Case Detail: A-21-828840-C Nona Tobin vs. banks, debt collectors & attorneys

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”

“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 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 of this and many other foreclosures. There is nothing in this 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
Red Rock’s interpleader prayer for relief is duplicitous as Red Rock conducted a fraudulent sale, and with no legal authority, kept virtually all the money for years.
2/3/21 Red Rock’s Complaint for 1 cause of action: interpleader
2/16/21 Red Rock Complaint was served on 5 defendants

2/17/21 Affidavit of service on Nona Tobin, as trustee of the Gordon B. Hansen Trust, dated 8/22/08

2/17/21 Affidavit of service on Nona Tobin, an individual

2/17/21 Affidavit of service vs. Nationstar Morgage LLC

2/17/21 Affidavit of service on Wells Fargo, N. A.

2/17/21 Affidavit of service on Republic Services, Inc. (garbage)

2/17/21 Republic Services filed a disclaimer of interest within 24 hours of service

2/17/21 Republic Services Disclaimer of Interest

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.

No defendant timely answered Red Rock or filed any counter-claims or cross-claims except Nona Tobin as an individual

3/8/21 Nona Tobin’s answer, affirmative defenses, counter-claim vs. Red Rock and cross-claims against Nationstar and Wells Fargo
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.

Exhibits to Nona Tobin’s 3/8/21 counter-claims and cross-claims

  1. APN 191-13-811-052 Clark County Property Record and allegations of fraud vs. all opposing parties
  2. the sale was void for rejection of assessments.
  3. The alleged default was cured three times,
  4. SCA Board did not authorize the sale by valid corporate action
  5. Required notices were not provided, but records were falsified to cover it up
  6. SCA Board imposed ultimate sanction with NO due process 
  7. Neither BANA nor NSM ever owned the disputed DOT
  8. Examples of RRFS corrupt business practices
  9. Attorneys’ lack of candor to the tribunal
  10. the proceeds of the sale were not distributed pursuant to NRS 116.31164(3) (2013)
  11. RRFS’s fraud, oppression & unfairness
  12. attorney interference in the administration of justice
  13. lack of professional ethics and good faith
  14. Presented false evidence to cover up crime
  15. Civil Conspiracy to cover up racketeering warrants punitive damages
  16. Republic Services lien releases
  17. Nona Tobin’s standing as an individual
  18. Relevant statutes and regulations
  19. RELEVANT HOA GOVERNING DOCUMENTS PROVISIONS
  20. Administrative Complaints related to the APN 191-13-811-052 title dispute
  21. Nevada court cases related to the APN 191-13-811-052 title dispute
  22. Excerpts of 1/31/17 cross-claim vs. HOA and its agents

Nona Tobin’s 3rd party complaint against six attorneys was filed on 3/22/21 but has not yet been served.

3/22/19 Nona Tobin’s third-party complaint
Six causes of action and claims for relief, damages and sanctions were filed against attorneys as individuals rather than against their clients.

Nona Tobin’s Requests for judicial notice

3/15/21 RFJN Clark County official property records for APN 191-13-811-052

  1. 2003 recorded claims
  2. 2004 recorded claims
  3. 2007 recorded claims
  4. 2008 recorded claims
  5. 2012 recorded claims
  6. 2013 recorded claims
  7. 2014 recorded claims
  8. 2015 recorded claims
  9. 2016 recorded claims
  10. 2017 recorded claims
  11. 2019 recorded claims
  12. 2020 recorded claims
  13. 2021 recorded claims

4/4/21 RFJN Unadjudicated claims & administrative complaints

Nona Tobin’s administrative complaints
  1. 1/28/21 NCJD complaint to the Nevada Commission on Judicial Discipline vs. Judge Joanna Kishner
  2.  “Recommendation to the Nevada Commission on Judicial Discipline
  3. 3/14/19 AG complaint vs. Nationstar & Jimijack Irrevocable Trust
  4. 11/10/20 2nd AG complaint vs Nationstar; Akerman; Wright Finley Zak; Bank of America
  5. 12/16/20 complaint to the Mortgage Lending Division vs. Nationstar; Akerman; Wright Finley Zak; Bank of America
  6. 2/14/21 complaint to the State Bar of Nevada vs. Joseph Hong
  7.  2/16/21 complaint to the State Bar of Nevada vs. Brittany Wood
Nationstar’s and Nona Tobin’s unadjudicated civil claims in prior proceedings. No other party filed any claims.
Nationstar’s dismissed its claims without adjudication
  1. Nationstar’s 1/11/16 A-16-730078-C complaint Nationstar vs. Opportunity Homes
  2. Nationstar’s 6/2/16 AACC answer, affirmative defenses and counter-claim vs. Jimijack
Nona Tobin’s unadjudicated pleadings in prior proceedings
  1. Summary of Nona Tobin’s unadjudicated pleadings
  2. Nona Tobin’s unadjudicated claims vs. Sun City Anthem
  3. Nona Tobin’s unadjudicated claims vs. Jimijack
  4.  Nona Tobin’s unadjudicated claims vsYuen K. Lee dba F. Bondurant LLC
  5. Nona Tobin’s unadjudicated claims vs. Thomas Lucas dba Opportunity Homes LLC
  6. Nona Tobin’s unheard 8/7/19 quiet title & equitable relief, unjust enrichment & abuse of process complaint
Nona Tobin’s unadjudicated district court motions
  1. 3/3/17 Nona Tobin’s unheard motion to void the sale for statutory non-compliance
  2. Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. Jimijack Irrevocable Trust
  3. Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. all parties
  4. Nona Tobin’s unheard 4/24/19 motion to vacate 4/18/19 order pursuant to NRCP 60(b)(3) and motion for summary judgment
  5. Nona Tobin’s unheard 6/17/19 motion to intervene as an individual
  6. Nona Tobin’s unheard 7/22/19 motion for a new trial pursuant to NRCP 54(b) and NRCP 59(a)(1)(A)(B)(C)(F)
  7. Nona Tobin’s unheard 7/29/19 motion to dismiss for lack of jurisdiction pursuant to NRS 38.310(2)
Orders that disposed Nona Tobin’s claims without any evidentiary hearings
  1. 8/11/17 order granting Opportunity Homes’s motion for summary judgment vs Nona Tobin and the Hansen Trust that was unfairly filed after order denying Opportunity Homes’s motion for summary judgment vs. Nationstar was entered on 6/22/17.
  2. 9/20/17 stipulation and order to dismiss Nona Tobin’s and the Hansen Trust’s 1/31/17 cross-claims, except for quiet title, and withdrawing her 3/3/17 motion to void the sale and SCA’s 3/31/17 opposition thereto pending the completion of NRS 38.310 mediation
  3. 4/18/19 order that granted SCA motion for summary judgment as to the Hansen Trust’s quiet title cause of action and Nationstar’s joinder
  4. 5/31/19 order denying motion to reconsider 4/18/19 order
  5. 6/24/19 order granting quiet title to Jimijack who had no deed, denying all the Hansen Trust’s claims, not just quiet title, expunging Nona Tobin’s lis pendens, and declaring the ruling binds non-party Nona Tobin as an individual
  6. 9/4/19 order that denied Nona Tobin the right to appeal as an individual
  7. 11/22/19 order that formalized Judge Kishner’s 4/23/19 striking of all Nona Tobin’s individual claims and motions from the court record unheard and expunged her lis pendens
  8. 4/30/20 order that denied Nona Tobin any right to appeal the 11/22/19 order that declared her a non-party, as an individual, but which bound her to the rulings that excluded her and struck her filings unheard from the court record
  9. 10/8/20 order that sanctioned Nona Tobin $3,455 to Joel A. Stokes’s attorney pursuant to EDCR 7.60 (1) and/or (3) for filing the A-19-799890-C complaint on 8/7/19, one week before the five-year statute of limitations, after being denied access to the A-15-720032-C 6/5/19 trial.
  10. 11/17/20 order that sanctioned Nona Tobin $8,849 pursuant to NRS 18.010(2) on the grounds that her filing the A-19-799890-C complaint on 8/7/19, one week before the five-year statute of limitations, was unwarranted and for the sole purpose of harassing Quicken Loans & Brian & Debora Chiesi who recorded claims adverse to Tobin on 12/27/19 while Tobin had two recorded lis pendens.
  11. 12/3/20 order that dismissed all Nona Tobin’s claims unheard pursuant to NRCP 12(b) (5), on the grounds of non-mutual claims preclusion, and NRCP 12(b)(6) for failure to join the HOA as a necessary party regarding the distribution of the excess proceeds.
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

