Before The Court En Banc. Opinion by Saitta.
Daane, a homeowner against whose property real-party-in-interest CitiMortgage is attempting to foreclose, sought a writ of prohibition preventing a second foreclosure mediation proceeding from beginning because CitiMortgage had been sanctioned for participating in the previous foreclosure mediation in bad faith. The Court denied the writ, holding that Daane had an adequate remedy at law because he could file a petition for judicial review of the mediator’s decision. Implicitly, the Court is suggesting that a lender who has been denied a letter of certification that would allow a foreclosure to proceed, can simply file a new notice of default and begin the mediation process again. Petition denied. (Kerry S. Doyle, Associate in the Reno office of McDonald Carano Wilson.)
