Pasillas v. HSBC Bank USA
Supreme Court of Nevada
255 P.3d 1281 (2011)
Relevant factsFree
The Pasillases (plaintiffs), in default on their mortgage, participated in Nevada's Foreclosure Mediation Program with HSBC (defendant), which produced an incomplete mortgage note missing pages and an assignment letter that failed to name the assignee, and sent no representative empowered to modify the loan on the spot; the mediator recommended blocking HSBC's foreclosure request for failing to negotiate in good faith, but the trial court denied the Pasillases' request for sanctions and allowed foreclosure to proceed, prompting their appeal.
IssueFree
Whether a court can impose sanctions for a mortgagee's noncompliance with statutory requirements for a negotiated mortgage restructuring.