Nona Tobin’s Motion for Summary Judgment vs. Red Rock Financial Services, Nationstar, & Wells Fargo

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Comes now, counter-claimant/ cross-claimant Nona Tobin, an individual, in proper person, to hereby move for summary judgment vs. counter-defendant Red Rock Financial Services, a partnership, and cross-defendants Nationstar and Wells Fargo and moves that relief be granted to Nona Tobin as requested, including punitive damages and sanctions, pursuant to NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), and/or NRS 42.005.

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

  1. On 2/16/21 Red Rock served complaint with one cause of action: interpleader to distribute the proceeds of the 8/15/14 sale of 2763 White Sage.
  2. On 3/8/21 counter-claimant/ cross-claimant  Nona Tobin filed NONA TOBIN’S (Herein “AACC’) ANSWER, AFFIRMATIVE DEFENSES AND COUNTER-CLAIM VS. RED ROCK FINANCIAL SERVICES, CROSS-CLAIMS VS. NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A., AND MOTION FOR SANCTIONS VS. RED ROCK FINANCIAL SERVICES AND NATIONSTAR MORTGAGE LLC, AND/OR NATIONSTAR MORTGAGE DBA MR. COOPER PURSUANT TO NRCP 11(b)(1)(2)(3) and/or(4), NRS 18.010(2), NRS 207.407(1), NRS 42.005. JURY TRIAL DEMANDED.
  3. As there has been no timely responsive pleading from Red Rock, Nationstar, or Wells Fargo denying Tobin’s allegations, the court has the discretion to deem their silence as admission.

 (“Under NRCP 7(a) a reply to a counterclaim is a required responsive pleading. Because of his failure to reply, appellant admitted the allegations of the counterclaim. NRCP 8(d).”)

 Bowers v. Edwards, 79 Nev. 384, 389 (Nev. 1963)

(“If the plaintiff fails to demur or reply to the new matter, contained in the answer, constituting a defense, the same shall be deemed admitted.”)

Nevada-Douglas Co. v. Berryhill, 58 Nev. 261, 268 (Nev. 1938)

(“Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required…)

Danning v. Lum’s, Inc., 86 Nev. 868, 0 (Nev. 1971)

However, out of an abundance of caution, Tobin moves herein for summary judgment and sanctions to obtain relief instead of filing a notice of intent to take default.

Due to the seriousness of  the allegations and the high level of declaratory relief, sanctions and punitive damages sought, counter-claimant/ cross-claimant Nona Tobin requests a hearing to allow defendants an opportunity to reply and to show cause why the relief, sanctions and punitive damages requested should not be imposed.

REQUESTS FOR JUDICIAL NOTICE

Counter-claimant/cross-claimant Nona Tobin requests the court judicially notice the Requests for Judicial Notice Tobin filed into this case on 3/15/21 (APN 191-13-811052 Clark County complete property record), 4/4/21 (unadjudicated administrative complaints and civil claims), 4/7/21 (relevant laws, regulations and HOA governing document provisions) and 4/9/21 (NRCP 16.1 disclosures and subpoena responses from discovery in case A-15-720032-C and disputed facts in the court record).

NRS 47.130(2) (b) permits courts to judicially notice facts “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned, so that the fact is not subject to reasonable dispute.”

Pursuant to NRS 47.150, a “judge or court shall take judicial notice if requested by a party and supplied with the necessary information.”

Pursuant to NRS 47.160 “A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter to be noticed.”

Nona Tobin’s Requests for Judicial Notice, filed into this case on 3/15/21, 4/4/21, 4/7/21 and 4/9/21, are proper for judicial notice because they were 1) recorded against the property and are part of the Clark County Recorder’s Office records, or 2) were filed at some point into the court records of prior proceedings, or 3) fit the definition of NRS 47.140 (matters of law), and 4) are timely pursuant to NRS 47.150.  Mack v. S. Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986).

