Tobin motion for summary judgment vs. Red Rock, Nationstar & Wells Fargo

Comes now, counter-claimant/ cross-claimant Nona Tobin, an individual, in proper person, to hereby move for summary judgment vs. counter-defendant Red Rock Financial Services, a partnership, and cross-defendants Nationstar and Wells Fargo and moves that relief be granted to Nona Tobin as requested, including punitive damages and sanctions, pursuant to NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), and/or NRS 42.005.

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

  1. On 2/16/21 Red Rock served its complaint with one cause of action: interpleader to distribute the proceeds of the 8/15/14 sale of 2763 White Sage.
  2. On 3/8/21 counter-claimant/ cross-claimant  Nona Tobin filed NONA TOBIN’S (Herein “AACC’) ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, CROSS-CLAIMS VS. NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A., AND MOTION FOR SANCTIONS VS. RED ROCK FINANCIAL SERVICES AND NATIONSTAR MORTGAGE LLC, AND/OR NATIONSTAR MORTGAGE DBA MR. COOPER PURSUANT TO NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), NRS 42.005. JURY TRIAL DEMANDED.
  3. As there has been no timely responsive pleading from Red Rock, Nationstar, or Wells Fargo denying Tobin’s allegations, the court has the discretion to deem their silence as admission.
  4. However, out of an abundance of caution, Tobin moves herein for summary judgment and sanctions to obtain relief instead of filing a notice of intent to take default.
  5. Due to the seriousness of  the allegations and the high level of declaratory relief, sanctions and punitive damages sought, counter-claimant/ cross-claimant Nona Tobin requests a hearing to allow defendants an opportunity to reply and to show cause why the relief, sanctions and punitive damages requested should not be imposed.

“Under NRCP 7(a) a reply to a counterclaim is a required responsive pleading. Because of his failure to reply, appellant admitted the allegations of the counterclaim. NRCP 8(d).”

 Bowers v. Edwards, 79 Nev. 384, 389 (Nev. 1963) 

“If the plaintiff fails to demur or reply to the new matter, contained in the answer, constituting a defense, the same shall be deemed admitted.”

Nevada-Douglas Co. v. Berryhill, 58 Nev. 261, 268 (Nev. 1938)

“Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required…)

Danning v. Lum’s, Inc., 86 Nev. 868, 0 (Nev. 1971)

REQUESTS FOR JUDICIAL NOTICE

  1. Counter-claimant/cross-claimant Nona Tobin requests the court judicially notice the Requests for Judicial Notice Tobin filed into this case on 3/15/21 (APN 191-13-811052 Clark County complete property record), 4/4/21 (unadjudicated administrative complaints and civil claims), 4/7/21 (relevant laws, regulations and HOA governing document provisions) and 4/9/21 (NRCP 16.1 disclosures and subpoena responses from discovery in case A-15-720032-C and disputed facts in the court record).
  2. NRS 47.130(2) (b) permits courts to judicially notice facts “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, so that the fact is not subject to reasonable dispute.”
  3. Pursuant to NRS 47.150, a “judge or court shall take judicial notice if requested by a party and supplied with the necessary information.”
  4. Pursuant to NRS 47.160 “A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter to be noticed.”

Nona Tobin’s Requests for Judicial Notice, filed into this case on 3/15/21, 4/4/21, 4/7/21 and 4/9/21, are proper for judicial notice because they were 1) recorded against the property and are part of the Clark County Recorder’s Office records, or 2) were filed at some point into the court records of prior proceedings, or 3) fit the definition of NRS 47.140 (matters of law), and 4) are timely pursuant to NRS 47.150.  Mack v. S. Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986).

STATEMENT OF UNDISPUTED FACTS

  1. The HOA sale was invalid to remove Tobin’s rights to title as it was non-compliant with foreclosure statutes, did not comply with the HOA governing documents, did not provide mandated due process, and involved fraud. Red Rock, Nationstar and Sun City Anthem withheld, concealed, misrepresented and/or falsified records to conceal the fraud.
  2. Defendants, acting alone or in conspiracy with others, covered up the fraud and successfully suppressed Tobin’s evidence so the courts acted on false evidence to rule against her and deny her access to the appellate courts.
  3. On 6/24/19 she lost title by being denied access to the trial and all documentary evidence excluded. See A-15-720032-C case summary without stricken documents vs. annotated summary and annotated 5/4/19 case info file.
  4. On 9/10/19 the Supreme Court denied her individual right to appeal.
  5. On 11/22/19 Tobin’s 7/22/19 motion for a new trial pursuant to NRCP 54b and NRCP 59a(1)ABCDF and 7/29/19 motion to dismiss for lack of jurisdiction pursuant to NRS 38.310 were stricken unheard along with all her pro se filings and motions stricken by 4/23/19 ex parte bench order
  6. On 4/30/20 the Supreme Court denied her access to appeal anything as an individual into appeal 79295.
  7. On 7/1/20 Sun City Anthem, Nationstar and Jimijack filed a joint respondents’ brief that was based on the false evidence from the Red Rock foreclosure file (RRFS 001-425) and (SCA 176-643 ignoring SCA 168-175) in response to the Gordon B. Hansen 12/19/19 opening brief.
  8. On 12/3/20 her A-19-799890-C complaint was dismissed with prejudice on the grounds of res judicata/non-mutual claims preclusion and three of her lis pendens (recorded on 8/7/14, 8/14/19, and 8/14/19) were expunged as if they had never been recorded.
  9. Dismissal of her A-19-799890-C complaint occurred after two order imposing sanctions on her for filing a quiet title complaint as an individual, , had been entered on 10/8/20 and 11/17/20 ($3,455 to Joseph Hong pursuant to EDCR 7.60(1) &/or (3) and $12,849 to Brittany Wood per NRS 18.010(2))
  10. On 3/8/21 NONA TOBIN filed her ANSWER, AFFIRMTIVE DEFENSES, COUNTER-CLAIMS & CROSS-CLAIMS the are summarized and expanded on below.

ANSWER

  1. Tobin’s AACC ANSWER basically denied that Red Rock had any proper purpose for filing a claim for interpleader after holding the funds, without legal authority, all the while obstructing Tobin’s multiple efforts for over the six years to stake a claim.
  2. Related to Tobin’s opinion of Red Rock’s motives, Tobin published on her blog SCAstrong.com: “Interpleader complaint was filed with an ulterior motive” and “Cause of Action: Abuse of Process” and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation

AFFIRMATIVE DEFENSES

Tobin’s AACC had nineteen affirmative defenses:

  1. Failure to state a claim
  2. Estoppel
  3. Fraud NRS 207.360 (9)(30)(35), NRS 205.395, NRS 205.377, NRS 205.330, NRS 205.405, NRS 111.175,
  4. Illegality NRS 207.230
  5. Waiver
  6. Failure to join a necessary party
  7. General and equitable defenses
  8. Priority
  9. False claims to title (NRS 205.395, NRS 205.377)
  10. Violation of Covenant of good faith (NRS 116.1113)
  11. Equitable doctrines (unclean hands, NRS 207.360 (9)(30)(35)
  12. Acceptance (distribution of proceeds)
  13. Waiver and Estoppel (Red Rock & Nationstar)
  14. Fraudulent Misrepresentation and fraudulent concealment NRS 205.405, NRCP 11(b)
  15. Failure to mitigate damages
  16. Unconstitutional (Due process clauses)
  17. Statutory violations (NRS 116.31031, NRS 116.31162 – NRS 116.31168 (2013), NRS 116.3102, NRS 116.31083, NRS 116.31085, NRS 38.310
  18. Rejection of two super-priority payments (SCA 513 and SCA 302)
  19. Violations of HOA CC&Rs owner protections (CC&Rs 7.4 Compliance & Enforcement; CC&Rs 16: Dispute Resolution and Limitation on Litigation

COUNTER-CLAIMS

Tobin’s AACC had five causes of action in the counter-claim vs. RRFS: 1) Interpleader: distribution of the proceeds plus penalties and interest; 2) Unjust enrichment and/or conversion; 3) Fraud; 4) Alter-ego piercing the corporate veil; and 5) Racketeering. See also published “Nona Tobin’s claims against Red Rock Financial Services”.

First Cause of Action: Interpleader

  1. The controlling statute for the distribution of proceeds is NRS116.31164(3) (2013) which defines the after-sale ministerial duties of the person who conducted the sale.
  2. There is no legal authority in the controlling statute for Red Rock Financial Services to claim $3500 in fees for filing this interpleader action.
  3. Using the Nevada legal rate of interest table, total amount due to Nona Tobin is $87,115.31, of which $57,282.32 was the original principal that Red Rock identified as “excess proceeds”
  4. Alternatively, if the calculation is done based on the amount of the proceeds Red Rock actually unlawfully retained, the amount due to Tobin presently is $91,855.11, of which $60,398.96 is the total undistributed portion of the $63,100 proceeds from the 8/15/14 sale. See Interest calculation on both principal amounts.
  5. Tobin’s 3/28/17 deed is the sole current recorded claim.
  6. No other defendant filed a claim into interpleader for a portion of the proceeds.

Second COA: Conversion

See the published “Cause of Action: Conversion” and “Cause of Action: Misappropriation of money” and “Cause of Action: Civil Conspiracy

Third COA: Fraud

  1. See the published “Cause of Action: Fraud” and “What’s being human got to do with it?
  2. See the published “SCA Board secretly sold a dozen houses in 2014
  3. See the published “SCA Board did not properly authorize any foreclosure conducted by Red Rock
  4. See the published “Red Rock foreclosure file is false, falsified and fraudulent
  5. See the published “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148
  6. See the published “SCA Board did not comply with HOA meeting laws
  7. See the published Ombudsman’s Notice of Sale records for 17 foreclosures )
  8. See the published “Due process is required before a person’s property can be confiscated

Fourth Cause of Action: Alter-ego piercing the corporate veil

See Exhibit 22 Excerpts of 1/31/17 cross-claim vs. HOA and its agents

Fifth COA: Racketeering

  1. See the published “Cause of Action: RICO damages pursuant to NRS 207.470 Racketeering
  2. Red Rock’s response to subpoena (RRFS 001-425) was unverified, incomplete, inaccurate, and contained some falsified documents.
  3. Sun City Anthem disclosed the same unverified, uncorroborated Red Rock foreclosure file (SCA 176-643) and misrepresented it to the court as the HOA’s official records of the collection and foreclosure process.
  4. Sun City Anthem concealed all the HOA’s records of what actually occurred, including but not limited to all the SCA Board agendas and minutes, un-doctored Resident Transaction Reports for 2763 White Sage, and all the HOA’s compliance and enforcement records for the foreclosures conducted by Red Rock under the HOA statutory authority.
  5. See 4/9/21 Request for Judicial Notice  (NRCP 16.1 disclosures and subpoena responses from discovery in case A-15-720032-C and disputed facts in the court record) which contains:

EXHIBIT 3: DAVID OCHOA PROFFERED FOR SUN CITY ANTHEM

  1. 5/31/18 SCA Initial disclosures
  2. SCA 001-116 Sun City Anthem CC&Rs 2008 3rd restatement
  3. SCA 117-145 Sun City Anthem bylaws 2008 3rd restatement
  4. SCA 146-163 Sun City Anthem Rules and Regulations
  5. SCA 164-167 Sun City Anthem 2007 Red Rock Financial Services Debt Collection contract
  6. SCA 168-175 Sun City Anthem 2013 Delinquent Assessment Policy
  7. SCA 176-643 Red Rock Financial Services Foreclosure File redacted
  8. 2/11/19 SCA 1st supplemental disclosures
  9. 2/26/19 SCA response to Tobin interrogatories
  10. 2/26/19 SCA Response to Tobin Request for Documents
  11. 2/26/19 SCA response to Tobin Request for documents annotated
  1. In addition to refusing to provide HOA records of probative value to Tobin’s case, Sun City Anthem attorney/debt collector Adam Clarkson required Nona Tobin, as an elected, sitting member of the HOA Board to recuse herself from all SCA collection matters, past or present, instead of relying on NRS 116.31084 (Voting by member of executive board; disclosures; abstention from voting on certain matters.) See 6/5/17 recusal acknowledgement.
  2. Because Tobin was a party to this quiet title litigation, Sun City Anthem attorney/debt collector Adam Clarkson deemed her elected Board seat vacant “by operation of law” and removed her from her elected Board seat without an NRS 116.31036 removal election.
  3. See 8/24/17 Clarkson letter that accused Nona Tobin of profiting from her elected seat on the Board by being party to this quiet title litigation.
  4. See 8/16/17 Complaint to the Nevada State Bar vs. Clarkson and 9/12/17 rejection letter.
  5. See the 9/7/17 Complaint to NRED Ombudsman and 8/9/18 rejection letter.
  6. See the published “Why can’t I be a candidate for the Board?” and “HOA collection practices cost us all more than you think” and “Fire the debt collector” and “Elder Abuse: Part II – SCA Agents” and “On the advice of counsel is no defense”.
  7. SCA attorney/debt collector has ruled without legal authority (NRS  that Nona Tobin is ineligible to run for election or return to her elected Board seat as long as the quiet title litigation is in the appellate courts, even if Sun City Anthem is not a party. See Clarkson “notice(s) of ineligibility” dated 2/9/18, 2/12/19, 2/06/20, and 2/12/21. See also 11/9/20 Tobin email to the HOA Board to fill vacant Board seat with 2017-2020 timeline and links. See the published “No 2021 Board election
  8. SCA attorneys Adam Clarkson and David Ochoa published quarterly litigation reports that falsely claimed that Nona Tobin had been removed from her elected Board seat “for cause”.
  9. See also the published “Election committee was inhospitable, angry even. Nevertheless I persisted
  10. SCA disclosed, and RRFS provided in response to Tobin’s subpoena, misleading and falsified documents to deceive the court into concluding that the sale had been fair and properly noticed and the proceeds properly handled, including but not limited to SCA 276, SCA 277, SCA 278, SCA 286, SCA 635, SCA 642 , SCA 643. SCA 277, SCA 628, RRFS 071-083 (SCA 250-262), RRFS 047-048 (SCA 223-224), RRFS 119 (SCA 302), RRFS 128 (SCA 315), RRFS 238-244, RRFS 218-219 (SCA 415-416), RRFS 298-299, RRFS 312-326 (SCA 513-530), RRFS 398-399; RRFS 402 (SCA 618), RRFS 409-423, RRFS 424-425, RRFS 123, RRFS 124,

CROSS-CLAIMS VS. NATIONSTAR & WELLS FARGO

  1. Tobin’s AACC had three causes of action vs. cross-defendants Nationstar and Wells Fargo: 1) Racketeering; 2) Unjust enrichment and/or conversion; and 3) Fraud.
  2. See “Nona Tobin’s cross-claim vs. Nationstar and Wells Fargo” See “Nationstar Mortgage’s Fraud” and “Black letter law: anti-foreclosure fraud
  3. See “Cause of Action: RICO damages pursuant to NRS 207.470 Racketeering
  4. Cross-defendant Nationstar’s fraudulent misrepresentations and presentation of false evidence to two district courts obstructed a fair adjudication of Tobin’s claims in prior proceedings and before the Nevada Supreme Court.
  5. Cross-defendant Nationstar’s ex parte meeting with Judge Kishner on 4/23/19  damaged Nona Tobin and caused her pro se filings to be stricken unheard.
  6. See Complaint to the Nevada Commission on Judicial Discipline
  7. Cross-defendant Nationstar recorded false claims to steal Nona Tobin’s property.
  8. Cross-defendant Nationstar is judicially estopped from claiming that it ever was the beneficiary of the Hansen deed of trust. See Complaint against Melanie Morgan.

PRAYER

Nona Tobin’s AACC Prayer for relief is quoted here with links added to laws, regulations, documentary evidence or argument to support claims for relief and punitive damages. See the published “Nona Tobin’s, Red Rock’s & Nationstar’s prayers for relief

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

Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct. (Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).

COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:

  1. that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
  2. that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title; See “Nona Tobin’s declaration under penalty of perjury” and Whatever happened to “equal protection under the law“?
  3. that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005. (See 4/12/21 Tobin motion to distribute)
  4. that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due
  5. that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds; See “Red Rock foreclosure file is false, falsified and fraudulent
  6. that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known, that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association; See SCA bylaws 3.20/3.18 and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation
  7. that sanctions are appropriate vs. RRFS for its failure to distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3): (See 4/12/21 Tobin motion to distribute)
  8. that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected; See SCA bylaws 3.20/3.18
  9. Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 order granting its motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence,  defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions  6.1 (False statements, fraud, and misrepresentation). (See 4/7/21 request for judicial notice.)
  10. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  11. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  12. that sanctions are appropriate pursuant to NRCP 11 (b)(1)(2)(3)(4) and NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
  13. that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
  14. that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345; (See 1/17/17 Tobin DECL re notary fraud)
  15. 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 NRCP 11 (b)(1)(2)(3)(4);
  16. 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).
  17.  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;
  18. That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
  19.  That Nona Tobin is entitled to recoup damages, five years of rental income from Jimijack;
  20. 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 205.395NRS 205.377NRS 207.400 and that Nona Tobin is entitled to treble damages by their misconduct pursuant to NRS 207.470 and 480; See “All Declarations under penalty of perjury support Nona Tobin” and “Nationstar Mortgage’s fraud” and “Why Nationstar’s attorneys must be sanctioned and pay damages” and “Complaint against Melanie Morgan” and “1st complaint to the Nevada AG” and “2nd complaint to the Nevada Attorney General
  21. that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed, or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and See 4/7/21 request for judicial notice of relevant laws and “What is lis pendens?” and
  22. 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).

Tobin’s 3/8/21 AACC had 22 Exhibits

  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

LEGAL STANDARD AND ARGUMENT

Motion for summary judgment

MSJ must be granted because counter and cross defendants didn’t file a responsive pleading to disput

The purpose of summary judgment is to identify and dispose of factually unsupported claims and defenses. See Celotex Corp. v. Catrett, 477 U.S. 317, 323–24106 S.Ct. 254891 L.Ed.2d 265 (1986). Summary judgment is therefore appropriate if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “A party asserting that a fact cannot be or is genuinely disputed must support the assertion,” and can do so in either of two ways: by “citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials”; or by “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed.R.Civ.P. 56(c)(1).

