The only power of attorney recorded between 2003-2021 was instrument number 200307310004443.
Nationstar did not record ANY Powers of Attorney for ANY claims Nationstar recorded as “attorney-in-fact” for other entities on 12/1/14 (Bank of American), 8/17/15 (Wells Fargo), 3/8/19 (Bank of American), 3/8/19 (Wells Fargo) or 6/3/19 (American Trustee Servicing Solutions)
“limited to executing loan documents for purchase of home located at 2763 White Sage…power of attorney is null & void after execution.”
Marilyn Hansen in granting her power of attorney to Gordon Hansen solely for the purpose of purchasing their new Sun City Anthem home.
Marilyn 2 Gordon Hansen Power of Attorney is the only recorded power of attorney in this property record from 2003-2021. Nationstar disclosed it as NSM 117-120.
It’s against the law for anyone to bully or to create a hostile environment for anyone in a Nevada HOA.
NRS 116.31184Threats, harassment and other conduct prohibited; penalty.
1. A community manager, an agent or employee of the community manager, a member of the executive board, an officer, employee or agent of an association, a unit’s owner or a guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person who is the community manager of his or her common-interest community or an agent or employee of that community manager, a member of the executive board of his or her association, an officer, employee or agent of his or her association, another unit’s owner in his or her common-interest community or a guest or tenant of a unit’s owner in his or her common-interest community which:
(a) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or
(b) Creates a hostile environment for that person.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
NRS 116.31184
Wait!
Why are Seddon and Clarkson exempted from this law in Sun City Anthem’s newly published policy?
Clarkson wrote the Sun City Anthem policy a bit too narrowly:
The law says community manager, employees, and HOA agents are covered:
A community manager, an agent or employee of the community manager, a member of the executive board, an officer, employee or agent of an association, a unit’s owner or a guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person
Did Clarkson misquote the law TWICE?
Opps! It looks like Clarkson accidentally forgot TWICE to make the law apply to himself or Seddon if they are accused of bullying .
Clarkson’s anti-bullying policy only applies to acts against them.
“Such a violation may subject the violator to a fine commensurate with the severity of the violation and any other appropriate remedies available to the Association”
Clarkson’s anti-harassment policy for Sun City Anthem owners
So, what?
Could it be because foreclosure could be an “appropriate remedy”?
I guess all Clarkson would have to do is deem my complaints against him and Seddon were health, safety and welfare violations that subjected me to a fine commensurate to the severity of my horrific conduct.
Then, HOA attorney and debt collector Clarkson could impose other “appropriate remedies available to the Asociation” and foreclose on this house too when I refused to pay.
The law says an HOA can’t foreclose on a fine unless the violation poses a threat:
The association may not foreclose a lien by sale based on a fine or penalty for a violation of the governing documents of the association unless: (a) The violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community;
NRS 116.31162 (6)
Is it ethical for Clarkson to claim the anti-bullying law doesn’t apply to him or Sandy Seddon?
Short answer. No.
He should be fired immediately.
Clarkson knowingly revised the law to exclude himself and Sandy Seddon.
This is one more example of unethical self dealing.
Please consider this Nevada HOA retaliation case where attorneys claim to be exempted from being considered agents of the HOA under the retaliation statute NRS 116.31183.
“We conclude that an attorney is not an “agent” under NRS 116.31183 for claims of retaliatory action where the attorney is providing legal services for a common-interest community homeowners’ association. ” Dezzani v. Kern & Assocs., Ltd., 412 P.3d 56 (Nev. 2018). Link to Dezzani PDF.
The word “agent” is not defined in NRS 116.31183 or otherwise in NRS Chapter 116. SeeNRS 116.31183 ; NRS 116.003 –.095 (definitions). Kern points to NRS 116.31164, which governs foreclosure of liens, and argues that because NRS 116.31164 uses the words “agent” and “attorney” distinctly, it demonstrates that the Legislature purposefully distinguished an attorney from an agent under NRS Chapter 116. Therefore, Kern contends that the Legislature specifically omitted attorneys from NRS 116.31183, and the term “agent” does not include attorneys.
