July 2023 – SCA Strong

Nationstar got summary judgment to quiet title with no filed title claim

1/11/16 Nationstar started by filing to quiet title vs. the wrong buyer.

Opportunity Homes LLC was disinterested. Two others had recorded deeds on 6/9/15

1/11/16 Nationstar also lied about how it became the beneficiary of the 1st deed of trust that was extinguished by the 8/15/14 HOA foreclosure sale.

Jimijack somehow already had a default judgment by suing disinterested Bank of America.

How could that happen?

There were TWO banks with recorded claims that BANA gave its beneficial interest to it:

9/9/14 BANA recorded it assigned its interest, if any, to Wells Fargo on 8/21/14

12/1/14 Nationstar recorded it had BANA’s unrecorded power of attorney to assign BANA’s interest, if any, to itself on 10/23/14

Nationstar didn’t file any claims against me as the trustee of the Gordon B. Hansen Trust or as an individual .

Nationstar got summary judgment by claiming BANA gifted the $389,000 loan balance to it 3 months after BANA gifted it to Wells Fargo immediately after it was extinguished by the HOA foreclosure.

How did that happen?

Neither Jimijack nor Nationstar nor the HOA have any filed claims but all got summary judgment by getting my claims precluded and my evidence stricken and their fraud undetected

Nationstar quietly dismissed all its filed claims without adjudication on 2/20/19, 3/12/19, 4/23/19, and 5/31/19

Nationstar covertly recorded a rescission of its claim to be BANA’s successor in interest

Nationstar’s attorney and Jimijack’s attorney told the judge to ignore all my evidence because I wasn’t really a party

Hong concealed from the court Jimijack covertly dumped its inadmissible deed

Joel Stokes encumbered the property with $355,000 CVS loan to launder Nationstar’s pay off for releasing the lien of the 1st DOT

Nationstar’s attorneys knew that Nationstar rescinded its claim that got its 2/12/19 joinder granted and knew its 3/8/19 claim recorded after discovery ended was fraudulently executed by a robosigner

Nationstar’s attorneys knew the PUD Rider prohibited turning the rejection of assessments into a de facto foreclosure and that’s what they were doing by this trick

Akerman still went all in two days before the trial with the quid pro quo

None of the elements for quiet title were met at the 6/5/19 trial as no party was at the trial who had any interest in the title to protect, and all documentary evidence was unfairly excluded.

The necessary elements of a declaratory relief or quiet title claim are as follows:

(1) there must exist a justiciable controversy; that is to say, a controversy in which a claim of right is asserted against one who has an interest in contesting it;

(2) the controversy must be between persons whose interests are adverse;

(3) the party seeking declaratory relief must have a legal interest in the controversy, that is to say, a legally protectable interest; and

(4) the issue involved in the controversy must be ripe for judicial determination.
Kress v. Corey, 189 P.2d 352, 364 (Nev. 1948)

The elements for a claim of quiet title were NOT met in the 1st action.

No claims were properly adjudicated based on judicial scrutiny of verified evidence supporting claims by parties with STANDING.

1. Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS 40.010;2. Complaint must be verified. NRS 40.090-1;

3. Summons must be issued within one year of filing the complaint and served per NRCP. NRS 40.100-1;

4. Lis Pendens must be filed with the county recorder within 10 days of filing of the complaint. NRS 40.090-3;

5. Copy of the Summons must be posted on the property within 30 days after the summons is issued, and an affidavit of posting must be filed with the court. NRS 40.100-2;

6. Disclaimer must be filed. NRS 40.020;

7. Affidavit to unknown heirs must be filed. NRS 14.040(3);

8. Court must hold a hearing on the evidence in order to issue judgment. NRS 40.110(1)

9. Quiet title may not be obtained through default judgment. NRS 40.110(1); and

10. Record a certified copy of the judgment quieting title. NRS 247.120(0).

Nevertheless, the 6/24/19 order misrepresented that the decision to quiet title met the elements.

