Nona Tobin’s 3/8/21 prayer for relief vs. Red Rock & Nationstar
This counterclaim has been necessitated by the COUNTER-DEFENDANT RRFS’s AND CROSS-DEFENDANT NATIONSTAR’s bad faith conduct.
Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct. (Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).
COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:
that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005. (See 4/12/21 Tobin motion to distribute)
that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due“
that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known, that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association; See SCA bylaws 3.20/3.18 and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation“
that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected; See SCA bylaws 3.20/3.18
Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 order granting its motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence, defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation). (See 4/7/21 request for judicial notice.)
that sanctions are appropriate pursuant to NRCP 11 (b)(1)(2)(3)(4) and NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
that sanctions are appropriate vs. Nationstar and its Akerman attorneys pursuant to NRCP 11 (b)(1)(2)(3)(4) (misrepresentations in court filings), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation).
To declare that Joel Stokes’ deed, recorded on 5/1/19, was void as Jimijack had no interest to convey and that this transfer prior to the 6/5/19 trial was for the corrupt purpose of deceiving the court into allowing Joel Stokes and Nationstar to perpetrate a fraud on the court;
That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
That Nona Tobin is entitled to recoup damages, five years of rental income from Jimijack;
that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed, or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and See 4/7/21 request for judicial notice of relevant laws and “What is lis pendens?” and
that attorneys pay Tobin’s attorney fees and costs as a sanction pursuant to NRCP 11(b)(1)(3) and/or NRS 18.010(2)
Nona Tobin’s 3/22/21 prayer for relief in her unserved third-party complaint against the attorneys
On 3/8/21, Nona Tobin filed an answer, affirmative defenses and counter-claims vs. Red Rock, and cross-claims against Nationstar and Wells Fargo.
Link to NONA TOBIN’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, 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
It is long and complex, and so it is published here in segments.
Counter-claimant and cross-claimant Nona Tobin’s 3/8/21 Prayer for sanctions, damages & declaratory relief vs. Red Rock
COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN repeats, realleges, and incorporates herein by this reference the allegations hereinabove inclusively as though set forth at length and in full herein.
This counterclaim has been necessitated by the COUNTER-DEFENDANT RRFS’s AND CROSS-DEFENDANT NATIONSTAR’s bad faith conduct.
Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct. (Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).
COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:
that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005. (See 4/12/21 Tobin motion to distribute)
that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due“
that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known, that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association; See SCA bylaws 3.20/3.18 and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation“
that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected; See SCA bylaws 3.20/3.18
Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 order granting its motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence, defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation). (See 4/7/21 request for judicial notice.)
that sanctions are appropriate pursuant to NRCP 11 (b)(1)(2)(3)(4) and NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
that sanctions are appropriate vs. Nationstar and its Akerman attorneys pursuant to NRCP 11 (b)(1)(2)(3)(4) (misrepresentations in court filings), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation).
To declare that Joel Stokes’ deed, recorded on 5/1/19, was void as Jimijack had no interest to convey and that this transfer prior to the 6/5/19 trial was for the corrupt purpose of deceiving the court into allowing Joel Stokes and Nationstar to perpetrate a fraud on the court;
That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
That Nona Tobin is entitled to recoup damages, five years of rental income from Jimijack;
that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed, or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and See 4/7/21 request for judicial notice of relevant laws and “What is lis pendens?” and
that attorneys pay Tobin’s attorney fees and costs as a sanction pursuant to NRCP 11(b)(1)(3) and/or NRS 18.010(2)
On 3/8/21, Nona Tobin filed an answer, affirmative defenses and counter-claims vs. Red Rock, and cross-claims against nationstar and wells Fargo.
Link to NONA TOBIN’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, 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
It is long and complex, and so it is published here in segments.
This blog is the counter-claim vs. Red Rock which has five causes of action: 1) distribution of the proceeds to Tobin plus interest & penalties (Interpleader); 2) unjust enrichment/conversion; 3) Fraud; 4) Alter ego -piercing the corporate veil; 5) Racketeering.
Counterclaim vs. Red Rock Financial Services
PARTIES
See Exhibit 22 for 1/31/17 cross-claim vs. HOA parties pg 2-3, 5th cause of action unjust enrichment (pgs 18-19), statement of facts (pgs 5-9)
Cross-claimant NONA TOBIN, an Individual, (Herein “Cross-claimant” or “Tobin”) was the sole successor trustee, beneficiary and surviving member of the Gordon B. Hansen Trust, dated 8/22/08, (Herein “Hansen Trust”) that held recorded title to the subject property from 8/27/08 until a foreclosure deed was recorded on August 22, 2014 transferred title to the alleged purchaser at the disputed HOA sale.
Tobin claims an individual interest in this property as all the GBH Trust’s claims to title were transferred to Tobin as an individual via a quit claim deed, recorded on 3/28/17.
Also on 3/28/17 the Hansen Trust was closed as it was insolvent when its sole asset was transferred out of the trust. NONA TOBIN claims the proceeds of the sale unlawfully retained by Koch & Scow, with interest, penalties and sanctions.
JURISDICTION, VENUE
The real property which is the subject of this civil action is a residence commonly known as the 2763 White Sage Drive, Henderson, NV 89052, APN 191-13-811-052, (hereinafter “Property”).
This action is within the jurisdictional limits of this Court and this venue is appropriate because the real property is located within the jurisdiction of this Court.
The Court has the authority under NRS 30.030 to declare rights, status and other legal relations of the respective parties in this NRS 40.010 quiet title dispute.
NRS 30.130 limits the Court’s authority to ensure that the rights of parties who are not present from being prejudiced by court actions in their absence.
The Court’s jurisdiction in cases involving the interpretation, application or enforcement of any covenants, conditions or restrictions (CC&Rs) applicable to residential property or any bylaws, rules or regulations adopted by an association (HOA) to parties who have submitted their claims to mediation in the manner proscribed in NRS Chapter 38.
NRS 38.310(2) limits the Court’s jurisdiction to adjudicate claims that have been
The Court’s jurisdiction in this case requires an interpretation of NRS 116.31164(3) (2013) which mandated the ministerial duties Red Rock Financial Services (Herein “RRFS”) was required to perform promptly after it conducted the disputed 2014 HOA foreclosure sale.
This Court’s jurisdiction includes the authority to impose sanctions on Red Rock Financial Services for its failure to comply, and to ensure that the HOA Board complied, with with ALL the statutory mandates for conducting a valid HOA foreclosure sale, included in NRS 116.3116-NRS 116.31168 (2013), NRS 116A.640 (8), (9), (10), NRS 116.31083, NRS 116.31085, NRS 116.31031, NRS 116.1113, NRS 116.31065, NRS 116.3102, NRS 116.31087, NRS 116.31175, NRS 116.31183, NRS 116.31184, NRS 116.4117
This Court’s jurisdiction includes the authority to impose sanctions on Red Rock Financial Services for its failure to provide, and its failure to ensure that the Sun City Anthem (Herein “SCA”) Board provided ALL the owner protections, notice and due process mandated by the HOA governing documents, SCA Board 2013 Delinquent Assessment Policy (SCA 168-175). SCA Board Resolution 1/17/11 Policy and Procedure for enforcement of the governing documents (due process before imposing sanctions for alleged violations), SCA bylaws 3.21(f)(v) (owner access to quarterly delinquency reports) , SCA bylaws 3.15 (open Board meetings), SCA bylaws 3.15A (closed Board meetings permissible topics), SCA bylaws 3.18/3.20 (delegation by SCA board prohibited), SCA bylaws 3.26, SCA bylaws 6.4 (owner access to records), CC&Rs 7.4 (enforcement (due process before imposing sanctions),
This Court’s jurisdiction includes the authority to determine the standing of the defendants named by Red Rock to assert a claim for the excess proceeds from the HOA sale.
The court has jurisdiction to impose sanctions against parties who have recorded false claims to title as defined by NRS 205.395 and to consider the severity of the sanctions in terms of other statutes applicable to, and commensurate with, the frequency and seriousness Nationstar’s corrupt business practices, under the auspices of NRS 205.377, NRS 207.360 (9)(10)(30)(35), NRS 207.400 NRS 207.470 (1)and (4), and NRS 207.480.
See Exhibit 20 – Relevant statutes and regulations.
Plaintiff RRFS knows that all the liens recorded related to named Defendants other than Nona Tobin, i.e., Republic Services, Wells Fargo, and Nationstar have been released on 3/30/17, 8/17/04, 3/12/15, and 6/3/19, respectively. See Exhibit 1.
The HOA sale was void as payments and tenders after 7/1/12 were rejected, misappropriated, misrepresented and/or concealed. Default did not occur as described in the 3/12/13 Notice of default or as recited in the 8/22/14 foreclosure deed. See Exhibit 2.
The Default was cured three times, but RRFS kept pursuing the predatory path to unwarranted, unjustly profitable foreclosure. See Exhibit 3.
There was no valid authorization of the sale, but RRFS disclosed deceptive and falsified documents to create the misrepresentation of reality. See Exhibit 4.
Required notices were not provided, but RRFS falsified records to cover it up. See Exhibit 5.
SCA Board imposed the ultimate sanction against the estate of the deceased homeowner, but RRFS and SCA attorneys concealed and misrepresented material facts and the law to cover it up. See Exhibit 6.
Bank of America never was the beneficiary of the Hansen deed of trust, but committed mortgage servicing fraud, refused to let two fair market value sales close escrow, refused to take the title on a deed in lieu, took possession without foreclosing, and used attorney Rock K. Jung to covertly tender delinquent assessments to circumvent the owner’s rights under the PUD Rider remedies (f) to confiscate her property without foreclosing. See Exhibit 7.
Many examples of RRFS’s corrupt business practices exist of keeping fraudulent books, scrubbing page numbers from ledgers, combined unrelated documents to rewrite history, scrubbing dates from emails, not documenting Board actions, and much more. See Exhibit 8.
All opposing counsels in all the litigation over the title to this one property made misrepresentations in their court filings and made oral misstatements of material facts and law at hearings. See Exhibit 9.
The proceeds of the sale were not distributed in 2014 and RRFS’s complaint for interpleader in 2021 was filed in bad faith. See Exhibit 10.
RRFS concealed the 4/27/12 debt collection contract that requires RRFS to indemnify the HOA and has been unjustly enriched, thereby well over $100,000 in fees and considerably more in undistributed proceeds. RRFS did not participate in NRS 38.310 mediation in good faith. See Exhibit 11.
In case A-19-799890-C, Brody Wight knowingly filed a motion to dismiss Nona Tobin’s claims pursuant to NRCP (b)(5) and NRCP (b)(6) that was totally unwarranted, harassing, disruptive of the administration of justice, not supported by facts or law, and filed solely for the improper purpose of preventing discovery of the crimes of his law firm and its clients. See Exhibit 12.
None of the opposing counsels have acted in good faith in compliance with the ethic standard of their profession. All have failed in their duty of candor to the court, wasted millions of dollars in judicial resources, and have engaged in criminal conduct to further the criminal conduct of their clients. See Exhibit 13.
Attorneys have knowingly presented false evidence into the court record in discovery. See Exhibit 14.
Nationstar and RRFS conspired to conceal the manner in which RRFS covertly rejected Nationstar’s $1100 offer to close the MZK sale. Civil Conspiracy. See Exhibit 15.
First cause of Action: Interpleader NRCP 22
For a declaratory judgment that RRFS must distribute the retained funds to Nona Tobin with interest as there are no parties with higher priority and all the liens of named defendants have been released.