4/7/21 RFJN Relevant laws and regulations

4/9/21 RFJN evidence and disputed facts in the court record

Exhibit 1: ENTERED BY JOSEPH HONG (NV BAR #5995) FOR JIMIJACK IRREVOCABLE TRUST

12/05/18 Hong response to Tobin interrogatories was all the evidence in the record to support Jimijack’s title claims

Exhibit 2: ENTERED BY MELANIE MORGAN (NV BAR #8215) NATIONSTAR MORTGAGE
EXHIBIT 3: DAVID OCHOA PROFFERED FOR SUN CITY ANTHEM
EXHIBIT 4: NONA TOBIN & THE HANSEN TRUST PROFFERED EVIDENCE
EXHIBIT 5: RED ROCK FINANCIAL SERVICES RESPONSE TO TOBIN SUBPOENA
EXHIBIT 6: BERKSHIRE HATHAWAY RESPONSE TO TOBIN SUBPOENA
EXHIBIT 7: NEVADA LEGAL NEWS RESPONSE TO TOBIN SUBPOENA
EXHIBIT 8: DISPUTED MATERIAL FACTS ENTERED BY RED ROCK & SUN CITY ANTHEM
EXHIBIT 9: DISPUTED MATERIAL FACTS PROFFERED BY NATIONSTAR MORTGAGE

Nationstar evidence was not examined

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

Prior 8th Judicial District Court actions

Case summary A-15-720032-C
Link to 29-page case summary
Register of Actions A-16-730078-C (consolidated in 2016 when Nona Tobin filed a motion to intervene)
Link to full 2-page case summary annotated
Case summary A-19-799890-C

8/7/19 Nona Tobin’s complaint

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)

6/3/20 Nona Tobin’s 1st amended complaint

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.

9/6/20 order (NEOJ 10/8/20) to sanction Nona Tobin $3,455 for filing the complaint payable to Joseph Hong

Link to 9/6/20 order & 10/8/20 notice of entry of order to sanction Nona Tobin $3,455 for filing the complaint payable to Joseph Hong

11/17/20 order to sanction Nona Tobin $8,949 for filing the complaint payable to Brittany Wood

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.”

12/3/20 order of dismissal with prejudice and expungement of lis pendens as if never recorded

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 summary
Link to 10-page case summary

Combined case summaries annotated

Request for judicial notice: unadjudicated claims and administrative complaints

Administrative Complaints have been rejected for lack of jurisdiction or deferred pending adjudication of A-21-828840-C by Judge Jessica K. Peterson

Link to 1/28/21 NCJD complaint to the Nevada Commission on Judicial Discipline vs. Judge Joanna Kishner
Link to “Recommendation to the Nevada Commission on Judicial Discipline
Link to 3/14/19 AG complaint vs. Nationstar & Jimijack Irevocable Trust
Link to 11/10/20 2nd AG complaint vs Nationstar; Akerman; Wright Finley Zak; Bank of America
Link to 12/16/20 complaint to the Mortgage Lending Division vs. Nationstar; Akerman; Wright Finley Zak; Bank of America
Link to 2/14/21 complaint to the State Bar of Nevada vs. Joseph Hong
Link to 2/16/21 complaint to the State Bar of Nevada vs. Brittany Wood

Prior district court civil actions did not adjudicate filed claims based on evidence

Link to Register of Actions A-16-730078-C Nationstar vs. Opportunity Homes LLC

Link to Case Summary A-15-720032-C Jimijack Irrevocable Trust vs. Bank of America and Sun City Anthem Community Association, Inc.

Link to case summary A-19-799890-C 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

The minutes of all hearings in the case summaries show that there were no evidentiary hearings and that neither Plaintiff, nationstar nor Jimijack, met their burden of proof.

Link to “Nationstar’s evidence was not examined

Link to 3/8/21 Request for Judicial Notice of the Clark County official property records for APN 191-13-811-052 that shows the fraudulent claims that were recorded by Nationstar, Red Rock Financial Services, Joel A. Stokes, Jimijack Irrevocable Trust, Bank of America, Quicken Loans, Brian & Debora Chiesi.

Nationstar’s pleadings were unadjudicated

Nationstar voluntarily dismissed all its claims for quiet title and equitable relief without ever presenting a case or meeting its burden of proof that it owned any interest in the disputed Hansen deed of trust.

Nationstar’s only filed claims

Link to Nationstar’s 1/11/16 A-16-730078-C complaint Nationstar vs. Opportunity Homes

Link to Nationstar’s 6/2/16 AACC answer, affirmative defenses and counter-claim vs. Jimijack

Nationstar’s stipulations to dismiss disposed of ALL its claims

Link to 2/20/19 Nationstar’s stipulation to voluntarily dismiss all its filed claims except against Jimijack.

Link to 5/31/19 Nationstar’s stipulation to voluntarily dismiss all its filed claims against Jimijack.

Nona Tobin’s unadjudicated pleadings

Link to Nona Tobin’s unadjudicated claims vs. Sun City Anthem

Link to Nona Tobin’s unadjudicated claims vs. Jimijack unadjudicated claims

Link to Nona Tobin’s unadjudicated claims vs. Yuen K. Lee dba F. Bondurant LLC

Link to Nona Tobin’s unadjudicated claims vs. Thomas Lucas dba Opportunity Homes LLC

Link to Nona Tobin’s unheard 8/7/19 quiet title & equitable relief, unjust enrichment & abuse of process complaint

Nona Tobin’s unadjudicated district court motions

Link to 3/3/17 Nona Tobin’s unheard motion to void the sale for statutory non-compliance

Link to Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. Jimijack Irrevocable Trust

Link to Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. all parties

Link to Nona Tobin’s unheard 4/24/19 motion to vacate 4/18/19 order pursuant to NRCP 60(b)(3) and motion for summary judgment

Link to Nona Tobin’s unheard 6/17/19 motion to intervene as an individual

Link to Nona Tobin’s unheard 7/22/19 motion for a new trial pursuant to NRCP 54(b) and NRCP 59(a)(1)(A)(B)(C)(F)

Link to Nona Tobin’s unheard 7/29/19 motion to dismiss for lack of jurisdiction pursuant to NRS 38.310(2)

Orders that disposed Nona Tobin’s claims did not consider any evidence

Link to 8/11/17 order granting Opportunity Homes’s motion for summary judgment vs Nona Tobin and the Hansen Trust that was filed after order denying Opportunity Homes’s motion for summary judgment vs. Nationstar was entered on 6/22/17.

Link to 9/20/17 stipulation and order to dismiss Nona Tobin’s and the Hansen Trust’s 1/31/17 cross-claims, except for quiet title, and withdrawing her 3/3/17 motion to void the sale and SCA’s 3/31/17 opposition thereto pending the completion of NRS 38.310 mediation

Link to 4/18/19 order that granted SCA motion for summary judgment as to the Hansen Trust’s quiet title cause of action and Nationstar’s joinder

Link to 5/31/19 order denying motion to reconsider 4/18/19 order

Link to 6/24/19 order granting quiet title to Jimijack who had no deed, denying all the Hansen Trust’s claims, not just quiet title, expunging Nona Tobin’s lis pendens, and declaring the ruling binds non-party Nona Tobin as an individual

Link to 9/4/19 order that denied Nona Tobin the right to appeal as an individual

Link to 11/22/19 order that formalized Judge Kishner’s 4/23/19 striking of all Nona Tobin’s individual claims and motions from the court record unheard and expunged her lis pendens

Link to 4/30/20 order that denied Nona Tobin any right to appeal the 11/22/19 order that declared her a non-party, as an individual, but which bound her to the rulings that excluded her and struck her filings unheard from the court record

Link to the 10/8/20 order that sanctioned Nona Tobin $3,455 to Joel A. Stokes’s attorney pursuant to EDCR 7.60 (1) and/or (3) for filing the A-19-799890-C complaint on 8/7/19, one week before the five-year statute of limitations, after being denied access to the A-15-720032-C 6/5/19 trial.

