Links to PDFs of case file
- 2/16/21 summons Tobin served Red Rock interpleader complaint
- 2/17/21 AOS affidavit of service
- 3/8/21 Tobin AACC vs. Red Rock, Nationstar and Wells Fargo
- 3/15/21 RFJN request judicial notice of property record identifying recorded false claims to title
- 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
- 4/4/21 RFJN unadjudicated claims by Tobin and Nationstar
- 4/7/21 RFJN relevant laws and regs
- 4/9/21 RFJN false evidence in the court record
- 4/9/21 ANSC Nationstar’s answer to Red Rock’s interpleader
- 4/12/21 Tobin MTD Motion to distribute (returned)
- 4/14/21 CNND CLERK’s notice that 4/12 MTD returned as failed to request a hearing
- 4/15/21 MSJ Tobin Motion for summary judgment
- 4/15/21 CONFILE Tobin 4/12/21 motion to distribute corrected re-filed
- 4/16/21 CNNDCA clerks’ notice of curative action to nonconforming document
- 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
- 4/16/21 CNOH CLERK’s notice of hearing Tobin motion for an order to distribute on 5/18/21
- 4/16/21 CNOH CLERK’s notice of hearing Tobin MSJ
- 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? ”
“What happened after Sun City Anthem refused Nona’s 2017 offer to settle?”
“The house that took over a life”
Case Detail A-21-828840-C as of 4/10/21
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.
2013 Nevada law governing the distribution of proceeds after an HOA foreclosure sale was NRS 116.31164(3)
Red Rock asked Steven Scow to interplead the proceeds in 2014
Steven Scow for Red Rock’s interpleader prayer for relief
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 Affidavit of service on Nona Tobin, as trustee of the Gordon B. Hansen Trust, dated 8/22/08
- 2/17/21 Affidavit of service on Nona Tobin, an individual
- 2/17/21 Affidavit of service vs. Nationstar Morgage LLC
- 2/17/21 Affidavit of service on Wells Fargo, N. A.
- 2/17/21 Affidavit of service on Republic Services, Inc. (garbage)
2/17/21 Republic Services filed a disclaimer of interest within 24 hours of service
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
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:
- that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
- that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title;
- that Nona Tobin is entitled to the $57,282 undistributed proceeds of the sale with six+ plus years interest and exemplary penalties pursuant to NRS 42.005.
- that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales;
- that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds;
- that sanctions are appropriate vs. RRFS for its retention of proprietary control of the proceeds of the foreclosure of the subject property, and of approximately a dozen other Sun City Anthem 2014 foreclosures, when RRFS knew, or should have known that the HOA Board was prohibited by Sun City Anthems bylaws from delegating proprietary control over funds collected for the sole and exclusive benefit of the association;
- that sanctions are appropriate vs. RRFS for its failure distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3):
- that sanctions are appropriate vs. RRFS for Koch & Scow’s unsupervised, unaudited retention of the funds of many, many HOA foreclosures allowed attorney trust fund violations to go undetected;
- Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 motion to dismiss, knowing that all these filings contained many misrepresentations of material facts for which there was no factual support or evidence, defied NRCP 11 (b)(3), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation).
- that sanctions are appropriate vs. RRFS for its misappropriation of funds, covert rejection of assessments, falsification of records that allowed the unjust enrichment of undisclosed partners and co-conspirators;
- that Nona Tobin is entitled to treble damages for the fraudulent confiscation of the subject property, valued on 12/27/19 at $505,000 property pursuant to NRS 207.470(1) as RRFS’s actions on the dozen 2014 unnoticed foreclosures constitute racketeering;
- that sanctions are appropriate pursuant to NRS 18.010(2) vs. RRFS for its filing the improper interpleader action with penalties as all other named defendants’ liens have been released and Nationstar mortgage is judicially estopped from claiming it ever was the beneficial owner of the Hansen deed of trust;
- that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
- that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345;
- that the Joel Stokes-Civic Financial Services “agreement”, recorded on 5/23/19, and misrepresented to Judge Kishner on 5/21/19 as the Nationstar-Jimijack settlement was fraud on the court and sanctionable conduct pursuant to ;
- that sanctions are appropriate vs. Nationstar and its Akerman attorneys pursuant to NRCP 11 (b)(1)(2)(3)(4) (misrepresentations in court filings), Nevada Rules of Professional Conduct 3.3 (candor to the tribunal), 3.4 (fairness to opposing counsel), 3.5A (relations with opposing counsel), 4.1 (truthfulness in statements to others), 4.4 (respect for the rights of third persons) and ABA (1992) Standards for Imposing Lawyer Sanctions 6.1 (False statements, fraud, and misrepresentation).
- To declare that Joel Stokes’ deed, recorded on 5/1/19, was void as Jimijack had no interest to convey and that this transfer prior to the 6/5/19 trial was for the corrupt purpose of deceiving the court into allowing Joel Stokes and Nationstar to perpetrate a fraud on the court;
- That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
- That Nona Tobin is entitled to is entitled to recoup damages, five years of rental income from Jimijack;
- that Nationstar Mortgage LLC’s (Herein “NSM” or “Nationstar”) claims to own the beneficial interest of the disputed Western Thrift Deed of Trust (Herein “DOT”) are false and sanctionable under NRS 205.395, NRS 205.377, NRS 207.400 and that Nona Tobin is entitled to treble damages by their misconduct pursuant to NRS 207.470 and 480;
- that all instruments, encumbrances and assignments, and expungements of lis pendens that were improperly and/or unlawfully notarized, executed or recorded to create false claims, or were done for the improper purpose of abrogating Tobin’s rights during the pendency of litigation, and/or prior to the adjudication of Plaintiff’s claims in this instant action, are cancelled and declared without legal force and effect; and
- that attorneys pay Tobin’s attorney fees and costs as a sanction pursuant to NRCP 11(b)(1)(3) and/or NRS 18.010(2)
Exhibits to Nona Tobin’s 3/8/21 counter-claims and cross-claims
- APN 191-13-811-052 Clark County Property Record and allegations of fraud vs. all opposing parties
- the sale was void for rejection of assessments.
- The alleged default was cured three times,
- SCA Board did not authorize the sale by valid corporate action
- Required notices were not provided, but records were falsified to cover it up
- SCA Board imposed ultimate sanction with NO due process
- Neither BANA nor NSM ever owned the disputed DOT
- Examples of RRFS corrupt business practices
- Attorneys’ lack of candor to the tribunal
- the proceeds of the sale were not distributed pursuant to NRS 116.31164(3) (2013)
- RRFS’s fraud, oppression & unfairness
- attorney interference in the administration of justice
- lack of professional ethics and good faith
- Presented false evidence to cover up crime
- Civil Conspiracy to cover up racketeering warrants punitive damages
- Republic Services lien releases
- Nona Tobin’s standing as an individual
- Relevant statutes and regulations
- RELEVANT HOA GOVERNING DOCUMENTS PROVISIONS
- Administrative Complaints related to the APN 191-13-811-052 title dispute
- Nevada court cases related to the APN 191-13-811-052 title dispute
- 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.
Nona Tobin’s 3rd party complaint prayer for relief
- 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;
- 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;
- 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;
- that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants concealed the unethical and/or criminal actions of co-conspirators and others;
- that the disputed HOA sale did not extinguish the GBH Trust’s nor its successor trustee’s rights to title;
- that Plaintiff is entitled to the $57,282 undistributed proceeds of the sale;
- 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;
- 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;
- 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
- 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;
- 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;
- 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).
- 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
|202102120001549||2/12/21||DEED of trust 12/28/20 quicken LLC $355,320 loan 2 Chiesi|
|202102050000420||2/5/21||Substitution/reconveyance of quicken INC 12/27/19 $353,500 loan to switch 2 12/28/20 $355,320 dot quicken LLC 2 Chiesi|
|202012040001097||12/4/20||Order 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.|
|202002060000199||2/6/20||reconveyance 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.
|202002060000198||2/6/20||Substitution 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.
|201912270001346||12/27/19||DEED of trust 12/26/19 $353,500 quicken loans INC 2 Brian & Debora Chiesi|
|201912270001345||12/27/19||DEED 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.
