Can Non-lawyers Represent Homeowners at Foreclosure Mediations?

0621_sprawl_las_vegas_04The Las Vegas Review Journal reported that permanent regulations that require licenses for home mortgage modification and foreclosure consultants are in effect starting August 25, 2009. The main issue promulgated by this new law is whether or not non-lawyers can represent homeowners at the mediation sessions. So far there has been little or no interpretation of the law by the Courts, the State Bar or Attorney General who all have some say in regulating practicing law. It is critical to review the view of various media outlets to illustrate the variability in the las vegas real estate market crises.

Local media outlets demonstrate a changing real estate market, for example, A Nevada law, NRS 7.285 states: Unlawful practice of law; criminal penalties; initiation of civil action by State Bar of Nevada.
1. A person shall not practice law in this state if the person:
(a) Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the Supreme Court; or
(b) Is suspended or has been disbarred from membership in the State Bar of Nevada pursuant to the rules of the Supreme Court.
2. A person who violates any provision of subsection 1 is guilty of:
(a) For a first offense within the immediately preceding 7 years, a misdemeanor.
(b) For a second offense within the immediately preceding 7 years, a gross misdemeanor.
(c) For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.
3. The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section. (Added to NRS by 1963, 385; A 1999, 1333).

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