Link to the 11/17/20 order that sanctioned Nona Tobin $8,849 pursuant to NRS 18.010(2) on the grounds that her filing the A-19-799890-C complaint on 8/7/19, one week before the five-year statute of limitations, was unwarranted and for the sole purpose of harassing Quicken Loans & Brian & Debora Chiesi who recorded claims adverse to Tobin on 12/27/19 while Tobin had two recorded lis pendens.

Lik to 12/3/20 order that dismissed all Nona Tobin’s claims unheard pursuant to NRCP 12(b) (5), on the grounds of non-mutual claims preclusion, and NRCP 12(b)(6) for failure to join the HOA as a necessary party regarding the distribution of the excess proceeds.

Nona Tobin’s pending appeals to the Nevada Supreme Court

79295 Gordon B. Hansen Trust vs. Jimijack, Nationstar, Sun City Anthem, Yuen K. Lee dba F. Bondurant LLC

Link to appellant Gordon B. Hansen Trust’s opening brief 12/19/19. Link to respondents’ 7/1/20 joint answering brief. and Nationstar’s joinder. Hansen Trust appeal was referred to the Nevada Court of Appeals on 8/27/20. Link to 9/10/19 Nona Tobin’s rejected individual docketing statement

82094 Nona Tobin vs. Joel & Sandra Stokes as trustees of Jimijack, Jimijack Irrevocable Trust & Joel A. Stokes, an individual

Link to appellant Nona Tobin’s 12/9/20 docketing statement. Opening brief is due 5/20/21.

82234 Nona Tobin vs. Quicken Loans LLC and/or Inc. & Brian & Deborah Chiesi

Link to appellant Nona Tobin’s 1/19/21 docketing statement. Opening brief is due 5/20/21.

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

Link to appellant Nona Tobin’s 2/03/21 docketing statement. Opening brief is due 5/20/21.

Nona Tobin’s Cross-claim vs. Nationstar and Wells Fargo

Link to 3/8/21 Nona Tobin’s answer to Red Rock Financial Services’s complaint for interpleader, affirmative defenses, counter-claim vs. Red Rock and cross-claims against Nationstar Mortgage LLC and Wells Fargo Bank, N.A.

Cross-claim VS. NATIONSTAR MORTGAGE & WELLS FARGO

Comes now, Defendant NONA TOBIN, AN INDIVIDUAL by and through her attorney of record, Thomson Law PC, through attorney John W. Thomson, Esq., and hereby files her CROSSCLAIM VS, NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A. AND MOTION FOR SANCTIONS PURSUANT TO  NRCP 11 (b)(1)(2)(3)(4), NRS 207.407(1), NRS 42.005[1].

JURISDICTION, VENUE

  1. 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”).
  2. 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.
  3. The Court has the authority under NRS 30.030[2] to declare rights, status and other legal relations of the respective parties in this NRS 40.010[3] quiet title dispute.
  4. NRS 30.130[4] 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.
  5. 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.
  6. NRS 38.310(2)[5] limits the Court’s jurisdiction to adjudicate claims that have been
  7. The Court’s jurisdiction in this case requires an interpretation of NRS 116.31164(3)[6] (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.
  8. 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)[7], NRS 116A.640 (8), (9), (10)[8], NRS 116.31083[9], NRS 116.31085[10], NRS 116.31031[11], NRS 116.1113[12], NRS 116.31065[13], NRS 116.3102[14], NRS 116.31087[15], NRS 116.31175[16], NRS 116.31183[17], NRS 116.31184[18], NRS 116.4117[19]
  9. 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[20], SCA Board 2013 Delinquent Assessment Policy (SCA 168-175)[21], 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),
  10. 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.
  11. The court has jurisdiction to impose sanctions against parties who have recorded false claims to title as defined by NRS 205.395[22] 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[23], NRS 207.360 (9)(10)(30)(35)[24], NRS 207.400[25], NRS 207.470 (1)and (4)[26], and NRS 207.480[27]
  12. PARTIES
  1. 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.
  2. 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.
  3. 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.
  4. Tobin files this cross-claim against Nationstar Mortgage LLC for treble damages for the loss of the property at 2763 White Sage, along with interest, penalties and sanctions, for Nationstar’s fraud on the court, abuse of process, mortgage servicing fraud, recording false claims to title, and misrepresenting material facts and the law in order to steal Nona Tobin’s property.
  5. Defendant NATIONSTAR MORTGAGE, LLC  (Herein “NSM” or “Nationstar”) is an entity of unknown origin whose false claims to own the beneficial interest of the disputed Hansen deed of trust have been without merit filed into district court cases A-16-730078-C, A-15-720032-C, and A-19-799890-C and into Supreme Court appeals 79295 and 82294.
  6. Given that Nationstar was never required to produce evidence to support its claim to be the beneficial owner of the Hansen deed of trust, in this case, the court must determine Nationstar’s standing based on an examination of the Clark county official record for the subject property, APN 191-13-811-052 which is included in Exhibit 1
  1. Factual Allegations
  1. All Wells Fargo’s recorded liens have been released.
  2. Wells Fargo’s only lien was an open-ended deed of trust recorded on 5/10/07 as instrument number 200705100001127, which has no BATES number as it was intentionally omitted in Plaintiff RRFS’s response (RRFS 001-425) to Nona Tobin’s 2/4/19 subpoena.
  3. Wells Fargo’s release of its 5/10/07 lien by its Substitution of Trustee and reconveyance, recorded on 3/12/15 as instrument number 201503120002285, which has no BATES number as it was omitted in Steven Scow’s response to the 2/4/19 subpoena.
  4. Wells Fargo never claimed an interest in the Hansen deed of trust and has never been a party in any of the quiet title cases related to this property.
  5. Wells Fargo’s only claim was a $15,000 outstanding balance on the open-ended deed of trust, recorded on 5/10/07. Wells Fargo issued an IRS 1099-C cancelation of debt in 2012. On Gordon Hansen’s final 2012 tax return, Nona
  6. Nationstar does not have standing to assert a claim for the proceeds of the sale.
  7. Nationstar filed false and conflicting claims to own the Hansen deed of trust on at least these dates: 1/11/16 COMP, 4/12/16 DECL, 4/12/16 MSUB/MINV, 5/10/16 Reply, 6/2/16 AACC, 6/3/16, 6/10/16, 3/27/17 DECL , 3/27/17, 11/9/17, 2/9/18.
  8. Nationstar recorded false claims to title into the Clark County official property record for APN 191-13-811-052 recorded claims on these dates 12/1/14, 1/22/15, 8/17/15, 1/13/16, 6/7/163/8/19 rescind and 3/8/19 assign, and 6/3/19. See Exhibit 1.
  9. None of Nationstar’s recorded claims wherein Nationstar claimed to be authorized as some other entity’s “attorney in fact” were accompanied by recorded powers of attorney, sworn affidavits, and/or proper acknowledgements compliant with NRS 107 as amended by AB 284 (2011)[28]. See Exhibit 20.
  10. Nationstar Wright, Finley, & Zak LLP (Herein “WFZ”) attorneys[29] were well aware of the requirements of the 2011 anti-foreclosure fraud amendments to NRS Chapter 107 and NRS Chapter 205, particularly in terms of the requirement of sworn affidavits to prove the standing to exercise the power of sale.[30]
  11. Nationstar replaced its WFZ attorneys on 4/10/18[31] with Melanie Morgan (NV Bar # 8215) and Karen Whelan (NV Bar # 10466) of Akerman LLP.
  12. Akerman LLP replaced Karen Whelan (NV Bar # 10466) with Donna Wittig NV Bar # 11015) on 12/10/18[32] after Karen Whelan ignored Nona Tobin’s attorney’s attempt to get Nationstar to join with Tobin on a motion for summary judgment by providing Whelan with declarations under penalty of perjury[33] that established the sale had been conducted without notice to the owner or the listing agent who had sold the property on auction.com three months before the surprise sale.
  13. Nona Tobin filed a verified complaint against Nationstar for recording false claims to title and abusing the quiet title HOA foreclosure process in A-15-720032-C and A-16-730078-C with the Office of the Attorney General of Nevada on 3/14/19.[34]
  14. Nona Tobin filed a verified complaint against Nationstar for recording false claims to title and abusing the quiet title HOA foreclosure process in A-15-720032-C and A-16-730078-C with the Office of the Attorney General of Nevada on 11/10/20.[35]
  15. Nona Tobin filed a verified complaint against Nationstar and its Akerman and Wright Finley Zak LLP attorneys with the Nevada Mortgage Lending Division on 12/16/20[36] for recording false claims to title into the Clark County official property record for APN 191-13-811-052 and for abusing the quiet title HOA foreclosure process in A-15-720032-C, A-16-730078-C, A-19-799890-C, and appeals 79295, 82234, 82094, and 82294.[37]
  16. Nationstar recorded into the Clark County property record false, unauthorized, unverified, and conflicting assignments, substitution of trustee, reconveyances of the Hansen deed of trust on at least these dates:
  17. The Clark County property record for the subject property, APN 191-13-811-052, are included in Exhibit 1.
  18. Nationstar evaded detection of its fraud by voluntarily dismissing its claims without any evidence being subjected to judicial scrutiny and without putting on a case and without meeting its Plaintiff’s burden of proof.
  19. Nationstar and Jimijack made an ex parte out of court agreement to steal the house from Tobin.
  20. Nationstar and Jimijack conspired, concealed and misrepresented material facts and law, met ex parte with Judge Kishner, with the corrupt intent of stealing Tobin’s property.
  21. Multiple declarations under penalty of perjury have been entered into the court records show that Nationstar’s claims to own the beneficial interest of the Hansen deed of trust are demonstrably false.
  22. Nona Tobin has filed multiple motions into A-15-720032-C in a futile attempt to prevent Nationstar’s succeeding in its fraud upon the court that have been stricken from the record unheard[38] based on the misrepresentations[39] made by Nationstar at an ex parte meeting with Judge Kishner 