DECLaration of value
|201912270001344||12/27/19||DEED 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
|201912030003152||12/3/19||On 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.
|201908140003084||8/14/19||LIS pendens Tobin recorded 39 pages with a-19-799890-c complaint attached.|
On 8/13/19 Tobin filed nolp into a-19-799890-c
|201908140003083||8/14/19||LIS pendens related to Tobin/Hansen trust appeals 79295 7 pages plus receipt for recording both 8/14/19 LIS pendens|
|201908080002097||8/8/19||LIS pendens (7 pages) related to 7/23/19 Hansen trust appeal & 7/24/19 appeals & 8/7/19 a-19-799890-c|
|201907240003355||7/24/19||Judgment 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.
|201907170002971||7/17/19||Assignment 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.
|201907100002352||7/10/19||Akerman 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.|
|201906040000772||6/4/19||Assignment of Joel Stokes DEED of trust had no proper purpose, but served to cloud the title and attempted to cover the dirty money trail.|
|201906030001599||6/3/19||substitution/ reconveyance release of LIEN of Hansen DEED of trust to Joel Stokes|
|201905280002843||5/28/19||LIS pendens release of Nationstar’s LIS pendens by Joel & Sandra Stokes as trustees of Jimijack|
|201905230003531||5/23/19||DEED of trust Joel Stokes-$355,000 DEED of trust from civic financial services|
|201905060001022||5/6/19||LIS pendens Hansen trust/Tobin|
|201905010003348||5/1/19||DEED 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.
|201903080002790||3/8/19||Assignment 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.
|201903080002789||3/8/19||3/8/19 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
|201703310003073||3/31/17||Interest disclaimer lee/f bondurant filed 3/8/17 NSM 222-227|
|201703310003072||3/31/17||Interest disclaimer Lucas/ophomes filed 3/8/17 NSM 218-211|
|201703310003071||3/31/17||Interest disclaimer steve Hansen filed 3/28/17 NSM 212-217|
|201703300003860||3/30/17||Republic services released its 2nd garbage LIEN recorded 5/6/14 concealed by rrfs & NSM|
|201703300003859||3/30/17||Republic services released its 1st garbage LIEN recorded 9/23/13|
|201703280001452||3/28/17||DEED Gordon b Hansen trust, dated 8/22/08, 2 Nona Tobin, individual, NSM 208-211|
|201606070001450||6/7/16||LIS pendens re NSM 6/2/16 aacc vs Jimijack NSM 203-207|
|201605230001417||5/23/16||Request notice by Tobin 4 Hansen trust not disclosed by NSM|
|201605230001416||5/23/16||Certificate of INCumbency Nona Tobin 4 Hansen trust|
|201601130001051||1/13/16||LIS pendens re 1/11/16 complaint Nationstar vs opportunity homes|
|201512010003402||12/1/15||Judgment 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
|201508170001056||8/17/15||Substitution 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.
|201506090001545||6/9/15||DEED 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.
|201506090001537||6/9/15||DEED, 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.
reconveyance Wells Fargo 2nd open-ended deed of trust
|201502230000608||2/23/15||RPTT refund 2 Thomas Lucas|
|201501220001850||1/22/15||request notice Nationstar|
|201412010000518||12/1/14||Nationstar’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.
|201409090000974||9/9/14||On 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.|
|201408220002548||8/22/14||DEED HOA foreclosure 2 opportunity homes|
|201405060004357||5/6/14||LIEN 2nd garbage was recorded on 5/6/14 and released on 3/30/17|
|201402120001527||2/12/14||notice of 3/7/14 HOA sale|
|201309230001369||9/23/13||LIEN 1st garbage|
|201304080001087||4/8/13||default 2nd HOA notice of default,|
|201304030001569||4/3/13||notice of rescission of HOA 1st notice of default|
|201303120000847||3/12/13||default HOA 1st notice of default|
|201212140001338||12/14/12||LIEN $ 925.76 when $300 was due & owing|
|201204120001883||4/12/12||assignment mers 2 Bank of American by Bank of American|
|200808270003627||8/27/08||DEED 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.
|200705100001127||5/10/07||DEED 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|
|200409010007297||9/1/04||Declaration of Homestead by Gordon B. Hansen, an unmarried man|
|200408310007563||8/31/04||Sub 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.
|200408170002284||8/17/04||Reconveyance of 11/20/03 Wells Fargo $55,000 2nd DOT|
To Hansen .
The 11/20/03 lien was released on 8/17/04
|200407220003507||7/22/04||DEED 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,
|200311200004030||11/20/03||DEED of trust $55,000 Wells Fargo 2nd deed of trust to Gordon & Marilyn Hansen|
|200309100000588||9/10/03||DEED of trust assign 7/31/03 dot city first mortgage 2 washington mutual|
|200307310004444||7/31/03||DEED of trust Gordon & marilyn Hansen $310,600 1st dot from city first mortgage|
|200307310004443||7/31/03||power 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)
|200307310004442||7/31/03||DEED Del Webb 2 Marilyn & Gordon Hansen|
|200307310004441||7/31/03||Notice of completion|
- 2003 recorded claims
- 2004 recorded claims
- 2007 recorded claims
- 2008 recorded claims
- 2012 recorded claims
- 2013 recorded claims
- 2014 recorded claims
- 2015 recorded claims
- 2016 recorded claims
- 2017 recorded claims
- 2019 recorded claims
- 2020 recorded claims
- 2021 recorded claims
Nona Tobin’s administrative complaints
- 1/28/21 NCJD complaint to the Nevada Commission on Judicial Discipline vs. Judge Joanna Kishner
- “Recommendation to the Nevada Commission on Judicial Discipline”
- 3/14/19 AG complaint vs. Nationstar & Jimijack Irrevocable Trust
- 11/10/20 2nd AG complaint vs Nationstar; Akerman; Wright Finley Zak; Bank of America
- 12/16/20 complaint to the Mortgage Lending Division vs. Nationstar; Akerman; Wright Finley Zak; Bank of America
- 2/14/21 complaint to the State Bar of Nevada vs. Joseph Hong
- 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
- Nationstar’s 1/11/16 A-16-730078-C complaint Nationstar vs. Opportunity Homes
- Nationstar’s 6/2/16 AACC answer, affirmative defenses and counter-claim vs. Jimijack
- 2/20/19 Nationstar’s stipulation to voluntarily dismiss all its filed claims except against Jimijack.
- 5/31/19 Nationstar’s stipulation to voluntarily dismiss all its filed claims against Jimijack.
Nona Tobin’s unadjudicated pleadings in prior proceedings
- Summary of Nona Tobin’s unadjudicated pleadings
- Nona Tobin’s unadjudicated claims vs. Sun City Anthem
- Nona Tobin’s unadjudicated claims vs. Jimijack
- Nona Tobin’s unadjudicated claims vs. Yuen K. Lee dba F. Bondurant LLC
- Nona Tobin’s unadjudicated claims vs. Thomas Lucas dba Opportunity Homes LLC
- Nona Tobin’s unheard 8/7/19 quiet title & equitable relief, unjust enrichment & abuse of process complaint
Nona Tobin’s unadjudicated district court motions
- 3/3/17 Nona Tobin’s unheard motion to void the sale for statutory non-compliance
- Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. Jimijack Irrevocable Trust
- Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. all parties
- 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
- Nona Tobin’s unheard 6/17/19 motion to intervene as an individual
- 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)
- 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
- 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.
- 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
- 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
- 5/31/19 order denying motion to reconsider 4/18/19 order
- 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
- 9/4/19 order that denied Nona Tobin the right to appeal as an individual
- 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
- 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
- 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.
- 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.
