Hernadez-Paz et al v. Sierra Pacific Mortgage Company Inc. et al

Filing 18

ORDER. IT IS HEREBY ORDERED that plaintiff's motion for a temporary restraining order (Doc. 1 , Exhibit 6) is GRANTED. Defendants are ENJOINED from selling the underlying property at the trustee's sale currently scheduled for February 23, 2012. Signed by Judge Larry R. Hicks on 2/21/2012. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
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ANTONIO HERNANDEZ-PAZ and MARIA )
RODRIGUEZ,
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Plaintiffs,
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v.
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SIERRA PACIFIC MORTGAGE
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COMPANY; et al.,
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Defendants.
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3:12-cv-0058-LRH-WGC
ORDER

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Before the court is plaintiffs’ motion for a temporary restraining order. Doc. #1, Exhibit 6.1

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A court may grant a temporary restraining order upon a showing of: (1) irreparable harm to

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the petitioning party; (2) the balance of equities weighs in petitioner’s favor; (3) an injunction is in

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the public’s interest; and (4) the likelihood of petitioner’s success on the merits. See Winter v.

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Natural Res. Def. Council, Inc., 129 S. Ct. 365, 376 (2008) (citations omitted).

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Here, plaintiffs contend that they are entitled to a temporary restraining order stopping the

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pending foreclosure, currently scheduled for February 23, 2012, because defendants did not comply

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with the strict and mandatory mediation requirements. See Doc. #1, Exhibit 6.

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The court has reviewed the documents and pleadings on file in this matter and finds that

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Refers to the court’s docket entry number.

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plaintiffs have sufficiently alleged a violation of Nevada’s mandatory mediation requirement to

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enjoin the pending trustee’s sale. In their motion, plaintiffs allege that a notice of right to elect

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mediation was never provided to them with the notice of default in violation of Nevada law. The

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Nevada Supreme Court has recently held that strict compliance with the Nevada mediation statute,

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including the notice provisions, is required before a property may be sold at a trustee’s sale. See

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Leyva v. National Default Servicing Company, 127 Nev. Adv. Op. 40. Therefore, this court shall

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grant plaintiffs’ motion and enjoin the pending trustee’s sale.

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IT IS THEREFORE ORDERED that plaintiff’s motion for a temporary restraining order

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(Doc. #1, Exhibit 6) is GRANTED. Defendants are ENJOINED from selling the underlying

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property at the trustee’s sale currently scheduled for February 23, 2012.

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IT IS SO ORDERED.

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DATED this 21st day of February, 2012.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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