Nationstar’s attorneys knowingly filed multiple vexatious meritless claims to steal my property without foreclosing on a note it did not own

Multiple Nevada Rules of Professional Conduct were allegedly violated by the acts

Nationstar allegedly used amenable attorneys to violate multiple Nevada laws in pursuit of collecting on a debt it was not owed.

NRS 111.175 Conveyances made to defraud prior or subsequent purchasers are void.

NRS 111.180 Bona fide purchaser: Conveyance not deemed fraudulent in favor of bona fide purchaser unless subsequent purchaser had actual knowledge, constructive notice or reasonable cause to know of fraud.

NRS 111.240 Acknowledgment of conveyances

NRS 111.340 Certificate of acknowledgment and record may be rebutted

NRS 111.345 Instrument not admissible until established by competent proof.

NRS 205.0832 Actions which constitute theft.

NRS 205.0833 Theft constitutes single offense embracing certain separate offenses; specification of charge in indictment or information

NRS 205.330 Fraudulent conveyances.

NRS 205.360 Knowingly receiving fraudulent conveyance.

NRS 205.372 Mortgage lending fraud; penalties; civil action.

NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

NRS 205.390 Obtaining signature by false pretense.

NRS 205.395 False representation concerning title; penalties; civil action

NRS 205.405 Falsifying accounts.

NRS 205.450 Personating another

NRS 205.455 Personating another same as stealing

NRS 207.360 “Crime related to racketeering” defined. 9. Taking property from another under circumstances not amounting to robbery 18. Grand larceny 28. Obtaining possession of money or property valued at >$650, or obtaining a signature by false pretenses 30. Offering false evidence 35. Any violation of NRS 205.377.

NRS 207.400 Unlawful acts; penalties.

NRS 207.470 Civil actions for damages resulting from racketeering.

NRS 42.005 Exemplary and punitive damages: the amount of award determination in a subsequent proceeding.

NRS 18.010(2) Award of attorney’s fees as special damages for frivolous meritless harassing claims

EDCR 7.60(b)(1)&(3) Sanctions for presenting frivolous unwarranted motion or opposition

NRS 41.1395 Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs.

NRS 116.31164 (3)(c(2013) ALL excess proceeds must be distributed AFTER the sale NO EXCEPTIONS

NRS116.31162(6)(2013) HOA foreclosure is prohibited if NOD had been recorded on 1^st DOT

NRS 104.3301 Person entitled to enforce instrument.

NRS 155.165 Finding of vexatious litigant; sanctions; standing of interested party and vexatious litigant under certain circumstances.

NRS 116A.640 (8) Community manager is prohibited from applying assessment payment to fees first.

NRS 116A.640 (9) Community manager is prohibited from refusing assessment payment because there’s an outstanding payment due.

NRS 116A.640 (10) Community manager prohibited from charging fees not in the management agreement

NRS 40.050 Mortgage not deemed conveyance.

Multi-State Planned Unit Development (PUD) Rider – Single Family Fannie Mae Freddie Mac Uniform Instrument limits a lender’s recovery to adding delinquent assessments paid to outstanding loan due plus interest at note rate; prohibits a de facto foreclosure

NRS 116A.630 (1)(a) Standards of practice for community managers

NRS 199.145 Statement made in declaration under penalty of perjury

NRS 199.480 Penalties. CONSPIRACY

NRS 357.040 Liability for damages and civil penalty for False Claims. (a) presents a false claim (b) makes a false record to support fraudulent claim (h) benefits from & conceals falsity of the claim (i) conspires to act

The Back Story

http://scastrong.com/tag/predatory-debt-collection/

I accepted a $367,500 high bid from MZK Residential LLC to sell the property on auction.com on 5/8/14.

Red Rock’s most recent payoff demand for the HOA was sent to Chicago Title on 3/28/14 when I accepted a $340,000 cash offer from Red Rock Regional Investments that Nationstar rejected.