Given an attorney’s ethical obligations to be candid with a client and zealously represent his or her client, and the general presumption that an attorney providing legal services to a client is generally not subject to third-party liability for that representation, we agree with Kern and the amicus curiae State Bar of Nevada that the two relationships should not be treated the same in NRS 116.31183. Doing so, and imposing liability on an attorney for representing his or her HOA client, would impermissibly intrude on the attorney-client relationship and interfere with an HOA’s ability to retain an attorney and the attorney’s ability to ethically represent the HOA. Therefore, we conclude that the term “agent” in NRS 116.31183 does not include an attorney who is providing legal services to, and acting on behalf of, a common-interest community homeowners’ association.
Although the Dezzanis argue that the attorney-client relationship is different when an attorney and an HOA are involved because the HOA members’ fees are used to pay the HOA’s attorneys, we disagree. Kern represented the HOA, not its individual members. Thus, similar to counsel for a corporation, Kern owed fiduciary duties only to the HOA, not to the individual members of the HOA. See Skarbrevik v. Cohen, England & Whitfield,231 Cal.App.3d 692, 282 Cal.Rptr. 627, 635 (1991) (“[C]orporate counsel’s direct duty is to the client corporation, not to the shareholders individually, even though the legal advice rendered to the corporation may affect the shareholders.”).
Clarkson’s fiduciary duty is to the Association, not to me as an individual member of the association or to me, previously as a single elected member of the board.
Clarkson’s representation of Sandy Seddon’s interest vs. those of the HOA is a breach of his fiduciary duty to the HOA. Acting on his own initiative, or getting assignments or taking direction from Sandy Seddon, is usurping the authority of the Board.
Clarkson breached his fiduciary duty to the HOA, and that’s why I want the HOA to sue Clarkson for damages under the NRCP 23.1 shareholder derivative provision.
The Board doesn’t understand how he has breached his duty to the HOA and is not willing or able to protect the association from him. I can represent the HOA as a single member, but I just think it will be harder to prevail because Clarkson is so willing to defame me, turn me into a pariah and bury the HOA in fees to try to protect it from me.
Respondeat superior is Clarkson’s escape hatch when he is usurping the authority of the HOA Board.
Here’s what Clarkson said in his 8/24/17 letter removing me from my elected Board seat
Clarkson had no legal authority to remove me from the Board. The discussion in the Board executive session in the morning was to get the Board to respond to my notice of intent against Clarkson and my Form 514a complaint against Seddon and her sidekick Lori Martin.
I just know I’ve been in litigation for five years because they aren’t working for the client that pays them.
Yesterday I filed racketeering and fraud claims against Red Rock Financial Services
NONA TOBIN’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, AND CROSS-CLAIMS VS. NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A., AND MOTION FOR SANCTIONS VS. RED ROCK FINANCIAL SERVICES AND NATIONSTAR MORTGAGE LLC, AND/OR NATIONSTAR MORTGAGE DBA MR. COOPER PURSUANT TO NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), NRS 42.005
PDF of my 131-page response when Red Rock sued me vs. voluntarily surrendering the $60,000 they stole from me in 2014.
I have been greatly damaged by our attorneys defending SCA’s agents and screwing over homeowners
So, it has come to this.
Mortal combat.
To the death.
The Table of Contents of my 131-page response below gives you all you need to know to see why I am livid at their gall.
AACC title
AACC-TOC-PG-2
AACC TOC PG 3
AACC TOC PG 4
AACC TOC PG 5
AACC TOC PG 6
AACC TOC PG 7
None of this litigation had to happen.
It was caused by an abuse of power and the attorneys’ total lack of professional ethics.
Who told the HOA attorneys to refuse my 2017 offer to settle at no cost?
There are tons of reasons why filing a lawsuit is not the most effective way to resolve disputes. So, Sun City Anthem, and probably all other Del Webb HOAs, have clauses in their CC&Rs to require alternative dispute resolution (ADR) procedures, using a trained, neutral mediator, prior to a court having jurisdiction over ordering who is the winner and who is the loser.
