Tag: DECLs

Because she is not a party to the case, all documents filed with this Court by Nona Tobin as an individual, are rogue documents and are stricken from the record. This includes both the Motion to Dismiss and Motion for New Trial (and all oppositions or replies) and the Notice of Lis Pendens.

11/22/19 Judge Kishner order, Page 4, paragraph 3

If all statements under oath support Nona Tobin’s claims, why does she keep losing?

1. 4/15/19 Teralyn Lewis AFFD Teralyn Lewis, custodian of records authenticated the Ombudsman’s HOA foreclosure notice of sale compliance records for 2763 White Sage and 16 other HOA foreclosures related to Sun City Anthem and/or Joel Stokes/Joseph Hong.
   1. At the 3/26/19 hearing 3/26/19 hearing (3/26/19 annotated transcript,  3/26/19 minutes, 3/26/19, RTRAN, Judge Kishner accepted the HOA attorney David Ochoa’s misrepresentation of the Red Rock foreclosure file as verified evidence after he concealed in discovery the HOA’s actual official records (HOA Board minutes, 2/26/19 HOA RESP 2 ROGs, 2/26/19 HOA RESP 2 RFDs, Resident Transactions Report) that contradicted the Red rock foreclosure file.
   1. Judge Kishner rejected sua sponte the State of Nevada Ombudsman for the Owners in Common Interest Communities’ HOA foreclosure notice of sale compliance records on the grounds that the compliance screen (that I filed into the court record multiple times unchallenged (Tobin 080 (Exhibit 14, p. 112)) was not verified and, even if verified, it was not evidence of a disputed material fact.
   1. The same record verified by the Nevada Real Estate Division Custodian of Records Teralyn Lewis was resubmitted to support the motion for reconsideration as exhibit 7 to the 509-page 5/23/19 reply (See linked 5/23/19 TOC).
   1. Judge Kishner also declared stricken from the record my 4/17/19 621-page Reply to support my pro se 4/10/19 JMOT/MSJ joinder to Nationstar’s motion for summary judgment against Jimijack (also stricken) that included the authenticated Ombudsman’s HOA foreclosure notice of sale compliance records as an exhibit. See 12-page table of contents of the 4/17/19 filed, but stricken unheard, documentary evidence.
   1. In her 5/31/19 denial of the motion to reconsider her 4/18/19 motion, Judge Kishner concluded

“The substantial exhibits that have been submitted in the case demonstrate that Nona Tobin as Trustee of the Trust was aware of the foreclosure and did not seek to stop the foreclosure.”

5/31/19 Judge Kishner order to deny reconsideration of the 4/18/19 order that granted the HOA’s highly disputed motion for summary judgment and Nationstar’s fraudulent joinder

Nothing could be farther from the truth. Red Rock’s only notice, recorded on 2/12/14, announcing a 3/7/14, 10 A.M foreclosure sale, was cancelled. No notice whatsoever was given for an 8/15/14 sale, and Red Rock never even gave any notice afterward that it had been sold.

The idea that I was aware a sale was going to happen and didn’t try to stop it is preposterous.

• 5/20/2019 DECL DOUG PROUDFIT co-owner of Proudfit Realty, listing agent from 2/20/12-7/20/13 while B of A was the servicing bank. Doug’s declaration under penalty of perjury was included as exhibit 3 to the 509-page 5/23/19 reply (See linked 5/23/19 TOC).