Servicer Nationstar didn’t pay $4,962.64 Red Rock demanded although arguably that’s what the PUD Rider Remedies F. required to prevent an HOA foreclosure since Nationstar had not foreclosed on the 1st deed of trust.

If servicer Nationstar, or its predecessor servicer BANA had recorded a notice of default on the 7/22/04 1st deed of trust, the HOA could not have foreclosed. Since they did not, BANA’s and Nationstar’s dirty tricks with tendering super-priority offers instead of paying the HOA assessments in full, is circumventing the PUD Rider to get a de facto foreclosure when they know that no lender has standing to foreclose. This is mortgage servicing fraud. They are covering up that there is no lender with standing to foreclose, and all the recorded claims to create the phony paper trail warrants felonies if convicted criminally, primarily under NRS 205.395 and NRS 205.377.

6. The association may not foreclose a lien by sale if:(a) The unit is owner-occupied housing encumbered by a deed of trust;(b) The beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee has recorded a notice of default and election to sell with respect to the unit pursuant to subsection 2 of NRS 107.080.
NRS116.31162(6)(2013)

5/28/14 Servicer Nationstar offered to pay one-year assessments $1,100 to close the $367,500 auction.com sale

Red Rock covertly rejected Nationstar’s super-priority tender without telling the Sun City Anthem Board it ever came, but I didn’t find this out until five years later when I read the response to subpoena because all the Red Rock, Nationstar, and SCA attorneys agreed to cover it up. The scam will unfold from here.

Red Rock did not comply with NRS 116A.640A (9) that prohibits an HOA from rejecting assessment payments because other amounts are due.

NRS 116A.640 Community manager prohibited from engaging in certain acts; exceptions. In addition to the standards of practice for community managers set forth in NRS 116A.630 and any additional standards of practice adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall not:

9. Refuse to accept from a unit’s owner payment of any assessment, fine, fee or other charge that is due because there is an outstanding payment due.
NRS 116A.640 (9)

Red Rock did not comply with NRS 116A.630(a)(1) requirement to act as a fiduciary to the HOA always

NRS 116A.630 Standards of practice for community managers. In addition to any additional standards of practice for community managers adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall:
1. Except as otherwise provided by specific statute, at all times:
(a) Act as a fiduciary in any client relationship
NRS 116A.630(1)(a)

6/9/14 Red Rock fraudulently misrepresented the superpriority tender to the HOA Board as owner request for waiver

Red Rock then faked notices to me and to my agent that were never sent to say the nonexistent request was rejected.

SCA 276 shows the Board accepted it and gave a deadline of 7/15/14 that neither I nor my agent knew about in 2014.

Nationstar said the beneficiary rejected the auction.com $367,500 offer and to put it back on the market at $390,000

Another $358,800 offer was pending lender approval when without notice Red Rock sold it for $63,100 to an insider

NRPC Rule 3.1. Meritorious Claims and Contentions.

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.

Implicated Attorney Joseph Hong (SBN 5995) initiated the quiet title action by suing the wrong bank.

Joseph Hong violated NRPC 3.1 by filing the original 6/16/15 quiet title claim against Bank of America (BANA) on behalf of Joel & Sandra Stokes as trustees for Jimijack Irrevocable Trust, supporting it with a fraudulently notarized, fatally defective deed, recorded on 6/9/15, that was void, inadmissible as evidence of title (NRS 111.345) and legally insufficient for holding or transferring title.

Hong knew the title claim was meritless because

1) Jimijack Irrevocable Trust actually took possession of the property as the second owner, nine months earlier on 9/25/14, according to the HOA’s ownership records, concealed and doctored in discovery, (RTR Pg. 1337),

2) the defendant BANA was disinterested as it had assigned its interest in the 1st deed of trust to Wells Fargo on 9/9/14.

Hong never filed any title claim against Wells Fargo who had the 9/9/14 recorded title claim until after the end of discovery in the 1st action.

Hong never filed a quiet title claim against Nationstar who held a recorded adverse, albeit worthless, claim to be the beneficiary from 12/1/14 to 3/8/19.

