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After my mediation in Nevada the mediator concluded the bank acted in bad faith? I just received another notice, what can I do?

Las Vegas, NV |

I attended the Nevada mediation 7/23/10. The bank came unprepared and asked for an extension of 3 weeks, during that mediation the bank said that I qualify for the HAMP program. 3 weeks later at the extension, the bank refused to co-operate. I had all my paperwork in good order. The bank rep. was argumentative and quite rude. The mediator gave their decision and said the bank acted in "BAD FAITH". Now I just received another foreclosure notice on 10/1/10. They did not receive the certificate to proceed with the foreclosure proceedings and they did not go to judicial review to get it, what legal right do they have to illegally go forward with the proceedings? Also, the foreclosure company illegally signed someone's name on the assignment 3 years late. I have no extra money. Help?

Attorney Answers 3

  1. It would be best to connect with an attorney who specializes in foreclosures rather than mediation. However, when the mediator decided the bank acted in bad faith, what was supposed to happen? Was the bank in bad faith about the mediation or about the foreclosure? Was the mediator's decision filed in any court? You have to find out if the mediation decision was binding on the bank or not.

  2. In Texas, a mediator doesn't make any findings of fact or conclusions of law regarding the merits of any case. In the event that a party is ordered to partcipate in the mediation, a mediator may inform the court whether the parties participated in the mediation in good faith. They would not, as in your case, pass judgment on whether the bad acted in bad faiith with regard to any loan, etc. Beyond that, a mediator would not disclose the discussion that took place and that might form the basis of any informal conclusion that the bank acted in bad faith. That would violate the statutes protecting the confdentiality of the mediation process. Sometimes, the mediator acts as an arbitrator and can enter an award based on his or her findings. If that is the case, then you may be able to take the arbitrator's award to the court and have it entered as a judgment.
    If you don't have funds to hire an attorney, which it appears you need to do, try to see if there is a legal aid program in your area or contact the local bar association to see which attorneys take pro bono cases. Good luck.

    This discussion is for informational purposes only and is not intended as legal advice. This communication does not create an attorney-client relationship.

  3. Your question suggests that this was perhaps an arbitration instead of a mediation. Mediators do not make rulings or decisions. This matter sounds rather complicated, and it is obvious that you need to seek some sort of legal advice in your jurisdiction. If you can't afford an attorney, you should try and get in touch with an organization that deals with the current crop of foreclosure issues on a voluntary or free basis. Check with your local community service/consumer, or local bar referral organizations to get some referrals to someone who can assist you.

    The foregoing is not legal advice, and does not establish any legal relationship between the questioner and respondent.