- 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
- Exhibit 1: 2013 Nevada HOA Lien & Foreclosure Laws
- Exhibit 2: Limits on HOA Board’s authority to impose sanctions
- Exhibit 3: Limits on HOA agents’ & managers’ authority to act
- Exhibit 4: Limits on conveyance of real property
- Exhibit 5: Limits on Fraud and Racketeering
- Exhibit 6: Sanctions & damages
- Exhibit 7: Victim access to remedies
- Exhibit 8: Documentary evidence
- Exhibit 9: Declaratory Judgments
- Exhibit 10: Actions to determine conflicting claims to real property
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
- 2/9/18 Initial disclosures
- 2/7/19 1st supplemental disclosures
- 2/12/19 Nationstar 2nd supplemental disclosures NSM 258-403
- 2/27/19 Nationstar 3rd supplemental disclosures NSM 404-408
- 3/12/19 Nationstar 4th supplemental disclosures NSM 404-413
- 2/21/19 Nationstar response to Tobin Interrogatories
- 2/12/19 Nationstar 2nd supplemental disclosures NSM 258-403
- 2/27/19 Nationstar 3rd supplemental disclosures NSM 404-408
- 3/12/19 Nationstar 4th supplemental disclosures NSM 404-413
- 2/21/19 Nationstar response to Tobin Interrogatories
- 2/28/19 Nationstar 1st supplemental response to Tobin Interrogatories
- 2/28/19 Nationstar 1st supplemental response to Tobin Request for documents
EXHIBIT 3: DAVID OCHOA PROFFERED FOR SUN CITY ANTHEM
- 5/31/18 SCA Initial disclosures
- SCA 001-116 Sun City Anthem CC&Rs 2008 3rd restatement
- SCA 117-145 Sun City Anthem bylaws 2008 3rd restatement
- SCA 146-163 Sun City Anthem Rules and Regulations
- SCA 164-167 Sun City Anthem 2007 Red Rock Financial Services Debt Collection contract
- SCA 168-175 Sun City Anthem 2013 Delinquent Assessment Policy
- SCA 176-643 Red Rock Financial Services Foreclosure File redacted
- 2/11/19 SCA 1st supplemental disclosures
- 2/26/19 SCA response to Tobin interrogatories
- 2/26/19 SCA Response to Tobin Request for Documents
- 2/26/19 SCA response to Tobin Request for documents annotated
EXHIBIT 4: NONA TOBIN & THE HANSEN TRUST PROFFERED EVIDENCE
- 7/13/18 Nona Tobin & the Hansen Trust Initial disclosures
- 2/27/19 Nona Tobin & the Hansen Trust 1st supplemental disclosures
- “All statements under oath support Nona Tobin’s claims”
- Ombudsman’s contemporaneous log of HOA foreclosure notices
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
4/9/21 Nationstar & Wells Fargo filed an answer to Red Rock’s 2/16/21 complaint
Nona Tobin’s Pending Appeals of cases A-15-720032-C and A-19-799890-C
Prior 8th Judicial District Court actions
Register of Actions A-16-730078-C (consolidated in 2016 when Nona Tobin filed a motion to intervene)
9/6/20 order (NEOJ 10/8/20) to sanction Nona Tobin $3,455 for filing the complaint payable to Joseph Hong
Administrative Complaints have been rejected for lack of jurisdiction or deferred pending adjudication of A-21-828840-C by Judge Jessica K. Peterson
Link to 1/28/21 NCJD complaint to the Nevada Commission on Judicial Discipline vs. Judge Joanna Kishner
Link to 3/14/19 AG complaint vs. Nationstar & Jimijack Irevocable Trust
Link to 11/10/20 2nd AG complaint vs Nationstar; Akerman; Wright Finley Zak; Bank of America
Link to 12/16/20 complaint to the Mortgage Lending Division vs. Nationstar; Akerman; Wright Finley Zak; Bank of America
Link to 2/14/21 complaint to the State Bar of Nevada vs. Joseph Hong
Link to 2/16/21 complaint to the State Bar of Nevada vs. Brittany Wood
Prior district court civil actions did not adjudicate filed claims based on evidence
Link to Register of Actions A-16-730078-C Nationstar vs. Opportunity Homes LLC
Link to Case Summary A-15-720032-C Jimijack Irrevocable Trust vs. Bank of America and Sun City Anthem Community Association, Inc.
Link to case summary A-19-799890-C Nona Tobin vs. Red Rock Financial Services, Joel & Sandra Stokes as trustees of Jimijack, Jimijack Irrevocable Trust & Joel A. Stokes, an individual, Quicken Loans LLC and/or Inc. & Brian & Deborah Chiesi
The minutes of all hearings in the case summaries show that there were no evidentiary hearings and that neither Plaintiff, nationstar nor Jimijack, met their burden of proof.
Link to “Nationstar’s evidence was not examined“
Link to 3/8/21 Request for Judicial Notice of the Clark County official property records for APN 191-13-811-052 that shows the fraudulent claims that were recorded by Nationstar, Red Rock Financial Services, Joel A. Stokes, Jimijack Irrevocable Trust, Bank of America, Quicken Loans, Brian & Debora Chiesi.
Nationstar’s pleadings were unadjudicated
Nationstar voluntarily dismissed all its claims for quiet title and equitable relief without ever presenting a case or meeting its burden of proof that it owned any interest in the disputed Hansen deed of trust.
Nationstar’s only filed claims
Link to Nationstar’s 1/11/16 A-16-730078-C complaint Nationstar vs. Opportunity Homes
Link to Nationstar’s 6/2/16 AACC answer, affirmative defenses and counter-claim vs. Jimijack
Nationstar’s stipulations to dismiss disposed of ALL its claims
Nona Tobin’s unadjudicated district court motions
Link to 3/3/17 Nona Tobin’s unheard motion to void the sale for statutory non-compliance
Link to Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. Jimijack Irrevocable Trust
Link to Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. all parties
Link to Nona Tobin’s unheard 4/24/19 motion to vacate 4/18/19 order pursuant to NRCP 60(b)(3) and motion for summary judgment
Link to Nona Tobin’s unheard 6/17/19 motion to intervene as an individual
Link to Nona Tobin’s unheard 7/22/19 motion for a new trial pursuant to NRCP 54(b) and NRCP 59(a)(1)(A)(B)(C)(F)
Link to Nona Tobin’s unheard 7/29/19 motion to dismiss for lack of jurisdiction pursuant to NRS 38.310(2)
Orders that disposed Nona Tobin’s claims did not consider any evidence
Link to 8/11/17 order granting Opportunity Homes’s motion for summary judgment vs Nona Tobin and the Hansen Trust that was filed after order denying Opportunity Homes’s motion for summary judgment vs. Nationstar was entered on 6/22/17.
Link to 9/20/17 stipulation and order to dismiss Nona Tobin’s and the Hansen Trust’s 1/31/17 cross-claims, except for quiet title, and withdrawing her 3/3/17 motion to void the sale and SCA’s 3/31/17 opposition thereto pending the completion of NRS 38.310 mediation
Link to 6/24/19 order granting quiet title to Jimijack who had no deed, denying all the Hansen Trust’s claims, not just quiet title, expunging Nona Tobin’s lis pendens, and declaring the ruling binds non-party Nona Tobin as an individual
Link to 4/30/20 order that denied Nona Tobin any right to appeal the 11/22/19 order that declared her a non-party, as an individual, but which bound her to the rulings that excluded her and struck her filings unheard from the court record
Link to the 10/8/20 order that sanctioned Nona Tobin $3,455 to Joel A. Stokes’s attorney pursuant to EDCR 7.60 (1) and/or (3) for filing the A-19-799890-C complaint on 8/7/19, one week before the five-year statute of limitations, after being denied access to the A-15-720032-C 6/5/19 trial.
Link to the 11/17/20 order that sanctioned Nona Tobin $8,849 pursuant to NRS 18.010(2) on the grounds that her filing the A-19-799890-C complaint on 8/7/19, one week before the five-year statute of limitations, was unwarranted and for the sole purpose of harassing Quicken Loans & Brian & Debora Chiesi who recorded claims adverse to Tobin on 12/27/19 while Tobin had two recorded lis pendens.
Lik to 12/3/20 order that dismissed all Nona Tobin’s claims unheard pursuant to NRCP 12(b) (5), on the grounds of non-mutual claims preclusion, and NRCP 12(b)(6) for failure to join the HOA as a necessary party regarding the distribution of the excess proceeds.
