Excerpt from page 2 of Nationtar’s 5/10/16 filing into A-15-720032-C


Owners should ALWAYS come first!
Excerpt from page 2 of Nationtar’s 5/10/16 filing into A-15-720032-C
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.
That Nationstar rescinded its provably false, opportunistic claim didn’t stop Nationstar from stealing a house for a debt it was not owed.
(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.
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.
NSM’S 5/3/19 JOINDER TO SCA OPPM
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
Link to 3/8/19 Nationstar claim Wells Fargo 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.
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.
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
Servicing banks (those that handle the paperwork on behalf of the “beneficiary” who is the investor to whom the debt is actually owed).
2011 Certified fraud examiner Amicus curiae MA Supreme Court
7/15/2004 Western Thrift Deed of Trust
7/15/2004 COPY of GBH note NSM 258-260
5/14/2008 10 SCA bylaws 3.20/3.18abefgi prohibits BOD delegation
3/11/2011 2011 anti-foreclosure fraud law AB 284
10/1/2011 NV 2011 Legislative Digest re AB 284 changes
2/1/2012 2012 National Mortgage Settlement
4/12/2012 Recorded DOT assign to BANA
8/8/2012 6 Sparkman RPA $310K
8/10/2012 Tobin counter to require lender to pay seller costs
8/10/2012 7 BANA short sale addendum
8/11/2012 8 Tobin re lender is seller
9/17/2012 9 SCA MSJ exhibit 3 re intent to lien SCA628
9/20/2012 5 Hearing Notice Sanction 4 Delinquent Assessments
10/3/2012 4 Tobin letter 2 SCA w/ 8/17/12 chk 143 + death cert
1/27/2013 BANA confusion over DOT – misc docs
6/5/2013 HUD-1 draft showing $3055.47 due to HOA out of escrow
6/19/2013 Proudfit 2 Ticor: BANA rejected buyer
12/31/2013 Mortgage transfer disclosure requirements
7/1/2014 Leidy-Tobin emails 7/24/14 through 10/24/14
7/22/2014 11 SCA 280-280 BOD denial of fee waiver request
8/21/2014 RRFS trust account check $57,282.32 to CC District court
9/9/2014 BANA recorded 8/21/14 assignment to Wells Fargo
9/25/2014 2 Res Trans Rpt 1336-7 GBH 2 Jimijack
12/1/2014 NS recorded 10/23/14 assignment to itself as BANA’s “attorney-in-fact”
3/12/2015 WF recorded substitution trustee reconvey 2nd DOT 2 GBH
4/1/2015 Thomas Baynard CA bar discipline
6/9/2015 Recorded OpHomes 2 F.Bondurant 6/4/15 quit claim
6/9/2015 3 Quit claim to Jimijack -Yuen Lee signed as T Lucas
1/13/2016 NS Lis Pendens re A-730078-C
4/1/2016 Unrecorded WF power of attorney NSM 270-272
5/9/2016 Residential Transaction Report – 2763 White Sage
6/7/2016 NS Lis Pendens re A-720032-C
9/18/2016 Tobin letter to R-J editor “”HOAs, foreclosures, and property rights”
12/28/2016 Corwin notary communications
1/3/2017 Debra Batesel journal entries re 6/4/15 quit claim & RPA
3/28/2017 Recorded GBH Trust quit claim 2 Tobin
3/28/2017 Recorded Hansen Disclaimer of Interest NSM 212-217
11/5/2018 Irma Mendez affidavit re Joel Just
2/5/2019 SCA MSJ against Tobin
2/5/2019 SCAMSJ Ex5-10/8/12 receipt + false claim of 9/20 notice
2/5/2019 SCAMSJ Ex12-notices with proofs of service
2/12/2019 Joinder to the SCA motion,
2/12/2019 NS Ltd joinder 2 SCA MSJ
2/20/2019 Gmail – compare NS disclosure with my paid off note
2/20/2019 Gmail – another nail in Nationstar’s coffin
2/25/2019 NS unrecorded rescinded 10/23/14 assignment-refiled NSM 404-408
2/25/2019 NS unrecorded refile of 10/23/14 as WF attorney in fact
2/27/2019 “HOA debt collectors wield an unlawful level of power”
2/27/2019 TOC 2 Tobin disclosures
2/27/2019 Tobin 1st sup + BHHS + RRFS
3/1/2019 Hearing minutes Spanish trail A-14-710161
3/1/2019 CA SOS letter re notary complaint
3/5/2019 opposition to the SCA MSJ
3/10/2019 Tobin draft DECL OPPC NS ex 1-10
3/12/2019 CA notary violations on 4/12/12 DOT 2 BANA misc docs
8/27/2008 1 Deed GBH 2 GBH Trust
3/8/2019 Recorded rescission of 10/23/14 assignment MSN 409-411
1/17/2017 Backup for notary subpoenas- not issued
Nationstar disclosed the Hansen deed OF TRUST as NSM 141-162.
The Planned Unit Development Rider Remedies F was disclosed as NSM 160. In the 2004 Recorded documents, it is numbered 2004 021 RECORDED.
it is the featured image of this blog and it is pictured again below.
PUD rider remedies f. provides 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%).
Nationstar disclosed the PUD Rider Remedies section so ignorance cannot be an excuse when Nationstar filed its duplicitous 2/12/19 joinder in order to get rid of the owner without foreclosing.
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 Stokes, an individual, on 6/3/19, were false claims to title in the meaning of NRS 205.395.
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,
National banking associations’ corrupt business practices were revealed in :