Einhorn v. BAC Home Loans Servicing, LP

Summary

The Nevada Supreme Court affirmed the denial of sanctions against BAC Home Loans Servicing, LP in a Nevada Foreclosure Mediation Program proceeding. Although BAC failed to bring one assignment document to mediation, the homeowner supplied an authenticated copy, completing the chain of transfers and establishing BAC’s authority to enforce the note and foreclose. The court held that the statutory purpose of document production was satisfied and that the district court did not abuse its discretion in allowing the foreclosure mediation certificate to issue.

Holdings

1. Although NRS 107.086(4) requires strict compliance with its substantive document-production mandate, the statute does not require the beneficiary personally to bring every document when all required documents are present, authenticated, and accounted for. The homeowner's production of the missing assignment satisfied the statute's purposive requirements.
2. The district court did not abuse its discretion by denying sanctions and allowing the Foreclosure Mediation Program certificate to issue because the missing assignment was supplied by Einhorn, was authenticated, completed the chain of transfers, and its absence from BAC's production did not prejudice Einhorn or the mediation.
3. The district court's findings that BAC provided a proper appraisal and participated in good faith were supported by substantial evidence.

Questions Presented

1. Whether BAC strictly complied with NRS 107.086(4) when the homeowner, rather than BAC, supplied an authenticated assignment necessary to complete BAC's chain of title.
2. Whether the district court abused its discretion by denying sanctions and allowing an FMP certificate to issue despite BAC's failure to bring the missing assignment.
3. Whether the district court's findings that BAC provided a proper appraisal and participated in good faith were supported by substantial evidence.

Disposition

affirmed