Second Cause of Action: (Unjust Enrichment) or (Conversion)
Plaintiff/counter-defendant RRFS has been unjustly enriched:
by adding unauthorized fees,
by applying assessment payments to fees first,
by suppressing bidding through selective notice to only speculators,
by unlawfully exerting proprietary control of funds belonging to Nona Tobin, Sun City Anthem and others,
by keeping two sets of books,
by presenting false evidence to the court,
by conspiring with lenders and aiding and abetting them to assert ownership of deeds of trust they do not own.
In Nevada, the elements for a claim of conversion are:
A distinct and intentional act of dominion by one which is wrongfully exerted over the property of another;
Act committed in denial of, or inconsistent with the rightful owner’s use and enjoyment of the property;
Act committed in derogation, exclusion, or defiance of the owner’s rights or titled in the property; and
Causation and damages
M.C. Multi-Family Development, L.L.C. v. Crestdale Assoc., Ltd., 193 P.3d 536, 543 (Nev., 2008); Evans v. Dean Witter Reynolds, 5 P.3d 1043 (Nev. 2000); Bader v. Cerri, 96 Nev. 352, 609 P.2d 314 (1980); Wantz v. Redfield, 74 Nev. 196 (1958); Boylan v. Huguet, 8 Nev. 345 (1873).
All of the elements of conversion are met and established by the evidence in the exhibits.
Third Cause of Action: Fraud
Defendant RRFS made multiple false representations or misrepresentations as to a past or existing fact; See Exhibits. There are examples in almost all of them.
With knowledge or belief by defendant that representation is false or that defendant lacks sufficient basis of information to make the representation;
Defendant intended to induce plaintiff to act in reliance on the representation;
Justifiable reliance upon the representation by the plaintiff;
Causation and damages to plaintiff as a result of relying on the misrepresentation; and
Clear and convincing evidence exists and is pleaded with specific evidence in the exhibits filed herein.
NRCP 9; NEVADA JURY INSTRUCTIONS 9.01; Jordan v. State ex rel. Dep’t of Motor Vehicles & Pub. Safety, 121 Nev. 44, 75, 110 P.3d 30, 51 (2005); J.A. Jones Constr. Co. v. Lehrer McGovern Bovis, Inc., 120 Nev. 277, 89 P.3d 1009 (2004); Barmettler v. Reno Air, Inc., 14 Nev. 441, 956 P.2d 1382 (1998); Blanchard v. Blanchard, 108 Nev. 908 (1992); Bulbman, Inc. v. Nev. Bell, 108 Nev. 105, 111, 825 P.2d 588, 592 (1992); Albert H. Wohlers & Co. v. Bartgis, 114 Nev. 1249, 1260, 969 P.2d 949, 957 (1998); Sanguinetti v. Strecker, 94 Nev. 200, 206, 577 P.2d 404, 408 (1978); Lubbe v. Barba, 91 Nev. 596, 541 P.2d 115 (1975).
Fourth Cause of Action: Alter Ego Piercing the Corporate Veil
On 1/31/17, Nona Tobin filed a cross – claim versus Sun City Anthem and identified “HOA Agents” as the true perpetrators of the wrongdoing. See Exhibit 21 for the description of why these agents were not named as parties.
RRFS and SCA withheld and concealed all contracts and all identification of the parties in a manner that completely obscured the money trail.
The Nevada Supreme Court has held that, though generally “[t]he corporate cloak is not lightly thrown aside,” nevertheless there are some situations in which blind “adherence to the fiction of a separate entity [of the corporation] [would] sanction a fraud or promote injustice.” Baer v. Amos J. Walker, Inc., 85 Nev. 219, 220, 452 P.2d 916, 916 (1969). The court has therefore carved out an exception to the general rule of faithfully respecting the corporate form and corporate independence, i.e., the so-called “alter ego” exception, by which the corporate veil can be pierced. Id. The Supreme Court of Nevada, in the matter of McCleary Cattle Co. v. Sewell, adopted a three prong test for ignoring the separate existence of a corporation in determining “alter ego liability.” McCleary, 73 Nev. 279 at 282, 317 P.2d 957 (1957). This test has since been codified in by Nevada Statute, NRS 78.747:
Jay Young, Nevada Law Blog
FIFTH CAUSE OF ACTION vs. RRFS (Racketeering)
COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR engaged in racketeering activities as defined in NRS 207.360 and a racketeering enterprise as is defined in NRS 207.380;
COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR, acting directly, and in conspiracy with one another or through their syndicate(s), participated directly in racketeering activity by engaging in at least two crimes related to racketeering;
COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’s activities have the same or similar pattern, intent, results, accomplices, victims, or methods of commission, or otherwise interrelated by distinguishing characteristics and are not isolated events;
COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR acquired or maintained directly or indirectly an interest in, or control of, any enterprise, or defendants are employed by or associated with any enterprise to conduct or participate directly or indirectly in the affairs of the enterprise through a racketeering activity;
COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s injuries flow from the defendant’s violation of a predicate Nevada RICO act;
NONA TOBIN’s injury was proximately caused by the defendant’s violation of the predicate act;
NONA TOBIN’s did not participate in the commission of the predicate act; and
NONA TOBIN is entitled to institute a civil action for recovery of treble damages proximately caused by the RICO violations. NRS 207.470(1).
COUNTER-DEFENDANT RRFS conspired with, aided and abetted CROSS-DEFENDANT NATIONSTAR, and many other lenders, to perpetrate a fraud on the court with a quid pro quo of Nationstar’s (and fill-in-the-blank OTHER LENDER’S NAME)’s not asserting a claim for the excess proceeds so Koch & Scow could keep whatever proceeds they wanted without fear of audit or challenge.
On 3/8/21 Nona Tobin filed an answer and counter-claim when Red Rock sued her over the money they stole from her in 2014. This blog contains the answer and links to the exhibits.
Nona’s answer
Answering the allegations contained in paragraph 2. See Exhibit 17.
Answering the allegations contained in paragraphs 3 of the Complaint, Nona Tobin, admits that Wells Fargo is a national banking association doing business in Clark County, but denies that Plaintiff acted in good faith when it named Wells Fargo as a defendant.
Nona Tobin denies the allegation that Wells Fargo was properly named as a defendant by allowing the documents to speak for themselves. See Exhibit 1 and Exhibit 18.
Answering the allegations contained in paragraphs 4 of the Complaint, Nona Tobin, admits that Defendant Republic Services, Inc. is a Nevada corporation doing business in Clark County, but denies that Plaintiff acted in good faith when it named Republic Services, Inc as a defendant, and denies the allegations by allowing the documents to speak for themselves. See Exhibit 1 and Exhibit 16.
Answering the allegations contained in paragraphs 5 of the Complaint, Nona Tobin admits Nationstar Mortgage LLC was incorporated in Delaware and during all relevant times was doing business in Clark County, NV under NV Business ID: NV20101844335, but denies that Plaintiff acted in good faith when it named Nationstar Mortgage LLC as a defendant.
Nona Tobin denies RRFS’s allegation that Nationstar LLC has any standing to assert a claim in this interpleader action for any portion of the proceeds by allowing the documents to speak for themselves. See Exhibit 1 and Exhibit 20.
Answering the allegations contained in paragraph 10, quoted here below, Nona Tobin denies the allegations contained therein as they grossly misrepresent the facts and the duties owed. See Exhibits 8, 10, 12, 13, 14, 15, 16, 17.
In connection with the foreclosure sale, the Association was paid the money it was owed, and RRFS was paid its fees and costs incurred in collecting the debt as allowed by contract and Nevada law.
After paying these costs, RRFS was left with funds of $57,282.32. RRFS has no further direct interest in such funds.
These funds have been deposited into counsel’s attorney-client trust account and $3,500 has been withheld as costs, expenses, and fees to commence this action.
The remainder of such funds will be deposited with the Court until such time and place as directed by this Court.
Red Rock’s law suit against Nona Tobin & others, page 3, paragraph 10
On 2/16/21, Red Rock Financial Services served a notice on Nona Tobin that Red Rock was suing her over the money Red Rock stole from her over six years ago.
Why is Nona being sued? What relief could Nona give Red Rock?
Short answer. Nothing.
Red Rock sued Nona to obstruct a fair adjudication of her claims and to cover up its criminal conduct by suppressing evidence.
Nona still had to do a lot of work to deal with it.
The significance of Red Rock’s abusive, predatory debt collector’s corrupt business practices is that virtually none of its victims have the resources to fight back.
Poor people just lose by default because they don’t know what to do, and they don’t have anyone to help them.
Nona is fighting back.
These 19 affirmative defenses published here are one section of what Nona filed on 3/8/21 to get the money that Red Rock stole and to get penalties and damages.
Red Rock ignored the statute governing the distribution of the proceeds of the HOA sale in 2014 & also refused requests to distribute in 2014 & 2016 and in civil actions in 2017, 2019, & 2020.
3/8/21 Nona filed an answer, affirmative defenses, and a counterclaim against Red Rock
Nona’s 19 affirmative defenses say why Red Rock is not entitled to any requested relief
First Affirmative Defense: (Failure to State a Claim)
Plaintiff RRFS’s Complaint fails to state a claim against Nona Tobin upon which relief can be granted. Plaintiff’s Complaint fails to say what possible relief Nona Tobin could provide RRFS for its failure to distribute the proceeds of the 8/15/14 sale in the manner proscribed by the statute.
Second Affirmative Defense: (Estoppel)
Each and every one of the Plaintiff’s alleged rights, claims, and obligations which it seeks to enforce against Defendant is, by Plaintiff’s conduct, agreement, or otherwise, barred by the doctrine of estoppel.
Third Affirmative Defense: (Fraud)
Plaintiff RRFS’s claims, and Nationstar’s claims, and each of them, are barred due to fraud.
Fourth AFFIRMATIVE DEFENSE: (Illegality)
Plaintiff’s claim is barred as a result of its prior wrongful conduct. The HOA sale at issue is void, as it involved agreements to commit illegal acts.
Fifth Affirmative Defense: (Waiver)
Each and all of Plaintiff’s rights, claims, and obligations as set forth in the Plaintiff’s Complaint, has, or have, by conduct, agreement or otherwise been waived.
Sixth Affirmative Defense: (Failure to join the HOA as an alleged necessary party per to NRCP (b)(6))
Plaintiff alleged in its 6/23/20 motion to dismiss into A-19-799890-C that Nona Tobin’s failure to join the HOA as a necessary party under NRCP 19 to protect its interest in the proceeds was grounds pursuant to NRCP 12(b)(6) to dismiss her unjust enrichment claim against RRFS for failure to distribute the proceeds from the 8/15/14 sale.
In its 2/15/21 complaint for interpleader, RRFS falsely stated on page 3
10. In connection with the foreclosure sale, the Association was paid the money it was owed, and RRFS was paid its fees and costs incurred in collecting the debt as allowed by contract and Nevada law.
2/16/21 Red Rock interpleader complaint, page 3, paragraph 10
Seventh AFFIRMATIVE DEFENSE:(General and Equitable Defenses Applicable to All Claims)
Plaintiff has suffered no damages and, therefore, is not entitled to relief.
Plaintiff has suffered no harm as a result of Defendant NONA TOBIN’s conduct.
Any damages suffered by Plaintiff were not the direct or proximate result of Defendant NONA TOBIN’s actions. If Plaintiff sustained any injuries, economic or otherwise, its injuries were proximately caused by Plaintiff’s failure to mitigate damages and/or to take corrective action. Accordingly, any and all recovery is barred or should be limited to the extent or degree of Plaintiff’s failure to mitigate damages.
Plaintiff RRFS’s claims are barred by the doctrine of unclean hands and Plaintiff RRFS’s failure to do equity.
Plaintiff RRFS’s claims, if valid, are offset by the claims which Defendant has against Plaintiff. Defendant is not jointly or severally liable for any of the damages alleged in the claims.
