be held.

Mediation Program Documents

• Trustee Document Packet

Individual Documents

• Trustee Information Form (TIF)

Trustees must send homeowners the following documents in addition to the Notice of Default. These documents make up the core package of materials for grantors of residential property in Nevada who are in default and eligible for inclusion in the Foreclosure Mediation Program.

• Election/Waiver of Mediation Form
• Foreclosure Mediation Resources
• Possible Documents Required for Foreclosure Mediation

The following document must be provided by the trustee to the grantor and the mediator within 5 days of the Document Conference. This document outlines the needed documents required by the beneficiary to review the loan for possible modification or consideration of alternatives to foreclosure.

• Required Documents for Mediation

The following documents are used by the beneficiary/trustee to prepare for mediation, comply with Nevada Revised Statues, or request a certificate of foreclosure:

• Affidavit of Certification of Documents
• Trustee Affidavit and Request for Issuance of Certificate
• Danger Notice - Compliance with AB 388

Documents Required at Mediation

• Mortgage Note
• Deed of Trust
• Each assignment of the Deed of Trust
• Each assignment or  endorsement of the Mortgage Note.
• Appraisal and/or Brokers Price Opinion (BPO) in accordance with NRS 645.2515 dated not more than 60 days old (prior to the date of mediation).

Additional Documents

• ADKT 435 - FMP Rules