Prayer

RECOVERY OF ATTORNEY FEES AS SPECIAL DAMAGES

  • Counter-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 Defendants’ bad faith conduct. 
  • Pursuant to Nevada law, Plaintiff may recover her attorney fees as special damages because she was required to file this suit as a result of Defendants’ intentional conduct.[40] 

Prayer

  • 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 cross-claim has been necessitated by the CROSS-DEFENDANT NATIONSTAR’s bad faith conduct. 
  • Pursuant to Nevada law, 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 CROSS-DEFENDANT NATIONSTAR’s intentional conduct.[41]  CROSS CLAIMANT NONA TOBIN petitions the Court for the following declaratory relief: to declare
  • to declare that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
  • to declare that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title;
  • to declare that Nona Tobin is entitled to the $57,282.32 RRFS claims are the  undistributed proceeds and that CROSS-DEFENDANT NATIONSTAR is entitled to none of it
  • to declare that sanctions are appropriate vs. CROSS-DEFENDANT NATIONSTAR for its abuse of the HOA quiet title process in order to gain standing it does not have in fact or in law to confiscate CROSS CLAIMANT NONA TOBIN’s property without complying with NRS 107 foreclosure requirements;
  • to declare that sanctions pursuant to NRS 205.395, NRS 205.377, NRS 207.470(1) are appropriate vs. CROSS-DEFENDANT NATIONSTAR for its false claims recorded against the APN 191-13-811-052 title;
  • 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)
  • All assignments of the Hansen deed of trust are void as they did not comply with the statutory requirements of AB 284 (2011) amendments to NRS 107 in order to provide standing and the power of sale.
  • Nationstar LLC and/or Nationstar LLC dba Mr. Cooper
  • 11/16/20 verified complaint vs. Nationstar to the Nevada Mortgage Lending Division provides 692 pages of evidence supporting Nona Tobin’s claim of mortgage servicing fraud and fraud on the court vs. Nationstar and its Akerman and Wright Finley Zak attorneys.

[1] NRS 42.005 Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.

[2] NRS 30.030  Scope.  Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

[3]  NRS 40.010  Actions may be brought against adverse claimants.  An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.

[4] NRS 30.130  Parties.  When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

[5]  NRS 38.310  Limitations on commencement of certain civil actions.

      1.  No civil action based upon a claim relating to:

      (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

      (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,

Ê may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.

      2.  A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.

[6] NRS 116.31164 (3) (2013)

[7] NRS 116.3116-NRS 116.31168 (2013)

[8] NRS 116A.640 (8), (9), (10)

[9] NRS 116.31083

[10] NRS 116.31085

[11] NRS 116.31031

[12] NRS 116.1113

[13] NRS 116.31065

[14] NRS 116.3102

[15] NRS 116.31087

[16] NRS 116.31175

[17] NRS 116.31183

[18] NRS 116.31184

[19] NRS 116.4117

[20] SCA CC&Rs & bylaws, 2008 Third restatement

[21] SCA 168-175 2013 Delinquent Assessment Policy

[22] NRS 205.395 False representation concerning title; penalties; civil action.

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

[24] NRS 207.360 “Crime related to racketeering” defined.

[25] NRS 207.400 Unlawful acts; penalties.

[26] NRS 207.470 (1)and (4) Civil actions for damages resulting from racketeering.

[27] NRS 207.480 Order of court upon determination of civil liability. 

[28] AB 284 (2011) Nevada’s 2011 anti-foreclosure fraud amendments to NRS 107 and NRS 205 summary and legislative digest

[29] WFZ attorneys represented Nationstar Mortgage from its first filing into A-16-730078-C, a complaint vs. Opportunity Homes, LLC (that held no recorded interest) for quiet title and moved into A-15-720032-C by filing a motion to substitute itself as the real party in interest, set aside the default judgment against Bank f America and intervene on the closed case by filing an AACC counter-claim vs. Jimijack who had the recorded claim when WFZ sued the disinterested Opportunity Homes.   WFZ filed into these quiet title civil actions statements known to be false and disclosing false evidence on 1/11/16, 4/12/16 DECL, 4/12/16, 5/10/16, 6/2/16, 6/3/16, 6/10/16, 3/27/17 DECL , 3/27/17, 11/9/17, 2/9/18, (Dana Johnson Nitz NV Bar #0050, Edgar Smith (NV bar #5506) Michael Kelly NV Bar #10101)

[30] Robin Wright “Complying with AB284” for UTA Quarterly Winter 2011

[31] 4/10/18 SUBT switched out WFZ, Akerman LLP Morgan and Whelan came in

[32] 12/10/18 NOTA notice the entry of Wittig, but was silent on the exit of Whelan who was never seen again

[33] 5/11/18 Craig Leidy DECL and 5/11/18 Nona Tobin DECL. Note that Nona Tobin filed a sworn affidavit into A-16-730078-C, Nationstar Mortgage LLC vs Opportunity Homes, LLC stating that she wanted to JOIN Nationstar to void the defective sale so that each would be returned to whatever rights they could prove they had the day before the sale and prayed that the Court would not allow Nationstar to abuse the quiet title litigation process to gain standing that it did not have in fact or in law. 9/23/16 Nona Tobin AFFD

[34] 3/14/19 AG complaint

[35] 11/10/20 2nd AG complaint

[36] 12/16/20 complaint to the Mortgage Lending Division

[37] A-15-720032-C

A-16-730078-C

A-19-799890-C

Appeals to the Nevada Supreme Court

79295

Link to appellant Gordon B. Hansen Trust’s opening brief 12/19/19. Link to respondents’ 7/1/20 joint answering brief. and Nationstar’s joinder

82234

Link to appellant Nona Tobin’s 1/19/21 docketing statement.