At all times, Defendant NONA TOBIN acted in a legally permissible way.
Eighth Affirmative Defense: (Priority)
Red Rock and its attorneys know there are no recorded liens with priority over Nona Tobin’s claim as an individual with a deed recorded on 3/28/17 the sole beneficiary and successor in interest to the Gordon B. Hansen Trust, dated 8/22/08.
Ninth Affirmative Defense: (False claims to title)
RRFS recorded defective and unauthorized claims against title on 12/14/12, 3/12/13, 4/3/13, 4/8/13, and caused a foreclosure deed to be recorded that contained false recitals so Defendant’s right of redemption was not lost.
RRFS knows that Nationstar has recorded multiple unauthorized, false, and conflicting claims regarding the Hansen deed of trust and is judicially estopped from claiming a portion of the proceeds.
Exhibit 1 is the Clark County 2003-2021 property record for the subject property, APN 191-13-811-052, with false claims identified.
Tenth Affirmative Defense: (Violation of Covenant of Good Faith – NRS 116.1113)
Plaintiff did not conduct a fair, valid sale; did not participate in mediation in good faith; falsified records to create the deception that mandatory notices had been sent, misappropriated the HOA’s money; filed the NRCP 22 interpleader complaint and the 6/23/20 motion to dismiss into A-19-799890-C in bad faith for the improper purpose of preventing judicial scrutiny of the evidence. See Exhibits 2, 3, 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, 17.
Plaintiffs’ claims are barred by the equitable doctrines of laches, unclean hands, and failure to do equity by obstructing judicial scrutiny of the evidence to evade detection of the criminal conspiracy, racketeering, bid suppression, and other fraudulent conduct of the co-conspirators; provided falsified evidence in response to subpoena; withheld and misrepresented materials facts; conspired with others to commit a fraud on the court.
Twelfth Affirmative Defense: (Acceptance)
Any acceptance of any portion of the excess proceeds does not “satisfy” the amount due and owing to Defendant NONA TOBIN as the result of the unfair and fraudulent foreclosure sale conducted by RRFS, and acceptance would not constitute a waiver of her rights under Nevada law or Sun City Anthem’s governing documents.
Thirteenth Affirmative Defense: Waiver and Estoppel
By reason of Plaintiff RRFS’s acts and omissions, Plaintiff RRFS has waived its rights and is estopped from asserting any claims against NONA TOBIN, either as an individual or as the trustee of the Hansen Trust.
By reason of Plaintiff RRFS’s acts and omissions, and conspiracy with Nationstar, RRFS is judicially estopped from claiming that Nationstar has any rights to the proceeds, as it was never was the Hansen promissory noteholder or the beneficiary or the trustee with power of sale
By virtue of its false evidence entered into the court record in response to subpoena, Plaintiff RRFS has waived its rights and is estopped from asserting that the HOA sale was valid to extinguish NONA TOBIN’s rights, privileges and title.
Fourteenth Affirmative Defense: Fraudulent Misrepresentation and Fraudulent Concealment
Plaintiff RRFS concealed that it had covertly, unilaterally rejected two super-priority tenders, either one of which RRFS knows, voided the sale in its entirety.
RRFS 047, 8/28/14 memo to Steven Scow, and RRFS 048, 8/21/14 $57,282.32 check made out to Clark County District Court, were not interpleaded in 2014, were retained in the wrong trust fund, violated RRFS’s fiduciary duty as Sun City Anthem’s agent, and were deceptive disclosures, following the same corrupt modus operandi as Koch & Scow have employed with multiple other undistributed proceeds.
Fifteenth Affirmative Defense: (Failure to Mitigate Damages)
Plaintiffs’ claims are barred in whole or in part because of the Plaintiffs’ failure to take reasonable steps to mitigate damages.
Sixteenth Affirmative Defense: Unconstitutional
The HOA sale is void as noncompliant with the Property Clause of the United States Constitution.
Defendant NONA TOBIN cannot be deprived of her property interest in violation of the Procedural Due Process Clauses of the 5th and 14th Amendments of the United States Constitution and Article 1, Sec. 8, of the Nevada Constitution.
The HOA sale is void or otherwise does not operate to extinguish the title rights of Nona Tobin, an individual, as the successor in interest to the Hansen Trust or of the Gordon B. Hansen Trust, dated 8/2/08, property owner at the time of the defective HOA sale as the due process and notices required pursuant to NRS 116.31031 and/or NRS 116.31162 – NRS 116.31164 were provided to Nona Tobin prior to or subsequent to the sale and non-compliance with applicable Nevada statutes, inter alia, NRS 116.3102, NRS 116.31083, NRS 116.31085, NRS 38.310, NRS 116.31162 -NRS 116.31168 (2013), NRS 116.1112, NRS 116.31031, NRS 116.31087, NRS 116.31175, NRS 116.31185, NRS 116.31187, NRS 116.4117
Eighteenth Affirmative Defense: (Rejections of two super-priority payments)
RRFS and Nationstar concealed that RRFS covertly rejected Nationstar negotiator Veronica Duran’s 5/28/14 offer to pay the HOA $1100 three months over the super-priority portion of the HOA lien to close the 5/8/14 www.auction.com $367,500 sale to MZK Properties to the HOA and/or its agents and therefore discharged the super-priority portion of the HOA’s lien, so that title by foreclosure passed to the buyer subject to the deed of trust.
Nineteenth Affirmative Defense:(Violations of HOA CC&Rs Owner Protections)
The HOA sale is void as noncompliant with the CC&Rs 7.4 Clause that defines the due process required before a sanction can be imposed against a homeowner for an alleged violation of the governing documents.
Litigation was only required because SCA’s manager, RRFS, and the HOA’s insurance carrier’s attorneys obstructed Nona Tobin’s access to the HOA CC&Rs XVI Limitations on Litigation provision. See “Why Alternate Dispute Resolution?”
3/15/21 RFJN request judicial notice of property record identifying recorded false claims to title
3/22/21 TPC third party complaint (not yet served) vs. attorneys for abuse of process, racketeering, fraud, civil conspiracy and prayer for declaratory relief, restitution, punitive damages, and sanctions
4/4/21 RFJN unadjudicated claims by Tobin and Nationstar
4/15/21 CONFILE Tobin 4/12/21 motion to distribute corrected re-filed
4/16/21 CNNDCA clerks’ notice of curative action to nonconforming document
4/16/21 MDSM Red Rock motion to dismiss Tobin’s 3/8/21 AACC per NRCP 12(5), claims preclusion, failure to state a claim, failure to plead fraud and racketeering with particularity
4/16/21 CNOH CLERK’s notice of hearing Tobin motion for an order to distribute on 5/18/21
4/16/21 CNOH CLERK’s notice of hearing Red Rock motion to dismiss
Back story of this David vs. Goliath fight
“How did Nona Tobin lose the $500,000 house she inherited from Bruce Hansen? ”
How did Nona Tobin lose the $500,000 house she inherited from Bruce Hansen? was first published on 10/9/20 when Nona started trying (unsuccessfully) to use technology to level the playing field by naming and shaming.
“What happened after Sun City Anthem refused Nona’s 2017 offer to settle?”
“What happened after Sun City Anthem refused Nona’s 2017 offer to settle?” was published on 11/9/20 after Nona was subjected to four years of unwarranted, financially draining, and emotionally taxing litigation.
“The house that took over a life” was first published on SCAStrong.com on 1/14/18. Things have gotten considerably worse after three more years of grueling litigation.
Case Detail A-21-828840-C as of 4/10/21
Register of Actions as of 4/10/21 includes Red Rock’s complaint served on five defendants on 2/16/21; Nona Tobin’s 3/8/21 answer and counterclaim and crossclaim; four Tobin requests for judicial notice. On 4/9/21 Melanie Morgan filed an untimely answer for both Nationstar and Wells Fargo, but filed no counter-claims against Red Rock. Morgan did not answer Nona Tobin’s 3/8/21 cross-claim against her clients.
The instant case: Red Rock Financial Services filed an unwarranted interpleader complaint after unlawfully retaining the proceeds of the disputed HOA sale for over six years.
Red Rock did not face any liability, let alone liability for an amount that exceeded the proceeds unlawfully retained. Red Rock filed this complaint for the improper purpose of obstructing justice, i.e., trying to moot appeal case 82294 and to cover up the unlawful failure to distribute the proceeds of the sale in 2014 as mandated by statute. Five defendants were named when only one, Nona Tobin as an individual, has a current recorded claim for the undistributed proceeds.
2013 Nevada law governing the distribution of proceeds after an HOA foreclosure sale was NRS 116.31164(3)
NRS-116.31164-3-2013. Red Rock and/or Steven Scow unlawfully retained the proceeds for over six years from this and many other foreclosures. There is nothing in Nevada law that allows Red Rock to collect attorney fees or costs for filing interpleader. There are also provisions in the HOA bylaws that prohibit any funds collected on behalf of Sun City Anthem from being under the proprietary control of anyone other than the HOA Board of Directors. Steven Scow’s retention of proceeds after being instructed by Red Rock in 2014 to interplead them should be investigated as possible attorney trust fund violations.
Red Rock asked Steven Scow to interplead the proceeds in 2014
Steven Scow for Red Rock’s interpleader prayer for relief
Red Rock’s interpleader prayer for relief is duplicitous as Red Rock conducted a fraudulent sale, and with no legal authority, Steven Scow and/or Red Rock kept virtually all the money for years.
2/3/21 Red Rock’s Complaint has 1 cause of action: interpleader
2/16/21 Red Rock Complaint was served on 5 defendants
Within 24 hours of service on Republic Services’ commercial agent in Carson City, an attorney in Las Vegas filed a Republic Services’ disclaimer of interest. According to the statute, Red Rock was required to distribute the sale proceeds to junior lien holders in 2014. Red Rock did not distribute the proceeds and so the three-year statute of limitations on statutory liens, Republic Services had already released its two liens in 2017. Given how very, very many times Red Rock has pulled this stunt, one would think Republic Services would have at least a little reluctant to disclaiming interest.
Nona Tobin’s answer, affirmative defenses, counter-claims and cross-claims
No defendant timely answered Red Rock or filed any counter-claims or cross-claims except Nona Tobin as an individual
Nona Tobin’s 3/8/21 counter-claim against Red Rock has five causes of action: 1) distribution of the proceeds to Tobin plus interest & penalties; 2) unjust enrichment/conversion; 3) Fraud; 4) Alter ego -piercing the corporate veil; 5) Racketeering.
Nona Tobin’s 3/8/21 cross-claim against Nationstar and Wells Fargo includes three causes of action: 1) Racketeering, 2) Unjust enrichment/conversion; and 3) Fraud.
As of 4/11/21, no counter-defendant nor cross-defendant has filed a responsive pleading to refute Tobin’s claims against them.
Counter-claimant and cross-claimant Nona Tobin’s Prayer for relief
COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN repeats, realleges, and incorporates herein by this reference the allegations hereinabove inclusively as though set forth at length and in full herein.
This counterclaim has been necessitated by the COUNTER-DEFENDANT RRFS’s AND CROSS-DEFENDANT NATIONSTAR’s bad faith conduct.
Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct. (Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).
COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:
that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title;
that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005.
that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales;
that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds;
that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association;
that sanctions are appropriate vs. RRFS for its failure distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3):
that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected;
Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence, defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation).
that sanctions are appropriate vs. RRFS for its misappropriation of funds, covert rejection of assessments, falsification of records that allowed the unjust enrichment of undisclosed partners and co-conspirators;
that Nona Tobin is entitled to treble damages for the fraudulent confiscation of the subject property, valued on 12/27/19 at $505,000 property pursuant to NRS 207.470(1) as RRFS’s actions on the dozen 2014 unnoticed foreclosures constitute racketeering;
that sanctions are appropriate pursuant to NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345;
that the Joel Stokes-Civic Financial Services “agreement”, recorded on 5/23/19, and misrepresented to Judge Kishner on 5/21/19 as the Nationstar-Jimijack settlement was fraud on the court and sanctionable conduct pursuant to ;
that sanctions are appropriate vs. Nationstar and its Akerman attorneys pursuant to NRCP 11 (b)(1)(2)(3)(4) (misrepresentations in court filings), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation).
To declare that Joel Stokes’ deed, recorded on 5/1/19, was void as Jimijack had no interest to convey and that this transfer prior to the 6/5/19 trial was for the corrupt purpose of deceiving the court into allowing Joel Stokes and Nationstar to perpetrate a fraud on the court;
That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
That Nona Tobin is entitled to is entitled to recoup damages, five years of rental income from Jimijack;
that Nationstar Mortgage LLC’s (Herein “NSM” or “Nationstar”) claims to own the beneficial interest of the disputed Western Thrift Deed of Trust (Herein “DOT”) are false and sanctionable under NRS 205.395, NRS 205.377, NRS 207.400 and that Nona Tobin is entitled to treble damages by their misconduct pursuant to NRS 207.470 and 480;
that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and
that attorneys pay Tobin’s attorney fees and costs as a sanction pursuant to NRCP 11(b)(1)(3) and/or NRS 18.010(2)
Exhibits to Nona Tobin’s 3/8/21 counter-claims and cross-claims
Four causes of action and claims for relief, damages and sanctions were filed against attorneys as individuals rather than against their clients. The causes of action were 1) abuse of process; 2) Fraud; 3) Civil Conspiracy; 4) Racketeering.
Nona Tobin’s 3rd party complaint prayer for relief
that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants engaged in abuse of the HOA quiet title civil litigation process to steal Nona Tobin’s property;
that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants acted alone and/or in concerted action and/or in civil conspiracy to misrepresent material facts to the court in order to defraud the court and to steal Nona Tobin’s property;
that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants knew, or had reasonable cause to know that their actions violated many Nevada laws and that their actions would cause damage to innocent persons;
that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants concealed the unethical and/or criminal actions of co-conspirators and others;
that the disputed HOA sale did not extinguish the GBH Trust’s nor its successor trustee’s rights to title;
that Plaintiff is entitled to the $57,282 undistributed proceeds of the sale;
that Plaintiff’s 3/28/17 deed as an individual is valid and superior to the Jimijack’s defective, inadmissible 6/9/15 deed and the 5/1/19 deed of Jimijack’s successor Joel Stokes; that Plaintiff is entitled to recoup damages, five years of rental income from Jimijack;
that Nationstar Mortgage LLC’s (Herein “NSM” or “Nationstar”) claims to own the beneficial interest of the disputed Western Thrift Deed of Trust (Herein “DOT”) are false;
that all instruments, encumbrances and assignments improperly and/or unlawfully notarized, executed or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of all prior litigation and appeals, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and
that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants, attorneys as well as the principals, in all related litigation pay Tobin’s attorney fees and costs as well as exemplary and punitive damages to the maximum allowed by NRS 42.005;
that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants, attorneys as well as the principals, in all related litigation pay restitution and punitive damages for their RACKETEERING pursuant to NRS 207.360(9)(18)(29)(30)(35); NRS 207.390, NRS 207.400(1)(2) and FRAUD pursuant to NRS 205.330, NRS 205.360, NRS 205.372, NRS 205.377, NRS 205.395, NRS 205.405, NRS 111.175, and/or for their aiding and abetting said unlawful RICO acts;
that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants, attorneys as well as the principals, pay EXEMPLARY AND PUNITIVE DAMAGES PURSUANT TO NRS 42.005 and NRS 207.470(1)&(4).
that the Court provide findings of fact to the Nevada Bar Counsel for the Ethics & Disciplinary Panel to impose appropriate attorney sanctions as the court may find are justified given their misconduct pursuant to NRCP 11(b)(1-4); NRPC 3.1, 3.3, 3.4,3.5(b), 4.1, 4.4, 5.1, 5.2, 8.3, 8.4.
Order to expunge 8/8/19 LISP, 8/14/19 LISP & 8/14/19 LISP Tobin LIS pendens and to dismiss Tobin’s claims with prejudice recorded by quicken attorney maurice wood while appeals 82094, 82234, 82294 and 79295 are pending.
reconveyance of Joel Stokes’s $355,000 5/23/19 dot that masqueraded as Nationstar-Jimijack deal.
5/21/19 transcript Nationstar-Jimijack settlement docs status check.
T Dixon v-p 1st American Title executed reconveyance 2/5/20, > 1 month after quicken recorded 12/27/19 $353,500 loan 2 Chiesi and Driggs title allegedly insured the Chiesi title.
DEED grant, sale bargain (not quit claim) Joel Stokes, an individual, alleged he had a valid title to transfer to Brian & Debora Chiesi. Joel Stokes did not have a valid title as Jimijack had no valid title to transfer to Joel Stokes on 5/1/19.
Driggs title agency, INC. 7900 w sahara #100 lv 89117-7920. Escrow #19-11-120779jh DECLaration of value
On 12/3/19 Hong recorded notice of 11/22/19 a-15-720032-c order that erroneously expunged Tobin 8/8/14 LIS pendens re a-19-799890-c 8/7/19 complaint and 7/23/19 appeal and 7/24/19 appeal into 79295
8/8/19 sca motion to strike Tobin’s pro se 8/7/19 nolp was granted on 9/3/19 rtran, but sua sponte 11/22/19 order was wrongly written to both expunge 8/8/19 LISP (outside judge kishner’s jurisdiction) and to strike 8/7/19 nolp from the a-15-720032-c court record 11/22/19 order, recorded 12/3/19, was unappealable per order 20-13346 wherein the nv supreme court claimed 11/22/19 order was outside its jurisdiction.
9/10/19 nv supreme court order 19-37846 denied Nona Tobin all rights to appeal any decision made by judge kishner.
Judgment Hong recorded 6/24/19 order vs GBH trust on 7/24/19 after he received notice of two appeals filed on 7/23/19 and 7/24/19.
6/24/19 order expunged 56/19 LIS pendens which related to the claims of both Nona Tobin, an individual, and the Hansen trust , but Nona Tobin, an individual, ws excluded from the trial and removed as a party unfairly due to the misrepresentations joseph Hong made to judge kishner at a 4/23/19 hearing held ex parte due to Hong serving notice that the hearing was continued to 5/7/19.
Akerman recorded (cover sheet) release of Nationstar’s 1/13/16 LISP re NSM vs op homes (ROLP page 2). Akerman did not serve any notice of the release into a-16-730078-c where my 4/24/19 motion to vacate the HOA’s MSJ and NSM’s joinder (per NRCP 60(b)(3) fraud) and motion for summary judgment vs all parties was still unheard.
DEED Joel a. Stokes & Sandra f. Stokes, as trustees of Jimijack irrevocable trust to Joel a. Stokes, individual.
The Joel Stokes’ DEED was recorded five weeks before the 6/5/19 trial.
The 6/6/19 trial allegedly adjudicated GBHt trustee Nona Tobin’s 2/1/17 counterclaim vs Jimijack for quiet title & equitable relief, fraudulent reconveyance (Jimijack’s DEED was inadmissible per NRS 111.345), unjust enrichment (collecting rent from 9/25/14, not 6/9/15 as Jimijack DEED claimed, after a fraudulent sale), civil conspiracy (bid suppression, selective notice of sale to speculators) and preliminary/permanent injunctions (prevent sale or transfer during pendency of proceedings).
The 6/6/19 trial also allegedly adjudicated 2/1/17 cross claim vs. Yuen k. Lee dba f. Bondurant LLC.
Jimijack did not have an admisible DEED.
No Jimijack irrevocable trust instrument was ever disclosed so there is no reason to believe there was any legal authority for trustees to revoke a title from an irrevocable trust and put it in the name of Joel a. Stokes, one of the trustees.
Assignment Wells Fargo 2 Nationstar by Nationstar Mohamed Hameed executed as v-p of Wells Fargo On 3/12/19, two weeks after the end of discovery, akerman disclosed the rescission as NSM 409-NSM 411.
3/8/19 NSM rescinded the 12/1/14 assignment of the Hansen DEED of trust from Bank of American 2 NSM by NSM. Mohamed Hameed executed it as v-p of Bank of American. No recorded power of attorney On 3/12/19, two weeks after the end of discovery, Akerman disclosed the rescission as NSM 412-NSM 413
Judgment of default vs Bank of American 10/23/15 JDDF.
No notice of entry of the default judgment was served.
Instead, Joseph Hong recorded the 10/23/15 unnoticed default judgment.
Joseph Hong who knew, or should have known, that NRS 40.110 “Court to hear case; must not enter judgment by default” “the court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiff’s title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiff’s title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law.”
Joseph Hong knew that had the court held an evidentiary hearing, it would have been detected that Joel & Sandra Stokes as trustees of Jimijack Irrevocable Trust did not have an admissible DEED per NRS 111.345 and therefore had no standing to assert a quiet title claim against any lender.
Joseph Hong knew that had the court held an evidentiary hearing, it would have been detected that two other lenders, Wells Fargo (9/9/14) and Nationstar (12/1/14), held recorded claims to be the beneficiaries of the 7/22/04 Hansen DEED of trust as Bank of America’s sole successor-in-interest.
Joseph Hong knew that had the court held an evidentiary hearing, it would have been detected that Bank of America did not hold any recorded claim to the Hansen DEED of trust after 9/9/14 and that Hong’s naming BANA as a defendant was for the corrupt purpose of getting a default by a lender who had no claim.
Nationstar NSM 192-194, but NSM denied knowing in 1/22/15 req notice, 4/12/15 AFFD, 4/12/16 mot
DEED F. Bondurant LLC to Joel and Sandra Stokes as trustees of Jimijack Irrevocable Trust Inadmissible per NRS 111.345.
1/17/17 Tobin DECL re notary violations and exhibits re notary CluAynne M. Corwin’s involvement with several other questionable subsequent transfers of HOA foreclosures involving Joseph Hong, Joel Stokes, Pam at Linear Title, and Peter Mortenson
No legal capacity to transfer title to Jimijack as notary CluAynne M. Corwin “witnessed” Yuen K. Lee’s signature but used her notary stamp to affirm that Thomas Lucas, manager of Opportunity Homes No notary record that CluAynne M. Corwin witnessed any deed executed on 6/8/15. No purchase agreement was disclosed to show how, when, from whom or for how much Joel and Sandra Stokes acquired the property. NRS 240.120, NRS 240.155, NRS 240.075 violations. Incompetent acknowledgment per NRS 111.125.
Jimijack had no DEED with legal capacity to hold or transfer title, but transferred to Joel Stokes, an individual on 5/1/19. Jimijack’s defective deed was disclosed as NSM 189-191. Nationstar knew that the two deeds recorded on 6/9/15 alleged title claims that replaced Opportunity Homes LLC as an interested party.
For unknown reasons, Nationstar chose not to name either F. Bondurant LLC or Jimijack, who both had recorded deeds on 6/9/15, when Nationstar sued disinterested Opportunity Homes in its 1/11/16 complaint in A-16-730078-C.
Nationstar voluntarily dismissed its 1/11/16 claims against Opportunity Homes and its non-existent claims vs. F. Bondurant LLC by a stipulation and order entered on 2/20/19. Neither evidence nor trial were required to prevail.
