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PASILLAS v. HSBC BANK USA

No. 56393.

255 P.3d 1281 (2011)

Emiliano PASILLAS and Yvette Pasillas, Appellants, v. HSBC BANK USA, as Trustee for Luminent Mortgage Trust; Power Default Services, Trustee; and American Home Mortgage Servicing, Inc., Respondents.

Supreme Court of Nevada.

July 7, 2011.

Attorney(s) appearing for the Case

Terry J. Thomas, Reno, for Appellants.

Pite Duncan, LLP, and Gregg A. Hubley, Laurel I. Handley, and Cuong M. Nguyen, Las Vegas, for Respondents.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we consider issues arising out of Nevada's Foreclosure Mediation Program and address whether a lender commits sanctionable offenses when it does not produce documents and does not have someone present at the mediation with the authority to modify the loan, as set forth in the applicable statute, NRS 107.086, and the Foreclosure Mediation Rules (FMRs).

Because NRS 107.086 and the FMRs expressly...

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