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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

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Holding and Reasoning (Hardesty, J.)

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