STATEMENT OF UNDISPUTED FACTS

AFFIRMATIVE DEFENSES

  1. The HOA sale was invalid to remove Tobin’s rights to title as it was non-compliant with foreclosure statutes, did not comply with the HOA governing documents, did not provide mandated due process, and involved fraud. Red Rock, Nationstar and Sun City Anthem withheld, concealed, misrepresented and/or falsified records to conceal the fraud.
  2. Defendants, acting alone or in conspiracy with others, covered up the fraud and successfully suppressed Tobin’s evidence so the courts acted on false evidence to rule against her and deny her access to the appellate courts.
  3. On 6/24/19 she lost title by being denied access to the trial and all documentary evidence excluded. See A-15-720032-C case summary without stricken documents vs. annotated summary and annotated 5/4/19 case info file.
  4. On 9/10/19 the Supreme Court denied her individual right to appeal.
  5. On 11/22/19 Tobin’s 7/22/19 motion for a new trial pursuant to NRCP 54b and NRCP 59a(1)ABCDF and 7/29/19 motion to dismiss for lack of jurisdiction pursuant to NRS 38.310 were stricken unheard along with all her pro se filings and motions stricken by 4/23/19 ex parte bench order
  6. On 4/30/20 the Supreme Court denied her access to appeal anything as an individual into appeal 79295.
  7. On 7/1/20 Sun City Anthem, Nationstar and Jimijack filed a joint respondents’ brief that was based on the false evidence from the Red Rock foreclosure file (RRFS 001-425) and (SCA 176-643 ignoring SCA 168-175) in response to the Gordon B. Hansen 12/19/19 opening brief.
  8. On 12/3/20 her A-19-799890-C complaint was dismissed with prejudice on the grounds of res judicata/non-mutual claims preclusion and three of her lis pendens (recorded on 8/7/14, 8/14/19, and 8/14/19) were expunged as if they had never been recorded.
  9. Dismissal of her A-19-799890-C complaint occurred after two order imposing sanctions on her for filing a quiet title complaint as an individual, , had been entered on 10/8/20 and 11/17/20 ($3,455 to Joseph Hong pursuant to EDCR 7.60(1) &/or (3) and $12,849 to Brittany Wood per NRS 18.010(2))
  10. On 3/8/21 NONA TOBIN filed her ANSWER, AFFIRMTIVE DEFENSES, COUNTER-CLAIMS & CROSS-CLAIMS the are summarized and expanded on below.
  1. Tobin’s AACC ANSWER basically denied that Red Rock had any proper purpose for filing a claim for interpleader after holding the funds, without legal authority, all the while obstructing Tobin’s multiple efforts for over the six years to stake a claim.
  2. Related to Tobin’s opinion of Red Rock’s motives, Tobin published on her blog SCAstrong.com: “Interpleader complaint was filed with an ulterior motive” and “Cause of Action: Abuse of Process” and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation

AFFIRMATIVE DEFENSES

Tobin’s AACC had nineteen affirmative defenses:
  1. Failure to state a claim
  2. Estoppel
  3. Fraud NRS 207.360 (9)(30)(35), NRS 205.395, NRS 205.377, NRS 205.330, NRS 205.405, NRS 111.175,
  4. Illegality NRS 207.230
  5. Waiver
  6. Failure to join a necessary party
  7. General and equitable defenses
  8. Priority
  9. False claims to title (NRS 205.395, NRS 205.377)
  10. Violation of Covenant of good faith (NRS 116.1113)
  11. Equitable doctrines (unclean hands, NRS 207.360 (9)(30)(35)
  12. Acceptance (distribution of proceeds)
  13. Waiver and Estoppel (Red Rock & Nationstar)
  14. Fraudulent Misrepresentation and fraudulent concealment NRS 205.405, NRCP 11(b)
  15. Failure to mitigate damages
  16. Unconstitutional (Due process clauses)
  17. Statutory violations (NRS 116.31031, NRS 116.31162 – NRS 116.31168 (2013), NRS 116.3102, NRS 116.31083, NRS 116.31085, NRS 38.310
  18. Rejection of two super-priority payments (SCA 513 and SCA 302)
  19. Violations of HOA CC&Rs owner protections (CC&Rs 7.4 Compliance & Enforcement; CC&Rs 16: Dispute Resolution and Limitation on Litigation

ANSWER

COUNTER-CLAIMS

Tobin’s AACC had five causes of action in the counter-claim vs. RRFS: 1) Interpleader: distribution of the proceeds plus penalties and interest; 2) Unjust enrichment and/or conversion; 3) Fraud; 4) Alter-ego piercing the corporate veil; and 5) Racketeering. See also published “Nona Tobin’s claims against Red Rock Financial Services”.