82094

Link to appellant Nona Tobin’s 12/9/20 docketing statement

82294

Link to appellant Nona Tobin’s 2/03/21 docketing statement

[38] Links to pro se filings stricken in absentia at ex parte 4/23/19 meeting of Melanie Morgan and Joseph Hong with Judge Kishner

[39] Nationstar attorneys deceived the court regarding Nona Tobin’s standing to assert an NRS 40.010 claim as an individual holder of a 3/28/17 deed. NSM disclosed the 3/28/17 deed as NSM 208-211. NSM named Tobin individually as a party in all the captions. NSM did not remove Nona Tobin as an individual party when reforming the caption on 3/7/19 NTSO and 3/12/19 ANEO.

Nationstar attorneys knew that Nona Tobin was a party with recorded and filed adverse interests.

Nationstar attorneys knew that to make a side deal with Jimjack in order to prevent Nationstar’s and Tobin’s adverse claims from being adjudicated was fraud.

[40] 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).

NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation

NRS 116.31164(3) (2013) duties after the sale

NRS 116.31164(3) (2013) defines ministerial duties mandated on a debt collector after conducting an HOA foreclosure sale. Red Rock did not comply with 3(b) or 3(c ) after Red Rock sold 2763 White Sage without statutorily required notice to Nona Tobin on 8/15/14.

Rule 22. Interpleader

(a) Grounds.

(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or

(B) the plaintiff denies liability in whole or in part to any or all of the claimants.

(2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.

(b) Relation to Other Rules and Statutes. This rule supplements — and does not limit — the joinder of parties allowed by Rule 20. The remedy this rule provides is in addition to — and does not supersede or limit — the remedy provided by any Nevada statute authorizing interpleader. These rules apply to any action brought under statutory interpleader provisions, except as otherwise provided by Rule 81.

NRCP 22

Why interpleader was an abuse of process

NRCP 22 was corruptly utilized by Plaintiff Red Rock after unlawfully holding the sale proceeds for more than six years. Red Rock had no legitimate grounds for filing the interpleader action. Red Rock was not exposed to any liability as there were no recorded claims for those proceeds other than Nona Tobin’s 3/28/17 deed. Red Rock filed the interpleader complaint for improper purposes, including, but not limited to, the obstruction of the fair, evidence-based adjudication of Nona Tobin’s claims for quiet title and equitable relief.

What do HOA bylaws have to do with it?

NRS Chapter 116 is the chapter of the Nevada Revised Statutes that governs homeowners associations AKA “common-interest communities”.

NRS 116.3106 defines mandatory provisions that must be included in an HOA’s bylaws.

NRS 116.3106(1)(d) requires that an HOA’s bylaws define what an HOA Board of Directors can delegate

NRS 116.3106  Bylaws.

      1.  The bylaws of the association must:

      (d) Specify the powers the executive board or the officers of the association may delegate to other persons or to a community manager;

NRS 116.3106(1)(d)
Sun City Anthem bylaws 3.20/3.18 prohibit delegation of these duties:

Relevance to Red Rock’s misappropriation of the proceeds of the sale

Bylaws 3.18(b) levying and collecting assessments

SCA bylaws 3.18 (b) prohibited the Sun City Anthem Board from delegating policy control over “levying and collecting assessments”, but handled control of the debt collection and foreclosure function over to Red Rock based on the advice of its managing agent, FirstService Residential (FSR) who unjustly profited by misinforming the volunteer members of the HOA Board about their fiduciary duty to the HOA and to the common good of the membership at large.

Over-delegation caused by undisclosed conflict of interest

FirstService Residential (FSR) was both on contract with Sun City Anthem to be the managing agent and held the NRS 649 debt collection license doing business as Red Rock Financial Services, a partnership (EIN 88-0358132)

Link to FSR-SCA 3/31/14 management agreement

Link to RMI-SCA 1/1/10 management agreement is relevant only insofar as the HOA signed the contract with FSR after its agent RMI management, LLC was purchased by, or merged with, or somehow or another, morphed into FSR.

Secondly, this financial conflict of interest is relevant in that it allowed the agents to control all the records in a manner that allowed them to cover up the misappropriation of funds as well as the wrongful foreclosure of a dozen Sun City Anthem homes in 2014 when the transfer of managing agents occurred.

Bylaws 3.18(e) depositing funds in an approved bank and using funds to operate the HOA

Red Rock did not deposit the funds collected anywhere that they were used for the operation of the HOA.

The funds should have been placed in a Sun City Anthem Trust Account and certainly not in a Red Rock Financial Services Trust Account.

Bylaws 3.18(g) opening bank accounts and designating signatories required

Red Rock did not comply with these SCA bylaws restrictions on the proper depositing of these funds into an account where the Sun City Anthem Board controls the signatories.

The Sun City Anthem Board is ultimately accountable for the funds collected on behalf of the HOA under the HOA’s statutory authority. The bylaws provision was obviously required in order to prevent the very type of conversion that FSR dba Red Rock perpetrated here.

By not complying with the bylaws, the proceeds of this sale and at least a dozen other Sun City Anthem foreclosures were retained in an unaudited, unsupervised account, misnamed as an “attorney trust account”. None of these funds were under the proper control of the HOA Board. These funds, belonging to Sun City Anthem, were wrongly under the proprietary control of a partnership with undisclosed partners, Red Rock Financial Services EIN 88-0358132 and/or Steven Scow, an individual, and/or Koch & Scow LLC.

Red Rock agent/employee Christie Marling instructed Steven Scow to deposit the “excess” proceeds of the sale with the court for interpleader on 8/28/14. Steven Scow did not do it.

Bylaws 3.18(i) enforcing the governing documents, bringing legal proceedings, providing due process guaranteed by CC&Rs 7.4

Neither the Sun City Anthem Board nor the SCA managing agent FSR nor the SCA debt collector FSR dba Red Rock complied with CC&Rs 7.4 when they imposed the sanction of foreclosure on the alleged violation of delinquent assessments.

None of the notice and due process required by the HOA’s CC&Rs were provided prior to selling 2763 White Sage as the sanction for an alleged violation of $2,200 delinquent assessments.

Further, the assessments were only delinquent due to the malicious misconduct of the HOA’s agents, FSR and FSR dba Red Rock, who THREE TIMES misapplied or rejected payments of assessments prior to the sale, and then lied and falsified documents to cover up their crime.

Red Rock and HOA attorneys conspired to defraud the HOA homeowners regarding multiple secret Sun City Anthem foreclosures

Link to 4/27/12 Red Rock-SCA debt collection agreement (concealed in discovery)

Red Rock attorney Steven Scow refused to produce the applicable debt collection contract or any contract.

SCA attorney David Occhoa produced the wrong contract.