Sun City Anthem’s CC&Rs XVI: Limits on Litigation
All “BOUND PARTIES” must use ADR
Sandy Seddon, Adam Clarkson, David Ochoa (the Sun City Anthem attorney Clarkson and Seddon have used as an attack dog in their relentless retaliation against me for being a whistleblower), every individual member of the HOA Board and the SCA Board as a whole, all HOA homeowners, all bloggers, are “bound parties” even if they think it doesn’t apply to them because they are above the law.
All claims are covered unless exempted here
Foundation Assisting Seniors weren’t given access to ADR before being kicked out
Seddon used the HOA attorney to sue FAS
Sandy Seddon has used Adam Clarkson to forward her own personal agenda on many occasions. The crap they pulled on Favil West and the Foundation Assisting Seniors would never have happened if they had not violated their fiduciary duty to the homeowners-at-large AND conspired with Rex Weddle to assign Sandy Seddon the role of mediator.
Sandy Seddon had no training or experience as a mediator and was certainly not neutral. None of the steps mandated by our CC&Rs XVI were provided to Favil West and the Foundation Assisting Seniors.
Seddon and Weddle, both “Bound Parties” under the CC&Rs simply chose to abuse the authority of their positions to inappropriately use the HOA’s attorney to deprive Favil West and the Foundation Assisting Seniors, also both “Bound Parties” under the CC&Rs, of their rights to a good faith attempt to resolve their differences without litigation.
How Seddon used the HOA attorneys to screw me over the same way she nailed FAS
Most of you all know the story about how Sun City Anthem’s debt collector sold the house I inherited from Bruce Hansen without notice, but here’s a short video summary.
The HOA attorney forced me to litigate over Bruce’s house. I got no access to ADR
I had settlement talks booked and Seddon switched attorneys
David Ochoa rejected my 2017 offer to settle at no cost to Sun City Anthem or myself
What happened after Seddon’s attack dog blocked my access to ADR?
What did Seddon and Clarkson do after I was elected to the Board and I was a party to the litigation I was forced into?
They unlawfully removed me from my elected Board seat because had filed complaints against them, but lied and defamed me to cover it up.
Kicking me off the Board for being a whistleblower disenfranchised the 2,001 Sun City anthem homeowners who voted for me. There is no legal authority whatsoever for this action, but they got away with it because Adam Clarkson is corrupt and should be disbarred.
Seddon & Weddle also used the HOA attorney to obstruct the 2017 recall election
Kicking me off the Board was necessary to prevent the recall from succeeding
There were recall petitions against four of the seven members of the Board. The Election Committee had a Charter that defined their duties to conduct all of our HOA Board elections, including the removal elections that would be held if enough signatures were collected.
I was the Board liaison to the Election Committee, and I filed a request to the Ombudsman to provide oversight of the signature collection and the removal election since Sandy Seddon, lori Martin, Rex Weddle, and David Berman were interfering in the process and depriving owners of their rights under our governing documents and under Nevada law.
I was one of the three members of the Board who could legally still operate the association if the NRS 116.31036 removal election resulted in the four being removed.
So naturally they had to get rid of me without a removal election
Note that the two “demand letters” in the book and on the 8/24/17 closed session agenda are the same ones linked above vs. Seddon and Clarkson.
Here are the minutes Seddon provided of the 8/24/17 closed Board meeting where 6 of the 7 Directors authorized Clarkson to remove me without an NRS 116.311036 removal election
How is Seddon still using the HOA attorney to screw me over for bitching about her pay?
Click on the link above to get to the UNLV Lied Institute for Real Estate and Nevada Assocaiation of Realtors 2017 study regarding how HOA foreclosures have depressed the Nevada real estate markets by over $1 billion in lost value.
In short, every home in an HOA loses 1.7% of value when the HOA forecloses on a property for delinquent assessments.
Wouldn’t it make sense for the owners in an HOA to buy a property or have a bake sale to kep a delinquent owner afloat rather than lose value on your home because some assessments are delinquent?
The reason that doesn’t happen is because the HOA debt collectors have a GIANT scam going where they sell these houses in secret to their connected speculators and not only the person who loses his or her home gets screwed, but everybody in the HOA pays for the debt collector and the speculator to get rich.