First Cause of Action: Interpleader

The controlling statute for the distribution of proceeds is NRS116.31164(3) (2013) which defines the after-sale ministerial duties of the person who conducted the sale.

There is no legal authority in the controlling statute for Red Rock Financial Services to claim $3500 in fees for filing this interpleader action.

Using the Nevada legal rate of interest table, total amount due to Nona Tobin is $87,115.31, of which $57,282.32 was the original principal that Red Rock identified as “excess proceeds”

Alternatively, if the calculation is done based on the amount of the proceeds Red Rock actually unlawfully retained, the amount due to Tobin presently is $91,855.11, of which $60,398.96 is the total undistributed portion of the $63,100 proceeds from the 8/15/14 sale. See Interest calculation on both principal amounts.

Tobin’s 3/28/17 deed is the sole current recorded claim.

No other defendant filed a claim into interpleader for a portion of the proceeds.

Second COA: Conversion

See the published “Cause of Action: Conversion” and “Cause of Action: Misappropriation of money” and “Cause of Action: Civil Conspiracy

Third COA: Fraud

See the published “Cause of Action: Fraud” and “What’s being human got to do with it?

See the published “SCA Board secretly sold a dozen houses in 2014

See the published “SCA Board did not properly authorize any foreclosure conducted by Red Rock

See the published “Red Rock foreclosure file is false, falsified and fraudulent

See the published “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148

See the published “SCA Board did not comply with HOA meeting laws

See the published Ombudsman’s Notice of Sale records for 17 foreclosures )

See the published “Due process is required before a person’s property can be confiscated

Fourth Cause of Action: Alter-ego piercing the corporate veil

See Exhibit 22 Excerpts of 1/31/17 cross-claim vs. HOA and its agents

Fifth COA: Racketeering

See the published “Cause of Action: RICO damages pursuant to NRS 207.470 Racketeering

Red Rock’s response to subpoena (RRFS 001-425) was unverified, incomplete, inaccurate, and contained some falsified documents.

Sun City Anthem disclosed the same unverified, uncorroborated Red Rock foreclosure file (SCA 176-643) and misrepresented it to the court as the HOA’s official records of the collection and foreclosure process.

Sun City Anthem concealed all the HOA’s records of what actually occurred, including but not limited to all the SCA Board agendas and minutes, un-doctored Resident Transaction Reports for 2763 White Sage, and all the HOA’s compliance and enforcement records for the foreclosures conducted by Red Rock under the HOA statutory authority.

See 4/9/21 Request for Judicial Notice  (NRCP 16.1 disclosures and subpoena responses from discovery in case A-15-720032-C and disputed facts in the court record) which contains:

EXHIBIT 3: DAVID OCHOA PROFFERED FOR SUN CITY ANTHEM

Both Sun City Anthem and Red Rock concealed in discovery the applicable 4/27/12 Red Rock debt collection contract which has an unenforced indemnification clause that is favorable to the HOA.

In addition to refusing to provide HOA records of probative value to Tobin’s case, Sun City Anthem attorney/debt collector Adam Clarkson required Nona Tobin, as an elected, sitting member of the HOA Board to recuse herself from all SCA collection matters, past or present, instead of relying on NRS 116.31084 (Voting by member of executive board; disclosures; abstention from voting on certain matters.) See 6/5/17 recusal acknowledgement.

Because Tobin was a party to this quiet title litigation, Sun City Anthem attorney/debt collector Adam Clarkson deemed her elected Board seat vacant “by operation of law” and removed her from her elected Board seat without an NRS 116.31036 removal election.

See 8/24/17 Clarkson letter that accused Nona Tobin of profiting from her elected seat on the Board by being party to this quiet title litigation.

See 8/16/17 Complaint to the Nevada State Bar vs. Clarkson and 9/12/17 rejection letter.

See the 9/7/17 Complaint to NRED Ombudsman and 8/9/18 rejection letter.

See the published “Why can’t I be a candidate for the Board?” and “HOA collection practices cost us all more than you think” and “Fire the debt collector” and “Elder Abuse: Part II – SCA Agents” and “On the advice of counsel is no defense”.

