Category: attorney malpractice

1st complaint to the Nevada Attorney General & exhibits

Links to Exhibits to 3/14/19 complaint to the NV Attorney General

2011               Certified fraud examiner Amicus curiae MA Supreme Court

7/15/2004      Western Thrift Deed of Trust

7/15/2004      COPY of GBH note NSM 258-260

5/14/2008      10 SCA bylaws 3.20/3.18abefgi prohibits BOD delegation

3/11/2011      2011 anti-foreclosure fraud law AB 284 

10/1/2011      NV 2011 Legislative Digest re AB 284 changes

2/1/2012        2012 National Mortgage Settlement

4/12/2012      Recorded DOT assign to BANA

8/8/2012        6 Sparkman RPA $310K

8/10/2012      Tobin counter to require lender to pay seller costs

8/10/2012      7 BANA short sale addendum

8/11/2012      8 Tobin re lender is seller

9/17/2012      9 SCA MSJ exhibit 3 re intent to lien SCA628

9/20/2012      5 Hearing Notice Sanction 4 Delinquent Assessments

10/3/2012      4 Tobin letter 2 SCA w/ 8/17/12 chk 143 + death cert

1/27/2013      BANA confusion over DOT – misc docs

6/5/2013        HUD-1 draft showing $3055.47 due to HOA out of escrow

6/19/2013      Proudfit 2 Ticor: BANA rejected buyer

12/31/2013    Mortgage transfer disclosure requirements

7/1/2014        Leidy-Tobin emails 7/24/14 through 10/24/14

7/22/2014      11 SCA 280-280 BOD denial of fee waiver request

8/21/2014      RRFS trust account check $57,282.32 to CC District court

9/9/2014        BANA recorded 8/21/14 assignment to Wells Fargo

9/25/2014      2 Res Trans Rpt 1336-7 GBH 2 Jimijack

12/1/2014      NS recorded 10/23/14 assignment to itself as BANA’s “attorney-in-fact”

3/12/2015      WF recorded substitution trustee reconvey 2nd DOT 2 GBH

4/1/2015        Thomas Baynard CA bar discipline

6/9/2015        Recorded OpHomes 2 F.Bondurant 6/4/15 quit claim

6/9/2015        3 Quit claim to Jimijack -Yuen Lee signed as T Lucas

1/13/2016      NS Lis Pendens re A-730078-C

4/1/2016        Unrecorded WF power of attorney NSM 270-272

5/9/2016        Residential Transaction Report – 2763 White Sage

6/7/2016        NS Lis Pendens re A-720032-C

9/18/2016      Tobin letter to R-J editor  “”HOAs, foreclosures, and property rights” 

12/28/2016    Corwin notary communications

1/3/2017        Debra Batesel journal entries re 6/4/15 quit claim & RPA

3/28/2017      Recorded GBH Trust quit claim 2 Tobin

3/28/2017      Recorded Hansen Disclaimer of Interest NSM 212-217

11/5/2018      Irma Mendez affidavit re Joel Just

2/5/2019        SCA MSJ against Tobin

2/5/2019        SCAMSJ Ex5-10/8/12 receipt + false claim of 9/20 notice

2/5/2019        SCAMSJ Ex12-notices with proofs of service

2/12/2019      Joinder to the SCA motion,

2/12/2019      NS Ltd joinder 2 SCA MSJ

2/20/2019      Gmail – compare NS disclosure with my paid off note

2/20/2019      Gmail – another nail in Nationstar’s coffin

2/25/2019      NS unrecorded rescinded 10/23/14 assignment-refiled NSM 404-408

2/25/2019      NS unrecorded refile of 10/23/14 as WF attorney in fact

2/27/2019      “HOA debt collectors wield an unlawful level of power”

2/27/2019      TOC 2 Tobin disclosures

2/27/2019      Tobin 1st sup + BHHS + RRFS

3/1/2019        Hearing minutes Spanish trail A-14-710161

3/1/2019        CA SOS letter re notary complaint

3/5/2019        opposition to the SCA MSJ

3/10/2019      Tobin draft DECL OPPC NS ex 1-10

3/12/2019      CA notary violations on 4/12/12 DOT 2 BANA misc docs

8/27/2008      1 Deed GBH 2 GBH Trust

3/8/2019        Recorded rescission of 10/23/14 assignment MSN 409-411

1/17/2017       Backup for notary subpoenas- not issued

                       CA notary laws

NV Attorney General’s 3/26/19 response

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

Link to PDF of ABA Standards for Imposing Lawyer Sanctions (last revision 1992)

ABA Standards for Imposing Lawyer Sanctions excerpts to consider to determine level of DISCIPLINE OF JOSEPH HONG

