Black & LoBello on AM720 KDWN

Click here to listen to the Legal Hour on KDWN AM720 from February 15th, 2012 in which Managing Partner, Tisha Black Chernine, Esq., hosts special guests Assemblyman Jason Frierson for Nevada State Assembly District 8 and Verise V. Campbell, Deputy Director of the State of Nevada’s Residential Foreclosure Mediation Program.  Ms. Chernine, Mr. Frierson and Ms. Campbell discuss Nevada’s Residential Foreclosure Mediation [...]

Tune in as Black & LoBello offers free legal advice on a wide range of topicsClick here to listen to the Legal Hour on KDWN AM720 from February 15th, 2012 in which Managing Partner, Tisha Black Chernine, Esq., hosts special guests Assemblyman Jason Frierson for Nevada State Assembly District 8 and Verise V. Campbell, Deputy Director of the State of Nevada’s Residential Foreclosure Mediation Program.  Ms. Chernine, Mr. Frierson and Ms. Campbell discuss Nevada’s Residential Foreclosure Mediation Program and how to take part (5:50), what happens during the process (7:03),  recently passed laws that have helped shape the Mediation Program (8:30), how parts of the vetoed bill AB 300 have been incorporated into and enhanced the Mediation Program (13:50), various FREE resources available to the public and how to use them (18:30), the problems involved with working the system (22:04) and suggestions to homeowners for how to prepare to fight for their homes (33:45).

Please tune in to AM720 KDWN’s “Legal Hour,” everyday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

AB 284 Restores Foreclosure Process

I have been extraordinarily honored to have participated in a working group with the Nevada Attorney General’s Office in Nevada Assembly Bill 284.  AB 284 passed the Assembly with a vote of 33-9, and passed the Senate with a vote of 20-1.   AB 284 was signed into law on May 20, 2011 with overwhelming support [...]

I have been extraordinarily honored to have participated in a working group with the Nevada Attorney General’s Office in Nevada Assembly Bill 284.  AB 284 passed the Assembly with a vote of 33-9, and passed the Senate with a vote of 20-1.   AB 284 was signed into law on May 20, 2011 with overwhelming support from Assembly Leader Marcus Conklin. The Bill takes effect October 1, 2011.

AB 284 will help the Nevada economy recover by significantly improving NRS 106, 107, and 205, with respect to foreclosures. The Bill is in response to inaccurate and fraudulently executed documents filed by lenders, trustees and servicers. AB 284 increases criminal penalties where “robo-signing” conduct occurs, and it creates a NEW private right of action for borrowers, which includes attorneys’ fees and a mandatory fine when a foreclosure has not proceeded properly. As a result, the Bill will reduce improper parties from foreclosing and creates a remedy for improper, deficient, or fraudulent documentation. Ultimately, this will aid in stabilizing real property values and restoring transparency and integrity in the foreclosure process, both of which are key to recovery. The Bill requires that the foreclosing party supplement the Notice of Default with a notarized Affidavit of Authority. The Affidavit of Authority, i) states the identity of the trustee, ii) describes the amount in default, iii) lists the full name and address of the current beneficiary (and every prior beneficiary under the deed of trust), and iv) includes the penalties and costs related to the default and foreclosure. This element of AB 284 will allow borrowers to determine the parties in the chain of beneficial interest, the amount of money they owe as result of default and foreclosure, and whether the foreclosing party has the right to foreclose.

AB 284 creates a standard of care for the trustee under a deed of trust. The trustee’s standard of care shall serve as a vast improvement from its predecessor, or lack thereof. A trustee under a deed of trust was not held to any specific standard prior to AB 284, nor was the term “trustee” defined in the foreclosure context. NRS 106 is amended to define who a trustee may be, and what their obligation is to the foreclosure parties. It also sets forth a private cause of action if trustees act improperly. Lastly, AB 284 requires all assignments of deeds of trust affecting real property be recorded in the County Recorder’s office where the property is situated.

Tisha Black Chernine, Esq.

AB284 Approved, Becomes Law

On May 20, 2011 Nevada Governor Brian Sandoval approved Assembly Bill  284 to be signed into law.    AB 284 will help restore transparency and integrity to the foreclosure process.   As previously reported, some of the changes enacted by AB284 are as follows: Defines who can act as a foreclosure trustee in the state of [...]