SCA attorney/debt collector has ruled without legal authority (NRS  that Nona Tobin is ineligible to run for election or return to her elected Board seat as long as the quiet title litigation is in the appellate courts, even if Sun City Anthem is not a party. See Clarkson “notice(s) of ineligibility” dated 2/9/18, 2/12/19, 2/06/20, and 2/12/21. See also 11/9/20 Tobin email to the HOA Board to fill vacant Board seat with 2017-2020 timeline and links. See the published “No 2021 Board election

SCA attorneys Adam Clarkson and David Ochoa published quarterly litigation reports that falsely claimed that Nona Tobin had been removed from her elected Board seat “for cause”.

See also the published “Election committee was inhospitable, angry even. Nevertheless I persisted

SCA disclosed, and RRFS provided in response to Tobin’s subpoena, misleading and falsified documents to deceive the court into concluding that the sale had been fair and properly noticed and the proceeds properly handled, including but not limited to SCA 276, SCA 277, SCA 278, SCA 286, SCA 635, SCA 642 , SCA 643. SCA 277, SCA 628, RRFS 071-083 (SCA 250-262), RRFS 047-048 (SCA 223-224), RRFS 119 (SCA 302), RRFS 128 (SCA 315), RRFS 238-244, RRFS 218-219 (SCA 415-416), RRFS 298-299, RRFS 312-326 (SCA 513-530), RRFS 398-399; RRFS 402 (SCA 618), RRFS 409-423, RRFS 424-425, RRFS 123, RRFS 124,

CROSS-CLAIMS

Tobin’s AACC had three causes of action vs. cross-defendants Nationstar and Wells Fargo: 1) Racketeering; 2) Unjust enrichment and/or conversion; and 3) Fraud.

See “Nona Tobin’s cross-claim vs. Nationstar and Wells Fargo” See “Nationstar Mortgage’s Fraud” and “Black letter law: anti-foreclosure fraud

See “Cause of Action: RICO damages pursuant to NRS 207.470 Racketeering

Cross-defendant Nationstar’s fraudulent misrepresentations and presentation of false evidence to two district courts obstructed a fair adjudication of Tobin’s claims in prior proceedings and before the Nevada Supreme Court.

Cross-defendant Nationstar’s ex parte meeting with Judge Kishner on 4/23/19  damaged Nona Tobin and caused her pro se filings to be stricken unheard.

See Complaint to the Nevada Commission on Judicial Discipline

Cross-defendant Nationstar recorded false claims to steal Nona Tobin’s property.

Cross-defendant Nationstar is judicially estopped from claiming that it ever was the beneficiary of the Hansen deed of trust. See Complaint against Melanie Morgan

PRAYER

Nona Tobin’s AACC Prayer for relief is quoted here with links added to laws, regulations, documentary evidence or argument to support claims for relief and punitive damages.

See the published “Nona Tobin’s, Red Rock’s & Nationstar’s prayers for relief

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:

  1. that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
  2. that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title; See “Nona Tobin’s declaration under penalty of perjury” and Whatever happened to “equal protection under the law“?
  3. 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. (See 4/12/21 Tobin motion to distribute)
  4. that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due
  5. that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds; See “Red Rock foreclosure file is false, falsified and fraudulent
  6. 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; See SCA bylaws 3.20/3.18 and “NRS 116.31164(3)(2013) vs. NRCP 22: Interpleader vs. HOA bylaws prohibiting delegation
  7. that sanctions are appropriate vs. RRFS for its failure to distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3): (See 4/12/21 Tobin motion to distribute)
  8. 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; See SCA bylaws 3.20/3.18
  9. Koch & Scow’s filed its unwarranted 6/23/20 motion to dismiss, its 8/3/20 reply in support, and its 12/3/20 order granting its 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). (See 4/7/21 request for judicial notice.)
  10. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  11. 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; (See “SCA Board secretly sold a dozen houses in 2014” and “SCA Board did not properly authorize any foreclosure conducted by Red Rock” and “Red Rock foreclosure file is false, falsified and fraudulent” and “Deceptive disclosures: 12/5/13 meeting vs. SCA 315 & RRFS 148” and “SCA Board did not comply with HOA meeting laws” and Ombudsman’s Notice of Sale records for 17 foreclosures )
  12. that sanctions are appropriate pursuant to NRCP 11 (b)(1)(2)(3)(4) and 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;
  13. that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
  14. that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345; (See 1/17/17 Tobin DECL re notary fraud)
  15. 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 NRCP 11 (b)(1)(2)(3)(4);
  16. 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).
  17.  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;
  18. That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
  19.  That Nona Tobin is entitled to recoup damages, five years of rental income from Jimijack;
  20. 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 205.395NRS 205.377NRS 207.400 and that Nona Tobin is entitled to treble damages by their misconduct pursuant to NRS 207.470 and 480; See “All Declarations under penalty of perjury support Nona Tobin” and “Nationstar Mortgage’s fraud” and “Why Nationstar’s attorneys must be sanctioned and pay damages” and “Complaint against Melanie Morgan” and “1st complaint to the Nevada AG” and “2nd complaint to the Nevada Attorney General
  21. 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 See 4/7/21 request for judicial notice of relevant laws and “What is lis pendens?” and
  22. 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)