“A fact is ‘material’ when, under the governing substantive law, it could affect the outcome of the case. A ‘genuine issue’ of material fact arises if ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Thrifty Oil Co. v. Bank of Am. Nat’l Trust & Sav. Ass’n, 322 F.3d 1039, 1046 (9th Cir.2003) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248106 S.Ct. 250591 L.Ed.2d 202 (1986)). Conversely, where the evidence could not lead a rational trier of fact to find for the nonmoving party, no genuine issue exists for trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587106 S.Ct. 134889 L.Ed.2d 538 (1986) (citing First Nat’l Bank v. Cities Serv. Co., 391 U.S. 253, 28988 S.Ct. 157520 L.Ed.2d 569 (1968)).

The moving party has the burden of persuading the court as to the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548;Miller v. Glenn Miller Prods., 454 F.3d 975, 987 (9th Cir.2006). The moving party may do so with affirmative evidence or by “ ‘showing’—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.” Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Once the moving party satisfies its burden, the nonmoving party cannot simply rest on the pleadings or argue that any disagreement or “metaphysical doubt” about a material issue of fact precludes summary judgment. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548;Matsushita Elec., 475 U.S. at 586106 S.Ct. 1348;Cal. Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir.1987). The nonmoving party must instead set forth “significant probative evidence” in support of its position. T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 630 (9th Cir.1987) (quoting First Nat’l, 391 U.S. at 29088 S.Ct. 1575).Summary judgment will thus be granted against a party who fails to demonstrate facts sufficient to establish an element essential to his case when that party will ultimately bear the burden of proof at trial. See Celotex, 477 U.S. at 322, 106 S.Ct. 2548.

When evaluating a motion for summary judgment, the court must construe all evidence and reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. See T.W. Elec. Serv., 809 F.2d at 630–31. Accordingly, if “reasonable minds could differ as to the import of the evidence,” summary judgment will be denied. Anderson, 477 U.S. at 250–51106 S.Ct. 2505.

Turner v. Haw. First Inc., 903 F. Supp. 2d 1037, 1042-44 (D. Haw. 2012)

We can learn a lot from this Spanish Trail HOA case

I am requesting your help to get some investigative assistance, and meaningful access to Nevada’s formal complaint procedures, to address this problem of HOA debt collectors and banks ripping us all off.

Tobin’s 2/14/19 email to investigative reporters & state legislators requesting help

Specifically, the two issues I am raising I also raised in a letter to the R-J “HOAs, foreclosures, and property rights” published on 9/18/16.

1. HOA debt collectors use abusive debt collection practices to foreclose for trivial delinquent assessments, and then unlawfully retain the proceeds of the sales.

2. Banks lie to the court in HOA foreclosure litigation for quiet title so they can foreclose on deeds of trust/mortgages that they don’t actually own.

Can you assist in ensuring that these possibly criminal complaints are addressed by the proper enforcement authorities?

The NV Real Estate Division and CICC Ombudsman should ensure that HOA foreclosures are compliant with state law, but they have failed. Enforcement officials have been cowed, co-opted, or corrupted into being completely ineffective at any enforcement of NRS116, NRS116A, or NAC116, or NAC 116A.

Link to outline of the corruption “HOA debt collectors wield an unlawful level of power”

This systemic problem can’t be effectively incorporated in my individual civil action, but must be addressed statewide.

This email describes a pattern of unjust enrichment and fraudulent concealment that (I have been told) cannot be addressed in the quiet title litigation I have over my late fiance’s house (also described herein) because my case is not a class action.

This fraud is larger than last big HOA corruption case where more than 40 were indicted and four died suspiciously.

This problem involves so much more money than the last HOA corruption scam by Benzar and Nancy Quon manipulating HOA board elections and channeling construction defect cases to themselves that it should not be ignored by authorities.

I need to know how to get the appropriate enforcement agency staff to talk to me personally and to prioritize reviewing the investigative research already done.

The scale of this fraud is astounding, but it is so big because it is one way banks are trying to dodge accountability for creating worthless securities that exist in the aftermath of the 2008 collapse of the mortgage securities market.

A lingering consequence of the market crash

Taxpayers bailed out the banks after the crash. The TARP program made banks virtually whole despite their misdeeds. None of the investment banker perpetrators went to jail for bringing down the world economy.

A new twist

The specific situation here is a new twist on the mortgage servicing fraud, robo-signing problem that led to Nevada’s 2011 anti-foreclosure fraud law AB 284 and the 2012 National Mortgage Settlement. Here, the un-indicted co-conspiritors that destroyed the entire housing market a decade ago are trying to cut their losses by getting title to HOA-foreclosed houses even though they don’t actually own the mortgages.

A bank pretends a debt is owed to it. Actually, the debtor’s IOU is to a different bank, perhaps now defunct, and there is no paper trail to the bank making the false claims.

It is very common for houses foreclosed by HOAs – in Nevada and nationwide – to have mortgages/deeds of trust that were securitized out of existence – broken up into synthetic derivatives, collateral debt swaps and tranched instruments, so esoteric and exotic that the ownership of the note is nearly impossible to accurately ascertain.

Any unscrupulous bank can step into the void and anoint itself the owner of a debt that belongs to someone else or belongs no one. And step in, they do!

Banks’ attorneys’ legal sleight of hand – razzle, dazzle ’em!

The banks, and their extremely high paid and competent, albeit ethically-challenged attorneys, have figured out one way to foreclose when they had no legal right to do so and have no legal way of proving who owns the mortgage. Getting quiet title after an HOA foreclosure is one way they pull this magic trick off.

Banks treat owner protections as optional, not mandatory

They (meaning either the banks or the banks’ attorneys on their own initiative, hard to say given all the smoke and mirrors) record false affidavits against the title (banned by AB284 in 2011) claiming that the owner of the home owes it a debt. Further, the bank’s Constitutional protections are abridged if the bank loses the owner’s home as security for a debt owed to someone, but the owner’s property rights and protections against seizure without due process can be abridged with impunity.

Silence means compliance – or acquiescence

Then, probably no one challenges the banks’ claim (the owner that lost the house for a trivial debt is usually either dead or devastated by debt).

The bank then is free to sue the purchaser at the HOA for quiet title. The bank blithely lies to the court, claiming falsely that it holds the debtor’s IOU, i.e., the original note where the debtor promised to pay back the mortgage to the originating lender.

Rabbit out of the hat

The court will probably buy the bank’s story because the documents produced seem very official and incomprehensible.

Brilliant, unscrupulous bank! The fraud is not obvious to the naked eye. A forensic examination is needed to discern it. Further, nobody is around to contradict the bank that’s pretending to be owed a debt.The bank can then foreclose on the property with impunity without ever having to prove that the debt was ever really owed to it.

Meanwhile…nobody knows what escheat means

The HOA debt collectors are rewarded by nobody noticing that they unlawfully keep nearly all of many HOA sale proceeds for years.

No worries.

The bank can’t make a claim for the proceeds if the HOA sale extinguishes the security instrument.

And, it’s really easy for the debt collector block owners who attempt to make a claim for a portion of the proceeds — as has been amply demonstrated iboth n my case and in the Spanish Trail case in the forwarded email below.

The scam works for HOA foreclosures between 2011-2015 before the 2015 law changes.

Who wins when an HOA forecloses on a minuscule debt    – speculators, debt collectors, and fraudulent banks and attorneys

Speculators-in-the-know have bought almost all of Nevada’s HOA foreclosures. These clever guys have gotten huge windfalls by buying HOA liens for pennies on the dollar virtually without competition from bona fide, arms-length purchasers. The vulture investor rents the properties they got free and clear for years while the wrongful foreclosure is litigated.

Why doesn’t the HOA get the profits? Or the HOA membership at large?

Note: the HOA debt collectors unlawfully get approval for these sales from the HOA Boards in secret meetings so the HOA homeowners can’t buy houses in their own HOA by paying a few bucks to cover delinquent dues. These great deals are reserved for speculators. All SCA foreclosures have gone to parties who own multiple HOA foreclosures from two to over 600 house. For example, two Sun City Anthem properties sold in 2014 for under $8,000, and 11 of 12 SCA foreclosures that year sold for under $100,000. I estimate this averages at less than one-third market value.

Due process for the owner takes a back seat to the HOA debt collectors drive to high-profit foreclosure.

Real estate speculators bought HOA liens for delinquent assessments in the thousands after the market crash when the baks wouldn’t protect the properties from deterioration causing whole neighborhoods to be blighted. These cognoscenti bought often, sometimes in bulk, either directly from the HOA debt collector or at some poorly noticed “public” foreclosure sale. See Irma Mendez affidavit regarding Joel Just, former-President of red rock.

Link to one 2012 speculator’s description of how he did it.

Link to UNLV Lied Institute for Real Estate 2017 study , commissioned by Nevada Association of Realtors, documenting 611 HOA foreclosures and the super-priority lien, that shows a cost to the Nevada real estate market exceeding over $1 billion between 2011-2015.

Failure to distribute the proceeds of MANY HOA foreclosures is big bucks for a few financially-conflicted/ ethically challenged HOA debt collectors.

HOA debt collectors win by putting virtually ALL the proceeds of the sales in their attorney trust funds (except the actual delinquent assessments plus interest and late fees (chump change) that go to the HOA.

In my case, RRFS kept $57,282 in “excess” proceeds and paid the HOA $2,701.04 as payment in full. What a deal! Seems like a disproportionate sanction to me, but probably it’s in the bottom quartile of all the David Copperfield RRFS has conjured up to rip off HOA homeowners further after stealing their houses.

See forwarded email of RRFS holding $1.1 million on one HOA sale. I think the HOA got less than 1% of that windfall.

In this Spanish Trails case RRFS has been holding a whopping $1.1 million+ since 2014. One question is “Will the 90- year-old former owner get a fair shake in court to claim those proceeds or will the debt collectors and the banks (and maybe the judge) postpone until the bank wins by default?

What the law says the forecloser has to do with the sale proceeds

NRS 116.31164(3)(c) (2013) requires that the funds be distributed in a certain order – to pay reasonable foreclosure costs, pay the HOA delinquent assessments, then pay off liens, last, pay the owner. The owner only gets something if the sale extinguished the mortgage.

The debt collector’s attorney is not supposed to retain indefinitely the “excess” proceeds. The attorney is supposed to file a complaint in district court called interpleader and SHALL distribute the funds in the manner defined by NRS, but they just pretended to do it.

What happens in real life is the debt collectors just keep the money because they haven’t gotten caught.

It’s almost a state-sanctioned form of embezzlement.

This windfall is potentially in the tens of millions, and there is a pretty small crew of individuals that do this – HOA debt collectors with NRS 649 licenses and attorneys who don’t need a license and so are even less regulated.

If there is no litigation, no one makes a claim for the proceeds.

There is no accounting of the sale proceeds by the HOA. In fact, the HOA has no record even that a property was foreclosed using the HOA’s power of sale or how much the house was sold for or any accounting. The attorneys and debt collectors tell the HOA -WRONGLY – that it is not the HOA’s money so they effectively block any independent accounting of the proceeds.

I haven’t found any interpleader filed for the court to distribute the proceeds of any of the Sun City Anthem foreclosures conducted in SCA’s name by any of SCA debt collectors, but it’s hard to be sure since they withhold, conceal or misrepresent any records they do have.

If there is litigation, like in this Spanish Trail case, it goes on for years,

and 99% of the time the homeowner who lost the house is not in the case. The court fight is usually just between the bank and the buyer at the sale. The attorneys try to keep the HOA out of it except for the HOA homeowners to pay the litigation costs.

A stunning example of why attorney trust funds can’t be trusted

Chapter 7 as an easy way to fraudulently abscond with all the proceeds from many HOA sales held indefinitely in attorney trust funds

The proceeds of these sales can just disappear in a morass of sham LLCs that Nevada is so good at producing while so poor at regulating.

SCA hired Alessi & Koenig, LLC after RRFS was fired.

David Alessi was not licensed to practice law in Nevada but passed himself off as an licensed attorney anyway so A&K didn’t have an NRS 649 debt collection license.

That was the least of their problems

A&K dissolved the LLC, hid its assets, filed chapter 7 bankruptcy and morphed into HOA Lawyers Group. Alessi only admitted in the bankruptcy proceedings as retaining $2.9 million after having conducted at least 800 HOA “public” auctions out of their offices between 2011-2015, 500 of which per David Alessi’s deposition, had named A&K as a party to wrongful foreclosure litigation. They had one racketeering, bid rigging judgment (Melinda Ellis) against them that they skipped on.

Generally, NV HOA Boards are ill-advised by financially conflicted agents who tell the BODs to do the wrong thing. SCA just pays more for it.

Link to the notice about this scam I sent on 1/25/17 that the SCA Board ignored. My reward came when the current SCA attorney/debt collector ordered me to recuse myself from all SCA collection matters after I was elected to the Board and prohibited me from accessing any SCA records without his approval.

The banks are far from blameless. Do not give them a free pass.

The banks are usually cheating as well because they are saying that they own the mortgage when they actually don’t own it any more than I do.

Since it is unlawful for an HOA to foreclose after a bank had issued a notice of default (NRS 116.31162(6), the prime pickings for HOA foreclosures were frequently ones that the bank did not foreclose on for 2-3 years of non-payment. These houses were ripe of HOA foreclosure primarily when the banks couldn’t prove they owned the mortgage after Nevada passed AB 284, its anti-foreclosure fraud law in 2011. So the banks in these HOA foreclosure litigations unfairly get a second bite of the apple

Catch-22 so the owner always loses and the bank wins

In my case, the homeowner died.

The HOA sold the house to a Realtor in the listing office after the bank blocked four legitimate sales of the property.

The bank now claims the HOA sale was valid to get rid of my (the estate’s) property rights, but that the HOA sale was not valid to extinguish the deed of trust the bank is lying about owning.

Obviously, the highest priority to fraudulent banks is to get mortgages on their books that had been securitized out of existence. The proceeds of the HOA sale are second priority.

Two bites of the apple

So the banks in these HOA foreclosure litigations have a chance to get quiet title just by beating the speculator in court so they can foreclose without meeting the stringent stands of AB 284. Obviously it is much more worth it to those kinds of fraudulent banks to get mortgages on their books that had been securitized out of existence than to worry about the proceeds of the HOA sale.

Bottom line: who gets screwed? Easy — The HOAs and the homeowners lose 100% of the time.

The HOAs get nothing from a sale but the few assessment dollars they certainly could have gotten easier if they had taken title by deed in lieu or had offered the property up to their own HOA owners.

How can it be good business judgment to pay collection costs that are orders of magnitude larger than the minuscule debts collected?

Instead of the HOA (or some of its owners) getting the windfall of a house with no mortgage, the homeowners get a big, fat legal bill to pay for the fight between the HOA sale purchaser and the bank for wrongful foreclosure. In SCA’s dozen 2014 foreclosures owners have paid, several hundred thousand bucks in attorney fees, settlements, insurance deductibles, and other costs have accrued to collect because SCA has totally abdicated to the debt collectors and .

How the scam is working even now to screw me out of Bruce’s house

The homeowner, in this case, me, got screwed by losing the house at a surprise sale for a trivial delinquency, 8th amendment anyone?

What idiot would lose a $400,000 house for a $2,000 debt?

I, for one, would easily have corrected a $2,000 delinquency had I thought, in a million years , that the bank – the same bank, mind you, that claimed $389,000 was owed to it — wouldn’t stop the HOA from selling the house for $63,100 when a $358,800 offer from a bona fide purchaser was on the table.

Oh well…current status of my one little stolen house case

There will be a hearing on March 26 on motions for summary judgment. The trial is set for May 28, 2019.

Here is a link to a counter-motion I drafted yesterday that I am sure my attorney will choose not to file after because my draft is focused on the bank’s duplicity and not exclusively on the (considerable) statutory deficiencies of the HOA sale per se.

However, it shows how the banks’ attorneys are trying to use the HOA foreclosure quiet title proceeding to unfairly gain title to a property when its claim to be owed around $400,000 is provably false.

Abusive collection practices tip the scales against owners, especially dead owners

In this case, the debt collector should have stopped the HOA sale when the bank tendered nine months of assessments, the super-priority, but instead, it carried on in secret meetings (of which there are no agendas and no minutes) to get the SCA Board to approve an unnecessary sale without telling me. The debt collectors unlawfully refused the banks’ tender of the super-priority amount twice, and each one should have stopped the HOA sale, but the debt collector never told the Board what it did.

Why don’t more owners sue after losing their expensive house for a trivial debt?

It’s simply a low percentage game.

It has cost me over $30,000 in attorney fees already and trial isn’t until May in this four-year long case. My attorney has been very generous with reducing fees and looking at my work, but most attorneys won’t represent a homeowner because the chance of recovery is so small and the banks’ resources so formidable.

Spanish Trail case – no distribution of $1.1M yet for 90-year-old who lost his house in 2014, but who cares? He’ll be dead soon anyway.

Here’s the minutes of the February 5 hearing in the Spanish Trail case that was continued to March 5. Link to the March 1 minutes of the hearing that inexplicably occurred on March 1 and not March 5.

How this tome started: Forwarded email about Spanish Trail case shows how easy it is to steal when nobody is looking.

The email I am forwarding was my attempt to articulate the nuances of this scam to my attorney which he probably didn’t read. I don’t think he charges me for reading my long descriptions of the systemic deficits and scams because he is already not billing me for all the time it takes just to deal with trying to get quiet title to Bruce’s house,

Bank attorney boilerplate strategy doesn’t mean their fees are less

For the benefit of any potential investigator, the email below demonstrates the exact same legal sleight of hand used in the Spanish Trail case will be used to try to crush me later this month.

  1. Volunteer SCA Board violated their own CC&RS and sanctioned this owner by authorizing foreclosure in secret on the advice of counsel.
  2. HOA managers/debt collectors/attorneys usurp the HOA power to foreclose for their own unjust enrichment.
  3. Once the foreclosure is over, the attorney tells the HOA Board it’s not the association’s problem; it’s between the buyer and the bank.

All proceeds of HOA sales must be accounted for by SCA, but the SCA Board has been told that once the account goes to the debt collector it’s not their problem.

Attorneys Koch & Scow have held the sale proceeds for four years in both this Spanish Trail case and 2763 without filing for interpleader

….probably collecting the interest, not filing interpleader, and keeping what nobody notices. This is much more money, RRFS kept $1,168,865 is excess proceeds after the 11/10/14 sale.