Nationstar never produced any evidence to support its filed claims against Jimijack and was excused from the 6/6/19 trial at the 4/25/19 pre-trial conference after Nationstar withdrew its 3/21/19 motion for summary judgment vs. Jimijack.
Nationstar’s claims against Jimijack were dismissed by stipulation and order entered on 5/31/19. Again, neither evidence nor trial were required to prevail.
DEED, from Opportunity Homes to F. Bondurant LLC, a sham entity controlled by Joseph Hong, was executed on 6/4/19, and witnessed by Joseph Hong’s employee, Debra Batsel.
Batesel witnessed at the same time Thomas Lucas and some unknown party execute a purchase agreement to transfer title from Opportunity Homes.
Joseph Hong did not participate in discovery and entered no evidence into the record at any time from 6/16/15. To the present to support any of his clients’ claims, but still won quiet title at the 6/6/19 trial from which all documentary evidence was excluded due to Hong’s misconduct.
Nationstar’s assignment of the 7/22/04 Hansen deed of trust from Bank of America to Nationstar, was recorded three months after BANA had no interest to assign on 12/1/14.
Nationstar refused to respond in good faith to Tobin’s interrogatories and requests for documents
12/1/14 was executed by Nationstar’s robo-signer in Nebraska and was rescinded by Nationstar’s robo-signer in Texas on 2/25/19, and recorded on 3/8/19. Nationstar disclosed the rescission two weeks after the end of discovery on 3/12/19.
Because the sale was void by reasons of fraud, unfairness and oppression, neither the 8/27/08 Hansen Trust’s Deed nor the 7/22/04 Hansen Deed of Trust should have been extinguished by the fraudulent HOA sale.
However, 4/18/19 order granted Nationstar’s fraudulent 2/12/19 limited joinder to order that the HOA sale was valid to extinguish the owner’s title rights, but it was not valid to extinguish Nationstar’s rescinded 12/1/14 claim to be Bank of America’s successor in interest.
On 9/9/14, Bank of American recorded that it had assigned its interest in the Hansen deed of trust, if any, to Wells Fargo, effective 8/21/14, the day before the foreclosure deed was recorded.
DEED Gordon Hansen B. Hansen Trust, dated 8/22/08, was recorded when the GBH Trust was created.
Title was extinguished by the 8/22/14 recording of a foreclosure deed as was the 7/22/04 Hansen deed of trust.
Neither the 8/27/08 Hansen Trust’s Deed nor the 7/22/04 Hansen Deed of Trust should have been extinguished by the fraudulent HOA sale. The 4/18/19 order granted Nationstar’s fraudulent 2/12/19 limited joinder to order that the HOA sale was valid to extinguish the owner’s title rights, but it was not valid to extinguish Nationstar’s rescinded 12/1/14 claim to be Bank of America’s successor in interest.
Sub trustee/reconveyance of paid in full 7/31/03 DEED of trust Gordon & Marilyn Hansen $310,600 1st dot assigned 2 Washington Mutual by City First Mortgage
Nationstar disclosed the Hansen deed of trust and the Planned Unit Development Rider as NSM 141-162 $436,000 loaned on 7/15/04 Due in full on 8/1/2034 Borrower: Gordon B. Hansen, an unmarried man Lender: Western Thrift & loan Trustee: Joan H. Anderson PUD rider remedies f. that lenders are contractually authorized only to add delinquent HOA assessments to the outstanding loan balance and add interest at the note rate (here 6.25%). Lenders are prohibited from using the tender of delinquent assessments, rejected or not, as a de facto foreclosure without due process.
Nationstar disclosed the PUD Rider Remedies section was disclosed as NSM 160 so ignorance cannot be an excuse.
Nationstar disclosed that it does not hold the origInal note by disclosing a copy as NSM 158-160.
NSM’s copy of the note shows Nationstar, Wells Fargo and bank of Amercia are not in the chain of title of endorsements.
All recorded assignments of the Hansen DEED of trust that culminated in Nationstar reconveying the Hansen DEED of trust to Joel stoke, an individual, on 6/3/19, were false claims to title in the meaning of NRS 205.395.
National banking associations’ corrupt business practices were revealed in 12/7/20 national settlement agreement and consent order, its 8/17/18 settlement and release, the 2012 National Mortgage Settlement and consent judgment for Bank of America, the 2012 National Mortgage Settlement and consent judgment for Wells Fargo.
Violations of NRS 205.395, NRS 207.360, and other statutes in this particular case are documented in 11/10/20 complaint to the Nevada Attorney General (See TOC of AG exhibits), 12/16/20 complaint to the Mortgage Servicing Division (See TOC 12/16/20 complaint), NCJD 2021-026,
“limited to executing loan documents for purchase of home located at 2763 white sage…power of attorney is null & void after execution.”
Marilyn 2 Gordon Hansen Power of Attorney is the only recorded power of attorney in this property record from 2003 to the present. Nationstar did not record Power of Attorneys for the claims NSM recorded as “attorney-in-fact” 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)
Nona Tobin’s pending appeals before the Nevada Supreme Court or the Court of Appeals
79295 Gordon B. Hansen Trust vs. Jimijack, Nationstar, Sun City Anthem, Yuen K. Lee dba F. Bondurant LLC
82094 Nona Tobin vs. Joel & Sandra Stokes as trustees of Jimijack, Jimijack Irrevocable Trust & Joel A. Stokes, an individual
82234 Nona Tobin vs. Quicken Loans LLC and/or Inc. & Brian & Deborah Chiesi
82294 Nona Tobin vs. Red Rock Financial Services, Joel & Sandra Stokes as trustees of Jimijack, Jimijack Irrevocable Trust & Joel A. Stokes, an individual, Quicken Loans LLC and/or Inc. & Brian & Deborah Chiesi
Joseph Hong filed no NRCP 16.1 disclosures for any of his clients. Joseph Hong’s 12/5/18 response to Tobin’s interrogatories was allegedly verified by his client. Joseph Hong never entered any evidence into the record to support Jimijack’s title claims. Joseph Hong never refuted Nona Tobin’s claim that Jimijack’s only recorded deed was inadmissible pursuant to NRS 111.345. Interrogatories to Jimijack were not included in Hong’s response.
Exhibit 2: ENTERED BY MELANIE MORGAN (NV BAR #8215) NATIONSTAR MORTGAGE
4/9/21 Nationstar & Wells Fargo filed an answer to Red Rock’s 2/16/21 complaint
Nationstar and Wells Fargo deceptively failed to admit that neither of them have a recorded claim for the proceeds. Nationstar and Wells Fargo failed to file a disclaimer of interest so the proceeds could go properly to Nona Tobin for the improper purpose of covering up Nationstar’s fraudulent conduct in relation to the Hansen deed of trust.Melanie Morgan knows that the proceeds must be distributed ONLY to Nona Tobin because Wells Fargo’s liens were released on 3/30/17 and Nationstar as part of a fraudulent deal with Joel Stokes, released the lien of the Hansen deed of trust on 6/3/19.
Nona Tobin’s Pending Appeals of cases A-15-720032-C and A-19-799890-C
The complaint was filed on 8/7/19 by Nona Tobin, Pro Se, in order to beat the 8/14/19 five-year statute of limitations. Causes of action: Quiet title & equitable relief (against all defendants), Cancellation of instruments; Unjust enrichment (against. Red Rock, Koch & Scow, Joel Stokes & Nationstar); Abuse of process (against Joseph Hong, Melanie Morgan, and David Ochoa)
Tobin hired an attorney who amended the complaint to narrow the issues to three claims for relief: Quiet Title (against all defendants); Unjust Enrichment (against Brian & Debora Chiesi, Joel Stokes, Jimijack irrevocable Trust, Red Rock Financial Services & Nationstar); Declaratory Relief (as to all defendants)
The abuse of process cause of action against the attorneys whose fraud on the court prevented adjudication of Tobin’s claims in the prior proceedings was bifurcated, on the advice of counsel, since it judges don’t like it when the attorneys are named as the culpable party vs. their clients.
Order granted attorneys fes and costs pursuant to NRS 18.010(2) on the grounds that Nona Tobin’s filing this quiet title complaint was unwarranted and “was brought or maintained without reasonable ground or to harass the prevailing party.”
Red Rock’s motion to dismiss was filed pursuant to NRCP 12(b)(5) failure to state a claim by the legal doctrines of non-mutual claims preclusion and res judicata) and NRCP 12(b)(6) failure to join the HOA as a necessary party to protect its alleged interest in the undistributed proceeds of the 2014 HOA sale. Judge Johnson granted the joinders of all other defendants, regardless of whether or not they were parties to the prior proceedings or when they recorded adverse claims to Nona Tobin. Link to 10-page case summaryLink to 10-page case summary
SCA misrepresented the Red Rock foreclosure file to Judge Kishner as if it represented the true, accurate, and complete records of the foreclosure of 2763 White Sage, despite SCA attorneys knowing full well that the file was the debt collector’s unverified, uncorroborated version of revisionist history.
SCA attorneys were not representing the interests of the HOA when they disclosed Red Rock’s fraudulent documents. SCA attorneys presented to the court Red Rock’s fantasy version of reality that was explicitly contradicted by SCA’s official, verified records of the enforcement actions taken in secret by the HOA Board between 2012-2014.
SCA attorneys withheld, concealed, and/or misrepresented the HOA’s official records related to this foreclosure and a dozen other foreclosures in the same time period.
3/6/19 SCA Reply to Tobin 3/5/19 OPPM See page 6, lines 26-27, where SCA 302 and SCA 276 (annotated) and SCA 277 (altered) were wrongly attributed to Craig Leidy, “requested the HOA waive thousands of dollars of the debt“
Steven Scow produced Red Rock foreclosure file in response to Tobin 2/4/19 subpoena
RRFS 001-425 Red Rock foreclosure file as Steven Scow produced it was not properly verified as being a true, accurate and complete record contemporaneously produced by a person in the normal course of her occupation.
Steven Scow provided RRFS 001-425 that was deceptive, inaccurate, and incomplete with the obvious mens rea and the specific intent to conceal the wrongdoing of his clients.Steve Scow withheld all documents requested in items 4,5, and 6. The proofs of service provided in response to item 2 did not include any proofs of service for any of the notices that Tobin disputes were sent.
Disputed facts in Red Rock foreclosure file
9/17/12 SCA 642 RRFS letter to 2664 OH SCA 643 to 2763 notice of intent to lien – Tobin has no recollection nor Proudfit any record of this. No proof of service though alleged to se sent certified. Demanded $617.94 when it is undisputed that the account was PIF on 6/30/14. See SCA 642 and SCA 643.
9/20/12 SCA 628 120920 SENDER’S copy of hearing notice SCA sent to 2664 Olivia Heights could not have been sent by Tobin to RRFS as alleged in 2/5/19 MSJ See SCA 628, SCA 635,
9/20/12 SCA 635 is duplicate of SCA 628 also alleged to be sent to 2664. No allegation that the notice was sent to 2763. No allegation that the hearing was actually ever held. See SCA 628, SCA 635,
10/18/12 See SCA 618 Payment Allocation Detail. Check 143 was applied to pay assessments from 7/1/12-9/30/12, but also called a “partial payment”
10/8/12 SCA 626 “CORRESPONDENCE RECEIVED” SCA claimed the sender’s copy of the hearing notice was sent to RRFS by Tobin which is impossible.
SCA duplicated and misrepresented this document to falsely imply that SCA had complied with the notice requirements in SCA CC&Rs 7.4 prior to imposing the sanction of permanent revocation, rather than temporary suspension, of member benefits, for the alleged violation of the governing documents of delinquent assessments.
