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Petition for Judicial Review #5

Loan Modification Video Series

Loss Mitigation Video Series

Procedure For Filing The Petition With The Court

Hi, I’m Nevada foreclosure consultant Damian Falcone of Falcon Credit Management and this is part 5 of the Nevada Foreclosure Mediation Program video series.  In this segment I will talk about the procedure for filing the Petition for Judicial Review with the Court. 

This is Get Modified! The go to source for loan modification and foreclosure prevention information.  As always for more information, go to www.falconcreditmanagement.com

If you decide that a Petition for Judicial Review is warranted, the first thing that you will need to do is file the Petition according to Nevada Foreclosure Laws, with the District Court in the same county where the Notice of Default was filed.  It must be filed within 15 days of the date of the Mediator’s Statement.  The filing fee for the Petition is $270 which must be paid at the time of filing.

If you live in Las Vegas, the Clark County court has provided the forms that you need to complete the Petition.  The forms can be picked up at the Clark County Civil Law Resource Center located at the Regional Justice Center.  They can also be downloaded at the Clark County Court’s website:

http://www.clarkcountycourts.us/clerk/civil-criminal-library.html

As you can see, the form has blank spaces where you can fill in the information relevant to your particular case.  Make sure to follow the instructions very carefully, and if you will be filling in the information by hand, write clearly and legibly.

There are a few important things to remember about filing the Petition for Judicial review.  First, you must also file a Civil Cover Sheet along with the Petition.  This is included in the packet if you pick it up from the court, and can be downloaded at the court’s website.  Make sure that you provide all information that is requested, such as the name and address of the parties involved, and mark the appropriate Nevada Foreclosure Mediation Program box.  You will also need to attach a copy of the Mediator’s Statement to your Petition.  When all of your documentation is put together, the court requires that you two-hole punch the paperwork at the top.  When you file the Petition at the courthouse make sure that you bring an original and three copies of all paperwork along with the $270 filing fee check made out to the District Court.

According to the Nevada Foreclosure Mediation Program if the petition for Judicial review is filed correctly, the Judge will schedule a hearing and provide you and the other parties with information about the date and time.  On the date of the hearing, you will need to show up at the time indicated.  Dress appropriately and be prepared to argue your case before the judge.  The lender’s attorney will likely be there as well and will also have a chance to argue their position.

At the hearing following the petition for judicial review, the judge can either find that there was no bad faith on the part of the lender at the Nevada Foreclosure Mediation, determine that there was bad faith at the NV Foreclosure Mediation, or set an additional evidentiary hearing where more evidence can be presented regarding the Foreclosure Mediation.  This is likely your one chance in front of the judge, so make it count – be respectful of the Judge and other parties and make sure you go in knowing the rules.  Abiding by the rules does not guarantee you will win, but it certainly maximizes your chances of success and a loan modification.

I am Loss Mitigation Specialist Damian Falcone, and this is Get Modified!

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