On May 20, 2011 Nevada Governor Brian Sandoval approved Assembly Bill  284 to be signed into law.    AB 284 will help restore transparency and integrity to the foreclosure process.   As previously reported, some of the changes enacted by AB284 are as follows:

  • Defines who can act as a foreclosure trustee in the state of Nevada;
  • Defines a standard of care for such trustee;
  • Requires that all assignments or trust deeds affecting real property be recorded in the County Recorder’s office where the property is situated;
  • Requires a foreclosing trustee to file an sworn Affidavit with the Notice of Default;
  • Requires the Affidavit of Authority  which details the arrearages, associated costs, and names the beneficiary (often called investor) of the deed of trust;
  • Increases criminal penalties where “robo-signing” conduct occurs ; and
  • Creates a NEW private right of action for borrowers, which includes attorneys fees and a mandatory fine when a foreclosure has not proceeded properly.

AB284 Passes Senate

On May 11, 2011 the Nevada Senate passed Assembly Bill AB 284 with 20 Yeas and 1 Nay (see voting details below).  AB 284, as we have reported: Defines who can act as a foreclosure trustee in the state of Nevada; Defines a standard of care for such trustee; Requires that all assignments or trust [...]

On May 11, 2011 the Nevada Senate passed Assembly Bill AB 284 with 20 Yeas and 1 Nay (see voting details below).  AB 284, as we have reported:

  • Defines who can act as a foreclosure trustee in the state of Nevada;
  • Defines a standard of care for such trustee;
  • Requires that all assignments or trust deeds affecting real property be recorded in the County Recorder’s office where the property is situated;
  • Requires a foreclosing trustee to file an sworn Affidavit with the Notice of Default;
  • Requires the Affidavit of Authority  which details the arrearages, associated costs, and names the beneficiary (often called investor) of the deed of trust;
  • Increases criminal penalties where “robo-signing” conduct occurs ; and
  • Creates a NEW private right of action for borrowers, which includes attorneys fees and a mandatory fine when a foreclosure has not proceeded properly.

The only remaining condition for this bill to become a law is Governor Sandoval’s signature. Tisha Black Chernine, managing partner a of Black & LoBello, expects the Bill to be in front of the Governor within the next week. Stay tuned……..

Shirley Breeden Yea
Greg Brower Yea
Barbara Cegavske Yea
Allison Copening Yea
Mo Denis Yea
Don Gustavson Nay
Elizabeth Halseth Yea
Joe Hardy Yea
Steven Horsford Yea
Ben Kieckhefer Yea
Ruben Kihuen Yea
John Lee Yea
Sheila Leslie Yea
Mark Manendo Yea
Mike McGinness Yea
David Parks Yea
Dean Rhoads Yea
Michael Roberson Yea
Michael Schneider Yea
James Settelmeyer Yea
Valerie Wiener Yea

Tisha Black Chernine, Esq.

UPDATE: AB 284 sponsored by Conklin gains support in Senate Hearing

AB 284 passed the Assembly and had its first Senate hearing on Tuesday.  Assemblyman Conklin presented the Bill to the Senate Judiciary Committee. Tisha Black Chernine, along with the Nevada Attorney General’s office and several others testified in support of the bill.  If passed, AB 284 would restore transparency and integrity to the foreclosure process. [...]

AB 284 passed the Assembly and had its first Senate hearing on Tuesday.  Assemblyman Conklin presented the Bill to the Senate Judiciary Committee. Tisha Black Chernine, along with the Nevada Attorney General’s office and several others testified in support of the bill.  If passed, AB 284 would restore transparency and integrity to the foreclosure process.  The foreclosing party would be required to supplement the Notice of Default with a notarized Affidavit of Authority which states the identity of the trustee,  include a description of the amount in default, list the full name and address of the current beneficiary (and every prior beneficiary under the Deed of Trust) and include penalties and costs related to the foreclosure. To read Mrs. Black Chernine’s testimony, click here.

Tisha Black Chernine, Esq., mentioned in LVRJ

Bills aim to solve mortgage problems State lawmakers are considering two bills aimed at fixing problems in the residential mortgage business and helping Southern Nevada recover more quickly from the bursting of the real estate bubble.  Click here for the full article.

Bills aim to solve mortgage problems

State lawmakers are considering two bills aimed at fixing problems in the residential mortgage business and helping Southern Nevada recover more quickly from the bursting of the real estate bubble.  Click here for the full article.

UPDATE: Black & LoBello bill passed Assembly, Headed to Senate

On April 25th, Assembly Bill 284 passed the Nevada State Assembly and is now headed to the Nevada State Senate.  The bill would help to give more transparency to the foreclosure process and hold the foreclosing parties more accountable for their actions.  Below is the list of how the Assembly voted. Paul Aizley Yea Elliot [...]

