Nevada Pre-Session Update Activity Heats Up

Rocky Finseth

By Rocky Finseth, Carrara Nevada, UTA Nevada Lobbyist

The Nevada Legislature is schedule to convene on February 7, 2011, in Carson City.  Leading up to the start to the session, the UTA membership has been actively involved in several bill draft discussions which are going to have an impact on members.  Let me cover a few of those issues.

The Nevada Mediation Program
In place now for nearly 18 months, the mediation program has encountered some challenges as the Supreme Court and the Mediation Coordinator have begun implementing the program and carrying out the statutory provisions of the law.  As a result, BDR 668 is the legislative vehicle being used to fix some of the issues which have arisen.  We have worked with the former Speaker of the Assembly and chief architect of the program, Barbara Buckley, along with newly elected Assemblyman Jason Frierson, in discussions with interested homeowners, lawyers, bankers and trustees designed to address some of the challenges facing all parties operating within the scope and parameters of the program.

UTA Board member Michael Brooks presented testimony on behalf of the Association at a recent get together, and outlined four main concerns of the members:

1. delays being caused by the foreclosure certificate process;
2. revision of the definition of an eligible participant into the program to ensure that homeowners who want to participate in the program must continue to remain current on their property taxes and HOA dues and assessments;
3. need for further clarity to the notice provisions contained in NRS 107.086(2)(b);
4. creation of a sunset provision on the program itself.

UTA member Scott Sibley – a former Nevada State Assemblyman -  also provided critical testimony to Speaker Buckley and Assemblyman Frierson on the challenges facing trustees operating under the program.

As a result, UTA members should expect to see legislation for this coming session addressing some of our concerns as well as those of other industries involved in the Mediation Program.  Please stay abreast of developments and look for further updates and calls to action, as appropriate.

Trustee Sales
Earlier this summer, rumors had surfaced that certain industries might be looking to amend the Nevada statutes pertaining to trustee sales.  Specifically, the group was focused on establishing a permanent time certain for the sales themselves.  However, following a meeting between UTA Board Member Michael Brooks, and members of the Real Property Division of the American Bar Association, the issue has been disposed of, and is unlikely to surface this session.

Other Issues
Issues sure to remain on the radar screen of UTA members include proposed bills dealing with modification to the foreclosure sale process (BDR 561 & 651), and changes to Nevada statutes governing foreclosures (BDR 790).

So stay tuned, it is sure to be an eventful session for the UTA in Nevada.

Read UTA’s testimony to the Nevada Legislature

Read Michael Brooks’ “UTA Nevada Legislative Wish List Summary”