SCA

Counter-claim vs. Red Rock Financial Services

Factual allegations

  1. 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: APN 191-13-811-052 Clark County Property Record and allegations of fraud vs. all parties
  2. 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 sale was void for rejection of assessment payments.
  3.  The Default was cured three times, but RRFS kept pursuing the predatory path to unwarranted, unjustly profitable foreclosure. See Exhibit 3: the alleged default was cured three times.
  4. There was no valid authorization of the sale, but RRFS disclosed deceptive and falsified documents to create the misrepresentation of reality. See Exhibit 4: The HOA Board did not authorize the sale by valid corporate action.
  5. Required notices were not provided, but RRFS falsified records to cover it up. See Exhibit 5: Required notices were not provided, but it was covered up by falsified records.
  6. 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: The HOA Board imposed the ultimate sanction for an alleged violation of the governing documents with NO due process.
  7. 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: Neither Bank of America nor Nationstar ever owned the disputed Hansen deed of trust, but tried to steal the property.
  8. 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: Examples of Red Rock’s corrupt business practices. 
  9. 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 materials facts and law at hearings. See Exhibit 9: Attorneys’ lack of candor to the tribunal.
  10. 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: The proceeds of the sale were not distributed pursuant to NRS 116.31164(3) (2013)
  11. 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: Red Rock’s fraud, unfairness and oppression
  12. 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: Attorney interference in the administration of justice.
  13. 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: Lack of professional ethics and good faith.
  14. Attorneys have knowingly presented false evidence into the court record in discovery. See Exhibit 14: Presented false evidence to cover up crime.
  15. 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: Civil conspiracy to cover up racketeering warrants punitive damages.
  16. Exhibit 16 Republic Services lien releases
  17. Exhibit 17 Nona Tobin’s standing as an individual
  18. Exhibit 18 Relevant statutes and regulations
  19. Exhibit 19 Relevant HOA governing document provisions
  20. Exhibit 20 Administrative complaints
  21. Exhibit 21 Nevada court cases regarding the wrongful foreclosure of 2763 White Sage
  22. Exhibit 22 Nona Tobin’s 1/31/17 cross-claim vs Sun City Anthem, DOEs & ROEs excerpts: statement of facts, 5th cause of action: unjust enrichment, identification of parties

First cause of action: Interpleader

The court must find that the proceeds of the 8/15/14 must be distributed to the only claimant, Nona Tobin, immediately with interest, sanctions and penalties for failure to comply with the statutory requirement to distribute the proceeds immediately after the sale.

Red Rock did not comply with the statute

RRFS’s agent/employee Christie Marling was the “person who conducted the sale”.

NRS 116.31164(3) (2013) defines Christie Marling’s ministerial duties following the sale
RRFS 052 shows Christie Marling COMPLIED with 3(a) and sent a foreclosure deed to the purchaser.
Ombudsman’s records show that Christie marling DID NOT COMPLY with 3(b) as no foreclosure deed was sent to the Ombudsman following the unnoticed 8/15/4 sale.
RRFS 047 and RRFS 048 show that Christie Marling TRIED TO COMPLY with 3(c) by instructing Steven Scow to deposit the funds with the court for interpleader.
Steven Scow DID NOT COMPLY with 3(c) and did not deposit the funds with the court as instructed by the person who conducted the sale.

Steven Scow DID NOT COMPLY with SCA bylaws to deposit the funds in an account controlled by the SCA Board when he did not deposit the funds with the court and he did not distribute them according to the statute.

Second cause of action:

Unjust enrichment or Conversion

1. Link to HOA bylaws restriction on delegation of control over funds collected for the HOA
2. Page 1336 Resident Transaction Report 8/27/14 ledger entry $2,701.04 paid the HOA in full, but RRFS provided falsified ledgers in response to subpoena.
3. Excerpt of 10/15/14 email shows RRFS rebuffed my attempt to make a claim for the excess proceeds by saying it was deposited with the court.
4. Link to 4/27/12 RRFS debt collection contract that was concealed in discovery that contains the unenforced indemnify provision that Red Rock has unjustly profited from at the expense of Sun City Anthem homeowners.
5. Link to Red Rock’s duplicitous 6/23/20 motion to dismiss my quiet title and unjust enrichment claims per NRCP 12(b)(5) and NRCP 12(b)(6)
6. Link to Red Rock’s duplicitous 2/15/21 interpleader complaint

Third cause of action: Racketeering

  1. 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;
  2. 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;
  3. 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;
  4. 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;
  5. COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s injuries flow from the defendant’s violation of a predicate Nevada RICO act;
  6. NONA TOBIN’s injury was be proximately caused by the defendant’s violation of the predicate act;
  7. NONA TOBIN’s did not participate in the commission of the predicate act; and
  8. NONA TOBIN’s is entitled to institute a civil action for recovery of treble damages proximately caused by the RICO violations. NRS 207.470(1).
  9. 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.

Prayer for relief

  1. 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. 
  2. This counterclaim has been necessitated by the COUNTER-DEFENDANT RRFS’s AND CROSS-DEFENDANT NATIONSTAR’s bad faith conduct. 
  3. 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.[1] 

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 (1) and (4);
  •  That Nona Tobin is entitled to is entitled to recoup damages equivalent to 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;
  • 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)

[1] 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).

Cause of Action: Conversion

  1. According to Jay Young, Nevada Law Blog:

In Nevada, the elements for a claim of conversion are:

  1. A distinct and intentional act of dominion by one which is wrongfully exerted over the property of another;
  2. Act committed in denial of, or inconsistent with the rightful owner’s use and enjoyment of the property;
  3. Act committed in derogation, exclusion, or defiance of the owner’s rights or titled in the property; and
  4. 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).

Civil complaint against attorneys

Causes of Action: Abuse of process, civil conspiracy, fraud, and racketeering

Link to PDF of 3/22/21 third-party complaint into A-21-828840-C & exhibits

Exhibit 1: Cause of action: Fraud

Exhibit 2: Cause of action: Abuse of process

Exhibit 3: Civil damages due to Racketeering

Exhibit 4: Cause of action: Conspiracy

Exhibit 5: Alleged facts

Exhibit 6: What does it take to get disbarred in Nevada?

Exhibit 7: 1st complaint to the Nevada Attorney General

Exhibit 8: 2nd complaint to the Nevada Attorney General

Exhibit 9: Why Nationstar & its attorneys must be sanctioned & pay punitive damages

Exhibit 10: All declarations under penalty of perjury support Nona Tobin’s claims

When all statements under oath support Nona Tobin, why does she keep losing?

Exhibit 11: What is the PUD Rider?

Exhibit 12: A Duel to the Death

Exhibit 13: We can learn a lot from this Spanish Trail HOA case

Exhibit 14: Complaints to the State Bar of Nevada Ethics & Discpline Panel vs. Brittany Wood

Exhibit 15: Complaint against Melanie Morgan

Exhibit 16: Complaint to the Mortgage Lending Division

Exhibit 17: Complaint vs. Brittany Wood

Exhibit : 2020 court hearings Part 1

Exhibit 19: Complaints to law enforcement

Exhibit 20: Harassment or bullying an HOA homeowner is a crime

Exhibit 21: How the crooks steal HOA houses

Exhibit 22: Implicated Nevada law

Exhibit 23: Interpleader complaint was filed with an ulterior motive

Exhibit 24: Joseph Hong: pay Nona Tobin treble damages for stealing her house and be disbarred

Exhibit 25: Judicial Jiu-Jitsu is fraud on the court

Exhibit 26: Nationstar Mortgage’s fraud

Exhibit 27: Nevada Commission on Judicial Discipline Complaint

Exhibit 28: Nevada Rules of Civil Procedure

Exhibit 29: Implicated Nevada Rules of Professional Conduct

Excerpts related to attorney misconduct in this situation as well as a link to the full Nevada rules for professional conduct. Here is a link to the ABA Standards for Imposing Lawyer Sanctions which also should weigh heavily in the Court’s decision to appropriate level of discipline to impose.

Exhibit 30: Nona Tobin’s Request for Judicial Notice of the property record

Exhibit 31: Recommendation to the Nevada Commission on Judicial Discipline

Exhibit 32: Complaints to the Nevada Attorney General

Exhibit 33: What is Lis Pendens?

