Before the Court en banc. Opinion by Justice Pickering.
In this appeal, the Court determined that a lender who has been denied a certificate of good faith in the residential foreclosure mediation process can restart the foreclosure process by filing a new notice of default and rescinding the previous notice. Appellants argued that an order denying a certificate of good faith permanently precluded a new action to foreclose. The Court noted that sanctions could be imposed to wipe out the lender’s security, without specifically deciding the issue. Since no such sanctions had been imposed in this case and the doctrines of issue and claim preclusion were not satisfied by the first proceedings, the Court affirmed the district court’s order allowing a second foreclosure mediation to proceed. Affirmed. (Kerry S. Doyle, Associate in the Reno office of McDonald Carano Wilson.)
