Nevada Supreme Court Denies UTA Request To File Amicus Brief Challenging State Supreme Court’s Authority Over the Nevada Foreclosure Mediation Program

The NV Supreme Court
denied UTA’s request

The Supreme Court of Nevada has denied a late filed request by the United Trustees Association (UTA) to file an amicus brief on the case of Holt v. Regional Trustee Services Corp.  The amicus brief would have challenged the State Supreme Court’s administration of the Nevada Foreclosure Mediation Program (FMP).

UTA and its members have been active and consistent participants in the implementation and execution of Assembly Bill 149 also commonly known as the Nevada Foreclosure Mediation Program.  “The UTA has always appreciated the effort and energy that the Supreme Court and its administrative offices have brought to the FMP in an effort to address the foreclosure crisis in Nevada,” said Martin T. McGuinn, UTA’s Vice President and Chair of the Legal Resources Committee. “However, UTA requested that it be allowed to file an amicus brief with the Nevada Supreme Court which challenges the Constitutionality of AB149.  We believe that the Supreme Court’s assumption of authority over the FMP was a violation of the separation of powers between the various branches of the government which is specifically set forth in Article 3 of Nevada’s Constitution.  By placing this issue before the Nevada Supreme Court, the UTA was asserting that Nevada’s Constitution should be recognized as the supreme law of the state.  We planned to ask the Supreme Court to certify the constitutional question raised by the amicus brief to the Attorney General for her review.”

The UTA believes that if the amicus brief is considered in a similar case and the law is deemed unconstitutional, Nevada’s current legislature will take the constitutionally permissible actions that are necessary to preserve the benefits of the FMP for its constituents in a constitutionally permissible manner. “By correcting this situation, the UTA believes that Nevada will be recognized for its willingness to recognize the primacy of its Constitution even during difficult times such as those currently facing Nevada homeowners,” said Michael Brooks, Esq., a UTA Director whose firm, Brooks Bauer, will be filing the amicus brief on behalf of the Association. “We are optimistic that the legislature will be able to look comprehensively at loan default issues in an effort to stem the tide of bad housing reports that continue to plague Nevada’s economy despite the efforts of the FMP.”

In a letter to members, UTA President Robert Finlay, Esq., Wright, Finlay & Zak wrote:  “We were denied but we are confident that, given the next relevant case, we will be able to file an amicus brief and we will be heard. … While we have not identified a case yet to file our amicus, it is inevitable that a case will be heard soon where our amicus is relevant.  The amicus brief will be filed under the law firm of Brooks Bauer, with Michael Brooks, Esq., as the lead attorney in this amicus.  In order to raise the necessary fees of $10,000 for this brief, we are requesting contributions from our members who conduct business in Nevada.”

Checks should be made payable to ‘United Trustees Association’ and mailed to:

United Trustees Association
Amicus Brief Fund
2030 Main Street, Suite 1300
Irvine, CA  92603