Hong never was required to produce any evidence of title for his clients despite

NRS 40.110 Court to hear case; must not enter judgment by default; effect of final judgment.

1. When the summons has been served as provided in NRS 40.100 and the time for answering has expired, 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. The court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed.

2. The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada or the United States. The judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and the judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession or lien in or to the property under the plaintiff or the plaintiff’s predecessors in interest, which claim, lien, estate, title, right or possession has arisen or been created by the plaintiff or the plaintiff’s predecessor in interest within 10 years prior to the filing of the complaint.

Hong never recorded a lis pendens nor a summons to the interested parties despite

NRS 14.010 Notice of pendency of actions affecting real property: Recording.

NRS 14.015 Notice of pendency of actions affecting real property: Hearing; cancellation; bond.

NRS 14.017 Notice of pendency of actions affecting real property: Transferability of property after withdrawal or cancellation.

Hong got BANA’s default by serving the wrong corporate address.

Hong filed no notice of entry of the default judgment against BANA.

Hong never filed any other claim and never answered any claims against any of his clients. They just collected rent without paying a mortgage for four years and then covertly transferred the deed before the trial and paid Akerman $355,000 to record a lien release to give the property free and clear to Joel Stokes by both Joel Stokes and Nationstar getting to skipp the trial and Nona Tobin as an individual and my evidence being barred from going to trial.

Hong filed no claims against me in either of my capacities, and he completely fabricated the story that I had not filed claims as an individual in the first action to cover up that he had orchestrated that ex parte hearing in order to get my pro se MSJ and evidence stricken by unappealable bench order so the court would not see that neither his clients nor Nationstar had any evidence of title. Red Rock and the HOA were glad to help them because Red Rock and the HOA knew that the HOA sale had not been properly approved by the HOA Board at an open meeting of the Board because Red Rock and the HOA attorneys and managers had been misinforming the HOA Board about what their requirements were for

Next – Nationstar’s meritless claims.

Nevada must follow Michigan’s lead in addressing attorney misconduct

Link to the PDF of the State of Michigan Attorney Discipline Board Formal Complaint vs. Sidney Powell et al. for filing a complaint that alleged widespread voter fraud and sought to decertify the results of the 2020 presidential election.

Michigan Attorney Discipline Board correctly made 9 attorneys pay the victim $153,285 attorney fees incurred for defending against a baseless complaint

The City of Detroit filed a complaint to sanction attorneys whose unethical conduct damaged the City by their knowingly filing meritless claims to attempt to reverse the ceritified results of the 2020 election not supported by law or evidence.

The Michigan Attorney Discipline Board, according to its legal duty to assist its State Supreme Court to govern the legal profession in Michigan, accepted the complaint, conducted an investigation, issued findings of fact and conclusions of law, to support an order for the attorneys to pay the City of Detroit $153,285 that the City of Detroit had been forced to incur defending against this frivolous lawsuit.

Nevada allowed pro se victim to be declared vexatious litigant for objecting to accruing $36,210 in attorney fees to collect $57,282 wrongfully withheld from her for 8+ years

Nevada State Bar just refused all complaints at intake without investigation.

Victim Nona Tobin, President of Fight Foreclosure Fraud, Inc., filed verified complaints to the State Bar of Nevada that were all fully supported by verified forensically audited documentary evidence. All cited specific provisions of the Nevada Rules of Professional Conduct that had been violated by specific actions taken by the named attorneys on specific dates. Many of the allegations specifically charged that the attorneys of concealing evidence of criminal conduct and recording false claims to title which would be felonies if convicted.

Assistant Bar Counsel Philip Pattee rejected all her complaints at intake without Nevada law: 1) the victim’s complaint must provide evidence that meets the clear and convincing standard and 2) the victim must provide the Bar Counsel with a court order that includes written findings of attorney misconduct before the Bar Counsel will open an investigation file or even send the matter to the attorney to require the attorney to refute the allegations in the complaint