It looks just like the RRFS trust fund check to the court for $57,282 excess proceeds check from excess proceeds after the 8/15/14 sale that Koch & Scow never filed for interpleader. When I attempted to make a claim for those funds in September 2014, I was rebuffed.

the 2/5/19 Spanish trail hearing is about proceeds from 11/10/14 sale

The owner, not in the case, gets the proceeds if the sale extinguished the loan

Here are the minutes of a 2/5/19 hearing where attorney Akin (not on efile list) was waiting for outcome so his 90-year-old client (former owner?) could see about the excess proceeds. Continued to 3/5/19. Will Akerman attorney even go to interpleader or will she let the old owner have it?

Ackerman got Spanish trail sale to be valid, but sale did not extinguish loan

Order granting MSJ to the bank 12/5/18

But the court finds that the HOA could only foreclose on the sub-priority portion of the lien This is what Ackerman is trying to do in the 2763 case, only representing a different bank.

Ackerman may be a front for bank fraud like attorneys for the mob

Ackerman got quiet title for Thornberg, the bank who I suspect is fraudulent and claims to have gotten the beneficial ownership from MERS. This is like 2763 DOT. I say this because in 10/1/11, Nevada legislature passed AB 284 which made it a felony for to banks to use robo-signers to execute notarized false assignments of mortgages.

In this case, the owner defaulted in 2011 on the DOT and the HOA filed a NODES in late-2011, why didn’t the bank foreclose for over three years until the HOA sold it in late-2014?

Bank MSJ: Foreclosure only sub-priority piece is valid

The Ackerman MSJ is what they will be arguing about 2763. Bank made super-priority tender. It was refused. Sale did not extinguish the loan because HOA only foreclosed on sub-priority portion. Argues that it doesn’t matter if Saticoy is a bona fide purchaser. Shadow Wood applies as sale was commercially unreasonable and unfair.

Banks were the proximate cause of the delinquency by blocking sales and refusing title by deed in lieu

The fact that both banks tendered the super-priority amount is supported by the RRFS/SCA disclosures, and it is a strong reason well briefed by Ackerman for protecting the DOT, so we have to show that because BANA and Nationstar were provably engaged in mortgage fraud, they were complicit in preventing the estate from paying the assessments by BANA’s refusing to close two escrows out of which the HUD-1s show the assessments would have been paid, and by Nationstar’s refusing to close two escrows from bona fide CASH purchasers at market value and not responding to the

$375,000 offer i signed on 8/1/14.

HOA OPPC to bank MSJ

John Leach was SCA’s attorney until 2017 when Clarkson took over. His OPPC shows the same attitude SCA has showed to me.

The HOA doesn’t belong in the case. RRFS did everything right

The fight is rightly just between the bank and purchaser in possession The owner is just a loser, not the HOA’s problem

The SCA Board violated its duty to the homeowners by abdicating to self-serving agents

Here’s where our case has to differentiate itself. We have to hold the HOA Board accountable for letting the debt collector/manager/attorney use the HOA power to foreclose to screw the HOA and ALL the owners. Doing collections and foreclosures in secret keeps the chance of compliance low, keeps neighbors from helping a neighbor in trouble, or an out of state executor that doesn’t get proper notice from knowing what to do. Not publishing that a house is going to be foreclosed to the owners prevents any owner from bidding.

The Board can’t wash its hands. It’s wrong for them to blindly listen only to RRFS without having to listen to the owner. FSR/RRFS set the owner up to get the property into foreclosure for way more ways to make money than just charging usurious fees.

Undisputed facts about how SCA Board did as they were told (by debt collector) but it was wrong

The volunteer Directors have been tricked by self-serving agents into doing what the agents say they HAVE TO DO.

In this case, the Board was handling collections and foreclosures such that it made money for the agents, but were actually against the law or SCA governing docs: Here is a link to emails where the former Board President told me how the Board handled foreclosures in 2014 – all in closed BOD meetings under RRFS control.

  1. Give complete control over collections to the manager/debt collector of accounting with no checks and balances or any need to ever hear from the owner affected.
  2. Keep everything strictly confidential and
  3. trust that the manager and debt collector are doing it right
  4. Allow the manager to report after an account was sent to collections and never check what fees were charged or what the circumstances might be, like the owner died and it was in escrow
  5. assume that since the debt collector said they gave a notice and no owner ever filed an appeal, that everything is fine
  6. Make all decisions in executive session without specifying the name of the party or the proposed sanction
  7. Do not publish the quarterly delinquency report required by the bylaws even though that’s how delinquent taxes are publicly reported
  8. Adopt a fee schedule but do not give it to the homeowner who is subjected to them and don’t audit anything that RRFS charges to see if it’s right
  9. Listen only to the debt collector and never tell the owner when decisions are being made to sanction them
  10. Do not put specifically on the agenda or give the owner any requested minutes from BOD meetings in executive session where actions about the owner were decided:
    1. when the debt collector said that the owner requested a waiver of $459 and the owner was not permitted to be present why the debt collector said that the BOD could only waive assessments, late fees and interest, but could not waive the collection fees
    2. when a pay plan was offered, considered or rejected
    3. when it decided to post the property for sale, or
    4. when the BOD was asked to postpone or cancel the sale, or
    5. was told what the date of the sale was to be, or
    6. was told that the foreclosure occurred ·    the BOD discussed the owner’s delinquency and possible sanctions,
    7. when the BOD was told of the possible alternatives to aggressive collections, such as a deed in lieu, wait to collect out of escrow without charging or unnecessary collection charges, small claims, accept the bank’s tender of the super-priority and restart the clock on what the owner owes,
    8. Adopt a policy and procedure that defines how the governing documents will be enforced providing specific due process steps, but carve out an exception for predatory collections and foreclosure, the harshest of all penalties, and do that in secret, don’t tell the owner that you did it, make any appeal without litigation impossible and then treat the owner like a criminal if she tries to get the stolen house back.

Legal theory for the Board’s authority and why it can’t be delegated or agents be unsupervised.

  1. The Association exists to protect the owners’ common good.
  2. The Association is not the Board; it is the membership at large.
  3. The Board has the sole power to act.
  4. Agents can advise, not direct.
  5. Board’s fiduciary duty is act solely and exclusively for the association’s, i.e., all owners’ benefit. The Board owes no duty to its agents.
  6. The agents have no rights, only duties, to the Association, i.e., agents have fiduciary duty to protect the due process rights of the owners.

Our case is unique in arguing violations of due process guaranteed by NRS 116.31031 and NRS 116.31085, SCA CC&Rs 7.4.

This is not the way the agents act and it’s not the way they have trained the Board to act, but it’s the way the law and the governing documents say it is.

  1. The BOD has authority to maintain the common areas and other services funded by assessments.
  2. The Board has the authority to determine the amount of the assessments needed to cover the maintenance and protection of the common areas.
  3. The HOA is a mutual benefit, non-profit entity which exists solely for the purpose of maintaining the property values and quality of life in the community.
  4. The directors, attorneys and managing agents are all fiduciaries by law and they must act in good faith in a manner which is solely and exclusively in the best interest of the association and use good business judgment.
  5. The Board has the sole responsibility for adopting an annual budget to fund maintaining the common areas and programs and activities to support the community life.
  6. SCA bylaws 3.18a,b,e,f,g,i /3.20 prohibit the Board from delegating and abdicating control over any of SCA’s money: budgeting, levying and collecting assessments, setting up the bank accounts where the money collected goes, controlling the signatories, setting up the use rules and restrictions and enforcing them
  7. The Board is the sole authority on the enforcement of the governing documents.
  8. While managing agents and attorneys can advise and implement, the Board alone is the decider.
  9. NRS 116 and NRS 116A (for managing agents) has provisions which specifically define the authority and limits constraining the Board before it can sanction owners for alleged violations
  10. See the Table of Authorities.

Nona Tobin’s Motion for Summary Judgment vs. Red Rock Financial Services, Nationstar, & Wells Fargo

Link to downloadable PDF

Comes now, counter-claimant/ cross-claimant Nona Tobin, an individual, in proper person, to hereby move for summary judgment vs. counter-defendant Red Rock Financial Services, a partnership, and cross-defendants Nationstar and Wells Fargo and moves that relief be granted to Nona Tobin as requested, including punitive damages and sanctions, pursuant to NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), and/or NRS 42.005.

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

  1. On 2/16/21 Red Rock served complaint with one cause of action: interpleader to distribute the proceeds of the 8/15/14 sale of 2763 White Sage.
  2. On 3/8/21 counter-claimant/ cross-claimant  Nona Tobin filed NONA TOBIN’S (Herein “AACC’) ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, CROSS-CLAIMS VS. NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A., AND MOTION FOR SANCTIONS VS. RED ROCK FINANCIAL SERVICES AND NATIONSTAR MORTGAGE LLC, AND/OR NATIONSTAR MORTGAGE DBA MR. COOPER PURSUANT TO NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), NRS 42.005. JURY TRIAL DEMANDED.
  3. As there has been no timely responsive pleading from Red Rock, Nationstar, or Wells Fargo denying Tobin’s allegations, the court has the discretion to deem their silence as admission.

 (“Under NRCP 7(a) a reply to a counterclaim is a required responsive pleading. Because of his failure to reply, appellant admitted the allegations of the counterclaim. NRCP 8(d).”)

 Bowers v. Edwards, 79 Nev. 384, 389 (Nev. 1963)

(“If the plaintiff fails to demur or reply to the new matter, contained in the answer, constituting a defense, the same shall be deemed admitted.”)

Nevada-Douglas Co. v. Berryhill, 58 Nev. 261, 268 (Nev. 1938)

(“Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required…)

Danning v. Lum’s, Inc., 86 Nev. 868, 0 (Nev. 1971)

However, out of an abundance of caution, Tobin moves herein for summary judgment and sanctions to obtain relief instead of filing a notice of intent to take default.

Due to the seriousness of  the allegations and the high level of declaratory relief, sanctions and punitive damages sought, counter-claimant/ cross-claimant Nona Tobin requests a hearing to allow defendants an opportunity to reply and to show cause why the relief, sanctions and punitive damages requested should not be imposed.

REQUESTS FOR JUDICIAL NOTICE

Counter-claimant/cross-claimant Nona Tobin requests the court judicially notice the Requests for Judicial Notice Tobin filed into this case on 3/15/21 (APN 191-13-811052 Clark County complete property record), 4/4/21 (unadjudicated administrative complaints and civil claims), 4/7/21 (relevant laws, regulations and HOA governing document provisions) and 4/9/21 (NRCP 16.1 disclosures and subpoena responses from discovery in case A-15-720032-C and disputed facts in the court record).

NRS 47.130(2) (b) permits courts to judicially notice facts “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, so that the fact is not subject to reasonable dispute.”

Pursuant to NRS 47.150, a “judge or court shall take judicial notice if requested by a party and supplied with the necessary information.”

Pursuant to NRS 47.160 “A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter to be noticed.”

Nona Tobin’s Requests for Judicial Notice, filed into this case on 3/15/21, 4/4/21, 4/7/21 and 4/9/21, are proper for judicial notice because they were 1) recorded against the property and are part of the Clark County Recorder’s Office records, or 2) were filed at some point into the court records of prior proceedings, or 3) fit the definition of NRS 47.140 (matters of law), and 4) are timely pursuant to NRS 47.150.  Mack v. S. Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986).

STATEMENT OF UNDISPUTED FACTS

AFFIRMATIVE DEFENSES

  1. The HOA sale was invalid to remove Tobin’s rights to title as it was non-compliant with foreclosure statutes, did not comply with the HOA governing documents, did not provide mandated due process, and involved fraud. Red Rock, Nationstar and Sun City Anthem withheld, concealed, misrepresented and/or falsified records to conceal the fraud.
  2. Defendants, acting alone or in conspiracy with others, covered up the fraud and successfully suppressed Tobin’s evidence so the courts acted on false evidence to rule against her and deny her access to the appellate courts.
  3. On 6/24/19 she lost title by being denied access to the trial and all documentary evidence excluded. See A-15-720032-C case summary without stricken documents vs. annotated summary and annotated 5/4/19 case info file.
  4. On 9/10/19 the Supreme Court denied her individual right to appeal.
  5. On 11/22/19 Tobin’s 7/22/19 motion for a new trial pursuant to NRCP 54b and NRCP 59a(1)ABCDF and 7/29/19 motion to dismiss for lack of jurisdiction pursuant to NRS 38.310 were stricken unheard along with all her pro se filings and motions stricken by 4/23/19 ex parte bench order
  6. On 4/30/20 the Supreme Court denied her access to appeal anything as an individual into appeal 79295.
  7. On 7/1/20 Sun City Anthem, Nationstar and Jimijack filed a joint respondents’ brief that was based on the false evidence from the Red Rock foreclosure file (RRFS 001-425) and (SCA 176-643 ignoring SCA 168-175) in response to the Gordon B. Hansen 12/19/19 opening brief.
  8. On 12/3/20 her A-19-799890-C complaint was dismissed with prejudice on the grounds of res judicata/non-mutual claims preclusion and three of her lis pendens (recorded on 8/7/14, 8/14/19, and 8/14/19) were expunged as if they had never been recorded.
  9. Dismissal of her A-19-799890-C complaint occurred after two order imposing sanctions on her for filing a quiet title complaint as an individual, , had been entered on 10/8/20 and 11/17/20 ($3,455 to Joseph Hong pursuant to EDCR 7.60(1) &/or (3) and $12,849 to Brittany Wood per NRS 18.010(2))
  10. On 3/8/21 NONA TOBIN filed her ANSWER, AFFIRMTIVE DEFENSES, COUNTER-CLAIMS & CROSS-CLAIMS the are summarized and expanded on below.
  1. Tobin’s AACC ANSWER basically denied that Red Rock had any proper purpose for filing a claim for interpleader after holding the funds, without legal authority, all the while obstructing Tobin’s multiple efforts for over the six years to stake a claim.
  2. Related to Tobin’s opinion of Red Rock’s motives, Tobin published on her blog SCAstrong.com: “Interpleader complaint was filed with an ulterior motive” and “Cause of Action: Abuse of Process” and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation

AFFIRMATIVE DEFENSES

Tobin’s AACC had nineteen affirmative defenses:
  1. Failure to state a claim
  2. Estoppel
  3. Fraud NRS 207.360 (9)(30)(35), NRS 205.395, NRS 205.377, NRS 205.330, NRS 205.405, NRS 111.175,
  4. Illegality NRS 207.230
  5. Waiver
  6. Failure to join a necessary party
  7. General and equitable defenses
  8. Priority
  9. False claims to title (NRS 205.395, NRS 205.377)
  10. Violation of Covenant of good faith (NRS 116.1113)
  11. Equitable doctrines (unclean hands, NRS 207.360 (9)(30)(35)
  12. Acceptance (distribution of proceeds)
  13. Waiver and Estoppel (Red Rock & Nationstar)
  14. Fraudulent Misrepresentation and fraudulent concealment NRS 205.405, NRCP 11(b)
  15. Failure to mitigate damages
  16. Unconstitutional (Due process clauses)
  17. Statutory violations (NRS 116.31031, NRS 116.31162 – NRS 116.31168 (2013), NRS 116.3102, NRS 116.31083, NRS 116.31085, NRS 38.310
  18. Rejection of two super-priority payments (SCA 513 and SCA 302)
  19. Violations of HOA CC&Rs owner protections (CC&Rs 7.4 Compliance & Enforcement; CC&Rs 16: Dispute Resolution and Limitation on Litigation

ANSWER

COUNTER-CLAIMS

Tobin’s AACC had five causes of action in the counter-claim vs. RRFS: 1) Interpleader: distribution of the proceeds plus penalties and interest; 2) Unjust enrichment and/or conversion; 3) Fraud; 4) Alter-ego piercing the corporate veil; and 5) Racketeering. See also published “Nona Tobin’s claims against Red Rock Financial Services”.

First Cause of Action: Interpleader

The controlling statute for the distribution of proceeds is NRS116.31164(3) (2013) which defines the after-sale ministerial duties of the person who conducted the sale.

There is no legal authority in the controlling statute for Red Rock Financial Services to claim $3500 in fees for filing this interpleader action.

Using the Nevada legal rate of interest table, total amount due to Nona Tobin is $87,115.31, of which $57,282.32 was the original principal that Red Rock identified as “excess proceeds”

Alternatively, if the calculation is done based on the amount of the proceeds Red Rock actually unlawfully retained, the amount due to Tobin presently is $91,855.11, of which $60,398.96 is the total undistributed portion of the $63,100 proceeds from the 8/15/14 sale. See Interest calculation on both principal amounts.

Tobin’s 3/28/17 deed is the sole current recorded claim.

No other defendant filed a claim into interpleader for a portion of the proceeds.

Second COA: Conversion

See the published “Cause of Action: Conversion” and “Cause of Action: Misappropriation of money” and “Cause of Action: Civil Conspiracy

Third COA: Fraud

See the published “Cause of Action: Fraud” and “What’s being human got to do with it?

See the published “SCA Board secretly sold a dozen houses in 2014

See the published “SCA Board did not properly authorize any foreclosure conducted by Red Rock

See the published “Red Rock foreclosure file is false, falsified and fraudulent

See the published “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148

See the published “SCA Board did not comply with HOA meeting laws

See the published Ombudsman’s Notice of Sale records for 17 foreclosures )

See the published “Due process is required before a person’s property can be confiscated

Fourth Cause of Action: Alter-ego piercing the corporate veil

See Exhibit 22 Excerpts of 1/31/17 cross-claim vs. HOA and its agents

Fifth COA: Racketeering

See the published “Cause of Action: RICO damages pursuant to NRS 207.470 Racketeering

Red Rock’s response to subpoena (RRFS 001-425) was unverified, incomplete, inaccurate, and contained some falsified documents.

Sun City Anthem disclosed the same unverified, uncorroborated Red Rock foreclosure file (SCA 176-643) and misrepresented it to the court as the HOA’s official records of the collection and foreclosure process.

Sun City Anthem concealed all the HOA’s records of what actually occurred, including but not limited to all the SCA Board agendas and minutes, un-doctored Resident Transaction Reports for 2763 White Sage, and all the HOA’s compliance and enforcement records for the foreclosures conducted by Red Rock under the HOA statutory authority.