On April 25th, Assembly Bill 284 passed the Nevada State Assembly and is now headed to the Nevada State Senate.  The bill would help to give more transparency to the foreclosure process and hold the foreclosing parties more accountable for their actions.  Below is the list of how the Assembly voted.

Paul Aizley Yea Elliot Anderson Yea
Kelvin Atkinson Yea Teresa Benitez-Thompson Yea
David Bobzien Yea Steven Brooks Yea
Irene Bustamante Adams Yea Maggie Carlton Yea
Richard Carrillo Yea Marcus Conklin Yea
Richard (Skip) Daly Yea Olivia Diaz Yea
Marilyn Dondero Loop Yea John Ellison Yea
Lucy Flores Yea Jason Frierson Yea
Edwin Goedhart Yea Pete Goicoechea Nay
Tom Grady Nay John Hambrick Nay
Scott Hammond Yea Ira Hansen Nay
Cresent Hardy Nay Pat Hickey Nay
Joseph Hogan Yea William Horne Yea
Marilyn Kirkpatrick Yea Randy Kirner Nay
Kelly Kite Nay Pete Livermore Yea
April Mastroluca Yea Richard McArthur Nay
Harvey Munford Yea Dina Neal Yea
John Oceguera Yea James Ohrenschall Yea
Peggy Pierce Yea Tick Segerblom Yea
Mark Sherwood Yea Debbie Smith Yea
Lynn Stewart Yea Melissa Woodbury Yea

For a copy of the Bill, go to http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB284.pdf.  We will keep you updated on its progress.

Black & LoBello Helps NV Legislature Restore Integrity to the Foreclosure Process

On March 15, 2011, Assemblyman Conklin introduced Assembly Bill 284 into the 2011 session of the Nevada Legislature.  The Bill proposes significant changes to NRS 106, 107 and 205 as these statutes relate to foreclosure. Tisha Black Chernine, Managing Partner of Black & LoBello, participated in working group in collaboration with Assemblyman Conklin and the [...]

On March 15, 2011, Assemblyman Conklin introduced Assembly Bill 284 into the 2011 session of the Nevada Legislature.  The Bill proposes significant changes to NRS 106, 107 and 205 as these statutes relate to foreclosure. Tisha Black Chernine, Managing Partner of Black & LoBello, participated in working group in collaboration with Assemblyman Conklin and the Office of the Nevada Attorney General.

Assembly Bill 284 aims to restore a transparency and integrity to the foreclosure process.  If passed, the foreclosing party would be required to supplement the Notice of Default with a notarized Affidavit of Authority which states the identity of the trustee, describes the amount in default, lists the full name and address of the current beneficiary (and every prior beneficiary under the Deed of Trust) and includes penalties and costs related to the foreclosure.  This element of Assembly Bill 284 will bring some clarification with regard to the chain of beneficial interest and whether the foreclosing party has the right to do so.

In the same Bill, a standard of care is created for the trustee in a Deed of Trust.  NRS 106 is amended to define who a trustee may be, what their obligation is to the foreclosure parties and also sets forth a private cause of action if trustees act improperly.

Assembly Bill 284 was referred to the Judiciary Committee and a hearing was held on March 31, 2011.  Assemblyman Conklin, Ms. Black Chernine, members of the Nevada Attorney General’s office, and members of the Trustees Association of Nevada appeared in support of the Bill.  MERS and Bank of America appeared in opposition through their representatives.

For a copy of the Bill, go to http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB284.pdf.  We will keep you updated on its progress.

Randy M. Creighton, Esq.

Foreclosure & Mediation Bills Reviewed with Tisha Black of Black & LoBello

Robert Jenson of The Jenson Group talks with Tisha Black of Black & LoBello about how Nevada AB 284 will add transparency to the foreclosure process and create a standard of care for the trustee which does not currently exist in the state of Nevada.   They also talk about Nevada AB 300 which, among other things, seeks [...]

Robert Jenson of The Jenson Group talks with Tisha Black of Black & LoBello about how Nevada AB 284 will add transparency to the foreclosure process and create a standard of care for the trustee which does not currently exist in the state of Nevada.   They also talk about Nevada AB 300 which, among other things, seeks to publish or collect information related to the mediations.  This would help people understand the mediation process as a whole instead of operating in a vacuum.