laws to automatically enroll homeowners facing foreclosure into the
State of Nevada Foreclosure Mediation Program (FMP). The change became
effective October 1.
AB 273 changed the FMP from requiring homeowners to elect mediation to
automatically enrolling homeowners into foreclosure mediation upon the
filing of a Notice of Default (NOD). The filing of a Notice of Default
by a Trustee with the County Recorder initiates the foreclosure
process when a homeowner is in default on a residential mortgage loan.
The law change requires lenders to send two notices to homeowners
after filing a Notice of Default. Lenders send the first notice by
registered or certified mail with information about the NOD and the
Foreclosure Mediation Program. Lenders send the second notice
separately to the homeowner as first class mail containing the same
The homeowner is required to submit a $200 money order or cashier’s
check to the FMP within 30 days of receiving notice to complete
enrollment. If the required funds are not timely received from the
homeowner, the law requires the FMP to provide a Certificate of
foreclosure, which allows the lender to proceed to trustee sale and
complete the foreclosure.
Homeowners may also waive their right to mediation. In accordance with
the law, a decision to waive mediation will result in the FMP issuing
a Certificate of foreclosure.
The Nevada Legislature established the FMP in 2009 to create a way for
homeowners and lenders to discuss alternatives to foreclosure with the
assistance of a trained mediator. Homeowners can learn more about the
Foreclosure Mediation Program by visiting