mediation. Based upon the mediator's statement, the documents
submitted in the context of the petition for judicial review, and the
evidentiary hearing, the district court did not clearly err in concluding
that respondent produced certified copies of the original note and deed of
trust. Edelstein, 128 Nev. at , 286 P.3d at 260 (indicating that, absent
clear error, a district court's factual determinations will not be disturbed).
Appellant next contends that respondent failed to produce an
assignment of the deed of trust. The district court correctly found that no
assignment was necessary, as respondent obtained ownership of
appellant's loan from the Federal Deposit Insurance Corporation as part of
a large-scale acquisition of Washington Mutual's assets. See 12 U.S.C.
§ 1821(d)(2)(G)(i) (2006) (affording the FDIC the power to "transfer any
asset or liability of the institution in default. . . without any approval,
assignment, or consent with respect to such transfer"); Drobny v. JP
Morgan Chase Bank, NA, F. Supp. 2d , 2013 WL 888628, *5
(N.D. Ill. 2013) (indicating that the FDIC's power to transfer assets under
12 U.S.C. § 1821(d)(2)(G)(i) obviates the need for an assignment of each
individual loan).
Appellant next contends that respondent mediated in bad
faith because it was unprepared to discuss issues regarding her property
taxes. Because respondent appeared at the mediation prepared to discuss
loan modification options, and because this is the FMP's purpose, it was
not clearly erroneous for the district court to find that respondent
mediated in good faith. Edelstein, 128 Nev. at ,286 P.3d at 260.
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To the extent that appellant has raised additional arguments
concerning respondent's participation at the mediation, we have reviewed
the record and conclude that these arguments are without merit.
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Gibbons
J.
Douglas
Saitta
cc: Hon. Kathleen E. Delaney, District Judge
Geraldine Trice
Smith Larsen & Wixom
Eighth District Court Clerk
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