Soto et al v. Countrywide Home Loans Inc. et al
Filing
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ORDER. IT IS ORDERED that the 37 Motion to Reconsider is DENIED. Signed by Chief Judge Robert C. Jones on 12/19/2011. (Copies have been distributed pursuant to the NEF - PM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LEO L. SOTO et al.,
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Plaintiffs,
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vs.
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COUNTRYWIDE HOME LOANS, INC. et al.,
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Defendants.
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3:11-cv-00693-RCJ-VPC
ORDER
The Court granted motions to dismiss in this residential foreclosure case because the
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foreclosure was statutorily proper based upon the public records adduced. Plaintiffs have asked
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the Court to reconsider. The motion consists of a copy of Pasillas v. HSBC Bank USA, 255 P.3d
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1281 (Nev. 2011) without attendant argumentation. In Pasillas, the Court held that when a
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mortgagee fails to send a representative to the state Foreclosure Mediation Program (“FMP”)
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mediation with authority to modify the loan, or when that representative fails to bring certain
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documents to the mediation, a district court abuses its discretion in ordering the issuance of an
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FMP certificate and failing to award sanctions under Nevada Revised Statutes 107.086(5). See
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id. at 1285–87.
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Defendants in the present case had obtained an FMP certificate permitting non-judicial
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foreclosure to proceed. (FMP Certificate, June 8, 2011, ECF No. 3-1, at 32). A party aggrieved
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by the FMP process may obtain de novo review in the state district court. See Pasillas, 255 P.3d
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at 1284–85 & n.8 (citing Nevada F.M. Rule 21(5)). The rule vests jurisdiction for direct review
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of mediation proceedings exclusively in the state courts. See F.M. Rule 21(1) (2011) (“A party to
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the mediation may file a petition for judicial review with the district court in the county where
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the notice of default was properly recorded. A hearing shall be held, to the extent that the court
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deems necessary, for the limited purposes of determining bad faith, enforcing agreements made
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between the parties within the Program, including temporary agreements, and determining
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appropriate sanctions pursuant to NRS Chapter 107 as amended.”). Insofar as Plaintiff implicitly
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means to ask the Court to amend the Complaint to plead a claim for direct review of the
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propriety of the FMP proceedings, the Court lacks subject matter jurisdiction.
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CONCLUSION
IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 37) is DENIED.
IT IS SO ORDERED.
Dated this 19th day of December, 2011.
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ROBERT C. JONES
United States District Judge
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