See 4/9/21 Request for Judicial Notice  (NRCP 16.1 disclosures and subpoena responses from discovery in case A-15-720032-C and disputed facts in the court record) which contains:

EXHIBIT 3: DAVID OCHOA PROFFERED FOR SUN CITY ANTHEM

Both Sun City Anthem and Red Rock concealed in discovery the applicable 4/27/12 Red Rock debt collection contract which has an unenforced indemnification clause that is favorable to the HOA.

In addition to refusing to provide HOA records of probative value to Tobin’s case, Sun City Anthem attorney/debt collector Adam Clarkson required Nona Tobin, as an elected, sitting member of the HOA Board to recuse herself from all SCA collection matters, past or present, instead of relying on NRS 116.31084 (Voting by member of executive board; disclosures; abstention from voting on certain matters.) See 6/5/17 recusal acknowledgement.

Because Tobin was a party to this quiet title litigation, Sun City Anthem attorney/debt collector Adam Clarkson deemed her elected Board seat vacant “by operation of law” and removed her from her elected Board seat without an NRS 116.31036 removal election.

See 8/24/17 Clarkson letter that accused Nona Tobin of profiting from her elected seat on the Board by being party to this quiet title litigation.

See 8/16/17 Complaint to the Nevada State Bar vs. Clarkson and 9/12/17 rejection letter.

See the 9/7/17 Complaint to NRED Ombudsman and 8/9/18 rejection letter.

See the published “Why can’t I be a candidate for the Board?” and “HOA collection practices cost us all more than you think” and “Fire the debt collector” and “Elder Abuse: Part II – SCA Agents” and “On the advice of counsel is no defense”.

SCA attorney/debt collector has ruled without legal authority (NRS  that Nona Tobin is ineligible to run for election or return to her elected Board seat as long as the quiet title litigation is in the appellate courts, even if Sun City Anthem is not a party. See Clarkson “notice(s) of ineligibility” dated 2/9/18, 2/12/19, 2/06/20, and 2/12/21. See also 11/9/20 Tobin email to the HOA Board to fill vacant Board seat with 2017-2020 timeline and links. See the published “No 2021 Board election

SCA attorneys Adam Clarkson and David Ochoa published quarterly litigation reports that falsely claimed that Nona Tobin had been removed from her elected Board seat “for cause”.

See also the published “Election committee was inhospitable, angry even. Nevertheless I persisted

SCA disclosed, and RRFS provided in response to Tobin’s subpoena, misleading and falsified documents to deceive the court into concluding that the sale had been fair and properly noticed and the proceeds properly handled, including but not limited to SCA 276, SCA 277, SCA 278, SCA 286, SCA 635, SCA 642 , SCA 643. SCA 277, SCA 628, RRFS 071-083 (SCA 250-262), RRFS 047-048 (SCA 223-224), RRFS 119 (SCA 302), RRFS 128 (SCA 315), RRFS 238-244, RRFS 218-219 (SCA 415-416), RRFS 298-299, RRFS 312-326 (SCA 513-530), RRFS 398-399; RRFS 402 (SCA 618), RRFS 409-423, RRFS 424-425, RRFS 123, RRFS 124,

CROSS-CLAIMS

Tobin’s AACC had three causes of action vs. cross-defendants Nationstar and Wells Fargo: 1) Racketeering; 2) Unjust enrichment and/or conversion; and 3) Fraud.

See “Nona Tobin’s cross-claim vs. Nationstar and Wells Fargo” See “Nationstar Mortgage’s Fraud” and “Black letter law: anti-foreclosure fraud

See “Cause of Action: RICO damages pursuant to NRS 207.470 Racketeering

Cross-defendant Nationstar’s fraudulent misrepresentations and presentation of false evidence to two district courts obstructed a fair adjudication of Tobin’s claims in prior proceedings and before the Nevada Supreme Court.

Cross-defendant Nationstar’s ex parte meeting with Judge Kishner on 4/23/19  damaged Nona Tobin and caused her pro se filings to be stricken unheard.

See Complaint to the Nevada Commission on Judicial Discipline

Cross-defendant Nationstar recorded false claims to steal Nona Tobin’s property.

Cross-defendant Nationstar is judicially estopped from claiming that it ever was the beneficiary of the Hansen deed of trust. See Complaint against Melanie Morgan

PRAYER

Nona Tobin’s AACC Prayer for relief is quoted here with links added to laws, regulations, documentary evidence or argument to support claims for relief and punitive damages.

See the published “Nona Tobin’s, Red Rock’s & Nationstar’s prayers for relief

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

Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct.

(Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).

COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:

  1. that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
  2. that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title; See “Nona Tobin’s declaration under penalty of perjury” and Whatever happened to “equal protection under the law“?
  3. that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005. (See 4/12/21 Tobin motion to distribute)
  4. that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due
  5. that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds; See “Red Rock foreclosure file is false, falsified and fraudulent
  6. that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known, that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association; See SCA bylaws 3.20/3.18 and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation
  7. that sanctions are appropriate vs. RRFS for its failure to distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3): (See 4/12/21 Tobin motion to distribute)
  8. that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected; See SCA bylaws 3.20/3.18
  9. Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 order granting its motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence,  defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions  6.1 (False statements, fraud, and misrepresentation). (See 4/7/21 request for judicial notice.)
  10. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  11. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  12. that sanctions are appropriate pursuant to NRCP 11 (b)(1)(2)(3)(4) and NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
  13. that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
  14. that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345; (See 1/17/17 Tobin DECL re notary fraud)
  15. 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 NRCP 11 (b)(1)(2)(3)(4);
  16. 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).
  17.  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;
  18. That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
  19.  That Nona Tobin is entitled to recoup damages, five years of rental income from Jimijack;
  20. 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 205.395NRS 205.377NRS 207.400 and that Nona Tobin is entitled to treble damages by their misconduct pursuant to NRS 207.470 and 480; See “All Declarations under penalty of perjury support Nona Tobin” and “Nationstar Mortgage’s fraud” and “Why Nationstar’s attorneys must be sanctioned and pay damages” and “Complaint against Melanie Morgan” and “1st complaint to the Nevada AG” and “2nd complaint to the Nevada Attorney General
  21. that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed, or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and See 4/7/21 request for judicial notice of relevant laws and “What is lis pendens?” and
  22. 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)

Tobin’s 3/8/21 AACC had 22 Exhibits

  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

LEGAL STANDARD AND ARGUMENT

Motion for summary judgment.

MSJ must be granted because counter and cross defendants didn’t file a responsive pleading.

The purpose of summary judgment is to identify and dispose of factually unsupported claims and defenses. See Celotex Corp. v. Catrett, 477 U.S. 317, 323–24106 S.Ct. 254891 L.Ed.2d 265 (1986). Summary judgment is therefore appropriate if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “A party asserting that a fact cannot be or is genuinely disputed must support the assertion,” and can do so in either of two ways: by “citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials”; or by “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed.R.Civ.P. 56(c)(1).

“A fact is ‘material’ when, under the governing substantive law, it could affect the outcome of the case. A ‘genuine issue’ of material fact arises if ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Thrifty Oil Co. v. Bank of Am. Nat’l Trust & Sav. Ass’n, 322 F.3d 1039, 1046 (9th Cir.2003) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248106 S.Ct. 250591 L.Ed.2d 202 (1986)). Conversely, where the evidence could not lead a rational trier of fact to find for the nonmoving party, no genuine issue exists for trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587106 S.Ct. 134889 L.Ed.2d 538 (1986) (citing First Nat’l Bank v. Cities Serv. Co., 391 U.S. 253, 28988 S.Ct. 157520 L.Ed.2d 569 (1968)).

The moving party has the burden of persuading the court as to the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548;Miller v. Glenn Miller Prods., 454 F.3d 975, 987 (9th Cir.2006). The moving party may do so with affirmative evidence or by “ ‘showing’—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.” Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Once the moving party satisfies its burden, the nonmoving party cannot simply rest on the pleadings or argue that any disagreement or “metaphysical doubt” about a material issue of fact precludes summary judgment. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548;Matsushita Elec., 475 U.S. at 586106 S.Ct. 1348;Cal. Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir.1987). The nonmoving party must instead set forth “significant probative evidence” in support of its position. T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 630 (9th Cir.1987) (quoting First Nat’l, 391 U.S. at 29088 S.Ct. 1575).Summary judgment will thus be granted against a party who fails to demonstrate facts sufficient to establish an element essential to his case when that party will ultimately bear the burden of proof at trial. See Celotex, 477 U.S. at 322, 106 S.Ct. 2548.

When evaluating a motion for summary judgment, the court must construe all evidence and reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. See T.W. Elec. Serv., 809 F.2d at 630–31. Accordingly, if “reasonable minds could differ as to the import of the evidence,” summary judgment will be denied. Anderson, 477 U.S. at 250–51106 S.Ct. 2505.

Turner v. Haw. First Inc., 903 F. Supp. 2d 1037, 1042-44 (D. Haw. 2012)

4/7/21 Request for Judicial Notice of the relevant laws, regulations & HOA governing documents

Tobin’s 4/7/21 RFJN has 10 exhibits

ARGUMENT

Defendants’ presentation of false evidence to the courts damaged Nona Tobin and caused her to lose

The falsification of accounts, the charging  of excessive, unauthorized fines, wrongly called “collection fees, the misappropriation of funds, and the related conspiracy are part of a pattern and practice of corrupt organizations.

Nona Tobin is entitled to damages that occurred to her as a direct result of racketeering and fraud on the part of counter-defendant Red Rock and cross-defendant Nationstar:

(“Like their federal counterparts, Nevada’s anti-racketeering statutes provide for a civil cause of action for injuries resulting from racketeering activities under which a plaintiff may recover treble damages, attorney’s fees and litigation costs.”)

Hale v. Burkhardt, 104 Nev. 632, 0 (Nev. 1988)

(“Pursuant to NRS 207.470 and NRS 207.400, a civil RICO cause of action may be based upon proof that the defendant engaged in at least two crimes related to racketeering that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents….

Demarigny v. McCormick (In re Receivership of Sw. Exch., Inc.), 381 P.3d 626 (Nev. 2012) 

NRS 207.390 (emphasis added). ”)

  • NRS 207.360 (30) defines “offering false evidence” as a crime related to racketeering.
  • A partial list of the Counter-Defendants’, Cross-defendants’ and third-party defendants’ Predicate Acts show a pattern of corrupt business practices under the definition of NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation;
  • Violations of  NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation are defined as racketeering under NRS 207.360 (35)

Nationstar LLC and/or Nationstar LLC dba Mr. Cooper recorded false claims

on 12/1/141/22/158/17/151/13/166/7/16,  3/8/19 rescind and 3/8/19 assign, and 6/3/19.

Red Rock Financial Services recorded false claims

on 12/14/123/12/134/3/134/8/13, and executed the foreclosure deed Thomas Lucas recorded on 8/22/14.

Joseph Hong’s clients recorded false claims

on 6/9/156/9/1512/1/155/1/195/23/195/28/197/24/1912/3/1912/27/19, and 12/27/19 and aided and abetted false claims to be recorded on 6/3/196/4/197/10/197/17/19,  12/27/192/6/202/6/20,  and 12/4/20.

Attorneys 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 1/11/164/12/16, DECL4/12/165/10/166/2/166/3/166/10/163/27/17 DECL , 3/27/1711/9/172/9/18, (Dana Johnson Nitz NV Bar #0050, Michael Kelly NV Bar #10101).

Akerman LLP (Melanie Morgan NV Bar #8215, Karen Whelan NV Bar #10466, Donna Wittig NV Bar #11015). 5/15/182/7/19, Thera Cooper NV Bar #13468, 2/12/192/12/19,  2/20/192/21/192/21/192/27/192/28/192/28/193/7/193/12/193/12/193/18/193/21/193/26/19 RTRAN, 4/12/194/15/19 (SAO signed 4/10/19), 4/19/19,  4/23/194/23/19 RTRAN4/25/19 RTRAN5/3/195/21/19 RTRAN5/29/19 RTRAN5/31/196/24/196/24/196/25/197/1/197/22/19.

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 DEED6/16/15, 6/8/16, 8/12/1510/16/158/30/169/29/16 RTRAN12/5/1612/20/16 RTRAN3/13/173/13/173/13/1712/5/18,  3/25/193/26/19 RTRAN, 4/15/194/22/194/23/19 minutes,  4/23/19 RTRAN4/23/19 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 RTRAN6/24/196/28/198/7/198/13/199/3/19 RTRAN, 9/3/19 video, 6/25/20, 7/1/20,  8/3/20 annotated,, 8/11/20 video, 8/11/20 RTRAN, 10/8/2010/8/20 annotated10/16/20 OST10/16/20 NEO, 10/29/20 RTRAN, 10/29/20 video, 11/3/20 video, 11/3/20 RTRAN.

Suppression of Nona Tobin’s evidence and misrepresentation of her standing by defendants prevented a fair adjudication of her claims.

Excerpt from Bar complaint vs. Brittany Wood

1.              Over the last five years of litigation I was forced into…I have been attempting regain title to a house that was wrongly foreclosed and secretly sold in 2014 by Red Rock Financial Services.

This complaint, and the multiple other new and pending complaints to the discipline panel, I have and will be filing, stem from my personal horrifying litigation experience.

I, Nona Tobin,  am filing this complaint to the Nevada State Bar Ethics & Discipline Panel as the President of the newly-formed Fight Foreclosure Fraud, Inc. I make all statements herein based on my personal knowledge under penalty of perjury under the laws of the State of Nevada. I am filing this complaint without representation, but I am seeking counsel to represent me, and Fight Foreclosure Fraud, Inc., on complaints to the Nevada State Bar, the Nevada Attorney General, the Nevada Mortgage Lending Division, the American Bar Association Ethics & Discipline Panel, the Nevada Real Estate Division Commission for Common-Interest Communities.

VIDEO 1:20-minute VIDEO How did Nona Tobin lose the $500,000 house she inherited from Bruce Hansen?

4:52-minute VIDEO “How lenders cheat owners out of their houses

Over the last five years, no judge has looked at any evidence.

Over the last five years, every opposing counsel lied to the court presented false evidence, concealed and misrepresented material facts, and obstructed a fair adjudication of my claims on their merits. 

Actual damages to me personally

The consequences of this successful fraud were perpetrated primarily by attorneys:

  1. the title to a $500,000 house was taken from me by a fraudulently conducted-unnoticed foreclosure sale,
  2. Nationstar stole from me the $389,000 outstanding Western Thrift & Loan debt of deceased borrower Gordon Hansen that I did not owe and was not owed to Nationstar.
  3. Joel and Sandra Stokes kept $100,000+ in rental profits that belong to me,
  4. Red Rock attorneys Koch & Scow retained $60,000 that they refused to distribute to me in 2014 and has now accrued plus six years of interest and costs to pursue my claim against massive obstruction
  5. I have been forced to expend tens of thousands of dollars on litigation costs and thousands of hours of personal time to attempt to recover what was stolen from me.
The HOA sale was invalid to remove Tobin’s rights to title as it was non-compliant with foreclosure statutes, did not comply with the HOA governing documents, did not provide mandated due process, and involved fraud.
Defendants withheld, concealed, misrepresented and/or falsified records to conceal the fraud.

The PUD Rider Remedies (F)

  • Nationstar disclosed the disputed Hansen deed of trust as NSM 145-161. NSM 159-161 is the PUD Rider which includes the Remedies section (F) on NSM 160.
  • Nationstar has gone to extraordinary lengths to prevent the adjudication of my claim that the PUD Rider gives lenders only the option to add any delinquent HOA fees they pay on behalf of the borrower to the outstanding balance with interest and does not allow the lender’s payment to become a de facto foreclosure without complying with the foreclosure requirements of NRS Chapter 107.  
  • Neither Bank of America nor Nationstar ever recorded a notice of default on the Hansen deed of trust and instead chose to duplicitously tender the super-priority portion of the HOA’s lien while obstructing the HOA assessments from being paid out of the escrow of fair market, arms-length sales.
  • See 5/20/19 Doug Proudfit Declaration.
  1. This is a rejection of a second super-priority tender that would have voided the sale, but Nationstar concealed it and falsely claimed, without evidence, that the sale was valid to extinguish Tobin’s rights but not to extinguish Nationstar’s baseless claims.
  2. Because both Red Rock and Nationstar concealed Red Rock’s covert rejection of Nationstar negotiator Veronica Duran’s offer, Nationstar’s 2/12/19 joinder, based on false evidence and misrepresentation of the facts and the law, succeeded.
  3. See also Nationstar’s 3/21/19 MSJ vs. Jimijack where the misrepresentations are repeated despite the fact that on 3/8/19 Nationstar rescinded its recorded claim to be Bank of America’s successor in interest.
  4. RRFS did not inform the SCA Board of the NSN 5/28/14 offer of $1100, one year of assessments, to close escrow on the 5/8/14 $367,500 sale to high bidder MZK. This is a rejection of a second super-priority tender that would have voided the sale that Nationstar also concealed
  5. Because both Red Rock and Nationstar concealed Red Rock’s covert rejection of Nationstar negotiator Veronica Duran’s offer, Nationstar’s 2/12/19 joinder, based on false evidence and misrepresentation of the facts and the law, succeeded.

CONCLUSION

Red Rock Financial Services secretly sold 2763 White Sage for $63,100 three months after Nona Tobin had sold it on auction.com for $367,500. Red Rock kept $60,398.96 without any legal authority for over six years while actively obstructing Nona Tobin’s ability to claim it.

Defendants egregious conduct in this case is indicative of a pattern and practice of corrupt business practices of debt collectors, attorneys, and banks that have damaged many, many homeowners and Homeowners Associations in Nevada and other states in the nation. See “We can learn a lot from this Spanish Trail HOA case

 Red Rock’s deceit was aided and abetted by multiple parties, including cross-defendants Nationstar and Wells Fargo, as well as multiple attorneys who are named in her not-yet-served 3/22/21 third-party complaint against attorneys who failed in their duties under the Nevada Rules of Professional Conduct.

See 4/7/21 RFJN laws and regulations exhibit 6

SANCTIONS & DAMAGES


Nevada Rules of Professional Conduct
 (as amended through 10/19/19)

Nevada Rules of Professional Conduct excerpts related to the instant action

ABA Standards for Imposing Lawyer Sanctions (as amended 1992)

ABA Standards for Imposing Lawyer Sanctions – excerpts

Defendant Nona Tobin respectfully moves the court to grant her motion for summary judgment against Red Rock Financial Services, Nationstar Mortgage LLC and Wells Fargo,

Tobin prays for the relief punitive damages and sanctions requested and for any and all further relief as the court deems appropriate.

