Judge Peterson ordered Nona Tobin to show cause why her third-party complaint should not be dismissed for failure to serve it within 120 days. Judge Peterson signed an order submitted by Tobin’s attorney voluntarily dismissing the complaint, but kept the hearing on the calendar for another purpose. Judge Peterson wanted to see if Tobin’s counter-claims and cross-claims had been properly served. This seems innocent enough but was it?
For one thing, it cost me $1,300 in attorney fees. Second, all the attorneys and the judge agreed Tobin’s counter-claims had been properly served, but they were all wrong when they said they had been properly answered. No party filed any responsive pleading to my 3/8/21 counter-claims or cross-claims, and Judge Peterson did not let Tobin take anyone’s default.
I was forced to withdraw complaint for lack of timely service because I hired an attorney to conduct an evidentiary hearing that was never held.
Link to PDF of TPC complaint dismissed for lack of service
Allegations Asserted
210322 COMP with exhibits filed.pdf
- Nona Tobin is filing a complaint against attorneys for various entities, including Red Rock Financial Services, Nationstar Mortgage, Jimijack Irrevocable Trust, and Sun City Anthem.
- Tobin alleges abuse of process, racketeering, fraud, and civil conspiracy in relation to a disputed property sale.
- Tobin is the successor trustee of the Gordon B. Hansen Trust, which held title to the property in question until a foreclosure deed transferred title to the alleged purchaser.
- Tobin claims that the defendants engaged in various fraudulent practices, including lying to the court, suing the wrong party, and concealing material facts and conflicts.
- Tobin is seeking restitution, punitive damages, and sanctions against the defendants.
- Tobin has exhausted all administrative remedies, including filing complaints with the Henderson Police Department, the State of Nevada Mortgage Lending Division, the Office of the Nevada Attorney General, and the State Bar of Nevada Ethics & Discipline Panel.
- Tobin’s docketing statement was returned unfiled, preventing her from appealing certain orders made by Judge Kishner.
- Judge Kishner made several rulings that Tobin alleges were based on misrepresentations by opposing counsel, including granting summary judgment, denying a motion to reconsider, and dismissing Tobin’s claims.
- The Nevada Supreme Court ruled that Tobin was not a party to the appeal and lacked jurisdiction to address her claims.
- Tobin alleges that opposing counsel violated professional and ethical standards in order to prevent her claims from being adjudicated.
- Tobin’s four causes of action include abuse of process, fraud, civil conspiracy, and racketeering.
- Tobin alleges that the disputed HOA sale did not extinguish the GBH Trust’s rights to title.
- Tobin claims entitlement to the $57,282 undistributed proceeds of the sale.
- Tobin argues that her 3/28/17 deed is valid and superior to the Jimijack’s defective 6/9/15 deed and the 5/1/19 deed of Jimijack’s successor Joel Stokes.
- Tobin alleges that Nationstar Mortgage LLC’s claims to own the beneficial interest of the disputed Western Thrift Deed of Trust are false.
- Tobin seeks to cancel and declare without legal force and effect all instruments, encumbrances, and assignments that were improperly or unlawfully executed.
- Tobin seeks attorney fees, costs, exemplary and punitive damages, and restitution and punitive damages for racketeering and fraud.
- Tobin requests that the court provide findings of fact to the Nevada Bar Counsel for the Ethics & disciplinary Panel to impose appropriate attorney sanctions.
- Tobin alleges that the defendants engaged in racketeering, fraud, and civil conspiracy in relation to a disputed property sale.
- Tobin outlines the elements of a civil claim for damages caused by racketeering, and argues that the defendants meet these criteria.
- Tobin provides a partial list of the defendants’ “predicate acts” which she argues constitute racketeering activity.
- Tobin also alleges that the defendants engaged in abuse of process and civil conspiracy.
- Tobin references multiple complaints she has filed with the Nevada Attorney General and the Nevada State Bar, as well as various publications detailing her allegations against the defendants.
- Tobin cites relevant Nevada case law to support her claims.
- Tobin argues that Nationstar was not owed Hansen’s debt, and that Nationstar does not hold the original note.
- Tobin claims that the recorded assignments of the Hansen DEED OF TRUST were false claims to title.
- Tobin references multiple complaints she has filed with various agencies, and argues that the defendants violated multiple statutes.
- Tobin argues that the defendants’ corrupt business practices are well-documented, and references multiple settlement agreements and consent judgments.
- Tobin alleges that the defendants used a “PUD Rider” to scam HOA homeowners.
- Tobin questions what it takes to get disbarred in Nevada, and calls out the Nevada Attorney General for not taking action.
- Tobin provides information about a complaint she filed with the Nevada Attorney General, including the type of complaint, her contact information, and the details of her complaint against Nationstar.
- Tobin requests that BHHS be compelled to provide entries into the Equator system that were not provided, despite a subpoena being issued.
- Tobin requests an investigative report to determine whether Nationstar’s claims to own the DOT can be proven, and whether the false affidavits recorded to claim ownership of the $389,000 note rose to the level of criminality.
- Tobin requests an investigation into other HOA foreclosures to determine if there is sufficient cause to pursue further investigation.
- Tobin provides links to exhibits related to her complaint to the NV Attorney General, which include evidence of fraud, false claims, and misconduct by Nationstar and Akerman attorneys.
- Tobin alleges that Akerman attorneys conspired with Joseph Hong and others to steal her property by recording false claims against the title, filing pleadings and motions with false claims, and obstructing her ability to have her quiet title claims fairly adjudicated.
- Tobin alleges that Nationstar and its attorneys engaged in abuse of process, racketeering, fraud, and civil conspiracy in relation to a disputed property sale.
- Tobin argues that Nationstar is judicially estopped from claiming ownership of the Hansen deed of trust.
- Tobin details multiple instances in which she attempted to contact or engage with Nationstar or its attorneys, but was met with resistance or outright obstruction.
- Tobin alleges that Nationstar and Jimijack conspired to settle the quiet title dispute without the court examining any evidence, and that the court allowed this fraudulent side deal to stand.
- Tobin also references a number of exhibits, transcripts, and videos that she believes support her claims.
- Tobin references a Nevada law (AB 284) that makes it a felony to execute, notarize, or record false claims to title.
- Tobin argues that six of the 61 recorded claims in the Clark County property record are fraudulent, and that Nationstar is liable for penalties under NRS 205.377.
- Tobin alleges that Nationstar evaded detection by voluntarily dismissing its claims before trial, and that its attorney conspired with Jimijack’s attorney to settle the dispute out of court.
- Tobin argues that Nationstar made multiple false statements in court filings, including conflicting claims about when it became the beneficiary of the Hansen deed of trust.
- Tobin also alleges that Nationstar’s attorney met ex parte with the judge to suppress evidence and obstruct a fair adjudication.
- Tobin raises a question about the interpretation of the PUD Rider section F-Remedies, and argues that Nationstar has misapplied this contract provision in order to steal property.
- Tobin alleges abuse of process, racketeering, fraud, and civil conspiracy by various defendants in relation to a disputed property sale.
- Tobin argues that she was removed as an individual appellant by the Supreme Court due to deception by the defendants.
- Tobin filed a new district court case to preserve her rights, but claims that the opposing parties misled the court into dismissing her claims.
- Tobin lists several Nationstar agents and employees who she alleges made false statements.
- Tobin also lists attorneys from various law firms who she alleges are implicated in fraud.
- Tobin outlines her standing to make a claim, based on her roles as trustee, deedholder, and Sun City Anthem owner.
- Tobin argues that the HOA violated her property rights by foreclosing without due process.
- Tobin references various Nevada Revised Statutes (NRS) in relation to her claims.
- Tobin details the history of the disputed property, including various deeds, assignments, and requests for notice.
- Tobin argues that Nationstar dismissed its claims without meeting its burden of proof.
- Tobin alleges that Nationstar engaged in fraud on the court and had an ex parte meeting with the judge.
- Tobin provides multiple declarations under penalty of perjury that support her claims.
- Tobin argues that the judge erred in striking her documents from the record.
- Tobin alleges that the HOA relied on fraudulent records from a debt collector.
- Tobin argues that Judge Kishner ignored her opposition to the HOA’s motion for summary judgment.
- Tobin references multiple declarations she made under penalty of perjury.
- Tobin argues that Judge Kishner refused to consider her motion to reconsider, despite the evidence she provided.
- Tobin claims that her opponents did not provide verified or corroborated evidence.
- Tobin argues that Judge Kishner erred in striking her filings from the record.
- Tobin is requesting help from various individuals and organizations to investigate the problem of HOA debt collectors and banks ripping people off.
- Tobin identifies two specific issues: HOA debt collectors using abusive practices to foreclose on properties, and banks lying to the court in order to foreclose on mortgages they don’t own.
- Tobin argues that the Nevada Real Estate Division and CICC Ombudsman have failed to enforce state law.
- Tobin references a previous HOA corruption case, but argues that the current problem is much larger in scale.
- Tobin wants to speak with enforcement agency staff to discuss the investigative research that has already been done.
- Tobin discusses how banks are using HOA foreclosures to fraudulently obtain title to properties.
- Tobin also discusses how HOA debt collectors are unlawfully retaining proceeds from sales.
- Tobin discusses the case of a disputed property sale, in which she alleges abuse of process, racketeering, fraud, and civil conspiracy by various defendants.
- Tobin argues that Nevada is poor at regulating sham LLCs, which allows for the proceeds of sales to disappear.
- Tobin references the case of SCA hiring Alessi & Koenig, LLC, a company with numerous problems, including the fact that David Alessi was not licensed to practice law in Nevada.
- Tobin discusses how A&K dissolved the LLC, hid its assets, and morphed into HOA Lawyers Group.
- Tobin argues that HOA boards are often ill-advised by financially conflicted agents.
- Tobin discusses how banks are often cheating by claiming to own mortgages they don’t actually own.
- Tobin argues that the banks are getting a “second bite of the apple” in HOA foreclosure litigations.
- Tobin discusses her own case, in which the HOA sold the house to a Realtor after the bank blocked four legitimate sales.
- Tobin argues that the banks are prioritizing getting mortgages on their books over the proceeds of the HOA sale.
- Tobin discusses the high costs associated with suing after losing a house for a trivial debt.
- Tobin references the Spanish Trail case, in which the owner has not received the proceeds from the sale.
- Tobin outlines a number of ways in which the Board of Directors (BOD) of the Sun City Community Association (SCA) mishandled foreclosures in 2014.
- Tobin argues that the BOD gave complete control over collections to the manager/debt collector, without any checks and balances.
- Tobin claims that the BOD kept everything confidential, did not publish the quarterly delinquency report, and did not provide the fee schedule to homeowners.
- Tobin argues that the BOD only listened to the debt collector and did not communicate with the homeowner.
- Tobin discusses the legal theory for the BOD’s authority, and argues that the BOD has a fiduciary duty to act solely for the association’s benefit.
- Tobin references the case of Joel Stokes vs. Bank of America, in which the two parties reached an agreement to settle all claims.
- Tobin argues that Joseph Hong and Melanie Morgan did not warn her of the settlement, and that Judge Kishner blessed the deal.
- Tobin alleges that Red Rock’s motion to dismiss her claims was granted, and that all other defendants joined in the motion.
- Tobin argues that the court ordered the cancellation and expungement of three notices of lis pendens that she had recorded.
- Tobin references requests for attorney’s fees made by the Chiesi and Jimijack defendants.
- Tobin alleges that Brody Wight, counsel for Red Rock, filed a motion to dismiss that was not supported by facts or law.
- Tobin argues that attorneys from Akerman and Wright Finley Zak conspired with Red Rock to conceal Nationstar’s criminal acts.
- Tobin alleges that the attorneys for Nationstar, Sun City Anthem, and Red Rock Financial Services all concealed or withheld documents and falsified evidence.
- Tobin references her complaint in case A-21-828840-C, in which she alleges that Melanie Morgan conspired with Joseph Hong to make a covert deal to steal her property.
- Tobin alleges that attorneys Melanie Morgan and Forrest Barbee concealed records that would have proved that Nationstar refused to identify the beneficiary of a deed of trust.
- Tobin argues that Morgan fabricated standing for Nationstar in order to pursue a case against her.
- Tobin alleges that Morgan tricked the court into allowing her and Hong to settle out of court.
- Tobin claims that Akerman and Wright Finley Zak attorneys concealed records that would have shown how Nationstar communicated with Red Rock about an HOA sale.
- Tobin argues that the attorneys concealed an offer from Nationstar that was rejected by Red Rock.
- Tobin alleges that the attorneys made false claims in order to protect Nationstar’s security interest.
- Tobin references complaints she filed with the Nevada Attorney General and the Nevada Mortgage Lending Division.
- Tobin argues that the State Bar of Nevada declined to take action against the attorneys involved, stating that the matter should be handled by a judge.
- Tobin references two Nevada Revised Statutes (NRS) that deal with the rights of bona fide purchasers and the transferability of property after the withdrawal or cancellation of a notice of pendency.
- Tobin argues that Brittany Wood knows that no claims in prior proceedings were fairly adjudicated.
- Tobin claims that Nationstar and Jimijack prevailed without adjudication.
- Tobin argues that Brittany Wood knows that her co-conspirators prevailed by deceit.
- Tobin alleges that Wood suppressed the preliminary title report and proof of title insurance.
- Tobin claims that Wood misrepresented the property record to obscure her clients’ wrongdoing.
- Tobin argues that Wood concealed all property records related to the fraudulent actions dispute between Tobin and Nationstar and Joel Stokes.
- Tobin claims that Wood knew that Jimijack’s deed was void and that Jimijack’s transfer of title to Joel Stokes was also void.
- Tobin argues that Wood knowingly misrepresented her deed as “a wild deed outside the chain of title.”
- Tobin alleges that Brittany Wood deliberately damaged her and obstructed her case by misrepresenting a recorded deed.
- Tobin argues that her 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.
- Tobin claims that Wood advocated for the preposterous argument that Tobin was in privity with herself as trustee of a trust that was closed in 2017.
- Tobin alleges that Wood ignored Jimijack’s defective deed because she knew that the Chiesi deed was the fruit of the poison Jimijack deed tree.
- Tobin references three Nevada Revised Statutes (NRS) that deal with fraudulent conveyances, knowingly receiving fraudulent conveyances, and conveyances made to defraud prior or subsequent purchasers.
- Tobin cites a Nevada Supreme Court case that establishes the requirements for a subsequent purchaser to claim title to land.
- Tobin discusses “badges of fraud” that may indicate fraudulent intent.
- Tobin claims that Wood ignored all the lis pendens and did not include any of them in the RFJN.
- Tobin references two rules of professional conduct for attorneys that Wood allegedly violated.
- Tobin is upset that the police department cannot assist her with her case, as they claim it is a civil matter.
- Tobin has filed complaints with the Nevada Attorney General, but they have been rejected or referred to other agencies.
- Tobin references a Nevada Revised Statute (NRS) that prohibits threats, harassment, and creating a hostile environment in a homeowners association (HOA).
- Tobin argues that Clarkson, an attorney, misquoted the law twice in order to exempt himself and Seddon from the anti-bullying law.
- Tobin discusses a Nevada HOA retaliation case in which attorneys claim to be exempt from being considered agents of the HOA.
- Tobin argues that Clarkson breached his fiduciary duty to the HOA by representing Seddon’s interests instead.
- Tobin references several rules of professional conduct that Clarkson allegedly violated.
- Tobin alleges that GM Sandy Seddon and CAM Lori Martin violated various statutes and bylaws by withholding records from her.
- Tobin is seeking justification for various actions taken by the Board, such as hiring Seddon for a high salary and paying four managers above market rate.
- Tobin also wants to know why the Board has not put formal HR systems in place.
- Tobin alleges that Seddon and Martin retaliated against her and created a hostile environment after she made requests and complaints in good faith.
- Tobin references a study that shows how HOA foreclosures depress the real estate market.
- Tobin argues that the HOA debt collectors are scamming homeowners by selling houses in secret to speculators.
- Tobin discusses the impact of the mortgage crisis on HOAs in Nevada.
- The document discusses a legal complaint filed by Nona Tobin against various defendants, alleging abuse of process, racketeering, fraud, and civil conspiracy in relation to a disputed property sale.
- The document references a study that found that HOA foreclosures reduced the value of all Nevada homes by 1.7%, and that the controversy over HOA’s super-priority lien status has decreased the willingness of lenders to lend for the purchase of homes in HOAs.
- The document lists various Nevada Revised Statutes that are implicated in the case, including those related to civil practice, remedies, witnesses and evidence, crimes against property, real estate brokers and salespersons, mortgage lending, and trusts.
- The document also discusses an interpleader complaint filed by Red Rock Financial Services against Nona Tobin and other defendants, and the subsequent reassignment of the case from Judge Kishner to Judge Jessica K. Peterson.
- The document begins by referencing a deed and affidavit of service for Nona Tobin, as well as noting that service on her as a trustee was unnecessary.
- It then discusses the closure of the Hansen Trust in 2017, and the transfer of title to Nona Tobin as the sole beneficiary.
- The document goes on to mention service on Wells Fargo and Nationstar, and the reasons why these entities will not file claims for excess proceeds.
- It also discusses service on Republic Services, and the company’s quick disclaimer of interest.
- The document then accuses Steven Scow of filing for interpleader unnecessarily, and calls for Joseph Hong to be disbarred for his misconduct.
- Finally, the document references the ABA Standards for Imposing Lawyer Sanctions, and argues that disbarment is appropriate for Hong based on various aggravating factors.
- The document begins by noting that Nationstar did not file any claims against Nona Tobin or the Hansen Trust, and that Nationstar never refuted any of Tobin’s claims.
- It then references several motions and replies filed by Tobin that were stricken from the record due to misrepresentations made by Nationstar’s attorney, Melanie Morgan, to Judge Kishner.
- The document also references a motion for a new trial filed by Tobin that was also stricken from the record due to misrepresentations made by opposing counsel.
- It goes on to mention an unheard motion filed by Tobin to vacate an order that granted Nationstar’s limited joinder to the HOA’s motion for summary judgment.
- The document then discusses how Nationstar prevailed despite evidence supporting Tobin’s claims, by tricking the court into ignoring the evidence.
- It references several exhibits that support Tobin’s claims, including declarations, transaction reports, and records of foreclosures.
- The document also discusses how Nationstar refused to produce any documents in response to Tobin’s requests, and how it changed its story about how it acquired the deed of trust.
- It goes on to argue that Nationstar does not hold the original Hansen promissory note, and that it attempted to conceal this fact.
- Finally, the document discusses how Nationstar, Bank of America, and the HOA all contributed to the wrongful foreclosure on the property.
- The document begins by referencing several videos that Tobin has made to simplify and publish evidence supporting her claims.
- It then discusses the damages that Tobin has suffered as a result of the fraud, including the loss of a $500,000 house, the theft of $389,000, and the loss of rental profits.
- The document also references the Nevada Rules of Professional Conduct, which the opposing counsels have violated in various ways, such as by making false statements, falsifying evidence, and obstructing access to evidence.
- Finally, the document includes a declaration from Tobin under penalty of perjury, in which she states that she has personal knowledge of the facts stated in the document and would testify to them if called to do so.
- The document begins by outlining the various exhibits that Tobin has submitted as evidence, which include recorded claims from 2003 to 2021.
- Exhibits 1-4 detail various deeds, powers of attorney, and deeds of trust related to the disputed property sale.
- Exhibit 5 discusses a disputed lien that Red Rock recorded without notice, which Tobin argues was predatory.
- Exhibit 6 discusses a notice of default that Tobin disputes, as well as a rescission of that notice.
- Exhibit 7 discusses the HOA foreclosure sale, which Tobin argues was fraudulent and based on false information.
- The document also references various instances of misconduct by Red Rock, Nationstar, and other parties, such as concealing information, falsifying records, and rejecting offers to settle the dispute.
- The document discusses Nationstar’s lack of candor in response to Tobin’s interrogatories and requests for production.
- It also references Nationstar’s rescission of a bogus assignment, which removed any possible claim that Nationstar was the successor in interest to BANA.
- Tobin alleges that Nationstar fraudulently reconveyed the property to Joel Stokes in order to defraud the court.
- The document also discusses various exhibits that Tobin has submitted as evidence, including requests for notice of liens or defaults, and a substitution of trustee.
- Tobin argues that Joseph Hong fraudulently convinced the court that his client’s out-of-court settlement qualified as a settlement of Tobin’s quiet title claims.
- The document also references various deeds, liens, and lis pendens that Tobin has recorded in relation to the disputed property sale.
- The document begins by referencing an appeal in case 82294.
- It then discusses various orders and deeds that are void or have been expunged.
- Tobin requests punitive damages under the RICO statutes and wants the unethical attorneys disbarred.
- Tobin also asks the Nevada Commission on Judicial Discipline to postpone formal charges against Judge Kishner in order to give her a chance to prove she was duped by the attorneys.
- The document then discusses the need for state civil court reform and recommends a joint investigation by the NV Attorney General, State Bar of Nevada Ethics & Discipline Panel, and the Nevada Commission on Judicial Ethics.
- Finally, the document discusses the importance of alternative dispute resolution and how it was not made available to Tobin or the Foundation Assisting Seniors.