Category: APPEAL

Nationstar did not have standing

NATIONSTAR FILED THE 2/12/19 JOINDER TO THE HOA’S PARTIAL MOTION FOR SUMMARY JUDGMENT FOR QUIET TITLE VS. THE HANSEN TRUST IN BAD FAITH

  1. NSM never was beneficiary of the Hansen 7/22/04 1st Deed of Trust, but recorded false claims to confiscate Tobin’s property without foreclosing.
  2. NSM was not BANA’s successor in interest and so even if Miles Bauer’s 5/9/13 tender of $825 preserved the security interest, NSM has no right to any benefit from the preservation of the security interest
  3. Tobin/Hansen trust did not file any claims against NSM in the first proceedings because she was joining NSM in its bid to void the defective sale in its entirety.
  4. NSM had no standing to claim that the sale was valid for the sub-priority portion of the HOA’s lien because there was no sub-priority portion on 5/9/13, and NSM made that claim for the sole improper purpose of stealing the house from Tobin because NSM knew it had no standing to foreclose on Tobin if the sale were voided in its entirety.
  5. The PUD rider remedies provision limits any lender’s recovery of delinquent assessments on behalf of the borrower to adding the amount paid to the outstanding balance of the loan plus interest at the note rate, and NSM’s attempt to get relief by confiscating Tobin’s property without meeting the foreclosure requirements of NRS 107.080, as amended by AB 284 (2011) is fraud.
  6. NSM was not the servicing bank on behalf of Wells Fargo as it first claimed the hour before discovery ended, but whether it was or not, NSM did not protect the interest of the beneficiary by foreclosing on the Hansen deed of trust in 2012 after the owner died and payments stopped. should have protected t
  7. NSM did not have a recorded power of attorney for its agent Mohamed Hameed to execute an assignment of the Hansen 1st DOT from Wells Fargo to itself, recorded on 3/8/19 and disclosed two weeks after the end of discovery.
  8. it is not Wells Fargo’s successor in interest as the beneficiary of the 1st DOT
  9. NSM concealed its 5/28/14 $1100 super-priority offer so it cannot now claim that its rejection by Red Rock
  10. it is judicially estopped by its false and inconsistent claims, concealing of evidence, and its unwarranted civil action, from claiming any of Tobin’s statements of fact are false.

Nona Tobin’s Pending Appeals

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

82094

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

82234

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

82294

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

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
Nevada Commission on Judicial Discipline Complaint
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.