Nona Tobin’s, Red Rock’s & Nationstar’s prayers for relief

Red Rock’s prayer for relief

Nationstar’s prayer for relief

Nona Tobin’s 3/8/21 prayer for relief vs. Red Rock & Nationstar

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

Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct. (Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).

COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:

  1. that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures ) and “Due process is required before a person’s property can be confiscated
  2. that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title; See “Nona Tobin’s declaration under penalty of perjury” and Whatever happened to “equal protection under the law“?
  3. that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005. (See 4/12/21 Tobin motion to distribute)
  4. that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due
  5. that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds; See “Red Rock foreclosure file is false, falsified and fraudulent
  6. that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known, that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association; See SCA bylaws 3.20/3.18 and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation
  7. that sanctions are appropriate vs. RRFS for its failure to distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3): (See 4/12/21 Tobin motion to distribute)
  8. that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected; See SCA bylaws 3.20/3.18
  9. Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 order granting its motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence,  defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions  6.1 (False statements, fraud, and misrepresentation). (See 4/7/21 request for judicial notice.)
  10. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  11. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  12. that sanctions are appropriate pursuant to NRCP 11 (b)(1)(2)(3)(4) and NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
  13. that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
  14. that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345; (See 1/17/17 Tobin DECL re notary fraud)
  15. 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 NRCP 11 (b)(1)(2)(3)(4);
  16. 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).
  17.  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;
  18. That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
  19.  That Nona Tobin is entitled to recoup damages, five years of rental income from Jimijack;
  20. 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; See “All Declarations under penalty of perjury support Nona Tobin” and “Nationstar Mortgage’s fraud” and “Why Nationstar’s attorneys must be sanctioned and pay damages” and “Complaint against Melanie Morgan” and “1st complaint to the Nevada AG” and “2nd complaint to the Nevada Attorney General
  21. that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed, or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and See 4/7/21 request for judicial notice of relevant laws and “What is lis pendens?” and
  22. that attorneys pay Tobin’s attorney fees and costs as a sanction pursuant to NRCP 11(b)(1)(3) and/or NRS 18.010(2)

Nona Tobin’s 3/22/21 prayer for relief in her unserved third-party complaint against the attorneys

Counter-claimant & cross-claimant Nona Tobin’s prayer for relief vs. Red Rock & the banks

On 3/8/21, Nona Tobin filed an answer, affirmative defenses and counter-claims vs. Red Rock, and cross-claims against Nationstar and Wells Fargo.

Link to NONA TOBIN’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, CROSS-CLAIMS VS. NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A., AND MOTION FOR SANCTIONS VS. RED ROCK FINANCIAL SERVICES AND NATIONSTAR MORTGAGE LLC, AND/OR NATIONSTAR MORTGAGE DBA MR. COOPER PURSUANT TO NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), NRS 42.005

It is long and complex, and so it is published here in segments.

Counter-claimant and cross-claimant Nona Tobin’s 3/8/21 Prayer for sanctions, damages & declaratory relief vs. Red Rock

COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN repeats, realleges, and incorporates herein by this reference the allegations hereinabove inclusively as though set forth at length and in full herein. 

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

Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct. (Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).

COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:

  1. that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures ) and “Due process is required before a person’s property can be confiscated
  2. that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title; See “Nona Tobin’s declaration under penalty of perjury” and Whatever happened to “equal protection under the law“?
  3. that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005. (See 4/12/21 Tobin motion to distribute)
  4. that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due
  5. that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds; See “Red Rock foreclosure file is false, falsified and fraudulent
  6. that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known, that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association; See SCA bylaws 3.20/3.18 and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation
  7. that sanctions are appropriate vs. RRFS for its failure to distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3): (See 4/12/21 Tobin motion to distribute)
  8. that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected; See SCA bylaws 3.20/3.18
  9. Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 order granting its motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence,  defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions  6.1 (False statements, fraud, and misrepresentation). (See 4/7/21 request for judicial notice.)
  10. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  11. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  12. that sanctions are appropriate pursuant to NRCP 11 (b)(1)(2)(3)(4) and NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
  13. that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
  14. that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345; (See 1/17/17 Tobin DECL re notary fraud)
  15. 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 NRCP 11 (b)(1)(2)(3)(4);
  16. 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).
  17.  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;
  18. That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
  19.  That Nona Tobin is entitled to recoup damages, five years of rental income from Jimijack;
  20. 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; See “All Declarations under penalty of perjury support Nona Tobin” and “Nationstar Mortgage’s fraud” and “Why Nationstar’s attorneys must be sanctioned and pay damages” and “Complaint against Melanie Morgan” and “1st complaint to the Nevada AG” and “2nd complaint to the Nevada Attorney General
  21. that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed, or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and See 4/7/21 request for judicial notice of relevant laws and “What is lis pendens?” and
  22. 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)

Link to Cross-claim vs. the banks

Nona Tobin’s claims against Red Rock Financial Services

On 3/8/21, Nona Tobin filed an answer, affirmative defenses and counter-claims vs. Red Rock, and cross-claims against nationstar and wells Fargo.

Link to NONA TOBIN’S ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, CROSS-CLAIMS VS. NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A., AND MOTION FOR SANCTIONS VS. RED ROCK FINANCIAL SERVICES AND NATIONSTAR MORTGAGE LLC, AND/OR NATIONSTAR MORTGAGE DBA MR. COOPER PURSUANT TO NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), NRS 42.005

It is long and complex, and so it is published here in segments.

This blog is the counter-claim vs. Red Rock which has five causes of action: 1) distribution of the proceeds to Tobin plus interest & penalties (Interpleader); 2) unjust enrichment/conversion; 3) Fraud; 4) Alter ego -piercing the corporate veil; 5) Racketeering.

Counterclaim vs. Red Rock Financial Services

PARTIES

See Exhibit 22 for 1/31/17 cross-claim vs. HOA parties pg 2-3, 5th cause of action unjust enrichment (pgs 18-19), statement of facts (pgs 5-9)

  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.
JURISDICTION, VENUE
  • The real property which is the subject of this civil action is a residence commonly known as the 2763 White Sage Drive, Henderson, NV 89052, APN 191-13-811-052, (hereinafter “Property”).
  • This action is within the jurisdictional limits of this Court and this venue is appropriate because the real property is located within the jurisdiction of this Court.
  • The Court has the authority under NRS 30.030 to declare rights, status and other legal relations of the respective parties in this NRS 40.010 quiet title dispute.
  • NRS 30.130 limits the Court’s authority to ensure that the rights of parties who are not present from being prejudiced by court actions in their absence.
  • The Court’s jurisdiction in cases involving the interpretation, application or enforcement of any covenants, conditions or restrictions (CC&Rs) applicable to residential property or any bylaws, rules or regulations adopted by an association (HOA) to parties who have submitted their claims to mediation in the manner proscribed in NRS Chapter 38.
  • NRS 38.310(2) limits the Court’s jurisdiction to adjudicate claims that have been
  • The Court’s jurisdiction in this case requires an interpretation of NRS 116.31164(3) (2013) which mandated the ministerial duties Red Rock Financial Services (Herein “RRFS”) was required to perform promptly after it conducted the disputed 2014 HOA foreclosure sale.
  • This Court’s jurisdiction includes the authority to impose sanctions on Red Rock Financial Services for its failure to comply, and to ensure that the HOA Board complied, with with ALL the statutory mandates for conducting a valid HOA foreclosure sale, included in NRS 116.3116-NRS 116.31168 (2013), NRS 116A.640 (8), (9), (10), NRS 116.31083, NRS 116.31085, NRS 116.31031, NRS 116.1113, NRS 116.31065, NRS 116.3102, NRS 116.31087, NRS 116.31175, NRS 116.31183, NRS 116.31184, NRS 116.4117
  • This Court’s jurisdiction includes the authority to impose sanctions on Red Rock Financial Services for its failure to provide, and its failure to ensure that the Sun City Anthem (Herein “SCA”) Board provided ALL the owner protections, notice and due process mandated by the HOA governing documents, SCA Board 2013 Delinquent Assessment Policy (SCA 168-175). SCA Board Resolution 1/17/11 Policy and Procedure for enforcement of the governing documents (due process before imposing sanctions for alleged violations), SCA bylaws 3.21(f)(v) (owner access to quarterly delinquency reports) , SCA bylaws 3.15 (open Board meetings), SCA bylaws 3.15A (closed Board meetings permissible topics), SCA bylaws 3.18/3.20 (delegation by SCA board prohibited), SCA bylaws 3.26, SCA bylaws 6.4 (owner access to records), CC&Rs 7.4 (enforcement (due process before imposing sanctions),
  • This Court’s jurisdiction includes the authority to determine the standing of the defendants named by Red Rock to assert a claim for the excess proceeds from the HOA sale.
  • The court has jurisdiction to impose sanctions against parties who have recorded false claims to title as defined by NRS 205.395 and to consider the severity of the sanctions in terms of other statutes applicable to, and commensurate with, the frequency and seriousness Nationstar’s corrupt business practices, under the auspices of NRS 205.377, NRS 207.360 (9)(10)(30)(35), NRS 207.400 NRS 207.470 (1)and (4), and NRS 207.480.
  • See Exhibit 20 – Relevant statutes and regulations.
See also Nona Tobin’s Request for Judicial Notice of the relevant laws filed 4/7/21.
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.
  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.
  3.  The Default was cured three times, but RRFS kept pursuing the predatory path to unwarranted, unjustly profitable foreclosure. See Exhibit 3.
  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.
  5. Required notices were not provided, but RRFS falsified records to cover it up. See Exhibit 5.
  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.
  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.
  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.  
  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 material facts and law at hearings. See Exhibit 9.
  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.
  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.
  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.
  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.
  14. Attorneys have knowingly presented false evidence into the court record in discovery. See Exhibit 14.
  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.
First cause of Action: Interpleader NRCP 22

For a declaratory judgment that RRFS must distribute the retained funds to Nona Tobin with interest as there are no parties with higher priority and all the liens of named defendants have been released.

See Nona Tobin’s 4/12/21 motion for distribution of the proceeds
Second Cause of Action: (Unjust Enrichment) or (Conversion)

Plaintiff/counter-defendant RRFS has been unjustly enriched:

  • by adding unauthorized fees,
  • by applying assessment payments to fees first,
  • by suppressing bidding through selective notice to only speculators,
  • by unlawfully exerting proprietary control of funds belonging to Nona Tobin, Sun City Anthem and others,
  • by keeping two sets of books,
  • by presenting false evidence to the court,
  • by conspiring with lenders and aiding and abetting them to assert ownership of deeds of trust they do not own.
In Nevada, the elements for a claim of conversion are:
  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).

All of the elements of conversion are met and established by the evidence in the exhibits.

Third Cause of Action: Fraud
  1. Defendant RRFS made multiple false representations or misrepresentations as to a past or existing fact; See Exhibits. There are examples in almost all of them.
  2. With knowledge or belief by defendant that representation is false or that defendant lacks sufficient basis of information to make the representation;
  3. Defendant intended to induce plaintiff to act in reliance on the representation;
  4. Justifiable reliance upon the representation by the plaintiff;
  5. Causation and damages to plaintiff as a result of relying on the misrepresentation; and
  6. Clear and convincing evidence exists and is pleaded with specific evidence in the exhibits filed herein.
Exhibits
  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

NRCP 9; NEVADA JURY INSTRUCTIONS 9.01; Jordan v. State ex rel. Dep’t of Motor Vehicles & Pub. Safety, 121 Nev. 44, 75, 110 P.3d 30, 51 (2005); J.A. Jones Constr. Co. v. Lehrer McGovern Bovis, Inc., 120 Nev. 277, 89 P.3d 1009 (2004); Barmettler v. Reno Air, Inc., 14 Nev. 441, 956 P.2d 1382 (1998); Blanchard v. Blanchard, 108 Nev. 908 (1992);  Bulbman, Inc. v. Nev. Bell, 108 Nev. 105, 111, 825 P.2d 588, 592 (1992); Albert H. Wohlers & Co. v. Bartgis, 114 Nev. 1249, 1260, 969 P.2d 949, 957 (1998);  Sanguinetti v. Strecker, 94 Nev. 200, 206, 577 P.2d 404, 408 (1978); Lubbe v. Barba, 91 Nev. 596, 541 P.2d 115 (1975).

Fourth Cause of Action: Alter Ego Piercing the Corporate Veil

On 1/31/17, Nona Tobin filed a cross – claim versus Sun City Anthem and identified “HOA Agents” as the true perpetrators of the wrongdoing. See Exhibit 21 for the description of why these agents were not named as parties.

See Exhibit 22 Excerpts of 1/31/17 cross-claim vs. HOA and its agents for the 1/31/17 claim for the excess proceeds.

1/31/17 Nona Tobin’s cross-claim vs Sun City Anthem, pages 18-19, 5th cause of action :unjust enrichment

RRFS and SCA withheld and concealed all contracts and all identification of the parties in a manner that completely obscured the money trail.

The Nevada Supreme Court has held that, though generally “[t]he corporate cloak is not lightly thrown aside,” nevertheless there are some situations in which blind “adherence to the fiction of a separate entity [of the corporation] [would] sanction a fraud or promote injustice.” Baer v. Amos J. Walker, Inc., 85 Nev. 219, 220, 452 P.2d 916, 916 (1969). The court has therefore carved out an exception to the general rule of faithfully respecting the corporate form and corporate independence, i.e., the so-called “alter ego” exception, by which the corporate veil can be pierced.  Id.  The Supreme Court of Nevada, in the matter of McCleary Cattle Co. v. Sewell, adopted a three prong test for ignoring the separate existence of a corporation in determining “alter ego liability.” McCleary, 73 Nev. 279 at 282, 317 P.2d 957 (1957). This test has since been codified in by Nevada Statute, NRS 78.747:

Jay Young, Nevada Law Blog
FIFTH CAUSE OF ACTION vs. RRFS (Racketeering)
  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 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 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.

AFFIRMATIVE DEFENSES

On 2/16/21, Red Rock Financial Services served a notice on Nona Tobin that Red Rock was suing her over the money Red Rock stole from her over six years ago.

Why is Nona being sued? What relief could Nona give Red Rock?

Short answer. Nothing.

Red Rock sued Nona to obstruct a fair adjudication of her claims and to cover up its criminal conduct by suppressing evidence.

Nona still had to do a lot of work to deal with it.

The significance of Red Rock’s abusive, predatory debt collector’s corrupt business practices is that virtually none of its victims have the resources to fight back.

Poor people just lose by default because they don’t know what to do, and they don’t have anyone to help them.

Nona is fighting back.

These 19 affirmative defenses published here are one section of what Nona filed on 3/8/21 to get the money that Red Rock stole and to get penalties and damages.

Red Rock ignored the statute governing the distribution of the proceeds of the HOA sale in 2014 & also refused requests to distribute in 2014 & 2016 and in civil actions in 2017, 2019, & 2020.

3/8/21 Nona filed an answer, affirmative defenses, and a counterclaim against Red Rock

Nona’s 19 affirmative defenses say why Red Rock is not entitled to any requested relief
First Affirmative Defense: (Failure to State a Claim)

Plaintiff RRFS’s Complaint fails to state a claim against Nona Tobin upon which relief can be granted. Plaintiff’s Complaint fails to say what possible relief Nona Tobin could provide RRFS for its failure to distribute the proceeds of the 8/15/14 sale in the manner proscribed by the statute.

Second Affirmative Defense: (Estoppel)

Each and every one of the Plaintiff’s alleged rights, claims, and obligations which it seeks to enforce against Defendant is, by Plaintiff’s conduct, agreement, or otherwise, barred by the doctrine of estoppel.

Third Affirmative Defense: (Fraud)

Plaintiff RRFS’s claims, and Nationstar’s claims, and each of them, are barred due to fraud.

Fourth AFFIRMATIVE DEFENSE: (Illegality)

Plaintiff’s claim is barred as a result of its prior wrongful conduct. The HOA sale at issue is void, as it involved agreements to commit illegal acts.

Fifth Affirmative Defense: (Waiver)

Each and all of Plaintiff’s rights, claims, and obligations as set forth in the Plaintiff’s Complaint, has, or have, by conduct, agreement or otherwise been waived.

Sixth Affirmative Defense: (Failure to join the HOA as an alleged necessary party per to NRCP (b)(6))

Plaintiff alleged in its 6/23/20 motion to dismiss into A-19-799890-C that Nona Tobin’s failure to join the HOA as a necessary party under NRCP 19 to protect its interest in the proceeds was grounds pursuant to NRCP 12(b)(6) to dismiss her unjust enrichment claim against RRFS for failure to distribute the proceeds from the 8/15/14 sale.

In its 2/15/21 complaint for interpleader, RRFS falsely stated on page 3

10. In connection with the foreclosure sale, the Association was paid the money it was owed, and RRFS was paid its fees and costs incurred in collecting the debt as allowed by contract and Nevada law.

2/16/21 Red Rock interpleader complaint, page 3, paragraph 10
Seventh AFFIRMATIVE DEFENSE:(General and Equitable Defenses Applicable to All Claims)
  • Plaintiff has suffered no damages and, therefore, is not entitled to relief.
  • Plaintiff has suffered no harm as a result of Defendant NONA TOBIN’s conduct.
  • Any damages suffered by Plaintiff were not the direct or proximate result of Defendant NONA TOBIN’s actions. If Plaintiff sustained any injuries, economic or otherwise, its injuries were proximately caused by Plaintiff’s failure to mitigate damages and/or to take corrective action.  Accordingly, any and all recovery is barred or should be limited to the extent or degree of Plaintiff’s failure to mitigate damages.
  • Plaintiff RRFS’s claims are barred by the doctrine of unclean hands and Plaintiff RRFS’s failure to do equity.
  • Plaintiff RRFS’s claims, if valid, are offset by the claims which Defendant has against Plaintiff. Defendant is not jointly or severally liable for any of the damages alleged in the claims.
  • At all times, Defendant NONA TOBIN acted in a legally permissible way.
Eighth Affirmative Defense: (Priority)

Red Rock and its attorneys know there are no recorded liens with priority over Nona Tobin’s claim as an individual with a deed recorded on 3/28/17 the sole beneficiary and successor in interest to the Gordon B. Hansen Trust, dated 8/22/08.