Exhibit 34: Why Alternative Dispute Resolution

Cause of Action: RICO Damages pursuant to NRS 207.470 Racketeering

The elements of a civil claim for damages caused by racketeering are:

1. Defendants, and each of them, engaged in conduct which constitutes a pattern of racketeering activity pursuant to NRS 207.360, including (9) taking property from another under circumstances not amounting to robbery, (18) Grand larceny; (29) Perjury or subornation of perjury; (30) Offering false evidence; (35) Any violation of NRS 205.377;

2. Defendants, and each of them, engaged in conduct which constitutes a pattern of racketeering activity in violation of NRS 207.470;

3. Defendants, and each of them, committed at least two separate crimes relating to racketeering constituting a pattern of racketeering activity. (the “Predicate Acts”);

4. Defendants’ crimes are interrelated by distinguishing characteristics and are not isolated incidents but are a part of a pattern of criminal activity;

5. The Defendants, and each of them, violated NRS 207.400;

6. Plaintiff Nona Tobin has suffered damages;

7. Plaintiff Nona Tobin is entitled to treble damages against Defendants, and each of them. NRS 207.470(1);

8. Plaintiff Nona Tobin is entitled to an award of punitive damages; and

9. Plaintiff Nona Tobin is entitled to an award of attorney fees and costs as damages. NRS 207.470(1).

A partial list of the Counter-Defendants’, Cross-defendants’ and third-party defendants’ Predicate Acts

Nationstar LLC and/or Nationstar LLC dba Mr. Cooper recorded false claims on 12/1/14, 1/22/15, 8/17/15, 1/13/16, 6/7/16,  3/8/19 rescind and 3/8/19 assign, and 6/3/19.

Red Rock Financial Services recorded false claims on 12/14/12, 3/12/13, 4/3/13, 4/8/13, and executed the foreclosure deed Thomas Lucas recorded on 8/22/14.

Joseph Hong’s clients recorded false claims on 6/9/15, 6/9/15, 12/1/15, 5/1/19, 5/23/19, 5/28/19, 7/24/19, 12/3/19, 12/27/19, and 12/27/19 and aided and abetted false claims to be recorded on 6/3/19, 6/4/19, 7/10/19, 7/17/1912/27/19, 2/6/20, 2/6/20,  and 12/4/20.

Attorneys for Wright, Finley, Zak, aided and abetted mortgage servicing fraud of both Bank of America and Nationstar Mortgage by filing into these quiet title civil actions statements known to be false and disclosing false evidence Edgar Smith (NV bar #5506) on 1/11/16, 4/12/16 DECL, 4/12/16, 5/10/16, 6/2/16, 6/3/16, 6/10/16, 3/27/17 DECL , 3/27/17, 11/9/17, 2/9/18, (Dana Johnson Nitz NV Bar #0050, Michael Kelly NV Bar #10101).

Attorneys for Akerman LLP (Melanie Morgan NV Bar #8215, Karen Whelan NV Bar #10466, Donna Wittig NV Bar #11015). 5/15/18, 2/7/19, Thera Cooper NV Bar #13468, 2/12/19, 2/12/192/20/19, 2/21/19, 2/21/19, 2/27/19, 2/28/19, 2/28/19, 3/7/19, 3/12/19, 3/12/19, 3/18/19, 3/21/19, 3/26/19 RTRAN, 4/12/19, 4/15/19 (SAO signed 4/10/19), 4/19/19,  4/23/19, 4/23/19 RTRAN, 4/25/19 RTRAN, 5/3/19, 5/21/19 RTRAN, 5/29/19 RTRAN, 5/31/19, 6/24/19, 6/24/19, 6/25/19, 7/1/19, 7/22/19.

Joseph Hong (NV Bar #5995) filed written false statements, filed frivolous unsupported harassing pleadings, knowingly made false verbal statements, made fraudulent misrepresentations of material facts, concealed/failed to disclose material facts, conspired with others, received proceeds, on these dates, 6/9/15 DEED, 6/16/15, 6/8/16, 8/12/15, 10/16/15, 8/30/16, 9/29/16 RTRAN, 12/5/16, 12/20/16 RTRAN, 3/13/17, 3/13/17, 3/13/17, 12/5/18,  3/25/19, 3/26/19 RTRAN, 4/15/19, 4/22/19, 4/23/19 minutes,  4/23/19 RTRAN, 4/23/19 RTRAN annotated, 4/25/19 RTRAN, 5/1/19 DEED, 5/3/19, 5/21/19, 5/23/19 Agreement, 5/24/19, 5/29/19 video, 5/29/19 RTRAN, 6/3/19 RTRAN, 6/3/19 video, 6/5/19, 6/5/19 video, 6/5/19 RTRAN, 6/5/19 video, 6/6/19 RTRAN, 6/24/19, 6/28/19, 8/7/19, 8/13/19, 9/3/19 RTRAN, 9/3/19 video, 6/25/20, 7/1/20,  8/3/20 annotated,, 8/11/20 video, 8/11/20 RTRAN, 10/8/20, 10/8/20 annotated, 10/16/20 OST, 10/16/20 NEO, 10/29/20 RTRAN, 10/29/20 video, 11/3/20 video, 11/3/20 RTRAN.

Detailed allegations against defendants are delineated in complaints to the Nevada Attorney General on 3/14/19 and 11/10/20.

Detailed allegations against defendants are delineated in complaints to the Nevada State Bar on 2/14/21 and on 2/16/21.

Detailed allegations against multiple defendants are delineated in these publications

Specific allegations related to false claims recorded by multiple defendants in the Clark County Official property records are in this publication

Detailed allegations against Brittany Wood are delineated in these publications

Detailed allegations against Melanie Morgan are delineated in these publications

Detailed allegations against Nationstar are delineated in these publications

This fraud on the court publication has nine videos that show exactly how the attorneys tricked the court into letting Nationstar and Joel Stokes steal Nona Tobin’s house without ever putting on a case, meeting their Plaintiffs’ burden of proof, or refuting Nona Tobin’s claims against them.

Some allegations against Steven Scow & Brody Wight are delineated in these publications

Court records that evidence fraud on the court Joseph Hong are partially found here

Documentary evidence of abuse of process, fraud on the court, conspiracy, and racketeering are in linked exhibits to the Nevada attorney General & to the Mortgage Lending Division

Specific allegations related to false claims recorded by multiple defendants in the Clark County Official property records are in this publication

A fable to illustrate Joseph Hong’s & Melanie Morgan’s fraud on the court is in this publication

This publication of the Nevada Rules of Civil Procedure will be updated to highlight relevant rules related to proposed sanctions and proposed civil court reform

Nona Tobin’s Cross-claims vs. Nationstar and Wells Fargo and counter-claims vs. Red Rock Financial Services and motions for attorney sanctions in Nevada district court case A-21-828840-C are found in this publication

Detailed allegations vs. Joseph Hong are in these publications

Relevant Nevada case law

NRS 207.470; Stoddart v. Miller, 2008 WL 6070835 (Nev. 2008 ); 

Siragusa v. Brown, 114 Nev. 1384, 971 P.2d 801 (1999); 

Gordon v. Eighth Judicial Dist. Ct., 12 Nev. 216, 231, 913 P.2d 240, 250-51 (1996); 

Cummings v. Charter Hosp. of Las Vegas, Inc., 111 Nev. 639, 896 P.2d 1137 (1995); 

Allum v. Valley Bank of Nevada, 109 Nev. 280, 849 P.2d 297 (1993); 

Hale v. Burkhardt, 104 Nev. 632, 634, 764 P.2d 866, 867 (1988).

Cause of Action: Abuse of Process

The Elements of Abuse of Process apply to all defendants in all related cases

Interpleader complaint was an abuse of process because Defendant Steven Scow named parties who don’t have a claim and because it was filed to obstruct the administration of justice in other cases that were improperly filed, the wrong parties were intentionally named and the correct ones intentionally omitted.

The attorneys in all the related cases have engaged in a massive fraud on the court, involving presenting false evidence,

1. Filing of a lawsuit made with ulterior purpose other than to resolve dispute

Link to “Interpleader Complaint was filed with an ulterior motive

This interpleader complaint was filed for the corrupt purpose of continuing to obstruct a fair, evidence-based adjudication of Nona Tobin’s claims.