There was no hearing on 10/10/12 or any other date because check 143 cured the delinquency. Assessments were paid through 9/30/12. No other notice like this was ever sent and none of the other steps of due process required were ever provided. This “sender’s copy was NOT attached to Tobin’s 10/3/12 letter to the HOA that transmitted check 143.SCA misrepresented this letter to claim it was evidence that Tobin was not entitled to any relief because it meant that she had unclean hands.
11/5/12 11/5/12 SCA 620 “Correspondence Response to Homeowner“
Note that check 143 paid the assessments from 7/1/12-9/30/12.
See SCA 618 “Association Allocation Detail” and #13 on Page 4 of 4/17/19 order that states “payment was applied to the July 1, 2012 Quarterly Assessment and the Late Fee due on July 31, 2012.“
The foreclosure deed recitals are false because they state that the default began on 7/1/12. The association detail shows that Red Rock knew the proper way to account for payments according to NRS 116A.640(8), but simply chose to ignore the law and keep two sets of books.
Therefore, the Miles Bauer $825 tendered on 5/9/13 satisfied the debt of $825 assessment due and payable for the quarters from 10/1/12 to 6/30/13.
Nationstar relied on this to commit its fraud on the court. Nationstar was never Bank of America’s successor in interest as the beneficiary of the disputed Hansen deed of trust. Nationstar rescinded that 12/1/14 fraudulent claim on 3/8/19. Further, Nationstar concealed SCA 302 which is clear proof of its specific intent to steal this property from Nona Tobin.5/10/13 rejection of the $825 tendered was sufficient to void the entire sale. RRFS covertly rejected this tender without legal authority. $825 was the exact amount of assessments that were then delinquent. The 5/16/13 entry implicates the attorneys as co-conspirators.
The only remaining debt at the time of the Miles Bauer tender were fines: $75 late fees authorized by the SCA Board as a fine for non-payment of installments within 30 days of their due date and whatever fines RRFS-added on their own initiative. An HOA cannot foreclose if the assessments are brought current and only fines, including collecting fees remain.
8/15/13 SCA 401 is an envelope addressed to 2763 White Sage that was stamped on 8/15/13 “deceased”. There is no such envelope for the letter RRFS alleged in SCA 287 was sent to 2763 White Sage on 7/2/14. This is the 7/2/14 letter that RRFS claims was sent to notify the owner that the waiver request RRFS sent to the SCA Board on 6/9/14 was denied.
8/15/13 SCA 403 is an envelope addressed to 2763 White Sage that was stamped on 8/15/13 “Return to sender Not deliverable as addressed. Unable to forward.”. There is no such envelope for the letter RRFS alleged in SCA 278 was sent to 2763 White Sage on 7/2/14. This is the 7/2/14 letter that RRFS claims was sent to notify the owner that the waiver request RRFS sent to the SCA Board in SCA 295 on 6/9/14 was denied.
10/16/13 10/16/13 SCA 450 “Followed Up POP“
10/16/13 SCA 468 RRFS “Homeowner Progress Report” to 10/16/13 does not show any BOD approval. See 468 is duplicated in annotated SCA 415-416 Homeowner Progress Report to 01/3/14.
1/3/14 1/03/14 SCA 407 Followed Up POP
1/3/14 SCA 406 “Permission for publication of foreclosure sale and authority to conduct foreclosure sale”, RRFS form letter signed by Dan Folgeron on 1/9/14. According to this form, RRFS had the ability to move the sale date without specific instruction from the BOD.
By RRFS being able to unilaterally move a sale date, RRFS can suppress bidding, particularly when this is compounded by RRFS giving the SCA BOD the false instruction that
“The Board of Directors agrees that in the event that the homeowner makes any claim regarding the loss of its property through this foreclosure action, the association shall have the exclusive duty to defend and to pay all defense costs of all such claims...”.
More importantly, it violated the 4/27/12 RRFS debt collection contract Indemnity clause on page 3, #7 of the RRFS-SCA contract signed on 4/27/12. Both RRFS and SCA refused to produce this contract in discovery. SCA deceptively disclosed the inapplicable 2007 contract that does not contain the provision that RRFS must indemnify SCA.
SCA homeowners have been forced to pay over $100,000 in costs that contractually were the responsibility of RedRock.
1/3/14 RRFS transmittal memo to SCA, dated 1/3/14, gave Permission for Publication packet to SCA BOD which contained the sentence. “If the Board does not want to proceed with the foreclosure sale please return the packet unsigned.” Note that there are multiple unsigned documents in SCA 176-643. Note also that there is no Board decision to proceed or not in any Board minutes.
1/3/14 SCA 415 RRFS “Homeowner Progress Report” from 9/13/12 -4/10/13
1/3/14 SCA 416 RRFS “Homeowner Progress Report” from 4/10/13 – 1/3/14. Note neither RRFS nor SCA disclosed this form for the period from 1/3/14 – 8/15/14 when RRFS sold the property without notice after the property had already been sold on auction.com on 5/8/14.
1/9/14 SCA 377 and SCA 407 Dan Folgeron signed RRFS form” Association Foreclosure sale Approval” for “Property Address” Dan wrote in “All twelve properties attached”. Neither SCA nor RRFS listed the properties nor was there any attachment.
NO SCA BOARD APPROVAL OF THE SALE IS ON ANY AGENDA.
1/9/14 SCA 407Dan Folgeron signed RRFS form” Association Foreclosure sale Approval” for “Property Address” Dan wrote in “All twelve properties attached”. Neither SCA nor RRFS listed the properties nor was there any attachment. This is a duplicate of SCA 377. According to the box checked RRFS was not given authority to postpone the sale without discussing with the Board.
1/10/14 1/10/14 SCA 405 “Board Approved POP” is contradicted by the HOA records that were concealed in discovery.
1/29/14 1/29/14 SCA 389 “Supporting Documents“
2/11/14 SCA 382- 384 disclosed the Resident Transaction Report from 1/1/6-2/11/14. SCA refused to disclose the Resident Transaction Report when requested in discovery. The part that shows the RTR does not include any indication that the property was foreclosed, that $63,100 was collected for the sale, or that there were any other owners between Hansen and Jimijack, shows in the time period after 2/11/14.
2/27/14 There is a 2/27/14 email on the bottom of SCA 332 that informs them that she received a request from the realtor for a reduction in fees because the owner is dead and there is no money left in the estate. See annotated SCA 332.
This was Craig Leidy’s only request. SCA and RRFS misrepresent this to cover up SCA 302 and SCA 295.
3/4/14 See SCA 324-325 email Leidy-RRFS Marling exchange where Leidy had asked for a copy of the fees and to speak to the Board about a fee reduction. Marling says she’ll let him know if they want him to attend.
3/4/14 SCA 332 (top) is a 3/4/14 email from RRFS to Gary Leopold, FSR employee serving as the SCA CAM, to state that she had received a request from the 3/7/14 sale was postponed to 4/8/14. There is a 2/27/14 email on the bottom of the page that informs them that she received a request from the realtor for a reduction in fees because the owner is dead and there is no money left in the estate. See annotated SCA 332.
3/18/14 SCA 310 contains two emails dated 3/18/14 which clearly indicate RRFS received a request for payoff figure on 3/18/14, but the SCA BOD was scheduled to review Leidy’s requests at the 3/27/14 meeting. Note RRFS and SCA both failed to disclose the 3/28/14 RRFS response to Chicago title in which the ledger shows that the SCA BOD approved a $400 fee waiver on Page 6. This fee waiver is not included in SCA 255, RRFS account detail that allegedly was accurate and complete from 2/11/14-8/15/14.
This 3/28/14 RRFS payoff demand was concealed in discovery. Both SCA and RRFs produced the false evidence of doctored ledgers as shown below.
3/28/14 SCA 277 Undated email RRFS to Leidy “Please see response regarding the settlement request for $1000.00” (Note there was no settlement request for $1000. Leidy did not receive this. Not clear what was supposedly attached as it does not relate to the 6/5/14 email Leidy sent to RRFS to forward the NSM 5/28/14 offer.
5/6/14 5/6/14 “Supporting Documents“
5/13/14 5/13/14 “Sale Postponed“
5/15/14 SCA 307 is an unsigned approval form to conduct the sale on 5/15/14. Note there was no BOD approval in SCA 176-643 to conduct the sale on 5/15/14, the date that the Ombudsman received notice that the 5/15/14 sale was cancelled as the owner was retained.
5/15/14 SCA 308 is another email alleging final approval of the 5/15/14 sale from which the date has been scrubbed and there is no signature
5/28/14 5/28/14 SCA 302 NSM Equator message to Leidy “please be advised the max I will be able to pay the HOA is $1100”
Nationstar concealed this in discovery. RRFS was obviously complicit as can be seen by SCA’s fraudulently misrepresenting it to the SCA Board in SCA 295 as an owner request for waiver.
5/28/14 5/28/14 SCA 302 NSM Equator message to Leidy that was mischaracterized by SCA/RRFS as a non-existent new request from Leidy. See SCA 277. See also SCA 295 and SCA 276
6/5/14 SCA 277 Leidy forwarded NSM’s 5/28/14 offer (SCA 302)but SCA concealed it at the bottom of the page
SCA 277 and RRFS 095 are how this doctored evidence was produced.
6/9/14 SCA 275 “Request Sent to Board“
6/26/14 SCA 276 Jean Capillupo signed the 6/9/14RRFS waiver form from SCA 295. 6/26/14 SCA 276 (Signed 6/9/14 RRFS Form “Waiver or Reduction in Fees” found in SCA 295. Note no BOD response to SCA 302 was disclosed.
7/2/14 SCA 275 “7/2/14 Received Board response“
7/2/14 SCA 278 alleges RRFS sent a letter to 2763 stating the BOD “has denied your request for a settlement of $1,000.” SCA 279 is a blank owner request form. SCA 280-285 is a ledger. SCA/RRFS did not produce any proof of service. No RTS like in SCA 401-405. Tobin has said under oath she never received this. Tobin-Leidy emails never mention it.
RRFS lied about sending this letter and the one in SCA 286 to Tobin’s residence and there are many documents that prove the falsity of this claim beyond the fact that neither RRFS nor SCa disclosed any proofs of service.
See also SCA 286alleges RRFS sent a letter to 2664 OH stating the BOD “has denied your request for a settlement of $1,000.” Tobin has said under oath she never received this. Tobin-Leidy emails never mention it or the ledger in SCA 287-292. Obviously, she never signed the blank owner request form in SCA 287 and SCA 279.
7/2/14 SCA 280-285 RRFS allegedly sent this ledger to Tobin at 2664 Olivia Heights Ave and to the vacant property at 2763 White Sage. There are no proofs of service. There are no returns to sender like RRFS got when a notice was sent to the vacant property on 8/15/13 (See SCA 401 and 403. Notably, RRFS does not charge for any collection activity, any mailings, any sale guarantee, nothing after 2/11/14.
See annotated SCA 275- SCA 293.There is no document that shows how NSM was informed that SCA 302 was rejected.
Also, see on SCA 285 RRFS did not charge $150 to produce pay off figures requested by Chicago Title on 3/18/14 (SCA 310). RRFS and SCA both concealed that RRFS demanded $3,055.47 in a letter to Chicago Title, dated 3/28/14. SCA 285 does not include the $400 fee waiver requested by Leidy and authorized by the SCA Board on 3/27/14 that is accounted for on pg 6 of the 3/28/14 demand.
8/1/14 8/1/14 Emails
8/5/14 SCA 271 Jean Capillupo signed to approve the sale of 2763 White sage subject to the conditions set forth in the permission for Publication of foreclosure Sale and Authority to conduct foreclosure sale. No record of any BOD action to authorize her signing this.