• 1/17/17  Nona Tobin declaration regarding failed attempts to get a notary record for the defective Jimijack deed

• 11/5/18  Irma Mendez re Joel Just, Red Rock’s then-President offering to sell her properties in 2015 directly rather than through a properly-noticed HOA foreclosure auction. Irma Mendez is a rebuttal witness I would called at trial, but Judge Kishner refused to accept my EDCR 2.67 supplement to my attorney’s pre-trial memo AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW  that Judge Kishner rejected out of hand at the 6/3/19 calendar call (6/3/19 minutes, 6/3/19 RTRAN, 6/3/19 VIDEO

• 6/14/2016 Linda Proudfit, co-owner Proudfit Realty, sworn declaration that the 311 broker files and 9 folders she delivered to Tobin on 6/14/16 “are a true, correct and complete copy of any and all documents for (Client Name) The Gordon B. Hansen Trust, dated 8/22/08, Nona Tobin, Successor Trustee”. This declaration is significant for two reasons:
  • None of Red Rock’s or the HOA’s or the Berkshire Hathaway broker’s subpoena response have  “verifications” that say these words “are a true, correct and complete copy of any and all documents”
  • My statements under oath, e.g., that I did not receive notices that Red Rock claims to have sent or that Bank of America never recorded a notice of default on the Hansen deed of trust but refused to allow escrow to close on two fair market value sales  are corroborated by the presence or absence of those records in Doug and Linda Proudfit Realty’s official broker records.

• 9/23/16 DECL: Nona Tobin was filed to support Nona Tobin & Steve Hansen’s 7/29/16 MINV motion to intervene into A-16-730078-C that was heard, but ignored, by Judge Kishner at the 9/29/16 hearing (9/29/16 minutes, 9/29/16 RTRAN, 9/29/16 VIDEO (14:58 minutes). See 9/23/16 AFFD relevant points.

• 5/13/2019 Craig Leidy DECL Craig Leidy, listing agent 2/20/14 to 10/31/14, declaration under penalty of perjury, stating that he was given no notice of the sale and that Nationstar was the servicer and not the beneficiary of the disputed deed of trust. This was included as exhibit 2 to the 509-page 5/23/19 reply (See linked 5/23/19 TOC). Craig Leidy also made some statements under oath in a video3:50-minute VIEDO “What evidence supports Nona Tobin’s claims?”

• 3/5/2019 DECL: Nona Tobin 3/5/19 opposing Sun City Anthem motion for Summary Judgment as the HOA was relying on the fraudulent records of the debt collector rather than requiring that its agents obey the law. Judge Kishner ignored this opposition that was filed an hour before (3/5/19 3:31 PM OPPM) sua sponte filed a 3/5/19 (4:45 PM) minute order to grant the HOA’s MSJ and Nationstar’s unsupported joinder as unopposed. Judge Kishner also ignored this declaration under penalty of perjury in both her 3/5/19 minute order and 4/18/19 order.

• 3/14/19 Tobin DECL  DECL: Nona Tobin 3/14/19 AG Complaint 2-2019 opposing Nationstar lying about being owed $389,000 from the Hansen promissory note was rejected on 12/4/20 for lack of jurisdiction
  • Linked table of contents of exhibits
  • 3/26/19 AG email response was that the complaint had been referred to “the appropriate investigative unit within the Office of the Attorney general for review” and that I would be contacted if they had any questions.
  • 12/4/20 AG email response rejected the complaint as outside of the AG’s jurisdiction “After careful review, it had been determined your complaint references allegations beyond the jurisdiction of this office.”

1. 4/20/19 DECL Nona Tobin declaration under penalty of perjury, included with 5/23/19 Tobin Reply to opponents’ opposition to motion for reconsideration of 4/18/19 Kishner order This was included as exhibit 1 to the 509-page 5/23/19 reply (See linked 5/23/19 TOC).

1. 4/29/19  Nona Tobin declaration under penalty of perjury, included with 4/29/19 motion to reconsider was not considered by judge Kishner when she denied the motion for reconsideration at the 5/29/19 hearing (5/29/19 RTRAN, 5/29/19 minutes, 5/29/19 VIDEO

1. 12/16/20 DECL (20 pages) Nona Tobin complaint to the Mortgage servicing division vs. Nationstar and its attorneys has

1.  692 pages in its full form
   1. on 1/28/21 I received an email, dated 1/27/21, from the Mortgage Lending Division forwarding a rejection letter, dated 1/6/21, I have yet to receive in the mail as of 1/28/21.