Nona Tobin’s pending appeals to the Nevada Supreme Court
79295 Gordon B. Hansen Trust vs. Jimijack, Nationstar, Sun City Anthem, Yuen K. Lee dba F. Bondurant LLC
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
The Elements of Abuse of Process apply to all defendants in all related cases
Interpleader complaint was an abuse of process because Defendant Steven Scow named parties who don’t have a claim and because it was filed to obstruct the administration of justice in other cases that were improperly filed, the wrong parties were intentionally named and the correct ones intentionally omitted.
The attorneys in all the related cases have engaged in a massive fraud on the court, involving presenting false evidence,
1. Filing of a lawsuit made with ulterior purpose other than to resolve dispute
This interpleader complaint was filed for the corrupt purpose of continuing to obstruct a fair, evidence-based adjudication of Nona Tobin’s claims.
The defendants, jointly in concerted action and/or conspiracy, and each one separately,are utilizing this untimely, unwarranted, and harassing interpleader complaint in the corrupt attempt to moot the appeals of their non-meritorious claims in cases A-15-720032-C and A-19-799890-C.
Defendants improperly utilized this and the multiple related civil actions intended to the quiet title following a disputed 2014 HOA foreclosure. Their corrupt purpose was to get the court to bless their clients’ theft of Nona Tobin’s property, and the attorneys of those engaged in racketeering, conspired to cover it up.
Civil actions have been used to steal from Nona Tobin
- Attorneys have presented false evidence, withheld evidence, falsified documents to cover up FirstService Residential dba Red Rock Financial’s predatory debt collection that led to the secret foreclosure sale.
- Attorneys have presented false evidence, withheld evidence, falsified documents, to cover up Steven Scow’s, and other conspirators’ misappropriation of the proceeds o of many secretly-conducted sales.
- Joseph Hong and Melanie Morgan conspired to engineer an ex parte meeting with Judge Kishner in order to derail Nona Tobin’s case.
- Nationstar recording false claims to the title of the subject property to abuse the quiet title litigation process to get a court-sanctioned theft of Nona Tobin’s property.
- Joseph Hong conspired with others to conceal that Jimijack’s void deed had no legal capacity to hold or transfer title.
- Brittany Wood conspired with others not having an admissible deed and then fraudulently conveying it to one of the trustees as an individual.
- Joseph Hong’s and Melanie Morgan’s negotiating a fraudulent deal to steal Nona Tobin’s property that was represented to the court as a Nationstar-Jimijack settlement of all claims, but was actually a contract between non-parties to the litigation.
- Brittany Wood misrepresenting the court record, the facts and the law, in order to evade detection that her clients’ had knowingly received Tobin’s fraudulently conveyed property.
2. Wilfull act in the use of legal process not proper in the regular conduct of the proceeding
Steven Scow named five defendants in the interpleader complaint when he knew that four of those defendants had already recorded releases of their claims.
Link to Nona Tobin’s 3/15/21 Request for Judicial Notice of the Clark county Recorder’s Office records for APN 191-13-811-052.
Steven Scow’s allegations in the complaint were false and were for the corrupt purpose of evading detection that he misappropriated the proceeds of this 8/15/14 foreclosure sale and a dozen other Sun City Anthem foreclosures that were secretly, and without legal authority, conducted by Red Rock Financial Services in 2014.
Steven Scow has unlawfully retained the proceeds from multiple HOA foreclosures in an unauthorized, unaudited attorney trust account.
Link to Sun City Anthem bylaws 3.20/3.18 (annotated) prohibition of the delegation of certain Board duties and the Board’s loss of control of funds collected for the benefit of the HOA
3. Damages as a direct result of the abuse
Steven Scow filed the interpleader action more than six years after he failed to distribute the $57,282.32 excess proceeds from the 8/15/14 sale
Nevada law required the proceeds to be distributed after the sale
The HOA foreclosure sale was conducted on 8/15/14, and the 2013 statutes applied.
Link to NRS 116.3116-NRS 116.31168 (2013) – the applicable 2013 NRS provisions governing HOA foreclosures
Mortgage servicing fraud is many big bank’s business model
In this case, however, Nationstar’s mortgage servicing fraud normal tactics weren’t available so it chose to use co-conspirator attorneys, to abuse the quiet title litigation process.
Link to 12/7/20 National settlement of all Attorneys Generals’ mortgage servicing complaint vs. Nationstar
Link to 2012 National mortgage settlement with Bank of America
Link to 2012 National mortgage settlement with Wells Fargo
I, Nona Tobin, under penalty of perjury, state as follows:
I have personal knowledge of the facts stated herein, except for those facts stated to be based upon information and belief. If called to do so, I would truthfully and competently testify to the facts stated herein.
I am submitting the documentary evidence based on my personal knowledge, research, analysis, and/or experience.
I was forced into this litigation because Sun City Anthem attorney David Ochoa unilaterally obstructed my access to SCA CC&Rs XVI: Limits on Litigation alternative dispute resolution
See my 3/22/17 offer to settle at no cost to me or to the HOA that David Ochoa rejected, upon information and belief, based on his own imaginary authority or through consultation with HOA community managers, Sandy Seddon and/or Lori Martin.
My involvement with the courts in Nevada has 100% been a thus-far futile attempt to regain title to a house that was wrongly foreclosed and secretly sold by Red Rock Financial Services on 8/15/14, three months after I had approved a sale to the high bidder on auction.com.
Upon information and belief, the extreme abuse to which I have been subjected is only understandable if the opposing counsels are aiding and abetting their clients’ criminal actions, covering up their clients’ misdeed, and/or for their own unjust enrichment.
I have made the following videos and posted them on You-tube in an effort to simplify and publish the massive amount of evidence I have to support my claims that heretofore these attorneys have successfully suppressed and blocked from judicial scrutiny.
VIDEO 1:20-minute VIDEOHow 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 in district court cases A-15-720032-C, A-16-730078-C, or A-19-798990-C
7:39-minute VIDEO “Complaint to the Nevada Commission on Judicial Discipline vs. Judge Kishner”
2:08-minute VIDEO “Is justice blind or is it just blinded by power or pals?
1:44-minute VIDEO “Please Judge Johnson”
3:50-minute VIDEO “What evidence supports Nona Tobin’s claims?” – Craig Leidy declaration”
1:56-minute VIDEO “All declarations under penalty of perjury support Nona Tobin”
“When all statements under oath support Nona Tobin, why does she keep losing?” 3-page blogpost with links to all declarations made under penalty of perjury.
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.
2:48-minute VIDEO “Who started it?
5:53-minute VIDEO “Joseph Hong’s big ex parte lies”
1:41-minute VIDEO “Plaintiffs did not meet their burden of proof”
6:33-minute VIDEO “Nationstar lied about being owed $389,000”
1:22-minute VIDEO “Joseph Hong dupes Judge Johnson”
1:33-minute VIDEO “Judicial Jiu-Jitsu is fraud on the court”
3:09-minute VIDEO “Nationstar kept changing its story to cover up the lie”
2:05-minute VIDEO “Failure of Nevada civil courts to address white collar crime”
17:53-minute VIDEO “Specific evidence of fraud against Nationstar”
2:46-minute VIDEO “How Nationstar & Jimijack tricked the court into excluding all evidence”
1:37-minute VIDEO “Nevada state courts are rigged”
3:58-minute VIDEO “Remember Joseph Hong?”
3:36-minute VIDEO “Why did Quicken secure a house that was already mortgaged?
2:24-minute VIDEO “What does it take to get disbarred in Nevada?”
2:59-minute VIDEO “Nationstar plays the IOU trick to steal from Nona Tobin”
1:52-minute VIDEO “What kind of legal entity is Jimijack Irrevocable Trust?”
1:01-minute VIDEO “What is Jimijack Irrevocable Trust?”