Ninth Affirmative Defense: (False claims to title)
  1. RRFS recorded defective and unauthorized claims against title on 12/14/12, 3/12/13, 4/3/13, 4/8/13, and caused a foreclosure deed to be recorded that contained false recitals so Defendant’s right of redemption was not lost.
  2. RRFS knows that Nationstar has recorded multiple unauthorized, false, and conflicting claims regarding the Hansen deed of trust and is judicially estopped from claiming a portion of the proceeds.
  3. Exhibit 1 is the Clark County 2003-2021 property record for the subject property, APN 191-13-811-052,  with false claims identified.
Tenth Affirmative Defense: (Violation of Covenant of Good Faith – NRS 116.1113)

Plaintiff did not conduct a fair, valid sale; did not participate in mediation in good faith; falsified records to create the deception that mandatory notices had been sent, misappropriated the HOA’s money; filed the NRCP 22 interpleader complaint and the 6/23/20 motion to dismiss into A-19-799890-C in bad faith for the improper purpose of preventing judicial scrutiny of the evidence. See Exhibits 2, 3, 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, 17.

Eleventh Affirmative Defense: (Equitable Doctrines)

Plaintiffs’ claims are barred by the equitable doctrines of laches, unclean hands, and failure to do equity by obstructing judicial scrutiny of the evidence to evade detection of the criminal conspiracy, racketeering, bid suppression, and other fraudulent conduct of the co-conspirators; provided falsified evidence in response to subpoena; withheld and misrepresented materials facts; conspired with others to commit a fraud on the court.

Twelfth Affirmative Defense: (Acceptance)

Any acceptance of any portion of the excess proceeds does not “satisfy” the amount due and owing to  Defendant NONA TOBIN as the result of the unfair and fraudulent foreclosure sale conducted by RRFS, and acceptance would not constitute a waiver of her rights under Nevada law or Sun City Anthem’s governing documents.

Thirteenth Affirmative Defense: Waiver and Estoppel

By reason of Plaintiff RRFS’s acts and omissions, Plaintiff RRFS has waived its rights and is estopped from asserting any claims against NONA TOBIN, either as an individual or as the trustee of the Hansen Trust.

By reason of Plaintiff RRFS’s acts and omissions, and conspiracy with Nationstar, RRFS is judicially estopped from claiming that Nationstar has any rights to the proceeds, as it was never was the Hansen promissory noteholder or the beneficiary or the trustee with power of sale

 By virtue of its false evidence entered into the court record in response to subpoena, Plaintiff RRFS has waived its rights and is estopped from asserting that the HOA sale was valid to extinguish NONA TOBIN’s rights, privileges and title.

Fourteenth Affirmative Defense: Fraudulent Misrepresentation and Fraudulent Concealment

Plaintiff RRFS concealed that it had covertly, unilaterally rejected two super-priority tenders, either one of which RRFS knows, voided the sale in its entirety.

RRFS 047, 8/28/14 memo to Steven Scow, and RRFS 048, 8/21/14 $57,282.32 check made out to Clark County District Court, were not interpleaded in 2014, were retained in the wrong trust fund, violated RRFS’s fiduciary duty as Sun City Anthem’s agent, and were deceptive disclosures, following the same corrupt modus operandi as Koch & Scow have employed with multiple other undistributed proceeds.

Fifteenth Affirmative Defense: (Failure to Mitigate Damages)

Plaintiffs’ claims are barred in whole or in part because of the Plaintiffs’ failure to take reasonable steps to mitigate damages.

Sixteenth Affirmative Defense: Unconstitutional

The HOA sale is void as noncompliant with the Property Clause of the United States Constitution.

Defendant NONA TOBIN cannot be deprived of her property interest in violation of the Procedural Due Process Clauses of the 5th and 14th Amendments of the United States Constitution and Article 1, Sec. 8, of the Nevada Constitution.

Seventeenth Affirmative Defense: (Statutory Violations)

The HOA sale is void or otherwise does not operate to extinguish the title rights of Nona Tobin, an individual, as the successor in interest to the Hansen Trust or of the Gordon B. Hansen Trust, dated 8/2/08, property owner at the time of the defective HOA sale as the due process and notices required pursuant to NRS 116.31031 and/or NRS 116.31162 – NRS 116.31164 were provided to Nona Tobin prior to or subsequent to the sale and non-compliance with applicable Nevada statutes, inter alia, NRS 116.3102, NRS 116.31083, NRS 116.31085, NRS 38.310, NRS 116.31162 -NRS 116.31168 (2013), NRS 116.1112, NRS 116.31031, NRS 116.31087, NRS 116.31175, NRS 116.31185, NRS 116.31187, NRS 116.4117

Eighteenth Affirmative Defense: (Rejections of two super-priority payments)

RRFS and Nationstar concealed that RRFS covertly rejected Nationstar negotiator Veronica Duran’s 5/28/14 offer to pay the HOA $1100 three months over the super-priority portion of the HOA lien to close the 5/8/14 www.auction.com $367,500 sale to MZK Properties to the HOA and/or its agents and therefore discharged the super-priority portion of the HOA’s lien, so that title by foreclosure passed to the buyer subject to the deed of trust.

Nineteenth Affirmative Defense:(Violations of HOA CC&Rs Owner Protections)

The HOA sale is void as noncompliant with the CC&Rs 7.4 Clause that defines the due process required before a sanction can be imposed against a homeowner for an alleged violation of the governing documents.

Litigation was only required because SCA’s manager, RRFS, and the HOA’s insurance carrier’s attorneys obstructed Nona Tobin’s access to the HOA CC&Rs XVI Limitations on Litigation provision. SeeWhy Alternate Dispute Resolution?”

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

Links to PDFs of case file

  1. 2/16/21 summons Tobin served Red Rock interpleader complaint
  2. 2/17/21 AOS affidavit of service
  3. 3/8/21 Tobin AACC vs. Red Rock, Nationstar and Wells Fargo
  4. 3/15/21 RFJN request judicial notice of property record identifying recorded false claims to title
  5. 3/22/21 TPC third party complaint (not yet served) vs. attorneys for abuse of process, racketeering, fraud, civil conspiracy and prayer for declaratory relief, restitution, punitive damages, and sanctions
  6. 4/4/21 RFJN unadjudicated claims by Tobin and Nationstar
  7. 4/7/21 RFJN relevant laws and regs
  8. 4/9/21 RFJN false evidence in the court record
  9. 4/9/21 ANSC Nationstar’s answer to Red Rock’s interpleader
  10. 4/12/21 Tobin MTD Motion to distribute (returned)
  11. 4/14/21 CNND CLERK’s notice that 4/12 MTD returned as failed to request a hearing
  12. 4/15/21 MSJ Tobin Motion for summary judgment
  13. 4/15/21 CONFILE Tobin 4/12/21 motion to distribute corrected re-filed
  14. 4/16/21 CNNDCA clerks’ notice of curative action to nonconforming document  
  15. 4/16/21 MDSM Red Rock motion to dismiss Tobin’s 3/8/21 AACC per NRCP 12(5), claims preclusion, failure to state a claim, failure to plead fraud and racketeering with particularity
  16. 4/16/21 CNOH CLERK’s notice of hearing Tobin motion for an order to distribute on 5/18/21
  17. 4/16/21 CNOH CLERK’s notice of hearing Tobin MSJ
  18. 4/16/21 CNOH CLERK’s notice of hearing Red Rock motion to dismiss

Back story of this David vs. Goliath fight

How did Nona Tobin lose the $500,000 house she inherited from Bruce Hansen? ”
How did Nona Tobin lose the $500,000 house she inherited from Bruce Hansen? was first published on 10/9/20 when Nona started trying (unsuccessfully) to use technology to level the playing field by naming and shaming.

“What happened after Sun City Anthem refused Nona’s 2017 offer to settle?”

“What happened after Sun City Anthem refused Nona’s 2017 offer to settle?” was published on 11/9/20 after Nona was subjected to four years of unwarranted, financially draining, and emotionally taxing litigation.

“The house that took over a life”

“The house that took over a life” was first published on SCAStrong.com on 1/14/18. Things have gotten considerably worse after three more years of grueling litigation.

Case Detail A-21-828840-C as of 4/10/21

Register of Actions as of 4/10/21 includes Red Rock’s complaint served on five defendants on 2/16/21; Nona Tobin’s 3/8/21 answer and counterclaim and crossclaim; four Tobin requests for judicial notice. On 4/9/21 Melanie Morgan filed an untimely answer for both Nationstar and Wells Fargo, but filed no counter-claims against Red Rock. Morgan did not answer Nona Tobin’s 3/8/21 cross-claim against her clients.
The instant case: Red Rock Financial Services filed an unwarranted interpleader complaint after unlawfully retaining the proceeds of the disputed HOA sale for over six years.
Red Rock did not face any liability, let alone liability for an amount that exceeded the proceeds unlawfully retained. Red Rock filed this complaint for the improper purpose of obstructing justice, i.e., trying to moot appeal case 82294 and to cover up the unlawful failure to distribute the proceeds of the sale in 2014 as mandated by statute. Five defendants were named when only one, Nona Tobin as an individual, has a current recorded claim for the undistributed proceeds.
2013 Nevada law governing the distribution of proceeds after an HOA foreclosure sale was NRS 116.31164(3)
NRS-116.31164-3-2013. Red Rock and/or Steven Scow unlawfully retained the proceeds for over six years from this and many other foreclosures. There is nothing in Nevada law that allows Red Rock to collect attorney fees or costs for filing interpleader. There are also provisions in the HOA bylaws that prohibit any funds collected on behalf of Sun City Anthem from being under the proprietary control of anyone other than the HOA Board of Directors. Steven Scow’s retention of proceeds after being instructed by Red Rock in 2014 to interplead them should be investigated as possible attorney trust fund violations.
Red Rock asked Steven Scow to interplead the proceeds in 2014
Steven Scow for Red Rock’s interpleader prayer for relief
Red Rock’s interpleader prayer for relief is duplicitous as Red Rock conducted a fraudulent sale, and with no legal authority, Steven Scow and/or Red Rock kept virtually all the money for years.
2/3/21 Red Rock’s Complaint has 1 cause of action: interpleader
2/16/21 Red Rock Complaint was served on 5 defendants
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.

Nona Tobin’s answer, affirmative defenses, counter-claims and cross-claims

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

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.

Counter-claimant and cross-claimant Nona Tobin’s Prayer for relief

COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN repeats, realleges, and incorporates herein by this reference the allegations hereinabove inclusively as though set forth at length and in full herein. 

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

Pursuant to Nevada law, COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN’s may recover her attorney fees as special damages because she was required to file this suit as a result of COUNTER-DEFENDANT RRFS AND CROSS-DEFENDANT NATIONSTAR’ intentional conduct. (Sandy Valley Assocs. v. Sky Ranch Estates Owners Ass’n, 117 Nev. 948, 958, 35 P.3d 964, 970 (2001), citing American Fed. Musicians v. Reno’s Riverside, 86 Nev. 695, 475 P.2d 220 (1970).

COUNTER-CLAIMANT AND CROSS CLAIMANT NONA TOBIN petitions the Court to declare:

  1. that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
  2. that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title;
  3. 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.
  4. that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales;
  5. that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds;
  6. 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;
  7. that sanctions are appropriate vs. RRFS for its failure distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3):
  8. 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; 
  9. 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).
  10. 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;
  11. 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;
  12. 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;
  13. that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
  14. that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345;
  15. 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 ;
  16. 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).
  17.  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;
  18. That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
  19.  That Nona Tobin is entitled to is entitled to recoup damages, five years of rental income from Jimijack;
  20. 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;
  21. 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
  22. that attorneys pay Tobin’s attorney fees and costs as a sanction pursuant to NRCP 11(b)(1)(3) and/or NRS 18.010(2)

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

  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, and they have not yet waived service.

3/22/19 Nona Tobin’s third-party complaint
Four causes of action and claims for relief, damages and sanctions were filed against attorneys as individuals rather than against their clients. The causes of action were 1) abuse of process; 2) Fraud; 3) Civil Conspiracy; 4) Racketeering.

Nona Tobin’s 3rd party complaint prayer for relief

  1. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants engaged in abuse of the HOA quiet title civil litigation process to steal Nona Tobin’s property;
  2. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants acted alone and/or in concerted action and/or in civil conspiracy to misrepresent material facts to the court in order to defraud the court and to steal Nona Tobin’s property;
  3. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants knew, or had reasonable cause to know that their actions violated many Nevada laws and that their actions would cause damage to innocent persons;
  4. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants concealed the unethical and/or criminal actions of co-conspirators and others;
  5. that the disputed HOA sale did not extinguish the GBH Trust’s nor its successor trustee’s rights to title;
  6. that Plaintiff is entitled to the $57,282 undistributed proceeds of the sale;
  7. that Plaintiff’s 3/28/17 deed as an individual is valid  and superior to the Jimijack’s defective, inadmissible 6/9/15 deed and the 5/1/19 deed of Jimijack’s successor Joel Stokes; that Plaintiff is entitled to recoup damages, five years of rental income from Jimijack;
  8. 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;
  9. that all instruments, encumbrances and assignments improperly and/or unlawfully notarized, executed or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of all prior litigation and appeals, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and
  10. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants, attorneys as well as the principals, in all related litigation pay Tobin’s attorney fees and costs as well as exemplary and punitive damages to the maximum allowed by NRS 42.005;
  11. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants, attorneys as well as the principals, in all related litigation pay restitution and punitive damages for their RACKETEERING  pursuant to NRS 207.360(9)(18)(29)(30)(35); NRS 207.390, NRS 207.400(1)(2) and FRAUD pursuant to  NRS 205.330, NRS 205.360, NRS 205.372, NRS 205.377, NRS 205.395, NRS 205.405, NRS 111.175, and/or for their aiding and abetting said unlawful RICO acts;
  12. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants, attorneys as well as the principals, pay EXEMPLARY AND PUNITIVE DAMAGES PURSUANT TO NRS 42.005 and NRS 207.470(1)&(4).
  13. that the Court provide findings of fact to the Nevada Bar Counsel for the Ethics & Disciplinary Panel to impose appropriate attorney sanctions as the court may find are justified given their misconduct pursuant to NRCP 11(b)(1-4); NRPC 3.1, 3.3, 3.4,3.5(b), 4.1, 4.4, 5.1, 5.2, 8.3, 8.4.

Nona Tobin’s Requests for judicial notice

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

Instrument
number
Record
date
Document type
description
2021021200015492/12/21DEED of trust 12/28/20 quicken LLC $355,320 loan 2 Chiesi
2021020500004202/5/21Substitution/reconveyance of quicken INC 12/27/19 $353,500 loan to switch 2 12/28/20 $355,320 dot quicken LLC 2 Chiesi
20201204000109712/4/20Order to expunge 8/8/19 LISP, 8/14/19 LISP & 8/14/19 LISP Tobin LIS pendens and to dismiss Tobin’s claims with prejudice recorded by quicken attorney maurice wood while appeals 82094, 82234, 82294 and 79295 are pending.
2020020600001992/6/20reconveyance of Joel Stokes’s $355,000 5/23/19 dot that masqueraded as Nationstar-Jimijack deal.

5/21/19 transcript Nationstar-Jimijack settlement docs status check.

T Dixon v-p 1st American Title executed reconveyance 2/5/20, > 1 month after quicken recorded 12/27/19 $353,500 loan 2 Chiesi and Driggs title allegedly insured the Chiesi title.
2020020600001982/6/20Substitution of trustee on Joel Stokes 5/23/19 $355,000 dot.

2/4/20 Tyson Christensen, v-p of fay servicing as if Morgan Stanley’s attorney in fact.

No recorded power of attorney.
20191227000134612/27/19DEED of trust 12/26/19 $353,500 quicken loans INC 2 Brian & Debora Chiesi
20191227000134512/27/19DEED grant, sale bargain (not quit claim) Joel Stokes, an individual, alleged he had a valid title to transfer to Brian & Debora Chiesi.
Joel Stokes did not have a valid title as Jimijack had no valid title to transfer to Joel Stokes on 5/1/19.

Driggs title agency, INC. 7900 w sahara #100 lv 89117-7920.
Escrow #19-11-120779jh
DECLaration of value
20191227000134412/27/19DEED Sandra 2 Joel Stokes, as spouses, not as Jimijack trustees.
Joel and Sandra Stokes as trustees of Jimijack transferred Jimijack’s defective title to Joel Stokes, as an individual, on 5/1/19,


RPTT exemption 5
20191203000315212/3/19On 12/3/19 Hong recorded notice of 11/22/19 a-15-720032-c order that erroneously expunged Tobin 8/8/14 LIS pendens re a-19-799890-c 8/7/19 complaint and 7/23/19 appeal and 7/24/19 appeal into 79295

8/8/19 sca motion to strike Tobin’s pro se 8/7/19 nolp was granted on 9/3/19 rtran, but sua sponte 11/22/19 order was wrongly written to both expunge 8/8/19 LISP (outside judge kishner’s jurisdiction) and to strike 8/7/19 nolp from the a-15-720032-c court record 11/22/19 order, recorded 12/3/19, was unappealable per order 20-13346 wherein the nv supreme court claimed 11/22/19 order was outside its jurisdiction.

9/10/19 nv supreme court order 19-37846 denied Nona Tobin all rights to appeal any decision made by judge kishner.
2019081400030848/14/19LIS pendens Tobin recorded 39 pages with a-19-799890-c complaint attached.
On
8/13/19 Tobin filed nolp into a-19-799890-c
2019081400030838/14/19LIS pendens related to Tobin/Hansen trust appeals 79295 7 pages plus receipt for recording both 8/14/19 LIS pendens
2019080800020978/8/19LIS pendens (7 pages) related to 7/23/19 Hansen trust appeal & 7/24/19 appeals & 8/7/19 a-19-799890-c
2019072400033557/24/19Judgment Hong recorded 6/24/19 order vs GBH trust on 7/24/19 after he received notice of two appeals filed on 7/23/19 and 7/24/19.