1. Nona Tobin’s analysis of the evidence supporting voiding the 8/15/14 HOA sale was published in “The HOA sale was fatally flawed“

By Judge Kishner’s refusal to look at the evidence and her unfounded insistence that there were no disputed of material facts surrounding the conduct of the HOA sale based on her ex parte 4/23/19 meeting with opposing counsels, Judge Kishner

1. declared stricken from the record my seven pro se filings – oppositions, joinders, motions for summary judgment and notices- filed between 4/9/19-4/17/19 because my attorney had not filed a motion to withdraw,[1] 
2. ignored my 4/24/19 MVAC/MSJ motion to vacate her 4/18/19 order and motion for summary judgment against all parties, 
3. denied my motion for reconsideration based on 509 pages of filed evidence in her 5/31/19 order,
4. accepted without review of the settlement documents Jimijack-Nationstar’s fraudulent side deal recorded on 5/23/19 See 5/21/19 hearing 5/21/19 minutes,  5/21/19 RTRAN, 5/21/19 24:43-minute VIDEO
5. ordered on 6/3/19 that all documentary evidence must be excluded from the trial,
6. ignored my attorney’s timely 6/3/19 Tobin/Trust FFCL proposed findings of fact and conclusions of law and accepted Joseph Hong’s untimely and unsupported 6/5/19 Jimijack FFCL
7. 6/5/trial 6/5/19 trial day 1 minutes, 6/5/19 trial day 1 RTRAN 6/6/19 trial day 2 50:42-minute VIDEO

Judge Kishner also declared stricken and unheard the Pro Se filings below 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

Judge Kishner refused to hear my 6/17/19 motion to intervene or consider my 6/21/19 DECL supporting declaration under penalty of perjury.

OPPONENTS’ CASES WERE NOT SUPPORTED BY VERIFIED, CORROBORATED EVIDENCE.

No documents filed by parties opposing Nona Tobin in cases A-15-7220032-C, A-16-730078-C, Nevada Supreme Court appeal 79295 or A-19-798990-C were verified, corroborated, or supported by affidavits under oath.

Listed here are examples of what my opponents presented as verified evidence

Presented as evidence but lacking any sworn affidavit authenticating the records or stating that they are accurate, authorized, true or complete

1. 2/11/19 Julia Thompson Affidavit Red Rock’s clerical supervisor , Julia Thompson, signed a modified certification, stopping way short of saying the Red Rock foreclosure file was a true, accurate, contemporaneous and complete response to 2/4/19 subpoena. (RRFS 001-0425 served on 2/27/19)

• Sun City Anthem disclosed the Red Rock foreclosure file (RRFS 001-425) as unverified SCA 176 – SCA 643 by serving a picture of a DVD Pg 8 right after their ridiculous Privileges Log) on 5/31/18 (so I had no access to them until 12/24/18 a month after SCA mediated in bad faith). The Red Rock Foreclosure File (redacted), was disclosed per NRCP 16.1 as if it were the HOA’s true, complete, and accurate compliance, enforcement and foreclosure records without any certification of accuracy and completeness. Red Rock’s records are directly contradicted by SCA Board minutes and compliance records that were withheld in discovery. The 7-page blogpost linked here, aptly entitled, “Disputed Facts in Red Rock Foreclosure File Disclosed as SCA 176-643”, lists facts alleged by attorneys Steven Scow and David Ochoa that I dispute with verified documentary evidence that Judge Kishner ignored or excluded in toto without reasonable cause, notice or an opportunity to be heard.