4:52-minute VIDEO “How lenders cheat owners out of their houses”
6:18-minute VIDEO “Nationstar and Joel Stokes stole my $500,000 house”
0:50-minute VIDEO “10 reasons why to sanction Joseph Hong”
7:39-minute VIDEO “Complaint to the Nevada Commission on Judicial Discipline vs. Judge Kishner”
1:01-minute VIDEO “A Simple Fable: Nationstar’s & Jimijack’s duel to the death“
Actual damages to me personally
The consequences of this successful fraud perpetrated primarily by attorneys:
- The title to a $500,000 house was taken from me by a fraudulently conducted-unnoticed foreclosure sale,
- Nationstar stole from me the $389,000 outstanding Western Thrift & Loan debt of deceased borrower Gordon Hansen that I did not owe to anyone and was not owed to Nationstar by anyone,
- Joel and Sandra Stokes kept $100,000+ in over five years of rental profits that belong to me,
- 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
- 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.
2:38-minute VIDEO “What happened after Sun City Anthem refused Nona Tobin’s 2017 offer to settle?“
I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.
Dated this 21st day of March 2021,
Link to 2020 court hearings Part 1
Link to 2/16/21 online complaint receipt to the Nevada Bar vs. Brittany Wood
Office of Bar Counsel stated this complaint must be handled by a judge
Link to 3/4/21 rejection letter
Implicated Nevada Rules of Professional Conduct
Rule 3.1. Meritorious Claims and Contentions. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.
Brittany Wood filed these unwarranted, meritless motions, joinders, and requests into A-19-799890-C to unfairly get Nona Tobin’s claims dismissed with prejudice for no proper purpose as to her clients had a simple remedy of making a title insurance claim.
7/6/20 RFJN pages 1-4 is the exhibit list of documents in the Chiesi/Quicken request for judicial notice
Chiesi/Quicken wrongly prevailed by 12/3/20 NODP notice of dismissal with prejudice that expunged three lis pendens to cover up that her clients were not bona fide purchasers nor innocent third parties
Link to NRS 111.180
NRS 111.180 Bona fide purchaser: Conveyance not deemed fraudulent in favor of bona fide purchaser unless subsequent purchaser had actual knowledge, constructive notice or reasonable cause to know of fraud.
1. Any purchaser who purchases an estate or interest in any real property in good faith and for valuable consideration and who does not have actual knowledge, constructive notice of, or reasonable cause to know that there exists a defect in, or adverse rights, title or interest to, the real property is a bona fide purchaser.
2. No conveyance of an estate or interest in real property, or charge upon real property, shall be deemed fraudulent in favor of a bona fide purchaser unless it appears that the subsequent purchaser in such conveyance, or person to be benefited by such charge, had actual knowledge, constructive notice or reasonable cause to know of the fraud intended.
Link to NRS 14.017
Brittany Wood knows that no claims in prior proceedings were fairly adjudicated
NSM and Jimijack prevailed without adjudication
Nationstar claims and dispositions (260 pages of filed documents – 1/11/16 COMP, 6/2/16 AACC, 3/25/19 RCCM, 2/20/19 NTSO, 3/12/19 ANEO, and 5/31/19 SODW)
Nationstar prevailed without proof (29 pages links/screenshots)
Nationstar’s evidence was never examined (7 pages linked analysis of 3/12/19 4th supplemental list of disclosures)
Brittany Wood would also have seen, if she had looked, that nobody’s claims were adjudicated fairly in the prior proceedings, i.e., Nationstar never put on a case, never went to trial and prevailed despite dismissing all its claims without adjudication.
Jimijack claims dispositions (21 pages filed documents )
Tobin claims dispositions TOC (9 pages links/screenshots)
Tobin vs. Jimijack (59 pages filed documents 2/1/17 AACC, 3/13/17 RCCM, 6/24/19 NEFF)
Tobin vs. Lee (45 pages filed documents 2/1/17 CRCM, 3/13/17 XCAN, 6/24/19 NEFF)
Ex parte meeting with Judge Kishner resulted in Nona Tobin’s dispositive motions not being heard
STRICKEN SUA SPONTE BY BENCH ORDERS AT 4/23/19 EX PARTE HEARING
- 4/9/19 Tobin/Hansen Trust Notice of completion of mediation
- 4/9/19Tobin Notice of appearance to return to Pro Se status
- 4/10/19 Tobin Opposition to Nationstar’s motion for summary judgment against Jimijack and countermotion for summary judgment
- 4/12/19 19 Tobin notice of appearance to return to Pro Se status as an individual (duplicate filed in error)
- 4/12/19 Tobin/Hansen Trust Notice of completion of mediation (duplicate filed in error)
- 4/12/19 Tobin OPPC vs Nationstar and Jimijack (duplicate filed in error)
- 4/17/19 Tobin reply to support joinder to Nationstar motion for summary judgment
4/23/19 bench orders were not formalized until 11/22/19 order was entered five months after the trial I was excluded from:
Judge Kishner also refused to hear or consider Nona Tobin’s post-trial Pro Se motions that were stricken by granting improper motions by Joseph Hong (8/7/19 RESP/MSTR/MAFC) for counter- defendants and David Ochoa for cross- defendant HOA (8/8/19 RESP/JMOT) at the 9/3/19 hearing
- 7/22/19 MNTR motion for a new trial per NRCP 54(b) and NRCP 59(a)(1)(A)(B)(C)(F)
- 7/29/19 MTD Tobin Pro Se motion to dismiss Judge Kishner’s order granting quiet title to Jimijack for lack of jurisdiction per NRS 38.310(2)
- 8/7/19 NOLP 39-page Notice of Lis Pendens of case not in Judge Kishner’s court expunged from the property record by Judge Kishner granting the motion to strike by the HOA that had no adverse claim to Tobin for the title
- 8/26/19 FFCO Tobin Pro Se proposed findings of fact and order to grant Tobin motion to dismiss for lack of jurisdiction
- 8/8/19 LISP 7-page recorded Lis Pendens was expunged by 11/22/19 order although to do so was outside of Judge Kishner’s jurisdiction
Brittany Wood knows that her co-conspirators prevailed by deceit
Brittany Wood knows that the Nationstar-Jimijack settlement was fraudulent
Rule 3.4 Fairness to opposing party
Rule 3.4. Fairness to Opposing Party and Counsel. A lawyer shall not: (a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value.
Brittany Wood did not explain how her clients would have been prejudiced if Nona Tobin’s claims had been heard on their merits, and yet she took aggressive actions, including gross misrepresentations of the property record, the court record, and the law and ensure that ALL Nona Tobin’s claims, even those to which her clients held no interest, were dismissed with prejudice and ALL her evidence suppressed.
Brittany Wood suppressed the preliminary title report and proof of title insurance
Wood misrepresented the property record to obscure her clients’ wrongdoing at Nona Tobin’s expense
Wood concealed all property records related to the fraudulent actions dispute between Nona Tobin accused Nationstar and Joel Stokes
She deliberately excluded from the 7/6/20 Request for Judicial Notice ALL of the assignments related to the Hansen deed of trust that are germane to Tobin’s case against Nationstar and Joel Stokes.
4/22/04 Hansen deed of trust assignments are all disputed and none were included in Wood’s request for judicial notice
4/12/12 ASSIGN MERS to BANA by BANA
9/9/14 ASSIGN BANA to Wells Fargo by BANA
12/1/14 ASSIGN BANA to Nationstar by Nationstar
3/8/19 RESCIND 12/1/14 BANA to Nationstar by Nationstar
3/8/19 ASSIGN Wells Fargo to Nationstar by Nationstar
6/3/19 RECONVEY Hansen DOT to Joel Stokes – not to Nona Tobin, the personal representative of the borrower’s estate – by Nationstar
Brittany Wood knew that Jimijack’s deed was void
6/9/15 DEED Jimijack defective VOID deed was in Wood’s Exhibit 7 even though Brittany Wood knew that Jimijack’s deed had no legal capacity to hold or transfer title was inadmissible per NRS 111.345 and that all subsequent transfers were also void
Link to 1/17/17 Tobin DECL declaration re Jimijack’s defective deed
Brittany Wood knew that Jimijack’s 5/1/19 transfer of title was void as Jimijack had no valid interest to convey
5/1/19 DEED fraudulent conveyance of title from Jimijack to Joel Stokes five weeks bfore the trial to evade detection by Judge Kishner that both the Hansen Trust’s 8/27/08 deed or Nona Tobin’s 3/28/17 deed were superior to Jimijack’s deed for which no notary record exists.