HOA foreclosures can occur when the HOA auctions off houses to collect unpaid assessments. Nevada law protects HOAs to the extent that nine months of delinquent assessments have “super priority” over the first security interest of a lender.
This has been a very big deal since the economic meltdown in 2008 caused property values to come crashing down.
Lots of people started defaulting on their mortgages when balloon payments and/or rate adjustments came due on houses that were “underwater” with loan balances exceeding what they could sell the house for.
Remember all the bank-owned houses around that the banks were not maintaining?
The banks also weren’t paying HOA dues, and so whole communities or condominium projects failed and went bankrupt.
The banks are definitely villains in this scenario.
The HOA receives owner assessments in order to have sufficient funds to operate and reserve, and the banks weren’t paying and they weren’t taking care of the properties, and in many cases, they wouldn’t or couldn’t sell them.
By “couldn’t sell”, I mean that there was a lot of foreclosure fraud going on because it was extremely difficult to establish who actually was entitled to ownership of the debt.
So many bank failures and mergers caused part of the confusion.
Remember Wachovia, Washington Mutual, Countrywide Home Loans?
All gone.
A second and even bigger problem was Wall Street’s greedy and fraudulent securitization of high-risk adjustable mortgages into incomprehensible “synthetic derivatives”. By slicing and dicing individual mortgages into such products as collateralized debt swaps got the whole mortgage securities market in the world further and further away from knowing who owned any particular loan. These financial instruments were so complex, nobody expected them all to start failing at once. (The movie, “The Big Short” explains all this in a very funny and accessible fashion.) Anyway, the banks, being “too big to fail” and all, were bailed out. Remember the Troubled Asset Relief Program (TARP)?
So, as I’m telling you all this, don’t ever feel sorry for the banks. No matter how crooked they were. No matter how badly they screwed over poor people by putting them into loans they couldn’t afford or even understand, our tax dollars bailed them out and nobody went to jail for crashing the world economy.
Back to what this has to do with HOAs
HOAs depend on assessments for the money needed to maintain the quality of the common areas and to operate facilities and programs that define the lifestyle people bought into. So the state law gives the HOA the right to foreclose ahead of the bank for nine months of assessments. This started happening a lot not just because the owners walked away from their mortgages, but because the banks were really slow to foreclose because in lot of cases they couldn’t figure out who owned the loan and nobody actually had the original note (I.O.U.)
So the banks decided that they better gin up some phoney ownership papers, and there were literally millions of home loans in this limbo. So many that the banks started using “robo-signers”, low level employees who would sign documents using phony titles to pretend they are bank officials authorized to assign the loan, like MERS Secretary or Vice-President. this fraudulent scheme was carried out for quite a while by some well known entities, like Bank of America, Wells Fargo, etc. Since MERS is a privatized (bank-owned) way to avoid recording of rapidly-shifting property transfers or loan assignments, they got away with it a lot particularly in Nevada which was the hardest hit state in the nation.
The housing market in Nevada is so bad, that according to Corelogic’s 3rd Quarter Negative Equity Report, as of November, 58.3% of homes with mortgages in Nevada are underwater, while 4.8% have near negative equity. Total home equity in Nevada among homeowners with mortgages is less than -$10.3 billion, making the average loan-to-value ratio in the state 110.2%. Nevada is the only state that has a net negative home equity.
As a result of this disaster, Nevada has been one of the most aggressive states in fighting mortgage abuses. In October, Nevada passed a tough anti-foreclosure law that makes it a felony for a lender, servicer or trustee to make false representations or claims over a title. In the wake of this law, foreclosures in Nevada plummeted.
Mortgage fraud by the banks and loan servicing companies was slowed even further by a 2012 $25 Bllion settlement between B of A, Citibank, JPMorgan Chase, Loan Services and Wells Fargo involving 49 states Attorney Generals and the Justice Dept.
In Nevada, strong anti-foreclosure fraud legislation went into effect in 2011, The bank foreclosure came to a slamming halt once the (real) bank officials could be charged with a class D felony if they signed false affidavits to reassign the loan in the official county records. Bank foreclosures dropped 88% in the month following the passage of the anti-foreclosure law (October 2011), according to the Wall street Journal.
