Nevada § 107.0865 - Mediation to negotiate loan modification
Full text of Nevada Nevada Revised Statutes § 107.0865 — Mediation to negotiate loan modification, with citation guidance and answers to common questions.
§ 107.0865. Mediation to negotiate loan modification
1. A mortgagor under a mortgage secured by owner-occupied housing or a grantor or
the person who holds the title of record with respect to any deed of trust which concerns
owner-occupied housing may initiate mediation to negotiate a loan modification under
the mediation process set forth in NRS 107.086 if: (a) A local housing counseling agency approved by the United States Department of
Housing and Urban Development certifies that the mortgagor, grantor or person who
holds the title of record: (1) Has a documented financial hardship; and (2) Is in imminent risk of default; and (b) The mortgagor, grantor or person who holds the title of record: (1) Files a petition with the district court indicating an election to enter into
mediation pursuant to this section; (2) At the time of filing such a petition, pays to the clerk of the court a fee of
$25; (3) Pays to the district court his or her share of the fee established pursuant to
subsection 12 of NRS 107.086 ; and (4) Serves a copy of the petition upon Home Means Nevada, Inc., or its successor organization,
and the beneficiary of the deed of trust, by certified mail, return receipt requested
or, if authorized by the parties, by electronic transmission. 2. Upon receipt of a copy of a petition pursuant to subsection 1, Home Means Nevada,
Inc., or its successor organization, shall notify the mortgage servicer, by certified
mail, return receipt requested or, if authorized by the parties, by electronic transmission,
of the petition of the mortgagor, grantor or person who holds the title of record
to participate in mediation pursuant to this section. Upon receipt of a copy of a petition pursuant to subsection 1, the district court
shall assign the matter to a senior justice, judge, hearing master or other designee
and schedule the matter for mediation. Home Means Nevada, Inc., or its successor organization, shall notify every other
person with an interest by certified mail, return receipt requested or, if authorized
by the parties, by electronic transmission, of the petition of the mortgagor, grantor
or person who holds the title of record to participate in mediation. 3. Each mediation required by this section must be conducted in conformity with the
requirements of subsections 5 and 6 of NRS 107.086 . 4. If the mediator determines that the parties, while acting in good faith, are not
able to agree to a loan modification, the mediator shall prepare and submit to the
district court a recommendation that the petition be dismissed. The court may dismiss the petition and transmit a copy of the order of dismissal
to Home Means Nevada, Inc., or its successor organization. Home Means Nevada, Inc., or its successor organization shall, not later than 30
days after receipt of the order of dismissal, provide to the mortgage servicer a certificate
which provides that the mediation required by this section has been completed in the
matter. If Home Means Nevada, Inc., or its successor organization, provides such a certificate,
the requirement for mediation pursuant to NRS 107.086 is satisfied. 5. The certificate provided pursuant to subsection 4 must be in the same form as the
certificate provided pursuant to subsection 8 of NRS 107.086 , and may be recorded in the office of each county recorder in which the trust property,
or any part thereof, is situated. The recording of the certificate in the office of each county recorder in which
the trust property, or any part thereof, is situated shall be deemed to be the recording
of the certificate required pursuant to subparagraph (2) of paragraph (e) of subsection
2 of NRS 107.086 . 6. A noncommercial lender is not excluded from the application of this section. 7. Home Means Nevada, Inc., or its successor organization, and each mediator who acts
pursuant to this section in good faith and without gross negligence are immune from
civil liability for those acts. 8. As used in this section: (a) “ Financial hardship ” means a documented event that would prevent the long-term payment of any debt relating
to a mortgage or deed of trust secured by owner-occupied housing, including, without
limitation: (1) The death of the borrower or co-borrower; (2) Serious illness; (3) Divorce or separation; or (4) Job loss or a reduction in pay. (b) “ Imminent risk of default ” means the inability of a grantor or the person who holds the title of record to
make his or her mortgage payment within the next 90 days.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 107.0865
What does Nevada Revised Statutes § 107.0865 cover?
Section 107.0865 ("Mediation to negotiate loan modification") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 107.0865?
A common citation format is "Nevada Revised Statutes § 107.0865" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 107.0865 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.