• Red Rock and SCA disclosed between them 110 pages of proofs of service, return to sender, etc. to create the deception that notices were sent that were not. There are no proofs of service or returns to sender for any of the disputed notices, e.g., SCA 278, SCA 286, SCA 642-643 SCA 635, SCA 628

• Judge Kishner relied on SCA’s Red Rock’s unverified, uncorroborated, sometimes blatantly falsified record at the 3/26/19 hearing (3/26/19 annotated transcript,  3/26/19 minutes, 3/26/19, RTRAN. At the same 3/26/19 hearing where Judge Kishner accepted the HOA attorney’s verbal misrepresentations of the facts and he concealed the HOA’s actual official records (HOA Board minutes, 2/26/19 HOA RESP 2 ROGs, 2/26/19 HOA RESP 2 RFDs, Resident Transactions Report) judge Kishner rejected sua sponte the State of Nevada Ombudsman for the Owners in Common Interest Communities’ HOA foreclosure notice of sale compliance records on the grounds that the compliance screen (that I filed into the court record multiple times unchallenged (Tobin 080 (Exhibit 14, p. 112)) was not verified and, even if verified, it was not evidence of a disputed material fact. The same record verified by the Nevada Real Estate Division Custodian of Records Teralyn Lewis was resubmitted to support the motion for reconsideration as exhibit 7 to the 509-page reply (See linked 5/23/19 TOC).

• Judge Kishner also declared stricken from the record my 4/17/19 621-page Reply to support my pro se 4/10/19 joinder to Nationstar’s motion for summary judgment against Jimijack (also stricken) that included the authenticated Ombudsman’s HOA foreclosure notice of sale compliance records as an exhibit. See 12-page table of contents of the 4/17/19 filed, but stricken unheard, documentary evidence.
• In her 5/31/19 denial of the motion to reconsider her 4/18/19 motion, Judge Kishner concluded “The substantial exhibits that have been submitted in the case demonstrate that Nona Tobin as Trustee of the Trust was aware of the foreclosure and did not seek to stop the foreclosure.”

Nothing could be farther from the truth.

Conclusion

The evidence supporting my claims is overwhelming, and there is virtually nothing supporting the claims of my opponents.

I am exhausted by my attempts to articulate what I consider to be a massive failure of the judicial system to ensure a fair adjudication of a quiet title dispute.

I feel the discouragement and frustration of being a Cassandra.

I feel the sense of futility the New York Times cataloguers of The Complete List of Trump’s 2015-1/8/21 Twitter insults (134 pages) must have felt. 

No matter how overwhelmingly one-sided the evidence is to support my claims, it is still probable – not just possible, but overwhelmingly probable – that many, many people – including those with the sworn duty to enforce the law and protect the Constitution by weighing, and acting on, the verified evidence – will still ignore ALL the evidence and keep believing in a reality based on “alternative facts”.

I am begging you, Nevada Commissioners for Judicial Discipline, to look at the evidence and act according to your oath of office. Do not sweep this under the rug.

Here is a link to my 333-page rough draft of my complaint which has a linked table of contents. I can’t do any more.

Thank you for your prompt consideration.

Prepared on January 28, 2021

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing, and everything I say in all of these documents is true, correct, accurate as complete as I can make it.

Dated this 28^th day of January, 2021.

Nona Tobin, President

Fight Foreclosure Fraud, Inc.

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1. [1] 4/9/19 Tobin/Hansen Trust Notice of completion of mediation
2. 4/9/19Tobin Notice of appearance to return to Pro Se status
3. 4/10/19 Tobin Opposition to Nationstar’s motion for summary judgment against Jimijack and countermotion for summary judgment
4. 4/12/19 19 Tobin notice of appearance to return to Pro Se status as an individual (duplicate filed in error)
5. 4/12/19 Tobin/Hansen Trust Notice of completion of mediation (duplicate filed in error)
6. 4/12/19 Tobin OPPC vs Nationstar and Jimijack (duplicate filed in error)
7. 4/17/19 Tobin reply to support joinder to Nationstar motion for summary judgment

4/23/19 orders from the ex parte 4/23/19 hearing and the orders from the 9/3/19 hearing (#21-25 were not formalized until 11/22/19 order was entered five months after the trial and nearly three months after the Supreme Court dismissed my claims (See 9/10/19 NV Supreme Court’s return of my docketing statement (27 pages) unfiled because I was not aggrieved by the loss of a $500,000 house, $100,000 in rents, $60,000 in Red Rock unlawfully retained proceeds.