8/6/14 8/6/14 “Supporting Documents“
8/15/14 SCA 242 Sent at 10:12 AM to report to Christie Marling, RRFS, that the property had been sold at an auction conducted at 10:11 AM at which three people allegedly bid and 45 people were in attendance
8/21/14 SCA 217 and SCA 224 $57,282.32 check #49909, made out to Clark County District Court on Red Rock Financial Services Trust Account 4775 W. Teco Ave suite 140 #121201694 153751166148. USBank 94-0169/1212
Steven Scow had no legal authority to retain the proceeds of the sale after Christie marling instructed him to interplead them. If not distributed according to NRS 116.31164(3)(2013), they should have been given to the HOA Board for distribution. SCA bylaws prohibit the HOA Board from delegating proprietary control of these funds to Red rock or to Scow.
Steven Scow failed to distribute the proceeds of many sales. This is an example of a Spanish Trail foreclosure that was litigated in case A-14-710161-C. The proceeds wee not distributed until after the owner died, and it only happened then after five years of litigation.
Links to Other Documents Disputing RRFS file disclosed as SCA 176-643 and RRFS 001-425.
RRFS concealed that notice was given to the Ombudsman that the sale postponed to 5/1514 was cancelled. RRFS never provided a deed to the Ombudsman within 30 days after the sale as required by NRS 116.31164 (3)(b) (2013). This was not an innocent error. It allowed the enforcement officials to be duped as there was no record that the 8/15/14 sale occurred without a published notice of sale in effect.
4/20/19 Tobin DECL in support of motion to reconsider (23 pages not filed vs 12 pages in attachment to 4/29/19)
This ledger was concealed in discovery and SCA 255 below shows why.SCA 255 was also produced as RRFS 076. They both show that RRFS or Steven Scow falsified the accounts. See NRS 205.405 Falsifying accounts.
10/14/14 email excerpt re proceeds and lack of notice for the sale
8/13/14 Notice of Sanction was the only notice Tobin received related to 2763 White Sage after the 2/12/14 notice of sale was cancelled.
SCA concealed this and all other compliance documents related to 2763 White Sage.
See 9/14/16 email exchange where the HOA manager said a court order was required to provide any documents.
Tobin’s check 143, dated 8/17/12, paid $275 Assessments due for 7/1/12-9/30/12 and $25 Late fee assessed on 7/31/12, for 2763 White Sage Drive. See annotated Resident Transaction Report Page 1335.
8/17/12
Tobin’s check 143, dated 8/17/12, paid $275 Assessments due for 7/1/12-9/30/12 and $25 Late fee assessed on 7/31/12, for 2664 Olivia Heights. See Resident Transaction Report Page 12859
On unsent 9/17/12 RRFS notice of intent to lien, RRFS claimed $617.94 was due when only $275 assessments and a $25 late fee were authorized for 7/1/12-9/30/12 quarter. See SCA 642 and SCA 643.
SCA 628 and SCA 635 are the sender’s copy of certified letters, item number 71603901984964087011.
Both sender’s copies are stamped as received by RRFS on 10/8/12. SCA/RRFS did not disclose any proofs of service for SCA 628 and SCA 635.
Tobin has no record or recollection of ever receiving it. SCA alleged in its MSJ that Tobin had sent it to RRFS with a 10/3/12 letter she sent to SCA transmitting check 143 and Hansen’s death certificate. No evidence supports this claim.
All evidence supports that RMI sent SCA 628 and SCA 635 to RRFS at which time RRFS stamped them received. The effect of this was to unfairly impose unauthorized and unnecessary collection fees on the estate of a deceased homeowner without the executor’s knowledge.
9/20/12
SCA 628 and SCA 635 are the same notice of hearing on 10/8/12 for temporary suspension of Gordon Hansen’s privileges for the alleged violation of the governing documents of delinquent assessments. SCA may have sent this notice. However, Tobin did not receive it. There never was a hearing on 10/10/12. Tobin’s check 143, dated 8/17/12, paid assessments through 9/30/12 are rendered it moot.
9/30/12
$275 Assessments due for 7/1/12
– 9/30/12 quarter plus $25 late fee assessed on 7/31/12 were paid by $300
check 143
Per SCA 631, Tobin gave notice to SCA that the owner had died. Enclosed were 1) 1/14/12 death certificate and 2) “Check for $300 HOA dues” Tobin’s notice was sent to the HOA. She indicated the late payment of the deceased owner’s assessments was an error, that the property was in escrow, that the prospective purchasers were moving in shortly, that further payments would be made out of escrow, and that the HOA should work with Doug/Proudfit Realty or new owners to collect future assessments. SCA’s claims that Tobin acted in bad faith, had “unclean hands” and that she was “barred by equitable principles from recovering” for not knowing or remembering that check 143 was not delivered on 8/17/12 when it was written. Tobin had no recollection of writing the 10/3/12 letter and only became aware of it on 12/26/18 when PDFs of documents disclosed by SCA on 5/31/18 as a picture of a CD, were given to her by attorney Joe Coppedge.
10/3/12
Page 1335 Resident Transaction Report does not have an entry to acknowledge that check 143 for $300 was submitted to pay the assessments for the quarter from 7/1/12 – 9/30/12 as was reported in SCA 618..
10/8/12
RRFS stamped on a paper with a picture of check 143 as received by RRFS on 10/8/12. There is no date stamp on check 143 to indicate when SCA received it or when RRFS received it. It is more probable, given the many alterations/ misrepresentations of other documents RRFS/SCA disclosed, that Tobin’s recollection that she submitted check 143 with check 142 on 8/17/12 was correct. and RRFS altered the date on the transmittal letter from 8/17/12 to 10/3/12 to conceal that FSR forwarding the account to collections on 9/13/12 was an error.
10/8/12
SCA 628 and SCA 635 are the same SCA compliance letter, dated 9/20/12, to Gordon Hansen, at 2664 Olivia Heights. SCA/RRFS did not disclose any proofs of service for SCA 628 and SCA 635. Tobin has no record or recollection of ever receiving it. SCA/RRFS did not disclose any letter to 2763 White Sage which would have been required it this was supposed to be the first step of the due process required before imposing a penalty on the homeowner for delinquent assessments.
10/10/12
The 10/10/12 hearing noticed allegedly by the 9/20/12 letter in SCA 628 and SCA 635 did not occur. No notice of sanction followed it equivalent to the 8/13/14 Notice of Fines Tobin received after a hearing was held to give notice of a $25 fine for dead plants.
10/18/12
RRFS ledger did not apply check 143 to pay the 7/1/12-9/30/12 quarter. On 10/18/12 RRFS ledger entered that check 143 left a balance $369.15 instead of the $275 that was actually due and payable for the quarter of 10/1/12-12/31/12
10/18/12
SCA 618 PAY ALLOCATION shows check 143 was both allocated as payment of the quarter 7/1/12-9/30/12 or was a partial payment that left a balance as of 10/18/12 comprised of all RRFS-added charges.
10/18/12
RRFS ledger SCA 623-625 called check 143 a partial payment
10/31/12
$25 late fee for 10/1/12-12/31/12 delinquent installment was assessed. As of 10/31/12, amount due and owing was $300.
10/31/12
Balance due on 10/31/12 as listed in SCA resident transaction report instead of the $275 assessments and $25 late fee actually authorized and due and payable as of 10/31/12.
10/31/12
On 11/5/12 RRFS ledgeer sent to 2763 White Sage and forwarded by Proudfit Realty to Ticor Title claimed $495.36 was due when $300 would have paid through 12/31/12 the $300 assessment and late fee authorized for the quarter 10/1/12-12/31/12
SCA Board published a schedule of fees that conformed to the NRS 116.310313(2) limits set by the CIC Commission except for the sentence “Fees and costs may change without notice. Schedule of fees may not be all inclusive.”
11/5/12
SCA 620 11/5/12 “Correspondence Response Sent to Homeowner” “(RRFS) is in receipt of the correspondence that the homeowner has passed away. Our records have been updated…” RRFS claimed $495.36 was due as of 10/31/12 instead of the $300 actually due.
11/9/12
Per 11/9/12 into SCA resident transaction report after a $300 collection payment was credited from check 143, there was a $351.21 balance reported on Page 1335 because two unauthorized monthly late fees had been added. $300 was due, $275 for assessments for the 10/1/12-12/31/12 quarter plus the $25 late fee due on 10/31/12.)
SCA 617 “Payment Allocation
11/9/12” information as of 10/18/12. Check 143 for $300 was received as
a “partial payment”. “Association Allocation detai”l:
$300 check was allocated to $275 assessments due 7/1/12.and 7/31/12 to $25
late fee assessed..
12/5/12
On 12/14/12, RRFS recorded a
lien the falsely stated $925.76 was due and payable. RRFS recited on the lien
that the HOA had verified that $925.76 was due and payable as of 12/5/12. As
of 12/5/12, $275 for assessments for the 10/1/12-12/31/12 quarter were
delinquent and a $25 late fee was authorized t be imposed on 10/31/12. All
other charges were unnecessary as the account should have not been sent to
collections when the only delinquent assessments were for a quarter that had
not even ended. Once check 143 was paid, the account should have been removed
from collections. Once the HOA received notice that future assessments would
be paid out of escrow, adding $625.76 in collection fees over what was due
and payable was predatory and unfair.
12/20/12
On 12/2012, Ticor Title
requested payoff figures from RRFS to be paid out of Sparkman 8/10/12 escrow
1/1/13
Balance due per FSR on SCA
resident transaction report to bring account current to 3/31/13
1/1/13
According to the HOA Resident Transaction Report, on 1/1/13, there was an outstanding balance of $677.31. This is a variance of $102.31 over what was due and payable on 1/1/13, i.e, $275 assessments for 10/1/12-12/31/12 + $25 late fee plus $275 for 1/1/13-3/31/13 quarter. Note that $575 was due. RMI, as SCA’s managing agent, recorded in SCA’s oficial accounting records that $677.31 was due. RMI d/b/a RRFS, SCA’s debt collector, demanded $1,355.60 from the deceased owner’s estate. RMI d/b/a RRFS, SCA’s debt collector, demanded $1,451.75 from the prospective purchasers’ escrow.
1/1/13
On 1/1/13, $275 assessments came
due for quarter 1/1/13-3/31/13. There was a $300 ourstanding balance for the
10/1/12-12/31/12 quarter that resulted in a $575 balance due and
payable.
1/3/13
RRFS sent a notice, dated
1/3/13, the GBH Hansen estate that a lien had been recorded on 12/14/12 for
$976.25, but that on 1/3/13 $1355.60
was then due. The $925.76 l12/14/12 lien overstated the amount due by
$625.76. The claim that $1355.60 was due on 1//3/13 overstated the amount
actually due and owing by $780.60.
1/3/13
1/3/13 SCA 587 LIEN SENT TO
OWNER
1/3/13
1/3/13 SCA 587 “LIEN SENT
TO OWNER”
1/9/13
1/9/13 SCA P/O DEMAND
RECEIVED1/16/13 SCA 578 P/O DEMAND SENT
1/16/13
On 1/16/13, RRFS responded to Ticor Title’s request for updated payoff figures with a pay off demand to the Sparkman escrow of $1451.75. This demand overstated the amount actually due and payable on 1/16/13 by $876.75.
RRFS claimed on the rescinded
3/12/13 (NODES) Notice of Default and election to Sell that, as of 3/7/13,
$2,475.35 was due, not the $702.31 reported on the SCA resident transaction report Page 1335
3/27/13
Effective 3/27/13, RRFS
rescinded the 3/12/13 notice of default.
As of 4/4/13, $2752.66 Due and payable per RRFS on the recorded 4/8/13 NODES vs. $825 assessments ($275 x 3 quarters from 10/1/12-6/30/13) and $50 for late fees ($25 for the 4/1/13-6/30/13 quarter was not due until the for the 4/1/13-6/30/13 quarterly installment was 30 days past due on 4/30/13.