Links to NV Supreme Court cases 82294, 82234, and 82094

The defendants, jointly in concerted action and/or conspiracy, and each one separately,are utilizing this untimely, unwarranted, and harassing interpleader complaint in the corrupt attempt to moot the appeals of their non-meritorious claims in cases A-15-720032-C and A-19-799890-C.

Defendants improperly utilized this and the multiple related civil actions intended to the quiet title following a disputed 2014 HOA foreclosure. Their corrupt purpose was to get the court to bless their clients’ theft of Nona Tobin’s property, and the attorneys of those engaged in racketeering, conspired to cover it up.

Civil actions have been used to steal from Nona Tobin

  1. Attorneys have presented false evidence, withheld evidence, falsified documents to cover up FirstService Residential dba Red Rock Financial’s predatory debt collection that led to the secret foreclosure sale.
  2. Attorneys have presented false evidence, withheld evidence, falsified documents, to cover up Steven Scow’s, and other conspirators’ misappropriation of the proceeds o of many secretly-conducted sales.
  3. Joseph Hong and Melanie Morgan conspired to engineer an ex parte meeting with Judge Kishner in order to derail Nona Tobin’s case.
  4. Nationstar recording false claims to the title of the subject property to abuse the quiet title litigation process to get a court-sanctioned theft of Nona Tobin’s property.
  5. Joseph Hong conspired with others to conceal that Jimijack’s void deed had no legal capacity to hold or transfer title.
  6. Brittany Wood conspired with others not having an admissible deed and then fraudulently conveying it to one of the trustees as an individual.
  7. Joseph Hong’s and Melanie Morgan’s negotiating a fraudulent deal to steal Nona Tobin’s property that was represented to the court as a Nationstar-Jimijack settlement of all claims, but was actually a contract between non-parties to the litigation.
  8. Brittany Wood misrepresenting the court record, the facts and the law, in order to evade detection that her clients’ had knowingly received Tobin’s fraudulently conveyed property.

2. Wilfull act in the use of legal process not proper in the regular conduct of the proceeding

Steven Scow named five defendants in the interpleader complaint when he knew that four of those defendants had already recorded releases of their claims.

Link to Nona Tobin’s 3/15/21 Request for Judicial Notice of the Clark county Recorder’s Office records for APN 191-13-811-052.

Steven Scow’s allegations in the complaint were false and were for the corrupt purpose of evading detection that he misappropriated the proceeds of this 8/15/14 foreclosure sale and a dozen other Sun City Anthem foreclosures that were secretly, and without legal authority, conducted by Red Rock Financial Services in 2014.

Steven Scow has unlawfully retained the proceeds from multiple HOA foreclosures in an unauthorized, unaudited attorney trust account.

Link to “HOA debt collectors yield an unlawful amount of power
Link to Sun City Anthem bylaws 3.20/3.18 (annotated) prohibition of the delegation of certain Board duties and the Board’s loss of control of funds collected for the benefit of the HOA
Link to “SCA board secretly sold a dozen houses in 2014
Link to “We can learn a lot from this Spanish Trail HOA case

3. Damages as a direct result of the abuse

Actual damages to Nona Tobin currently exceed $700,000 and counting because attorneys unilaterally rejected her 2017 offer to settle at no cost without approval of the HOA Board. Their motive was to cover up the fraudulent acts of Red Rock and other HOA agents and attorneys.

Links to NV Supreme Court cases 82294, 82234, and 82094 that the co-conspirator defendants are attempting to moot by this unwarranted and harassing interpleader complaint.

Steven Scow filed the interpleader action more than six years after he failed to distribute the $57,282.32 excess proceeds from the 8/15/14 sale

Nevada law required the proceeds to be distributed after the sale

The HOA foreclosure sale was conducted on 8/15/14, and the 2013 statutes applied.

Link to NRS 116.3116-NRS 116.31168 (2013) – the applicable 2013 NRS provisions governing HOA foreclosures

Links to SCA 223-224 and RRFS 047-048 show Steven Scow was instructed to interplead the proceeds on 8/28/14.

Mortgage servicing fraud is many big bank’s business model

In this case, however, Nationstar’s mortgage servicing fraud normal tactics weren’t available so it chose to use co-conspirator attorneys, to abuse the quiet title litigation process.
Link to 12/7/20 National settlement of all Attorneys Generals’ mortgage servicing complaint vs. Nationstar
Link to 2012 National mortgage settlement with Bank of America
Link to 2012 National mortgage settlement with Wells Fargo

Interpleader Complaint was filed with an ulterior motive

2/3/21 Red Rock Financial Services Interpleader Complaint electronically issued without notice to defendants

Case was assigned to Judge Kishner Dept 31

Judge Kishner immediately recused herself “in order to avoid the appearance of impartiality

link to 2/9/21 minutes
There was no electronic service of the recusal as Steven Scow did not put any defendants’ service contacts into Odessey

2/9/21 Department reassignment from Judge Kishner (Dept. 31) to Judge Jessica K. Peterson (Dept. 8) occurred without notice

There was no electronic service of the notice of departmental reassignment as Steven Scow did not put any defendants’ service contacts into Odessey.
Link to 2/9/21 NODR notice of department reassignment

Service on Nona Tobin, as an individual

link to affidavit of service on Nona Tobin, an individual
Serving Nona Tobin as an individual was necessary because Nona Tobin, as an individual, has THE ONLY recorded claim for the proceeds.
Link to Nona Tobin’s 3/28/17 deed, as an individual,

Service on Nona Tobin, as a trustee

Unnecessary because Steven scow knows the Hansen Trust was closed in 2017.

link to affidavit of service on Nona Tobin, as trustee
Nona Tobin, as the trustee of the Gordon B. Hansen Trust, dated 8/22/08, does not have a competing claim with herself as an individual. The Hansen Trust was closed in 2017 when the title was transferred to Nona Tobin, an individual, as the sole beneficiary.
Page 2 of Nona Tobin’s 3/28/17 deed shows that the Hansen Trust has been closed

Service on Wells Fargo

Service was unnecessary as Wells Fargo released its 5/10/07 lien on 3/12/15

Link to Wells Fargo’s 3/12/15 Substitution and Reconveyance
Wells Fargo’s Registered agent Corporation Service Company, was served in Carson City, 112 North Curry Strret, 89703
link to affidavit of service on Wells Fargo

Obviously, Wells Fargo will not file a claim for the excess proceeds.

Service on Nationstar

Unnecessary because Nationstar (albeit for a corrupt intent and with no legal authority) released the lien of the disputed Hansen deed of trust on 6/3/19

Link to the 6/3/19 release of the lien of the Hansen deed of trust

Obviously, Nationstar will not file a claim for the excess proceeds.

Nationstar’s Registered agent Corporation Service Company, was served in Carson City, 112 North Curry Strret, 89703
Link to affidavit of service on Nationstar

Service on Republic Services

Service on Republic Services was unnecessary because its liens were released in 2017.

Republic Services was served on 2/16/21 at 12:23 PM via the Danielle Nakicommercial agent CT Corporation System, 701 S. Carson St., Ste. 200, Carson City 89701
link to affidavit of service on Republic Services

Amazing 24-hour turn-around made possible by Red Rock’s failure to distribute funds before statutory liens were released.

Disclaimer of interest was filed on 2/17/21 at 12:23 PM by Republic Silver State Disposal, Inc. d/b/a Republic Services
Link to disclaimer of interest by Republic Services
Link to Republic Services 3/30/17 lien release instrument 20170330003859
Link to Republic Services 3/30/17 lien release instrument 20170330003860
Obviously, Republic Services will not file a claim for the excess proceeds.

Steven Scow knew filing for interpleader more than six years late when only one person had a recorded claim was unwarranted.