ABA Standard C. 3.0 Factors to Consider

In sanctioning Hong, the court should consider:
  • Hong repeatedly violated his duty of candor to the court by concealing material facts, most notably that his client didn’t have an admissible deed and the alleged settlement was not between any parties;,
  • Hong made many false statements in his pleadings, motions, oppositions and oral arguments in order to cheat to win;
  • Hong served notice that the 4/23/19 hearing was continued to 5/7/19 and then conspired with Melanie Morgan to meet ex parte on 4/23/19 with Judge Kishner anyway;
  • Relying on Hong’s and Morgan’s misrepresentations, Judge Kishner bench ordered many of Nona Tobin’s pro se filings and 963 pages of her evidence stricken from the record unheard, including meritorious motions for summary judgment vs. Hong’s and Morgan’s clients
  • Completely through the misconduct of Hong and his co-conspirators, ALL of Nona Tobin’s evidence entered into the court record since 7/29/16 has been suppressed.
  • Completely through the misconduct of Hong and his co-conspirators, NO Nevada judge in ANY of these four district court cases (A-15-720032-C, A-16-730078-C, A-19-799890-C, A-21-828840-C) or these four Nevada Supreme Court cases (79295, 82094, 82234, 82294), has looked at the evidence.
  • Hong and his co-conspirators obstructed a fair adjudication of Nona Tobin’s claims by an impartial tribunal,
  • Hong and his co-conspirators made a fraudulent side deal to steal Nona Tobin’s $500,000 house, $100,000+ in 6+ years of lost rent, and over $100,000 in other actual damages to Nona Tobin.

ABA Standard 6.1 (False statements, fraud, and misrepresentation) and 6.11 Disparment is appropriate when:

Hong , with the intent to deceive the court, made many false statements, submitted false documents, improperly withheld material information, caused serious injury to Nona Tobin and had a serious impact n multiple legal proceedings.

Hong caused serious injury to Nona Tobin, lied to the court repeatedly to steal Nona Tobin’s house and cover his tracks. The specific dates and documentary evidence will be published by 3/21/21.

Disbarment is appropriate. The specific dates and documentary evidence will be published by 3/21/21.

6.2 (Abuse of the Legal Process),

ABA Standard 6.21 Disbarment for violating a court rule to seriously interfere with a legal proceeding

ABA Standard 6.3 Improper Communications with Individuals in the Legal System

6.31 Disbarment is generally appropriate when

8.0 (Prior discipline Orders), 

8.1(b)  (Disbarment is generally appropriate when a lawyer

Hong has five priors in Nevada

Hong has also been suspended in California

9.22 Aggravating factors that affect Hong

9.22(a)  (Prior discipline Orders)

9.22(b) (dishonest or selfish motive)

(c) a pattern of misconduct;

(d) multiple offenses;

(f) vulnerability of the victim(s);

(g) substantial experience in the practice of law

What does it take to get disbarred in Nevada?

A Duel to the Death

A Simple Fable: Jimijack and Nationstar weaponize settlement

How a bank and a speculator think a quiet title dispute with me should be settled.

The Scheme

In April, 2019, conspirators Joseph Hong and Melanie Morgan covertly devised a scheme to “resolve all parties’ claims” for the title of 2763 White Sage!

Hong & Morgan didn’t warn Nona Tobin

Hong & Morgan’s Slick Scheme:

A duel between Jimijack and Nationstar

Back-to-back.

Pistols raised. 

Count 10 paces.

They turn.

Both shoot Nona Tobin.

Hong & Morgan declare the winner!

On 4/23/19, Joseph Hong & Melanie Morgan reported to Judge Kishner that the Jimijack & Nationstar had settled the dispute over who gets the $500,000 house Nona Tobin inherited.

Hint: It’s not Nona.

Judge Kishner blessed the deal!

“Your work is done, Your Honor.

Jimijack and Nationstar have agreed.

Joel Stokes gets the title.

By the way, Nona Tobin is dead.”

Joseph Hong & Melanie Morgan, ex parte on 4/23/19

Recommendation to the Nevada Commision on Judicial Discipline

Postpone formal charges vs. Judge Kishner

Link to PDF of 3/10/21 email to NCJD requesting postponement of formal charges

Address the need for state civil court reform

Follow the advice of the Pew Charitable Trusts’ study:

How Debt Collectors Are Transforming the Business of State Courts

Lawsuit trends highlight need to modernize civil legal systems
Link to PDF of PEW study on debt collectors taking over state courts

Complaint to the State Bar of Nevada Ethics & Discipline Panel vs. Brittany Wood

Immediate rejection without consideration

NV Bar Receipts of online complaints

2/14/21 complaint vs. Joseph Hong (Reference OBC21-0181)
2/16/21 complaint vs. Brittany Wood (Reference OBC21-0187)

“WHY DID QUICKEN SECURE A LOAN WITH A HOUSE THAT WAS ALREADY MORTGAGED?