4/16/13
SCA 525 4/16/13 “Payoff Demand Received”. See SCA 415-416 for RRFS work log entries related to RRFS refusal of Miles Bauer tender.
4/17/13
SCA 527 4/17/13 Request reviewed
4/30/13
$25 late fee was assessed for 4/1/13-6/30/13 delinquent installment
SCA 513 Miles Bauer check for $825, the exact amount of assessments then delinquent. See SCA 513-530 for RRFS disclosures re rejection of the first super-priority tender. (SCA 302 was the second.)
5/16/13
5/16/13 SCA 512 is a request for payoff figures from Proudfit Realty “We are expecting a short-sale approval letter to be issued in the name of the new buyers. Escrow is expected to close no later than June 28, 2013.” See SCA 504-512.
If Miles Baur tender of $875 had been accepted and correctly applied, assessments would have been paid through 6/30/13. There were unpaid late fees for the three quarters then delinquent ($25 x 3= $75 due for the quarters from 10/1/12-6/30/13).
It was unfair for Miles Bauer to tender the $825 for the nine months then delinquent after its principal, servicing bank BANA, refused to let the escrow (8/10/12-4/8/13) close on Sparkman’s FMV arms-length offer.
Ticor Title had been instructed to pay the $1,451.75 RRFS had demanded on 1/16/13 on COE. It was also unfair that BANA’s agent Miles Bauer tendered the $825 super-priority directly to RRFS without notifying Ticor Title, Proudfit or Tobin.
RRFS did not notify the SCA Board, or more importantly, request Board approval, of its rejection of the tender of 100% of the assessments then delinquent.
$825 delinquent through 6/30/13 +$275 assessments due for 7/1/13-9/30/13 quarter equated to $1100, one year of assessments due because of RRFS’s unilateral rejection of the Miles Bauer tender and because of BANA’s unilateral rejection of the Mazzeo’s 5/10/13 $395,000 offer.
7/10/13
Tobin removed the property from the market, turned off the electricity, and initiated a deed in lieu process with BANA. See Tobin’s 2013 deed in lieu handwritten notes.
7/31/13
$25 late fee due bringing to $1100 the assessments that were delinquent plus$100 in late fees that were authorized=$1,200.
8/15/13
SCA 401 is an envelope addressed to 2763 White Sage that was stamped on 8/15/13 “deceased”. There is no such envelope for the letter RRFS alleged in SCA 287 was sent to 2763 White Sage on 7/2/14. This is the 7/2/14 letter that RRFS claims was sent to notify the owner that the waiver request RRFS sent to the SCA Board on 6/9/14 was denied. See SCA 401-403 Return to Senders
8/15/13
SCA 403 is an envelope addressed
to 2763 White Sage that was stamped on 8/15/13 “Return to sender Not
deliverable as addressed. Unable to forward.”. There is no such envelope
for the letter RRFS alleged in SCA 287 was sent to 2763 White Sage on 7/2/14.
This is the 7/2/14 letter that RRFS claims was sent to notify the owner that
the waiver request RRFS sent to the SCA Board on 6/9/14 was denied.
10/1/13
Balance due per FSR on SCA
resident transaction report to bring account current to 12/31/13
10/1/13
Balance per RRFS account detail
in SCA 254
10/1/13
Assessments due for 10 /1/13-12/31/13
10/16/13
10/16/13 SCA 450 Followed Up POP
10/16/13
SCA 468 RRFS “Homeowner
Progress Report” to 10/16/13 does not show any BOD approval
10/31/13
$25 late fee due
1/1/14
Balance due per FSR on SCA
resident transaction report to bring account current to 3/31/14
1/1/14
Balance per RRFS account detail
in SCA 254
1/1/14
Assessments due for
1/1/14-3/31/14
1/31/14
$25 late fee due
2/11/14
Effective 2/11/14, RRFS claimed that $5,081.45 was due and payable on the Notice of Sale published on 2/12/14 (cancelled on 5/15/14 and not replaced).
Note that RRFS did not ever update the 2/11/14 $5,081.45 figure a a second published NOS. RRFS concealed its 3/28/14 payoff demand to Chicago Title in which RRFS stated that as of 3/28/14 $4,962.24 was due as of 3/28/14. The discrepancy ($5,081.45 on 2/11/14 vs. $4,962.24 on 3/28/14 is explained on page 6 of the 3/28/14 demand.
RRFS and SCA obfuscated that on 3/28/14 the SCA BOD instructed RRFS to reduce $400 in late fees and $18.81 in interest of the $5,083.45 RRFS claimed was due on 2/11/14.) Note that SCA 275-SCA 315 includes significant alterations of the RRFS accounts and records to obfuscate this action by the SCA BOD and to misrepresent the 5/28/14 NSM offer (one year of assessments ($1100) to close the MZK 5/8/14 auction.com sale) as a fee waiver request from the owner. Further, SCA 254, RRFS’s 8/15/14 Account Detail fails to accurately account for the 3/28/14 fee and interest waiver authorized by the SCA BOD.
SCA 310 contains two emails dated 3/18/14 which clearly indicate RRFS received a request for payoff figure on 3/18/14, but the SCA BOD was scheduled to review Leidy’s requests at the 3/27/14 meeting. Note RRFS and SCA both failed to disclose the 3/28/14 RRFS response to Chicago Title in which the ledger shows that the SCA BOD approved a $400 fee waiver. This fee waiver is not included in SCA 255, RRFS account detail from 2/11/14-8/15/14
3/28/14
On 3/28/14 RRFS demanded $3,055.47 was due in response to Chicago Title’s 3/18/14 request for pay off figures found in SCA 312 -313. RRFS, NSM, and SCA concealed RRFS’s 3/28/14 demand. On 10/14/14, Leidy provided it to Tobin. Leidy informed Tobin on 10/14/14 that it was the only ledger he had ever received.
3/28/14 Page 6 shows a $400 fee reduction was approved by the SCA board pursuant to Leidy’s 3/7/14 only fee reduction request found buried in SCA . 6/9/14 Page 6 of RRFS 6/9/14 ledger scrubs the $400 Board approved reduction and reports that RRFS billed no collection costs from 2/11/14 to 5/30/14 (See SCA 301). A further accounting discrepancy in found in SCA 250
4/1/14
Balance due per FSR on SCA
resident transaction report to bring account current to 6/30/14
4/1/14
$275 Assessments due for 4/1/14-6/30/14
4/24/14
4/30/14
$25 late fee due for
delinquent 4/1/14-6/30/14 installment
SCA 307 is an unsigned approval form to conduct the sale on 5/15/14. No signed BOD approval was disclosed in SCA 176-643 or exists in the 4/26/14 minutes of Board approval to conduct the sale on 5/15/14.
On 5/15/14, the Ombudsman received notice that the 5/15/14 sale was cancelled as the owner was retained.
SCA 277 Undated email RRFS to
Leidy “Please see response regarding the settlement request for $1000.00”
(Note there was no settlement request for $1000. Leidy did not receive this.
Not clear what was supposedly attached as it does not relate to the 6/5/14
email Leidy sent to RRFS to forward the NSM 5/28/14 offer that is on the
bottom of the page SCA 277
7/2/14
unsent RRFS ledger falsely alleged to have been sent to 2664 OH and 2763 WS
Collection payment entered to pay Gordon Hansen’s account in full on Page 1336
9/25/14
Page 1337 Resident Transaction Report shows an entry on 9/25/14 that Jimijack Irr Tr paid $225.00 new owner setup fee. Jimijack’s Resident ID was 0480-02. SCA’s ownership record shows Jimijack was the second owner of the property.
12/5/13 Executive Session – Items related to the Board enforcing the governing documents
“6. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests. 7. REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May Be Taken) Red Rock Financial Services will provide background documentation to support discussion of these properties by the Board of Directors. 8. REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session. “
President’s Report is the minutes of actions taken in executive session
President Jean Capillupo’s report: “At each executive session, your Board considers appropriate action regarding homeowners in our community who fall behind in paying their assessments. Last month, we took action to foreclose on the liens of five properties, and this month, at this afternoon’s session we considered other seriously delinquent accounts. It is important to note that the vast majority of our neighbors meet their financial responsibilities to the Association. There are a very few, however, who do not. As I stated in the President’s Report in this month’s Spirit, we believe that it is not in the best interests of our Association for your Board to sit back and allow certain homeowners to continually neglect their financial responsibilities to our neighbors. I am pleased to report that of the five homes the Board took action on in October, at least one has paid their balance in full. We also determined that another home was foreclosed on by the City of Henderson. The Association did not and will not receive any funds as a result.
I plan to continue the discussion of the foreclosure process in the January Spirit, providing more detail on the impact, financial and otherwise, to the Association.
At this afternoon’s executive session, our Board approved the initiation of foreclosure on nineteen homes. This process will continue after the first of the year. “
“17. REVIEW OF BAD DEBT & WRITE-OFFS The Board of Directors, in Executive Session on December 5, 2013, reviewed the possible write off of $24,568.94 from three accounts. ACTION ITEM 1. Approve a write off of bad debt for three accounts reviewed at the December 5, 2013 Executive Session meeting in the amount of $24,568.94 that is outside of the nine-month super priority lien. [R20-120513] UPON motion duly made by Jean Capillupo and seconded by Jim Mayfield, the Board unanimously voted to authorize the write off of bad debt for three accounts reviewed at the December 5, 2013 Executive Session meeting in the amount of $24,568.94, that is outside of the nine-month super priority lien. “
Note the inconsistency with how write-offs and waivers of fees are handled.
SCA Board did not vote in June 2014 to write off the amount in excess of NSM’s $1,100 offer.
See SCA 302 – NSM’s 5/28/14 offer of $1,100 (one year of assessments) See SCA 295 – RRFS presented SCA 302 to BOD as an owner request of waiver of $459.32 of interest and late fees while telling the Board that RRFS $3,037.64 collection fees cannot be waived.
5. Must be uniformly enforced under the same or similar circumstances against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.
SCA 315 implied that the sale was approved on 12/5/13 [R05-120513]
The only disclosure made by SCA or RRFS to prove that the SCA Board approved the sale was SCA 315. which implied that the Board approved the 3/7/14 sale at the 12/5/13 meeting by approving resolution “R05-120513”
“[R05-120513] UPON motion duly made by Dan Forgeron and seconded by Jim Mayfield, the Board unanimously voted to refer the bids to the Reserve Study Work Group for analysis and recommendation presented at the January 23, 2014 regular Board meeting.“
SCA 315 was the only evidence proffered of Board action to authorize the sale of 2763 White Sage Drive on March 7, 2014.
SCA 315 alleges that Jean Capillupo, Board President, signed on February 27, 2014 a statement on RRFS letterhead, dated February 14, 2014,
“The
Board of Directors of Sun City Anthem Community Association approves that Red
Rock Financial Services is to proceed with the foreclosure of the property
address 2763 White Sage Dr., Henderson NV 89052 on March 7, 2014 at 10:00 AM
pursuant to this authorization and the conditions set forth in the Permission
for Publication of Foreclosure Sale and Authority to Conduct Foreclosure Sale.”
SCA
315 also includes a note, handwritten by an unknown author, that stated
“approved
12/5
R05-120513”
Item R05 – 120513 on page 2 did not authorize the sale of 2763 White Sage Drive.
“(R05-120513) UPON motion duly made by Dan
Forgeron and Jim Mayfield, the Board
unanimously voted to refer the bids to the Reserve Study group for analysis and
recommendation presented at the January 23, 2014 regular Board meeting.”
