The State of Nevada Foreclosure Mediation Program (FMP) has created a number of orientation documents to provide lenders and other parties with information about the program and its purpose. These materials can be reproduced and distributed.
After filing a Notice of Default (NOD), the beneficiary/trustee has ten (10) days to submit to the State of Nevada Foreclosure Mediation Program (FMP) the required Trustee Information Affidavit Form (TIAF), a recorded copy of the Notice of Default (NOD), and the Proof of Service as required by NRS 107.080. After confirmation of homeowner enrollment in mediation, the trustee is required to submit a $200 mediation fee. Any delay by the beneficiary/trustee will extend the time it takes for the mediation to be held.
Mediation Program Documents
- Trustee Information/Affidavit Form (TIAF) [Word] [PDF] – Required to initiate a case after the filing of a Notice of Default (NOD) after Oct. 1, 2013. Updated 3-25-14
XML File – Effective October 1, 2013
In addition to the required documents, effective October 1, 2013, the FMP will require Trustees to provide along with the TIAF all of the exported TIAF data records as an XML file. This step will enroll homeowners in the FMP, expedite the processing of Trustee documents, and provide the required information to comply with NRS 107.086. The following documents are samples to assist Trustees in complying with this requirement:
- FMP XML Document Creation Guidelines
- SubmittedCases.xsd – Scheme File required for generating compliant XML files for import into the FMP Case Management System (CMS).
- Good.xml – A sample XML file. Does not contain all of the required data file records. Do not use as a template for creating an XML file for submission to the FMP.
Mediation Document Certification
The following document is used by the beneficiary/trustee to comply with NRS 107.086 and FMP Rule 11for document production at mediation:
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).
The following documents available for Notices of Default filed prior to October 1, 2013
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.