Jimijack to Joel Stokes deed was recorded five weeks before the trial and without Judge Kishner ever admitting it into evidence despite NRS 111.345, but it is in Wood’s Exhibit 15.
Brittany Wood knowingly misrepresented Nona Tobin’s deed as”a wild deed outside the chain of title.”
Wood deliberately damage Nona Tobin, and obstructed her case from being heard, by misrepresent the 3/28/17 recorded deed, as an individual, to falsely represent to the court that this deed was inadequate to give Nona Tobin standing to pursue an NRS 40.010 claim.
Why then falsely claim that I had recorded a wild deed? (7/6/20 JMOT, page 6)
Nona’s authority to close the Gordon B. Hansen Trust and execute a deed to transfer its sole asset to the sole remaining beneficiary has been uncontradicted in the Clark County official property record since 2017.
Brittany Wood advocated vigorously for the preposterous argument that Nona was in privity with herself as trustee of a trust that was closed in 2017 as if there was only one element to claims preclusion and not four.
Brittany Wood assiduously ignored Jimijack’s obviously defective deed because she knew that the Chiesi deed is the fruit of the poison Jimijack deed tree.
Brittany Wood condoned the covert transfer of Jimijack’s defective deed to non-party Joel A. Stokes before the trial solely because she knew that Jimijack’s deed was void and that all subsequent transfers were void.
Jimijack’s 6/9/15 deed is void. Joel Stokes’ 5/1/19 deed is void. Wood’s clients’ 12/27/19 deed is also void
12/27/19 DEED Joel A. Stokes to Brian and Debora Chiesi
Implicated Statutes Fraudulent Conveyances
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.
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.
NRS 111.175 Conveyances made to defraud prior or subsequent purchasers are void. Every conveyance of any estate, or interest in lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made and created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents or profits, as against such purchasers, shall be void.
Berge v. Fredericks, 95 Nev. 183, 186 (Nev. 1979) (“However, a party claiming title to the land by a subsequent conveyance must show that the purchase was made in good faith, for a valuable consideration; and that the conveyance of the legal title was received before notice of any equities of the prior grantee.”)
“In cases of this kind it is seldom, if ever, possible to prove fraudulent intent by direct evidence, hence it is necessary to resort to circumstantial evidence. Badges of fraud are infinite in number and form. 27 C.J. 483, 822.” S.G. R. Bank v. Milisich, 48 Nev. 373, 376-77 (Nev. 1925)
Badges of fraud
Excerpt from Dec 17, 2018 Post by AssetProtectionAttorneys
A transfer is considered fraudulent if made with actual intent to hinder, delay, or defraud any creditor of the debtor. There’s no bright-line rule here. A judge looks for indicia or “badges” of fraudulent intent. A judge has broad discretion in determining whether the presence of one or more badges indicates a transfer was fraudulent.
Webinar Rebroadcast: Avoiding the Badges of Fraudulent Transfers
Furthermore, the standard of proof that must be met to indicate fraudulent intent is not the “beyond a shadow of a reasonable doubt” standard of criminal trials. But rather it is the less rigorous “preponderance of evidence” standard of civil litigation. The potential badges you should avoid include:
1. The transfer or obligation to an insider:
This may, or may not, be a factor in determining whether there was a fraudulent transfer. For example, it’s common business practice for someone to transfer personal property to a business they control (such as an LLC, LP, or a closely held corporation) in order to capitalize it. Such a transfer, if done while creditor seas are calm, will almost certainly not be considered fraudulent, especially if the transferor receives an interest in the company equivalent to their capital contribution. On the other hand, transferring real estate to one’s uncle the week before a lawsuit commences will likely be considered fraudulent.
2. The debtor retained possession or control of the property transferred after the transfer:
This may or may not be a factor in a fraudulent transfer case. For example, although a lien is a transfer of equity, mortgaged real estate typically remains in the owner’s possession as a matter of standard business practice. In contrast, placing one’s home in an international trust and then continuing to live in it rent-free is more likely to be seen as a fraudulent transfer.
3. The transfer or obligation was concealed:
See the comment for badge of fraud (7) below.
4. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit:
Some transfers (such as a gift to an insider) are very vulnerable to a fraudulent transfer ruling if they occur after a creditor threat arises. At the same time, no judge would expect you to stop your normal business activities once you’ve been sued, especially considering that a lawsuit may drag out for years. Of course, some business activities may involve transfers of assets.
Consequently, if you are facing a lawsuit, it’s important to transfer property so there is a plausible reason for the transfer, besides trying to protect assets. For example, by taking money and investing it in an LLC, you can protect the money while honestly claiming that you were only engaging in a business venture, instead of trying to defeat a creditor. At the same time, your claim of having a valid business purpose may be insufficient if other badges point to the fact that you transferred the asset to hinder, delay, or defraud your creditors.
7. The debtor removed or concealed assets:
Oftentimes, there’s a good reason for financial privacy, besides trying to defeat a creditor. Depending on your reasons, it may not be safe to conceal assets while the creditor seas are calm. However, this is usually not a good idea once one is threatened by creditors. Remember: everything can and will usually be revealed in court, and privacy is more for lawsuit prevention than anything else. Above all, remember that no plan should rely exclusively on secrecy and that improper (but not all) financial privacy measures are usually considered a badge of fraud.
Above all, remember a judge must determine whether a particular transfer was undertaken to cheat a creditor. If there’s not a plausible economic reason for a transfer, and if the transfer is not a part of “business as usual”, then it might not stand up if challenged in court. Such transfers will almost always carry at least one badge of fraud.
Brittany Wood ignored all the lis pendens
She did not include any of the lis pendens in the RFJN that show both that her clients recorded claims adverse to mine while lis pendens were on record, but also the Joel and Sandra Stokes released a lis pendens that wasn’t theirs.
Lis Pendens exhibit (76 pages) shows all the recorded and released lis pendens that Brittany Wood failed to acknowledge when she got Judge Johnson to expunge Tobin’s lis pendens as if they had never existed.
The only purpose for this order was to cover-up criminal actions, and Brittany Wood knows it.
More implicated professional ethics standards
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
Rule 4.1. Truthfulness in Statements to Others. In the course of representing a client a lawyer shall not knowingly:
(a) Make a false statement of material fact or law to a third person; or
(b) Fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.
Rule 4.4. Respect for Rights of Third Persons.
(a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
MAINTAINING THE INTEGRITY OF THE PROFESSION
Rule 8.3. Reporting Professional Misconduct.
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
Rule 8.4. Misconduct. It is professional misconduct for a lawyer to:
(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) Engage in conduct that is prejudicial to the administration of justice;
(f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.
What is the dispute with Nationstar?
The dispute is over a $436,000 Western Thrift & Loan Deed of Trust (DOT) executed by Gordon Hansen on 7/15/04. Nationstar serviced the loan beginning on 12/1/13 on behalf of an investor NSM refused to identify.
On 12/1/14, Nationstar recorded a claim that Nationstar was owed the $389,000 balance that remained outstanding after the borrowerʼs death.
Link to Nationstar’s 12/1/14 claim
That Nationstar rescinded its provably false, opportunistic claim didn’t stop Nationstar from stealing a house for a debt it was not owed.
Laws implicated when considering appropriate sanctions for Nationstar and its attorneys
BANK FRAUD/RACKETEERING/RECORDING FALSE CLAIMS
- NRS 205.330 Fraudulent conveyances.
- NRS 205.372 Mortgage lending fraud; penalties; civil action.
- NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.
- NRS 205.380 Obtaining money, property, rent or labor by false pretenses.
- NRS 205.395 False representation concerning title; penalties; civil action.
- NRS 205.405 Falsifying accounts.
- NRS 207.360 “Crime related to racketeering” defined.
- NRS 207.400 Unlawful acts; penalties.
- NRS 207.470 actions for damages resulting from racketeering.
- NRS 207.480 Order of court upon determination of civil liability.
- NRS 207.520 Limitation of actions.
