Opinion
No. 61374
12-16-2013
MICHAEL SNAVELY, AN INDIVIDUAL, Appellant, v. ONE NEVADA CREDIT UNION F/K/A NEVADA FEDERAL CREDIT UNION, A NEVADA NON-PROFIT COOP CORPORATION, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying a petition for judicial review in a Foreclosure Mediation Program (FMP) matter. Eighth Judicial District Court, Clark County; Charles M. McGee, Judge.
In an appeal from a district court order granting or denying judicial review in an FMP matter, this court defers to the district court's factual determinations and reviews de novo the district court's legal determinations. Edelstein v. Bank of N.Y. Mellon, 128 Nev. _, _, 286 P.3d 249, 260 (2012). To obtain an FMP certificate, a deed of trust beneficiary must: (1) attend the mediation; (2) participate in good faith; (3) bring the required documents; and (4) if attending through a representative, have a person present with authority to modify the loan or access to such person. NRS 107.086(4) and (5) (2011); Leyva v. Nat'l Default Servicing Corp., 127 Nev. _, __, 255 P.3d 1275, 1278-79 (2011).
Appellant contends that the district court erred in finding that respondent mediated in good faith. Specifically, appellant contends that it was bad faith for respondent to not offer a viable loan modification until it reviewed appellant's father's current financial information. Based on the arguments and information presented to the district court, we conclude that the district court was well within its discretion when it found that respondent mediated in good faith. Edelstein, 128 Nev. at _, 286 P.3d at 260 (recognizing that this court defers to the district court's factual determinations). Accordingly, we
Appellant similarly suggests that it was bad faith for respondent to refuse to discuss modification options at the mediation without appellant's father being present. This suggestion is without merit. Not only does appellant's petition for judicial review recount a modification offer that respondent made at the mediation, but respondent agreed to continue the post-mediation judicial review proceeding so that appellant could obtain his father's financial information in an effort to come to an agreement.
ORDER the judgment of the district court AFFIRMED.
___________________, C.J.
Pickering
___________________, J.
Hardesty
___________________, J.
Cherry
cc: Chief Judge, The Eighth Judicial District Court
Hon. Charles M. McGee, Senior Judge
Cogburn Law Offices
Reade & Associates
Eighth District Court Clerk