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Just received a notice of breach and default what is my next step?

Las Vegas, NV |
Filed under: Litigation

I went to mediation in July and the certificate of foreclosure was denied due to the bank acting in bad faith. Now I have received this notice of default am I going to be sent another application to mediate or can they just set a sale date? Am I better off to call the bank to do a short sale or just wait? Thank you

Attorney Answers 2


You can review the Forclosure Mediation Rules in Nevada at the link provided. However, if the bank was held in bad faith and you did nothing after that (wherein you had 5 or 10 days to file a document with the court), the matter is reassigned to the mediation foreclosure program, if you elect to in the default packet. So, now that you have gotten your default, fill out the packet and pay the required fee, while electing to go back to mediation and you will. You will buy yourself much more time this way so that you can contact a reliable attorney or mortgage modification company to help you short sell. Otherwise, wait for the mediation and enjoy your free rent.

The recommendations in this answer are not considered retention of counsel and should never be relied upon without consulting an attorney in your jurisdiction. I am not your attorney, unless we enter into a written agreement otherwise. The comments posted herein are purely for educational purposes only.

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It appears from your statement that calling the bank would be your best bet.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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