“PLEASE, JUDGE JOHNSON, WON’T YOU AT LEAST LOOK AT THE EVIDENCE?”

“How lenders cheat owners out of their houses“

“Is justice blind or just blinded by power and pals?”

10 Reasons why to sanction Joseph Hong

1. Lied to the court

2. Sued the wrong party

3. Met the judge ex parte

4/23/19 HEARING AFTER JUDGE KISHNER CALLED MELANIE MORGAN TO SHOW UP

4. Concealed material facts

5/23/19 Stokes $355,000 deed of trust was misrepresented as Jimijack-Nationstar settlement of all claims

5. Concealed conflicts

Ownership interest in F. Bondurant LLC

6. Dumped defective deed

Fraudulent conveyance

NRS 205.330  Fraudulent conveyances.  Every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance, had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or who, being a party as aforesaid, at any time shall wittingly and willingly put in use, avow, maintain, justify or defend the same, or any of them, as true and done, had, or made in good faith, or upon good consideration, or shall alien, assign or sell any of the lands, tenements, hereditaments, goods, chattels or other things before mentioned, conveyed to him or her as aforesaid, or any part thereof, is guilty of a gross misdemeanor.

      [1911 C&P § 430; RL § 6695; NCL § 10382] — (NRS A 1967, 502)

NRS 205.330
Jimijack’s deed was inadmissible per NRS 111.345
Concealed from Judge Kishner the 5/1/19 deed from Jimijack to Joel Stokes recorded before the 6/5/19 quiet title trial to determine if Jimijack had a title claim that was superior to Nona Tobin’s title.

7. Covered up crimes

Civil Conspiracy with Melanie Morgan to make a fraudulent side deal to obstruct Nona Tobin’s access to a fair, evidence-based adjudication of her claims.
Covered up the many false claims recorded to title

Joel & Sandra Stokes and or Joseph Hong and/or Robert Goldsmith recorded false claims on 6/9/15, 6/9/15, 12/1/15, 5/1/19, 5/23/19, 5/28/19, 7/24/19, 12/3/19, 12/27/19, and 12/27/19 and aided and abetted false claims to be recorded on 6/3/19, 6/4/19, 7/10/19, 7/17/19,  12/27/19, 2/6/20, 2/6/20,  and 12/4/20, 2/5/21, and 2/12/21.

Fraudulent Misrepresentation

Joseph Hong (NV Bar #5995) filed written false statements, filed frivolous unsupported harassing pleadings, knowingly made false verbal statements, made fraudulent misrepresentations of material facts, concealed/failed to disclose material facts, conspired with others, received proceeds, on these dates, 6/9/15 DEED, 6/16/15, 8/12/15, 10/16/15, 6/14/16, 8/30/16, 9/29/16 RTRAN, 12/5/16, 12/20/16 RTRAN, 3/13/17, 3/13/17, 3/13/17, 12/5/18,  3/25/19, 3/26/19 RTRAN, 4/15/19, 4/22/19, 4/23/19 minutes,  4/23/19 RTRAN, 4/23/19 RTRAN annotated, 4/25/19 RTRAN, 5/1/19 DEED, 5/3/19, 5/21/19, 5/23/19 Agreement, 5/24/19, 5/29/19 video, 5/29/19 RTRAN, 6/3/19 RTRAN, 6/3/19 video, 6/5/19, 6/5/19 video, 6/5/19 RTRAN, 6/5/19 video, 6/6/19 RTRAN, 6/24/19, 6/28/19, 8/7/19, 8/13/19, 9/3/19 RTRAN, 9/3/19 video, 6/25/20, 7/1/20,  8/3/20 annotated,, 8/11/20 video, 8/11/20 RTRAN, 10/8/20, 10/8/20 annotated, 10/16/20 OST, 10/16/20 NEO, 10/29/20 RTRAN, 10/29/20 video, 11/3/20 video, 11/3/20 RTRAN

8. Abused innocent parties

Hong’s combined court filings from 2016-2020 were all in opposition to Nona Tobin’s claims being heard. All were unwarranted, abusive, and obstructed the administration of justice by suppressing evidence and lying to the court.

9. Burden of proof not met

10. Prior pattern of deceit

Fraudulent conveyance to defraud others is a crime

It’s a crime to knowingly receive a fraudulent transfer

NRS 205.360  Knowingly receiving fraudulent conveyance.  Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered in violation of, or with the intent to violate, any provision of NRS 205.345, 205.350 and 205.355, shall be guilty of a misdemeanor.

