David Edelstein v. Bank of New York Mellon

Summary

The Nevada Supreme Court held that a party seeking to participate in the Foreclosure Mediation Program and obtain authorization for nonjudicial foreclosure must be both the beneficiary of the deed of trust and the current holder of the promissory note. Although designating MERS as beneficiary initially separated the note from the deed of trust, the separation was not fatal because MERS validly assigned its interest and the documents were ultimately reunified in BNY Mellon. The court affirmed the district court's refusal to impose sanctions and its authorization for an FMP certificate.