Quimbee logo
DMCA.com Protection Status

Pasillas v. HSBC Bank USA

255 P.3d 1281 (2011)

Case BriefRelatedOptions
From our private database of 26,900+ case briefs...

Pasillas v. HSBC Bank USA

Nevada Supreme Court

255 P.3d 1281 (2011)

Facts

Emiliano and Yvette Pasillas (plaintiffs) financed the purchase of their residence with a mortgage-secured loan, and later defaulted on their loan repayments. The Pasillases took advantage of Nevada's Foreclosure Mediation Program (FMP) to meet with HSBC Bank USA (HSBC) (defendant) and a mediator in an attempt to negotiate a restructured loan. As required by the FMP, the mediator asked HSBC to document its status as the original mortgagee's assignee. HSBC produced a mortgage note that was missing two pages, as well as a lender's assignment letter that did not name the assignee. The negotiations failed. The mediator recommended that the FMP administrator block HSBC's demand for foreclosure, on the grounds that HSBC failed to comply with the FMP's explicit statutory requirement to negotiate in good faith. The mediator inferred bad faith from HSBC's failure to produce full documentation, and its failure to be represented during negotiations by someone empowered to restructure the loan on the spot. The Palliases sought judicial review and requested sanctions against HSBC in the form of a modified mortgage and attorney’s fees. The trial court denied the Pasillases' request and ordered the FMP administrator to proceed with foreclosure. The Pasillases appealed to the Supreme Court of Nevada.

Rule of Law

Issue

Holding and Reasoning (Hardesty, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 541,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 541,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 26,900 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership