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