6/24/19 order expunged 56/19 LIS pendens which related to the claims of both Nona Tobin, an individual, and the Hansen trust , but Nona Tobin, an individual, ws excluded from the trial and removed as a party unfairly due to the misrepresentations joseph Hong made to judge kishner at a 4/23/19 hearing held ex parte due to Hong serving notice that the hearing was continued to 5/7/19.
2019071700029717/17/19Assignment Stokes 5/23/19 dot 2 morgan stanley
No proper purpose, but served to cloud the title and attempted to cover the dirty money trail.
2019071000023527/10/19Akerman recorded (cover sheet) release of Nationstar’s 1/13/16 LISP re NSM vs op homes (ROLP page 2). Akerman did not serve any notice of the release into a-16-730078-c where my 4/24/19 motion to vacate the HOA’s MSJ and NSM’s joinder (per NRCP 60(b)(3) fraud) and motion for summary judgment vs all parties was still unheard.
2019060400007726/4/19Assignment of Joel Stokes DEED of trust had no proper purpose, but served to cloud the title and attempted to cover the dirty money trail.
2019060300015996/3/19substitution/ reconveyance release of LIEN of Hansen DEED of trust to Joel Stokes
2019052800028435/28/19LIS pendens release of Nationstar’s LIS pendens by Joel & Sandra Stokes as trustees of Jimijack
2019052300035315/23/19DEED of trust Joel Stokes-$355,000 DEED of trust from civic financial services
2019050600010225/6/19LIS pendens Hansen trust/Tobin
2019050100033485/1/19DEED Joel a. Stokes & Sandra f. Stokes, as trustees of Jimijack irrevocable trust to Joel a. Stokes, individual.

The Joel Stokes’ DEED was recorded five weeks before the 6/5/19 trial.

The 6/6/19 trial allegedly adjudicated GBHt trustee Nona Tobin’s 2/1/17 counterclaim vs Jimijack for quiet title & equitable relief, fraudulent reconveyance (Jimijack’s DEED was inadmissible per NRS 111.345), unjust enrichment (collecting rent from 9/25/14, not 6/9/15 as Jimijack DEED claimed, after a fraudulent sale), civil conspiracy (bid suppression, selective notice of sale to speculators) and preliminary/permanent injunctions (prevent sale or transfer during pendency of proceedings).

The 6/6/19 trial also allegedly adjudicated 2/1/17 cross claim vs. Yuen k. Lee dba f. Bondurant LLC.

Jimijack did not have an admisible DEED.

No Jimijack irrevocable trust instrument was ever disclosed so there is no reason to believe there was any legal authority for trustees to revoke a title from an irrevocable trust and put it in the name of Joel a. Stokes, one of the trustees.
2019030800027903/8/19Assignment Wells Fargo 2 Nationstar by Nationstar
Mohamed Hameed executed as v-p of Wells Fargo
On 3/12/19, two weeks after the end of discovery, akerman disclosed the rescission as NSM 409-NSM 411.
2019030800027893/8/193/8/19 NSM rescinded the 12/1/14 assignment of the Hansen DEED of trust from Bank of American 2 NSM by NSM.
Mohamed Hameed executed it as v-p of Bank of American.
No recorded power of attorney
On 3/12/19, two weeks after the end of discovery, Akerman disclosed the rescission as NSM 412-NSM 413
2017033100030733/31/17Interest disclaimer lee/f bondurant filed 3/8/17 NSM 222-227
2017033100030723/31/17Interest disclaimer Lucas/ophomes filed 3/8/17 NSM 218-211
2017033100030713/31/17Interest disclaimer steve Hansen filed 3/28/17 NSM 212-217
2017033000038603/30/17Republic services released its 2nd garbage LIEN recorded 5/6/14 concealed by rrfs & NSM
2017033000038593/30/17Republic services released its 1st garbage LIEN recorded 9/23/13
2017032800014523/28/17DEED Gordon b Hansen trust, dated 8/22/08, 2 Nona Tobin, individual, NSM 208-211
2016060700014506/7/16LIS pendens re NSM 6/2/16 aacc vs Jimijack NSM 203-207
2016052300014175/23/16Request notice by Tobin 4 Hansen trust not disclosed by NSM
2016052300014165/23/16Certificate of INCumbency Nona Tobin 4 Hansen trust
2016011300010511/13/16LIS pendens re 1/11/16 complaint Nationstar vs opportunity homes
20151201000340212/1/15Judgment of default vs Bank of American 10/23/15 JDDF.

No notice of entry of the default judgment was served.

Instead, Joseph Hong recorded the 10/23/15 unnoticed default judgment.

Joseph Hong who knew, or should have known, that NRS 40.110 “Court to hear case; must not enter judgment by default”
“the court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiff’s title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiff’s title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law.”

Joseph Hong knew that had the court held an evidentiary hearing, it would have been detected that Joel & Sandra Stokes as trustees of Jimijack Irrevocable Trust did not have an admissible DEED per NRS 111.345 and therefore had no standing to assert a quiet title claim against any lender.

Joseph Hong knew that had the court held an evidentiary hearing, it would have been detected that two other lenders, Wells Fargo (9/9/14) and Nationstar (12/1/14), held recorded claims to be the beneficiaries of the 7/22/04 Hansen DEED of trust as Bank of America’s sole successor-in-interest.

Joseph Hong knew that had the court held an evidentiary hearing, it would have been detected that Bank of America did not hold any recorded claim to the Hansen DEED of trust after 9/9/14 and that Hong’s naming BANA as a defendant was for the corrupt purpose of getting a default by a lender who had no claim.

Nationstar NSM 192-194, but NSM denied knowing in 1/22/15 req notice, 4/12/15 AFFD, 4/12/16 mot
2015081700010568/17/15Substitution of trustee Joan H. Anderson to NSM co-conspirator American Trustee Servicing Solutions by Nationstar, claiming without legal authority to be “attorney-in-fact” for Wells Fargo.
No recorded Power of Attorney.
Nationstar disclosed as
NSM 270-272 is an unrecorded, inapplicable Wells Fargo Power of Attorney. Contradicted by NSM 6/3/19 sub/reconvey.
2015060900015456/9/15DEED F. Bondurant LLC to Joel and Sandra Stokes as trustees of Jimijack Irrevocable Trust
Inadmissible per NRS 111.345.

1/17/17 Tobin DECL re notary violations and exhibits re notary CluAynne M. Corwin’s involvement with several other questionable subsequent transfers of HOA foreclosures involving Joseph Hong, Joel Stokes, Pam at Linear Title, and Peter Mortenson

No legal capacity to transfer title to Jimijack as notary CluAynne M. Corwin “witnessed” Yuen K. Lee’s signature but used her notary stamp to affirm that Thomas Lucas, manager of Opportunity Homes
No notary record that CluAynne M. Corwin witnessed any deed executed on 6/8/15.
No purchase agreement was disclosed to show how, when, from whom or for how much Joel and Sandra Stokes acquired the property.
NRS 240.120, NRS 240.155, NRS 240.075 violations.
Incompetent acknowledgment per NRS 111.125.

Jimijack had no DEED with legal capacity to hold or transfer title, but transferred to Joel Stokes, an individual on 5/1/19.
Jimijack’s defective deed was disclosed as NSM 189-191. Nationstar knew that the two deeds recorded on 6/9/15 alleged title claims that replaced Opportunity Homes LLC as an interested party.

For unknown reasons, Nationstar chose not to name either F. Bondurant LLC or Jimijack, who both had recorded deeds on 6/9/15, when Nationstar sued disinterested Opportunity Homes in its 1/11/16 complaint in A-16-730078-C.

Nationstar voluntarily dismissed its 1/11/16 claims against Opportunity Homes and its non-existent claims vs. F. Bondurant LLC by a stipulation and order entered on 2/20/19. Neither evidence nor trial were required to prevail.

Nationstar never produced any evidence to support its filed claims against Jimijack and was excused from the 6/6/19 trial at the 4/25/19 pre-trial conference after Nationstar withdrew its 3/21/19 motion for summary judgment vs. Jimijack.

Nationstar’s claims against Jimijack were dismissed by stipulation and order entered on 5/31/19.
Again, neither evidence nor trial were required to prevail.
2015060900015376/9/15DEED, from Opportunity Homes to F. Bondurant LLC, a sham entity controlled by Joseph Hong, was executed on 6/4/19, and witnessed by Joseph Hong’s employee, Debra Batsel.

Batesel witnessed at the same time Thomas Lucas and some unknown party execute a purchase agreement to transfer title from Opportunity Homes.

Joseph Hong did not participate in discovery and entered no evidence into the record at any time from 6/16/15. To the present to support any of his clients’ claims, but still won quiet title at the 6/6/19 trial from which all documentary evidence was excluded due to Hong’s misconduct.
2015031200022853/12/15Substitution/
reconveyance Wells Fargo 2nd open-ended deed of trust
2015022300006082/23/15RPTT refund 2 Thomas Lucas
2015012200018501/22/15request notice Nationstar
20141201000051812/1/14Nationstar’s assignment of the 7/22/04 Hansen deed of trust from Bank of America to Nationstar, was recorded three months after BANA had no interest to assign on 12/1/14.

Nationstar refused to respond in good faith to Tobin’s interrogatories and requests for documents

12/1/14 was executed by Nationstar’s robo-signer in Nebraska and was rescinded by Nationstar’s robo-signer in Texas on 2/25/19, and recorded on 3/8/19. Nationstar disclosed the rescission two weeks after the end of discovery on 3/12/19.

Because the sale was void by reasons of fraud, unfairness and oppression, neither the 8/27/08 Hansen Trust’s Deed nor the 7/22/04 Hansen Deed of Trust should have been extinguished by the fraudulent HOA sale.

However, 4/18/19 order granted Nationstar’s fraudulent 2/12/19 limited joinder to order that the HOA sale was valid to extinguish the owner’s title rights, but it was not valid to extinguish Nationstar’s rescinded 12/1/14 claim to be Bank of America’s successor in interest.
2014090900009749/9/14On 9/9/14, Bank of American recorded that it had assigned its interest in the Hansen deed of trust, if any, to Wells Fargo, effective 8/21/14, the day before the foreclosure deed was recorded.
2014082200025488/22/14DEED HOA foreclosure 2 opportunity homes
2014050600043575/6/14LIEN 2nd garbage was recorded on 5/6/14 and released on 3/30/17
2014021200015272/12/14notice of 3/7/14 HOA sale
2013092300013699/23/13LIEN 1st garbage
2013040800010874/8/13default 2nd HOA notice of default,
2013040300015694/3/13notice of rescission of HOA 1st notice of default
2013031200008473/12/13default HOA 1st notice of default
20121214000133812/14/12LIEN $ 925.76 when $300 was due & owing
2012041200018834/12/12assignment mers 2 Bank of American by Bank of American
2008082700036278/27/08DEED Gordon Hansen B. Hansen Trust, dated 8/22/08, was recorded when the GBH Trust was created.

Title was extinguished by the 8/22/14 recording of a foreclosure deed as was the 7/22/04 Hansen deed of trust.

Neither the 8/27/08 Hansen Trust’s Deed nor the 7/22/04 Hansen Deed of Trust should have been extinguished by the fraudulent HOA sale.
The 4/18/19 order granted Nationstar’s fraudulent 2/12/19 limited joinder to order that the HOA sale was valid to extinguish the owner’s title rights, but it was not valid to extinguish Nationstar’s rescinded 12/1/14 claim to be Bank of America’s successor in interest.
2007051000011275/10/07DEED of trust 2nd open ended DEED of trust by Wells Fargo 2 Gordon Hansen, recorded on 5/10/07, was released on 3/30/17
2004090100072979/1/04Declaration of Homestead by Gordon B. Hansen, an unmarried man
2004083100075638/31/04Sub trustee/reconveyance of paid in full 7/31/03 DEED of trust Gordon & Marilyn Hansen $310,600 1st dot assigned 2 Washington Mutual by City First Mortgage

7/31/03 lien was released on 8/31//04.
2004081700022848/17/04Reconveyance of 11/20/03 Wells Fargo $55,000 2nd DOT
To Hansen .
The 11/20/03 lien was released on 8/17/04
2004072200035077/22/04DEED OF TRUST is the disputed Hansen DOT.

Nationstar disclosed the Hansen deed of trust and the Planned Unit Development Rider as NSM 141-162
$436,000 loaned on 7/15/04
Due in full on 8/1/2034
Borrower: Gordon B. Hansen, an unmarried man
Lender: Western Thrift & loan
Trustee: Joan H. Anderson
PUD rider remedies f. that lenders are contractually authorized only to add delinquent HOA assessments to the outstanding loan balance and add interest at the note rate (here 6.25%).
Lenders are prohibited from using the tender of delinquent assessments, rejected or not, as a de facto foreclosure without due process.

Nationstar disclosed the PUD Rider Remedies section was disclosed as NSM 160 so ignorance cannot be an excuse.

Nationstar disclosed that it does not hold the origInal note by disclosing a copy as NSM 158-160.

NSM’s copy of the note shows Nationstar, Wells Fargo and bank of Amercia are not in the chain of title of endorsements.

All recorded assignments of the Hansen DEED of trust that culminated in Nationstar reconveying the Hansen DEED of trust to Joel stoke, an individual, on 6/3/19, were false claims to title in the meaning of NRS 205.395.

National banking associations’ corrupt business practices were revealed in 12/7/20 national settlement agreement and consent order, its 8/17/18 settlement and release, the 2012 National Mortgage Settlement and consent judgment for Bank of America, the 2012 National Mortgage Settlement and consent judgment for Wells Fargo.

Violations of NRS 205.395, NRS 207.360, and other statutes in this particular case are documented in 11/10/20 complaint to the Nevada Attorney General (See TOC of AG exhibits), 12/16/20 complaint to the Mortgage Servicing Division (See TOC 12/16/20 complaint), NCJD 2021-026,
2004061100055476/11/04DEED
20031120000403011/20/03DEED of trust $55,000 Wells Fargo 2nd deed of trust to Gordon & Marilyn Hansen
2003091000005889/10/03DEED of trust assign 7/31/03 dot city first mortgage 2 washington mutual
2003073100044447/31/03DEED of trust Gordon & marilyn Hansen $310,600 1st dot from city first mortgage
2003073100044437/31/03power of attorney
Marilyn 2 Gordon Hansen

“limited to executing loan documents for purchase of home located at 2763 white sage…power of attorney is null & void after execution.”

Marilyn 2 Gordon Hansen Power of Attorney is the only recorded power of attorney in this property record from 2003 to the present.
Nationstar did not record Power of Attorneys for the claims NSM recorded as “attorney-in-fact” on 12/1/14 (Bank of American), 8/17/15 (Wells Fargo), 3/8/19 (Bank of American), 3/8/19 (Wells Fargo) or 6/3/19 (American trustee servicing solutions)
2003073100044427/31/03DEED Del Webb 2 Marilyn & Gordon Hansen
2003073100044417/31/03Notice of completion
  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 filed 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

Red Rock foreclosure file is false, falsified & fraudulent

Sun City Anthem misrepresented the record

Link to bookmarked SCA 176-643 Red Rock Foreclosure File disclosed by Sun City Anthem in 2018.

SCA misrepresented the Red Rock foreclosure file to Judge Kishner as if it represented the true, accurate, and complete records of the foreclosure of 2763 White Sage, despite SCA attorneys knowing full well that the file was the debt collector’s unverified, uncorroborated version of revisionist history.

SCA attorneys were not representing the interests of the HOA when they disclosed Red Rock’s fraudulent documents. SCA attorneys presented to the court Red Rock’s fantasy version of reality that was explicitly contradicted by SCA’s official, verified records of the enforcement actions taken in secret by the HOA Board between 2012-2014.

SCA attorneys withheld, concealed, and/or misrepresented the HOA’s official records related to this foreclosure and a dozen other foreclosures in the same time period.

Link to “SCA Board secretly sold a dozen houses in 2014
Link to “SCA Board did not properly authorize any foreclosures conducted by Red Rock Financial Services

Links to A-15-720032-C motions and orders that relied on the disputed Red Rock foreclosure file disclosed by SCA as SCA 176-643 are listed below.

Red Rock Foreclosure File as SCA 176-643 as SCA attorneys produced it.

Links to Tobin’s evidence disputing material facts in the Red Rock foreclosure file, stricken or ignored by Judge Kishner, are listed below.

Steven Scow produced Red Rock foreclosure file in response to Tobin 2/4/19 subpoena

RRFS 001-425 Red Rock foreclosure file as Steven Scow produced it was not properly verified as being a true, accurate and complete record contemporaneously produced by a person in the normal course of her occupation.

2/4/19 Tobin subpoena to Red Rock requested these documents

Steven Scow provided RRFS 001-425 that was deceptive, inaccurate, and incomplete with the obvious
mens rea and the specific intent to conceal the wrongdoing of his clients.
Steve Scow withheld all documents requested in items 4,5, and 6. The proofs of service provided in response to item 2 did not include any proofs of service for any of the notices that Tobin disputes were sent.

Disputed facts in Red Rock foreclosure file

9/17/12 SCA 642 RRFS letter to 2664 OH SCA 643 to 2763 notice of intent to lien – Tobin has no recollection nor Proudfit any record of this. No proof of service though alleged to se sent certified. Demanded $617.94 when it is undisputed that the account was PIF on 6/30/14. See SCA 642 and SCA 643.

9/20/12 SCA 628 120920 SENDER’S copy of hearing notice SCA sent to 2664 Olivia Heights could not have been sent by Tobin to RRFS as alleged in 2/5/19 MSJ See SCA 628, SCA 635,

9/20/12 SCA 635 is duplicate of SCA 628 also alleged to be sent to 2664. No allegation that the notice was sent to 2763. No allegation that the hearing was actually ever held. See SCA 628, SCA 635,

10/18/12 See SCA 618 Payment Allocation Detail. Check 143 was applied to pay assessments from 7/1/12-9/30/12, but also called a “partial payment”

10/8/12 SCA 626 “CORRESPONDENCE RECEIVED” SCA claimed the sender’s copy of the hearing notice was sent to RRFS by Tobin which is impossible.

SCA duplicated and misrepresented this document to falsely imply that SCA had complied with the notice requirements in SCA CC&Rs 7.4 prior to imposing the sanction of permanent revocation, rather than temporary suspension, of member benefits, for the alleged violation of the governing documents of delinquent assessments.

There was no hearing on 10/10/12 or any other date because check 143 cured the delinquency. Assessments were paid through 9/30/12. No other notice like this was ever sent and none of the other steps of due process required were ever provided. This “sender’s copy was NOT attached to Tobin’s 10/3/12 letter to the HOA that transmitted check 143.
SCA misrepresented this letter to claim it was evidence that Tobin was not entitled to any relief because it meant that she had unclean hands.

