Excerpt from page 2 of Nationtar’s 5/10/16 filing into A-15-720032-C
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That Nationstar rescinded its provably false, opportunistic claim didn’t stop Nationstar from stealing a house for a debt it was not owed.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 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
NV Attorney General’s 3/26/19 response
Table of Contents of Exhibits
The P.U.D. RIDER must be enforced to protect HOA homeowners from corporate corruption.
The banks deceived the Courts about the “F. Remedies” contract term in the Planned Unit Development Rider.
Nationstar knew the PUD Rider remedy limits, but misrepresented it.
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.
If a lender pays late HOA dues, the ONLY recovery is the amount paid with interest charged at the note rate.
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%).
Lenders are prohibited from using the tender, offer or payment of delinquent assessments, rejected or not, as a de facto foreclosure to confiscate an owner’s property without due process.
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 was not ever owed Hansen’s debt
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.
Criminal penalties must be applied.
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.
Evidence in this case has been submitted to administrative enforcement agencies
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,
The pattern of racketeering by financial institutions is well documented nationwide.
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.