CONFISCATION OF PROPERTY WITHOUT FORECLOSING
(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
No bank foreclosure was ever initiated on the Hansen deed of trust. Nationstar just stole it.
Neither servicing bank, (Nationstar succeeded Bank of America as servicing on 12/1/13) foreclosed on the Hansen DOT even though it was in default after Hansen died on 1/14/12.
Had Nationstar been the beneficiary of the DOT, it would have foreclosed or collected the debt by allowing the property to be sold at fair market value. NSM did not record a notice of default on the Hansen DOT.
Nationstar did not allow the property to be sold to MZK for $367,500 on 5/8/14. Nationstar did not complain when RRFS rejected its 5/28/14 super-priority offer of $1100 to close the MZK escrow.
Nationstar allowed the property to be sold for $63,100 while a $358,800 was pending lender approval .
Then, three months after the HOA foreclosed to collect $2,000 in delinquent HOA dues, NSM claimed that Bank of America gave NSM the Hansen DOT on 10/23/14.
Nationstar recorded and filed false claims and dismissed all its claims without adjudication
Link to Plaintiff Nationstar’s 1/11/16 complaint
Link to Nationstar’s 2/20/19 stipulation to dismiss its claims
Link to Nationstar’s 4/12/16 motion to substitute as real party in interest, set aside default and intervene
Link to Nationstar’s only other filed claims: 6/2/16 AACC claims against Jimijack
Nationstar did not file any claims against Nona Tobin or against the Hansen Trust
Nationstar never refuted any of the claims Nona Tobin asserted against Nationstar, but got away with it by lying to the court
Link to 4/10/19 Nona Tobin opposition to Nationstar’s motion for summary judgment vs Jimijack and motions for summary judgment that was stricken from the record unheard due to Nationstar’s attorney Melanie Morgan’s ex parte misrepresentations to Judge Kishner
Link to 4/17/19 Nona Tobin reply in support of joinder to Nationstar’s motion for summary judgment vs Jimijack and motions for summary judgment that was stricken from the record unheard due to Nationstar’s attorney Melanie Morgan’s ex parte misrepresentations to Judge Kishner
Link to 7/22/19 Nona Tobin motion for a new trial pursuant to NRCP (b) and NRCP 59(a)(1)(A)(B)(C)(F) that was stricken from the record unheard due to ALL opposing counsels’ misrepresentations to Judge Kishner
Link to 7/29/19 Nona Tobin motion to dismiss Judge Kishner’s orders for lack of jurisdiction for Nationstar’s and Jimijack’s noncompliance with NRS 38.310 that was stricken from the record unheard due to ALL opposing counsels’ misrepresentations to Judge Kishner
Link to unheard 4/24/19 MVAC & MSJ Nona Tobin motion to vacate Judge Kishner’s 4/18/19 order that granted Nationstar’s limited joinder to the HOA’s unwarranted motion for summary judgment pursuant to NRCP 60(b)(3) fraud on the court and motion for summary judgment vs. all parties that languishes on the record unheard due to ALL opposing counsels’ misrepresentations to Judge Kishner about Nona Tobin’s right to represent herself.
Nationstar prevailed despite ALL declarations under penalty of perjury support Nona Tobin and not Nationstar, by tricking the court into ignoring all the evidence, such as…
EXHIBITS TO 5/23/19 TOBIN RPLY TO
Exhibit “1”; April 20, 2019 Tobin declaration
Exhibit “3” May 20, 2019 Proudfit declaration
Exhibit “5” No valid Board authorization for sale
Exhibit “6” Proposed Findings of Fact
Exhibit “8” 2nd NOS for two sales but not for 2763
Exhibit “10” April 12, 2019 MSJ v. Jimijack
No affidavits support Nationstar’s claims, but so what?
In its 3/27/17 OMSJ, Nationstar claimed that on 12/1/14 Wells Fargo had given NSM the DOT. This was supported by a duplicitous declaration regarding business records.
Link to 3/8/19 Nationstar rescission of its 12/1/14 claim that Bank of America assigned its interest to Nationstar
In February 2019, Nationstar refused to produce any documents in response to Tobinʼs RFDs and interrogatories to prove any of its claims.
On 3/8/19, Nationstar recorded that it rescinded its 12/1/14 claim that it got its interest from Bank of America, and then two hours later recorded that it had Wells Fargoʼs undisclosed power of attorney to give Nationstar the authority to assign Wells Fargoʼs non-existent interest to Nationstar.
Nationstar produced no proof that it owned the Hansen DOT during two lawsuits over the validity of the HOA sale.
All the evidence Nationstar entered into the record actually proved the opposite, but it was never subjected to judicial scrutiny Nationstar.
The real owner of the Hansen DOT would have supported Tobinʼs efforts to void the sale so the DOT would not have survived as it the sale had never happened.
Tobin and Nationstar were initially aligned to get the court to void the HOA sale until Nationstar learned that it would be impossible to foreclose on Tobin since Tobin had put it into the record that she had documents that could prove NATIONSTAR did not have the standing to foreclose.
Nationstarʼs covert deal with Joel Stokes was solely to prevent the Court from conducting an evidentiary hearing that would have exposed the inconvenient truth that neither Nationstar nor Stokes could prove their claims.
Nationstar was excused from trial by saying all claims had been resolved by Nationstar-Jimiack settlement.
Link to Nationstar-Jimijack “settlement which was really a $355,000 deal between Civic Financial services and Joel Stokes
The HOA wrongly foreclosed, but not without Nationstarʼs assistance.
The banks could have stopped the HOA from foreclosing by recording a Notice of Default (NRS 116.31162(6)).
The HOA sale should have been cancelled when BANAʼs agent tendered $825 on 5/9/13 to cure the nine months that were then delinquent.
The HOA sale would have been avoided if the serving banks had not prevented four escrows from closing as escrows instructions were to pay the HOA whatever it demanded.
The HOA sale would have been avoided if Nationstar had not rejected the 5/8/14 $367,500 www.auction.com sale to MZK Properties.
Nationstar, the servicing bank that is supposed to be a fiduciary, acting on behalf of the investor, turned a blind eye to an 8/15/14 HOA sale for 18% of the $367,500 www.auction.com sale price that Nationstar had just rejected.
NATIONSTAR does not hold the original Hansen promissory note.
NSM 258-259 is a COPY of the Hansen promissory note that Nationstar entered into the record to trick the Court.
NSM does not have Hansenʼs original note, but NSM tried to conceal that fact by disclosing a COPY in NSM 258
3/27/17 NSM filed a DECL that misrepresents its servicing bank record to deceive the court that NSM had no proof it owned the DOT
All Nationstar’s and Bank of America’s recorded actions affecting the Hansen deed of trust are fraudulent
All Nationstar’s disclosures in discovery were deceptive and fraudulent
Link to 3/12/19 Nationstar 4th supplemental disclosures (served two weeks after discovery ended on 2/28/19)
Nationstar refused to produce any documents requested in discovery
Wells Fargo did not assign anything to Nationstar.
Page 7 is Morgan’s totally deceptive ploy to obfuscate the fact that Nationstar has no valid claim to be the beneficiary.
Servicing banks (those that handle the paperwork on behalf of the “beneficiary” who is the investor to whom the debt is actually owed).
The dispute with Nationstar is not because Nationstar wrongly foreclosed on the Hansen deed of trust.
The dispute is caused by:
- Both BANA & Nationstar obstructing multiple fair market value, arms-length sales, approved by the Hansen Estate.
- Nationstar’s letting the HOA foreclose without notice for 18% of the $367,500 www.auction.com sale that Nationstar had just rejected, and then
- After the Hansen DOT was extinguished by the HOA foreclosure, Nationstar lied on the record about being owed the $389,000 outstanding balance on Hansenʼs DOT.
- According to NRS 107.28, (2.) A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080, but Nationstar claimed to be both the beneficiary and the trustee – when it was neither – and reconveyed the property to Joel Stokes on 6/3/19 to steal the house from Nona Tobin
- The Clark County Recorderʼs Office Property Record shows NSM began recording conflicting claims on 12/1/14, more than three months after the HOA sale.