11/5/12        11/5/12 SCA 620 “Correspondence Response to Homeowner

12/13/12      12/13/12 P/O DEMAND RECEIVED SCA 615

12/20/12      12/20/12 P/O DEMAND SENT See SCA 603

1/3/13          1/3/13 SCA 587 “LIEN SENT TO OWNER“. See annotated SCA 591-592

1/9/13          1/9/13 SCA P/O DEMAND RECEIVED See SCA 586

1/16/13 SCA 578 “P/O DEMAND SENT” See SCA 579

3/7/13          3/7/13 SCA 572 Send NOD to Title Company

4/2/13          SCA 378 Endorsement, effective 4/2/13, relates to 9/23/13 Republic Lien and “plant date of 2/5/14”?? Unclear

4/4/13          4/4/13 SCA SCA 552 NOD Notice of Rescission

4/16/13        4/16/13 SCA 525 “Payoff Demand Received

See SCA 513-530 to see how SCA handled the rejection of the Miles Bauer tender .

Note that check 143 paid the assessments from 7/1/12-9/30/12.

See SCA 618Association Allocation Detail” and #13 on Page 4 of 4/17/19 order that states “payment was applied to the July 1, 2012 Quarterly Assessment and the Late Fee due on July 31, 2012.

The foreclosure deed recitals are false because they state that the default began on 7/1/12. The association detail shows that Red Rock knew the proper way to account for payments according to NRS 116A.640(8), but simply chose to ignore the law and keep two sets of books.

Therefore, the Miles Bauer $825 tendered on 5/9/13 satisfied the debt of $825 assessment due and payable for the quarters from 10/1/12 to 6/30/13.

Nationstar relied on this to commit its fraud on the court. Nationstar was never Bank of America’s successor in interest as the beneficiary of the disputed Hansen deed of trust. Nationstar rescinded that 12/1/14 fraudulent claim on 3/8/19. Further, Nationstar concealed SCA 302 which is clear proof of its specific intent to steal this property from Nona Tobin.
5/10/13 rejection of the $825 tendered was sufficient to void the entire sale. RRFS covertly rejected this tender without legal authority. $825 was the exact amount of assessments that were then delinquent. The 5/16/13 entry implicates the attorneys as co-conspirators.

The only remaining debt at the time of the Miles Bauer tender were fines: $75 late fees authorized by the SCA Board as a fine for non-payment of installments within 30 days of their due date and whatever fines RRFS-added on their own initiative. An HOA cannot foreclose if the assessments are brought current and only fines, including collecting fees remain.

NRS 116.31162(5)(2013) prohibits the HOA from foreclosing on fines or penalties. See Nationstar Mortgage LLC vs. Saticoy Bay LLC series 2227 Shadow Canyon, 133 Nev. Advance Opinion 91, 405 P.3rd 641 cited in 4/17 order. See #1 irregularity cited by NSM, page 9.

4/17/13        4/17/13 SCA 527 Request reviewed

4/30/13        4/30/13 SCA payoff Demand Sent

5/16/13        5/16/13 SCA Payoff Demand Received

5/29/13        5/29/13 SCA 504 payoff Demand See SCA 504

8/15/13        8/15/13 See SCA 491 for notice sent to 2664

8/15/13        SCA 401 is an envelope addressed to 2763 White Sage that was stamped on 8/15/13 “deceased”. There is no such envelope for the letter RRFS alleged in SCA 287 was sent to 2763 White Sage on 7/2/14. This is the 7/2/14 letter that RRFS claims was sent to notify the owner that the waiver request RRFS sent to the SCA Board on 6/9/14 was denied.

See SCA 401-403

8/15/13        SCA 403 is an envelope addressed to 2763 White Sage that was stamped on 8/15/13 “Return to sender Not deliverable as addressed. Unable to forward.”. There is no such envelope for the letter RRFS alleged in SCA 278 was sent to 2763 White Sage on 7/2/14. This is the 7/2/14 letter that RRFS claims was sent to notify the owner that the waiver request RRFS sent to the SCA Board in SCA 295 on 6/9/14 was denied.

10/16/13      10/16/13 SCA 450 “Followed Up POP

10/16/13      SCA 468 RRFS “Homeowner Progress Report” to 10/16/13 does not show any BOD approval. See 468 is duplicated in annotated SCA 415-416 Homeowner Progress Report to 01/3/14.

1/3/14          1/03/14 SCA 407 Followed Up POP

1/3/14          SCA 406 “Permission for publication of foreclosure sale and authority to conduct foreclosure sale”, RRFS form letter signed by Dan Folgeron on 1/9/14. According to this form, RRFS had the ability to move the sale date without specific instruction from the BOD.

Note that this contradicts SCA 377 and SCA 407.

By RRFS being able to unilaterally move a sale date, RRFS can suppress bidding, particularly when this is compounded by RRFS giving the SCA BOD the false instruction that

The Board of Directors agrees that in the event that the homeowner makes any claim regarding the loss of its property through this foreclosure action, the association shall have the exclusive duty to defend and to pay all defense costs of all such claims...”.

More importantly, it violated the 4/27/12 RRFS debt collection contract Indemnity clause on page 3, #7 of the RRFS-SCA contract signed on 4/27/12. Both RRFS and SCA refused to produce this contract in discovery. SCA deceptively disclosed the inapplicable 2007 contract that does not contain the provision that RRFS must indemnify SCA.

SCA homeowners have been forced to pay over $100,000 in costs that contractually were the responsibility of RedRock.

1/3/14          RRFS transmittal memo to SCA, dated 1/3/14, gave Permission for Publication packet to SCA BOD which contained the sentence. “If the Board does not want to proceed with the foreclosure sale please return the packet unsigned.” Note that there are multiple unsigned documents in SCA 176-643. Note also that there is no Board decision to proceed or not in any Board minutes.

See “SCA Board secretly sold a dozen houses in 2014
See “SCA Board did not comply with HOA meeting laws

1/3/14          SCA 415 RRFS “Homeowner Progress Report” from 9/13/12 -4/10/13

1/3/14          SCA 416 RRFS “Homeowner Progress Report” from 4/10/13 – 1/3/14. Note neither RRFS nor SCA disclosed this form for the period from 1/3/14 – 8/15/14 when RRFS sold the property without notice after the property had already been sold on auction.com on 5/8/14.

1/9/14          SCA 377 and SCA 407 Dan Folgeron signed  RRFS form” Association Foreclosure sale Approval” for “Property Address” Dan wrote in “All twelve properties attached”. Neither SCA nor RRFS listed the properties nor was there any attachment.

NO SCA BOARD APPROVAL OF THE SALE IS ON ANY AGENDA.

1/9/14          SCA 407 Dan Folgeron signed  RRFS form” Association Foreclosure sale Approval” for “Property Address” Dan wrote in “All twelve properties attached”. Neither SCA nor RRFS listed the properties nor was there any attachment. This is a duplicate of SCA 377. According to the box checked RRFS was not given authority to postpone the sale without discussing with the Board.

1/10/14        1/10/14 SCA 405 “Board Approved POP” is contradicted by the HOA records that were concealed in discovery.

1/29/14        1/29/14 SCA 389 “Supporting Documents

2/11/14        SCA 382- 384 disclosed the Resident Transaction Report from 1/1/6-2/11/14. SCA refused to disclose the Resident Transaction Report when requested in discovery. The part that shows the RTR does not include any indication that the property was foreclosed, that $63,100 was collected for the sale, or that there were any other owners between Hansen and Jimijack, shows in the time period after 2/11/14.

See Resident Transaction Report Page 1334-1339 that was provided in response to Nona Tobin’s records request to CAM Lori Martin in May 2016.

2/24/14        2/24/14 SCA 338 Invoice (Priority Posting)

See “Deceptive disclosures: SCA Board 12/5/13 meeting vs. SCA 315 & RRFS 128

2/27/14 See SCA 315 President signed that Board approved 3/7/14 sale on 12/5/13 by BOD resolution [R05-120213]. See pg. 2 12/5/13 SCA BOD minutes for [R05-120213].

2/27/14        There is a 2/27/14 email on the bottom of SCA 332 that informs them that she received a request from the realtor for a reduction in fees because the owner is dead and there is no money left in the estate. See annotated SCA 332.

This was Craig Leidy’s only request. SCA and RRFS misrepresent this to cover up SCA 302 and SCA 295.

3/4/14 See SCA 324-325 email Leidy-RRFS Marling exchange where Leidy had asked for a copy of the fees and to speak to the Board about a fee reduction. Marling says she’ll let him know if they want him to attend.

3/3/14          3/3/14 SCA 336 priority posting confirmations

3/4/14          3/04/14 SCA 329 “Sale Postponed

3/4/14          SCA 332 (top) is a 3/4/14 email from RRFS to Gary Leopold, FSR employee serving as the SCA CAM, to state that she had received a request from the 3/7/14 sale was postponed to 4/8/14. There is a 2/27/14 email on the bottom of the page that informs them that she received a request from the realtor for a reduction in fees because the owner is dead and there is no money left in the estate. See annotated SCA 332.

3/7/14          3/7/14 “Request Form sent to Board

3/18/14        3/18/14 “Payoff Demand Received

3/18/14        SCA 312-13 Chicago Title payoff request

3/18/14        SCA 310 contains two emails dated 3/18/14 which clearly indicate RRFS received a request for payoff figure on 3/18/14, but the SCA BOD was scheduled to review Leidy’s requests at the 3/27/14 meeting. Note RRFS and SCA both failed to disclose the 3/28/14 RRFS response to Chicago title in which the ledger shows that the SCA BOD approved a $400 fee waiver on Page 6. This fee waiver is not included in SCA 255, RRFS account detail that allegedly was accurate and complete from 2/11/14-8/15/14.

This 3/28/14 RRFS payoff demand was concealed in discovery. Both SCA and RRFs produced the false evidence of doctored ledgers as shown below.

3/28/14        SCA 277 Undated email RRFS to Leidy “Please see response regarding the settlement request for $1000.00” (Note there was no settlement request for $1000. Leidy did not receive this. Not clear what was supposedly attached as it does not relate to the 6/5/14 email Leidy sent to RRFS to forward the NSM 5/28/14 offer.

5/6/14          5/6/14 “Supporting Documents

5/13/14        5/13/14 “Sale Postponed

5/15/14        SCA 307 is an unsigned approval form to conduct the sale on 5/15/14. Note there was no BOD approval in SCA 176-643 to conduct the sale on 5/15/14, the date that the Ombudsman received notice that the 5/15/14 sale was cancelled as the owner was retained.

5/15/14        SCA 308 is another email alleging final approval of the 5/15/14 sale from which the date has been scrubbed and there is no signature

5/28/14        5/28/14 SCA 302 NSM Equator message to Leidy “please be advised the max I will be able to pay the HOA is $1100”

Nationstar concealed this in discovery. RRFS was obviously complicit as can be seen by SCA’s fraudulently misrepresenting it to the SCA Board in SCA 295 as an owner request for waiver.

5/28/14        5/28/14 SCA 302 NSM Equator message to Leidy that was mischaracterized by SCA/RRFS as a non-existent new request from Leidy. See SCA 277. See also SCA 295 and SCA 276

6/5/14        SCA 277 Leidy forwarded NSM’s 5/28/14 offer (SCA 302) but SCA concealed it at the bottom of the page

SCA 277 and RRFS 095 are how this doctored evidence was produced.

6/9/14          SCA 275 “Request Sent to Board

6/26/14        SCA 276 Jean Capillupo signed the 6/9/14RRFS waiver form from SCA 295. 6/26/14 SCA 276 (Signed 6/9/14 RRFS Form “Waiver or Reduction in Fees” found in SCA 295. Note no BOD response to SCA 302 was disclosed.

7/2/14          SCA 275 “7/2/14 Received Board response

7/2/14          SCA 278 alleges RRFS sent a letter to 2763 stating the BOD “has denied your request for a settlement of $1,000.” SCA 279 is a blank owner request form. SCA 280-285 is a ledger. SCA/RRFS did not produce any proof of service. No RTS like in SCA 401-405. Tobin has said under oath she never received this. Tobin-Leidy emails never mention it.

RRFS lied about sending this letter and the one in SCA 286 to Tobin’s residence and there are many documents that prove the falsity of this claim beyond the fact that neither RRFS nor SCa disclosed any proofs of service.

See also SCA 286 alleges RRFS sent a letter to 2664 OH stating the BOD “has denied your request for a settlement of $1,000.” Tobin has said under oath she never received this. Tobin-Leidy emails never mention it or the ledger in SCA 287-292. Obviously, she never signed the blank owner request form in SCA 287 and SCA 279.

7/2/14          SCA 280-285 RRFS allegedly sent this ledger to Tobin at 2664 Olivia Heights Ave and to the vacant property at 2763 White Sage. There are no proofs of service. There are no returns to sender like RRFS got when a notice was sent to the vacant property on 8/15/13 (See SCA 401 and 403. Notably, RRFS does not charge for any collection activity, any mailings, any sale guarantee, nothing after 2/11/14.

See annotated SCA 275- SCA 293. There is no document that shows how NSM was informed that SCA 302 was rejected.

Also, see on SCA 285 RRFS did not charge $150 to produce pay off figures requested by Chicago Title on 3/18/14 (SCA 310). RRFS and SCA both concealed that RRFS demanded $3,055.47 in a letter to Chicago Title, dated 3/28/14. SCA 285 does not include the $400 fee waiver requested by Leidy and authorized by the SCA Board on 3/27/14 that is accounted for on pg 6 of the 3/28/14 demand.

8/1/14          8/1/14 Emails

8/5/14          SCA 271 Jean Capillupo signed to approve the sale of 2763 White sage subject to the conditions set forth in the permission for Publication of foreclosure Sale and Authority to conduct foreclosure sale. No record of any BOD action to authorize her signing this.

8/6/14          8/6/14 “Supporting Documents

8/15/14        SCA 242 Sent at 10:12 AM to report to Christie Marling, RRFS, that the property had been sold at an auction conducted at 10:11 AM at which three people allegedly bid and 45 people were in attendance

See SCA 250-262 for RRFS account detail as of 8/15/14 (SCA 250-255), RRFS attempts to rectify the numbers (SCA 256-259) and Resident Transaction Report to 7/30/14 (SCA 260-262) all that fail to account for the $400 Board approved waiver)

8/15/14        SCA 250 RRFS account detail 1/1/06–6/25/08. not relevant

8/15/14        SCA 251 RRFS account detail 7/1/08-8/18/11 not relevant

8/15/14        SCA 252 RRFS account detail 10/1/11- 12/5/12

8/15/14        SCA 253 RRFS account detail 12/5/1 – 4/4/13

8/15/14        SCA 254 RRFS account detail 4/4/13 – 1/30/14

8/15/14        RRFS account detail 2/11/14 – 8/15/14. See annotated SCA 255 for major discrepancies with 3/28/14 RRFS demand pg. 6

8/15/14        SCA 274 is an email with the date scrubbed that alleges sale was approved and the amount due on 8/15/14 would be $5,738.68

8/18/14        8/18/14 SCA 228 deed sent to 3rd party

8/21/14        SCA 217 and SCA 224 $57,282.32 check #49909, made out to Clark County District Court on Red Rock Financial Services Trust Account 4775 W. Teco Ave suite 140 #121201694  153751166148. USBank 94-0169/1212

Steven Scow had no legal authority to retain the proceeds of the sale after Christie marling instructed him to interplead them. If not distributed according to NRS 116.31164(3)(2013), they should have been given to the HOA Board for distribution. SCA bylaws prohibit the HOA Board from delegating proprietary control of these funds to Red rock or to Scow.

8/28/14        SCA 223 and SCA 224 RRFS memo to Steve Scow, Koch & Scow, from Christie Marlow re Foreclosure excess funds “please have these funds interpleaded in regards to the below properties“. See SCA 223, SCA 224, SCA 217, and documents showing RRFS pattern and practice of retaining excess proceeds.

Steven Scow failed to distribute the proceeds of many sales. This is an example of a Spanish Trail foreclosure that was litigated in case A-14-710161-C. The proceeds wee not distributed until after the owner died, and it only happened then after five years of litigation.

Links to Other Documents Disputing RRFS file disclosed as SCA 176-643 and RRFS 001-425.

See post “RRFS claims vs Actual $$ Due

7/1/14-10/15/14 Tobin-Leidy emails (31 pages – No attachments)

February-October 2014 Tobin-Leidy emails (201 pages including attachments)

5/20/19 Proudfit DECL with 20 exhibits

3/5/19 Tobin OPPM SCA MSJ

Ombudsman Compliance Record for 2763 authenticated 4/15/19

RRFS concealed that notice was given to the Ombudsman that the sale postponed to 5/1514 was cancelled. RRFS never provided a deed to the Ombudsman within 30 days after the sale as required by NRS 116.31164 (3)(b) (2013). This was not an innocent error. It allowed the enforcement officials to be duped as there was no record that the 8/15/14 sale occurred without a published notice of sale in effect.

4/20/19 Tobin DECL in support of motion to reconsider (23 pages not filed vs 12 pages in attachment to 4/29/19)

4/29/19 Tobin/GBH Trust motion to reconsider NEO 4/18/19 order

5/23/19 TOC of Tobin Reply with links to 11 exhibits

5/23/19 Tobin filed Reply

5/13/19 Leidy DECL with exhibits (76-pages )

5/8/14 $367,500 sale to high bidder MZK.

7/25/14 Leidy post to MLS “I have worked out all other liens and this can close quickly”

3/28/14 RRFS $4,962.64 pay off demand to Chicago Title

3/28/14 ledger page 6 for $400 SCA BOD-approved $400 fee waiver that shows SCA 255 was falsified

This ledger was concealed in discovery and SCA 255 below shows why.
SCA 255 was also produced as RRFS 076. They both show that RRFS or Steven Scow falsified the accounts. See NRS 205.405  Falsifying accounts.

10/14/14 email excerpt re proceeds and lack of notice for the sale

8/13/14 Notice of Sanction was the only notice Tobin received related to 2763 White Sage after the 2/12/14 notice of sale was cancelled.

SCA concealed this and all other compliance documents related to 2763 White Sage.

See 9/14/16 email exchange where the HOA manager said a court order was required to provide any documents.