So, the good news was that banks couldn’t foreclose on homes they didn’t actually own. The bad news is that the majority of those bank-owned properties were in one of the over 2,500 HOAs in Nevada so delinquent assessments began piling up.
What happened to the HOAs that weren’t getting paid assessments for all these bank-owned properties? What happened to the property values as the number of distressed properties increased? I imagine some HOAs went into bankruptcy. Others HOAs passed the cost of the vacant properties over to assessment increases to the remaining owners. Some HOAs really upped the speed at which they foreclosed on properties themselves so they wouldn’t be left holding the bag.
In SFR Investments Pool 1 v. US Bank, 130 Nev. Adv. Op. 75 (9/19/14), the Nevada Supreme Court apparently fed up with the banks’ refusal to pay the HOA assessments while they were holding the title, ruled that bank’s security interest was extinguished in its entirety by an HOA foreclosure sale. Big, big loss for the lenders. Big win for the HOAs? Of course not. the big winner was the buyer at the HOA foreclosure sale who (as in this Southern Highlands case) bought the house for under $10,000 and wiped out the banks’ nearly $900,000 loan.
Wow! Big, big win for buyers at HOA foreclosure sales. So, what’s wrong with that? Aren’t get rich quick schemes something we all secretly hope will fall in our laps? Are we just jealous that someone other than us got a fantastic windfall at the expense of the bank? Well, maybe there’s some of that, but what’s wrong with that is the seeds of corruption have been sown.
Let’s not forget what happens when a loophole or a drastic shift in market conditions creates an opportunity to make a huge profits for investing very little and doing very little work. Obviously, every flim-flam man comes out of the woodwork. But worse, otherwise honest people get tempted by get-rich quick schemes and start crossing ethical boundaries. Fiduciaries, like HOA managing agents, HOA debt collectors and HOA attorneys get dollar signs in their eyes and forget whose interest (HOA homeowners) they are legally required to protect. And never underestimate how hard the banks will fight to keep their ill-gotten gains from being stolen by another opportunistic thief.
So, where does that leave HOAs and HOA homeowners? You guessed it. Holding the bag. Even though the mortgage crisis is over and the Las Vegas valley housing market is recovering, there are huge residual financial impacts affecting SCA and other Nevada HOAs.
HOAs are stuck in the middle of expensive legal battles between the banks and the buyers at HOA sales. Worse, HOAs are accountable for wrongdoing of HOA managing agents, debt collectors and attorneys, when they, usually unbeknownst to the Board, took illegal shortcuts to make a speedy sale or took profits unlawfully.
There are literally thousands of HOA foreclosure cases in the state and federal courts in Nevada. (I think SCA has five active cases) and thousands, if not millions, of attorneys’ fees are racking up.
Cases filed in state court are bound by the rulings of the Nevada Supreme Court that recently reaffirmed its decision that HOA foreclosures extinguishes the lender’s security interest.
make their determination of the Federal court
Most of these cases involve the buyer at the HOA sale suing to get “quiet title” from the bank, but the HOA named because the sale was conducted under the legal authority of the HOA.
In 2016, I wrote a letter to the Review-Journal Editor, in response to the R-J September 11, 2016 editorial about how unfair the HOAs were to confiscate the bank’s property without due process. My main point was the banks don’t own the property unless they legally foreclose. It’s the homeowner who loses when the HOA forecloses without proper notice or when the bank takes possession without foreclosing.
But what if the method defined in NRS 116 actually pushes costs to ALL HOA owners that can be orders of magnitude greater than absorbing or forgiving more the bad debts ?
According to a May 2017 study by the Association of Realtors and UNLV LIED Institute showed that HOA foreclosures reduced the value of ALL Nevada homes by 1.7%, and that the controversy over HOA’s super-priority lien status has decreased the willingness of lenders to lend for the purchase of homes in HOAs.
Since 57 % of Nevada homes are in 3,000+ HOAs, this is a very big deal. Some consider that this is a factor in Las Vegas’ sluggishness in returning to property values that existed before the economic meltdown that occurred a decade ago when mortgage-backed securities became worthless seemingly overnight.
The Reno paper published an article about the study, but the Las Vegas Review Journal did not.