      [1911 C&P § 438; RL § 6703; NCL § 10390]

NRS 205.360

NRS 205.330  Fraudulent conveyances.  Every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance, had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or who, being a party as aforesaid, at any time shall wittingly and willingly put in use, avow, maintain, justify or defend the same, or any of them, as true and done, had, or made in good faith, or upon good consideration, or shall alien, assign or sell any of the lands, tenements, hereditaments, goods, chattels or other things before mentioned, conveyed to him or her as aforesaid, or any part thereof, is guilty of a gross misdemeanor.

      [1911 C&P § 430; RL § 6695; NCL § 10382] — (NRS A 1967, 502)

NRS 205.330
Jimijack’s deed was inadmissible per NRS 111.345
Judge Kishner didn’t know about the 5/1/19 deed to Joel Stokes before the quiet title trial to determine if Jimijack had a title claim that was superior to Nona Tobin’s title.

Nationstar had no right to reconvey the Hansen deed of trust to Joel Stokes instead of to the estate of the deceased borrower

Complaint to State Bar of Nevada Ethics & Discipline Panel vs. Joseph Hong

3/4/21 Rejection of 2/14/21 complaint follows the State Bar’s pattern of refusing to investigate any member whose dues are paid

2/14/21 Complaint vs. Joseph Hong details

On 4/15/19 and 4/22/19, Hong served notice through the Odyssey system that the 4/23/19 hearing was continued to 5/7/19 so neither my counsel, Joe Coppedge, nor i attended.

Joseph Hong went anyway and Judge Kishner held the continued hearing after contacting dept 16 to get Melanie Morgan to show up. Hong told Kishner a bunch of lies about the court record and Judge Kishner refused to consider 935 pages of opposition to Hong & Morgan’s fraudulent side deal to settle the quiet title dispute without joining me as a necessary party.

I lost title to a $500,000 house I had inherited because Hong & Morgan ticked the court into not looking at the evidence or hearing any of my claims.

Then, because of opposing counsels’ trickery, I could not appeal the orders against me in 79295.

Judge Johnson then would not hear my case because all the attorneys ganged up on me and convinced her to dismiss my case on the grounds of res judicata and claims preclusion.

Then, Johnson sanctioned me for filing the A-19-799890-C complaint $3,455 per EDCR 7.60 to Hong & $8,949 as an NRS 18.010(2) sanction to Brittany Wood, the attorney for new defendants, that Hong’s clients sold the house to during the pendency of proceedings and while my lis pendens were on record.

Attachments
  1. Nevada Rules of Professional Conduct – excerpt implicated in Hong discipline
  2. Joseph Hong’s prior discipline in California and Nevada
  3. ABA Standards for Imposing Lawyer Sanctions excerpt for Hong
  4. 4/23/19 transcript of ex parte hearing
  5. Hong’s combined court filings in opposition to Tobin were unwarranted, abusive, and obstructed the administration of justice
  6. 7/29/19 MNTR was stricken, and so Judge Kishner never adjudicated Joseph Hong’s misconduct that precipitated the motion
  7. 7/22/19 MTD pursuant to NRS 38.310 was stricken and so Judge Kishner granted Hong’s requested relief despite their lack of compliance with NRS 38.310 and Judge Kishner’s lack of jurisdiction per NRS 38.310(2).
  8. 9/23/16 Tobin sworn affidavit that she had evidence that Hong’s clients did not have a valid deed and that Nationstar did not have a valid claim to be owed the 7/22/04 Hansen debt.
  9. 1/17/17 Nona Tobin declaration under penalty of perjury regarding the notary defects of the Jimijack deed
  10. 4/22/19 NTSO
  11. 4/23/19 transcript of ex parte hearing
  12. 1/28/21 NCJD complaint vs. Kishner
  13. 6/3/19 Nona Tobin’s EDCR 2.67 supplement rejected at calendar call
  14. 3/22/19 only clerk’s notice of hearing for the 4/23/19 hearing
  15. 6/5/19 Hong’s proposed FFCL annotated
  16. 6/3/19 Nona Tobin’s proposed FFCL rejected by court
  17. 6/3/19 Nona Tobin’s pre-trial memorandum -ignored by the court
  18. Ex parte 001-055 Kishner – Joseph Hong’s served notices allowed him to misrepresent the facts and derail my case
  19. 2/7/21 outline of Tobin NCJD claims
  20. 6/21/19 Nona Tobin declaration under penalty of perjury vs. Joseph Hong