- Nationstar lied in its 1/11/16 complaint to say that some unspecified entity had assigned its interest to Nationstar on 2/4/11
- BANA & NSM recorded 11 claims regarding the Hansen DOT, but neither ever recorded a Notice of Default, the mandatory condition precedent to the trusteeʼs executing the power of sale on behalf of the beneficiary.
- No bank has the right to confiscate a property without foreclosing by following the notice and due process steps defined in NRS 107.080, as amneded by AB 284 (21011), Nevada’s anti-foreclosure fraud law.
Link to Nationstar’s former attorney Robin Wright’s white paper on the affidavit requirements of AB 284 (2011)
Link to ANTI-FORECLOSURE FRAUD LAW AB 284 (2011) and legislative digest
Links to exhibits to 2nd complaint to the Nevada Attorney General
- 12/1/14 Assignment Nationstar – no power of attorney – executed B of A to Nationstar assignment of the 7/22/04 Hansen deed of trust
- NSM 258-260 Nationstar disclosed it did not have the original Hansen promissory note, and the copy of the note it had was not endorsed to Nationstar
- 2/20/19 SODWOP Nationstar dropped all its quiet title claims against all parties except Jimijack (1/11/16 COMP in A-16-730078-C) without adjudication or any judicial scrutiny of evidence.
- 2/2819 RESP Pg 6 Nationstar admitted in response to interrogatories that it was not the beneficiary of the Hansen deed of trust; it was just the servicing bank for non-party Wells Fargo who has never claimed to be the beneficiary of the Hansen deed of trust. On page 7, the verification only included that Nationstar was the servicer and was signed by a previously unknown person of unknown authority.
- 3/8/19 Rescission Nationstar – no power of attorney – rescinded 12/1/14 B of A to Nationstar assignment of the 7/22/04 Hansen deed of trust which means that Nationstar had no recorded claim to give it standing to be in either cases A-15-720032-C or A-16-730078-C and is judicially estopped from claiming that it was the owner of the Hansen deed of trust during all relevant times or ever.
- 3/8/19 Assignment Nationstar – no power of attorney – executed Wells Fargo to Nationstar assignment of the 7/22/04 Hansen deed of trust
- 3/14/19 AG 2-2019 Complaint to the AG that was allegedly served on Melanie Morgan
- 3/18/19 NITD Nationstar three-day notice to take default against Jimijack since Jimijack did not answer the 6/2/16 AACC
- 3/21/19 MSJ Nationstar filed an MSJ against Jimijack and not against Nona Tobin, the HOA or the Gordon B Hansen Trust
- 4/10/19 OPP/MSJ Tobin opposition to Nationstar’s MSJ as Nationstar did not own the beneficial interest of the Hansen deed of trust; and the HOA sale was void in its entirety so foreclosure would have to have been against Tobin for any lender; plus Jimijack’s deed was void per NRS 111.345.
- 4/9/19 NRS 38.310(2) Notice of completion of mediation by Tobin/Hansen Trust when neither Jimijack nor Nationstar had complied with NRS 38.310 so the court lacked jurisdiction to grant them relief sought.
- 4/12/19 NS Jimijack (who didn’t have a valid deed never filed any claims against Nationstar or against Tobin or the Hansen Trust) prevailed in the quiet title case by “settling” out of court with Nationstar in a fraudulent deal that excluded Tobin and the Hansen Trust. Judge Kishner never examined any evidence to support their claims (Judge Kishner held 42 hearings, but never examined any evidence.)
- 4/17/19 TOC exhibits 600 pages of evidence to support Tobin’s claims that were stricken from the record unheard by bench orders at the 4/23/19 ex-parte hearing.
- 4/19/19 RESP Nationstar convinced the court that it was ok for Nationstar and Jimijack to settle the quiet title dispute without the court examining any evidence because Nationstar and Tobin/ Hansen trust weren’t really opposing parties.
- 4/23/19 NWM Nationstar dropped its motion for summary judgment against Jimijack without Jimijack filing an opposition (that Judge Kishner required to be filed by 4/26/19 on her 4/12/19 order continuing the hearing to 5/7/19and convinced Judge Kishner that was the end of the case because she had granted the HOA’s motion for summary judgment (based on no evidence) and Nationstar’s limited joinder (based on no evidence and explicitly contrary to the Hansen deed of trust PUD rider Remedies (f) (NSM 160) that prohibits the use of tender of delinquent HOA assessments as a de facto foreclosure.
- 4/23/19 Transcript Nationstar & Jimijack’s attorneys, Melanie Morgan & Joseph Hong met with Judge Kishner ex-parte after serving notice that the hearing was continued on 4/15/19 (SAO) and 4/22/19 (NTSO) in order to get Nona’s pro se motions and notices stricken unheard from the record to make a fraudulent “settlement”.
- 5/23/19 DOT annotated Neither Nationstar nor Jimijack are parties to $355,000 deed of trust executed & recorded on 5/23/19 by nonparties Joel A Stokes & Civic Financial Services
- 4/23/19 video
- 4/23/19 minutes
- 5/1/19 DEED Joel & Sandra Stokes as trustees of Jimijack dumped Jimijack’s deed by transferring the title into Joel’s name as an individual. Judge Kishner never ruled on Jimijack’s deed that Nona Tobin claimed was inadmissible per NRS 111.345 in her 2/1/17 AACC vs Jimijack and in two declarations under penalty of perjury.
- 5/21/19 Transcript Nationstar attorneys characterize as a settlement agreement between parties Jimijack & Nationstar that excluded parties Nona Tobin & the Gordon B. Hansen Trust from the title fight without the court examining any evidence including not examining the alleged settlement documents.
- 5/31/19 NESO Nationstar stipulates that it drops its remaining quiet title claim against Jimijack with prejudice so they both win without the judge ever looking at the evidence or hearing Nona Tobin’s claims against Nationstar & Jimijack.
- 6/3/19 Reconvey Nationstar dba Mr. Cooper falsely claimed to be both the beneficiary and the trustee of the Hansen deed of trust and reconveyed without legal authority the property to Joel A Stokes two days before the quiet title trial (A-15-720032-C) that allegedly was held to determine the title rights between the Gordon B. Hansen Trust and the Jimijack Irrevocable Trust.
- Supreme Court case 79295 Online case management system – see how opposing parties were successful in getting me removed as a party by saying I was not aggrieved. See orders SC 19-37846 and SC 20-016346.
- Judicial Jiu-jitsu Youtube channel contains closed-caption videos of all the A-15-720032-C court hearings from 2016-2019 and all the A-19-798990-C court hearings held in 2020 as well as brief videos explaining the trickery employed by the opposing attorneys to suppress Nona Tobin’s evidence and obstruct her access to a fair adjudication of her claims on their merits by an impartial tribunal.
12/4/20 rejection of the complaint by the Nevada Attorney General
Links to Exhibits to 3/14/19 complaint to the NV Attorney General
7/15/2004 Western Thrift Deed of Trust
7/15/2004 COPY of GBH note NSM 258-260
3/11/2011 2011 anti-foreclosure fraud law AB 284
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 7 BANA short sale addendum
8/11/2012 8 Tobin re lender is seller
1/27/2013 BANA confusion over DOT – misc docs
6/19/2013 Proudfit 2 Ticor: BANA rejected buyer
12/31/2013 Mortgage transfer disclosure requirements
9/25/2014 2 Res Trans Rpt 1336-7 GBH 2 Jimijack
4/1/2015 Thomas Baynard CA bar discipline
1/13/2016 NS Lis Pendens re A-730078-C
6/7/2016 NS Lis Pendens re A-720032-C
12/28/2016 Corwin notary communications
3/28/2017 Recorded GBH Trust quit claim 2 Tobin
11/5/2018 Irma Mendez affidavit re Joel Just
2/5/2019 SCA MSJ against Tobin
2/12/2019 Joinder to the SCA motion,
2/12/2019 NS Ltd joinder 2 SCA MSJ
2/27/2019 TOC 2 Tobin disclosures
2/27/2019 Tobin 1st sup + BHHS + RRFS
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
8/27/2008 1 Deed GBH 2 GBH Trust
1/17/2017 Backup for notary subpoenas- not issued