Tobin’s 3/8/21 AACC had 22 Exhibits

  1. APN 191-13-811-052 Clark County Property Record and allegations of fraud vs. all opposing parties
  2. the sale was void for rejection of assessments.
  3. The alleged default was cured three times,
  4. SCA Board did not authorize the sale by valid corporate action
  5. Required notices were not provided, but records were falsified to cover it up
  6. SCA Board imposed ultimate sanction with NO due process 
  7. Neither BANA nor NSM ever owned the disputed DOT
  8. Examples of RRFS corrupt business practices
  9. Attorneys’ lack of candor to the tribunal
  10. the proceeds of the sale were not distributed pursuant to NRS 116.31164(3) (2013)
  11. RRFS’s fraud, oppression & unfairness
  12. attorney interference in the administration of justice
  13. lack of professional ethics and good faith
  14. Presented false evidence to cover up crime
  15. Civil Conspiracy to cover up racketeering warrants punitive damages
  16. Republic Services lien releases
  17. Nona Tobin’s standing as an individual
  18. Relevant statutes and regulations
  19. RELEVANT HOA GOVERNING DOCUMENTS PROVISIONS
  20. Administrative Complaints related to the APN 191-13-811-052 title dispute
  21. Nevada court cases related to the APN 191-13-811-052 title dispute
  22. Excerpts of 1/31/17 cross-claim vs. HOA and its agents

LEGAL STANDARD AND ARGUMENT

Motion for summary judgment.

MSJ must be granted because counter and cross defendants didn’t file a responsive pleading.

The purpose of summary judgment is to identify and dispose of factually unsupported claims and defenses. See Celotex Corp. v. Catrett, 477 U.S. 317, 323–24106 S.Ct. 254891 L.Ed.2d 265 (1986). Summary judgment is therefore appropriate if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “A party asserting that a fact cannot be or is genuinely disputed must support the assertion,” and can do so in either of two ways: by “citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials”; or by “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed.R.Civ.P. 56(c)(1).

“A fact is ‘material’ when, under the governing substantive law, it could affect the outcome of the case. A ‘genuine issue’ of material fact arises if ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Thrifty Oil Co. v. Bank of Am. Nat’l Trust & Sav. Ass’n, 322 F.3d 1039, 1046 (9th Cir.2003) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248106 S.Ct. 250591 L.Ed.2d 202 (1986)). Conversely, where the evidence could not lead a rational trier of fact to find for the nonmoving party, no genuine issue exists for trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587106 S.Ct. 134889 L.Ed.2d 538 (1986) (citing First Nat’l Bank v. Cities Serv. Co., 391 U.S. 253, 28988 S.Ct. 157520 L.Ed.2d 569 (1968)).

The moving party has the burden of persuading the court as to the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548;Miller v. Glenn Miller Prods., 454 F.3d 975, 987 (9th Cir.2006). The moving party may do so with affirmative evidence or by “ ‘showing’—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.” Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Once the moving party satisfies its burden, the nonmoving party cannot simply rest on the pleadings or argue that any disagreement or “metaphysical doubt” about a material issue of fact precludes summary judgment. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548;Matsushita Elec., 475 U.S. at 586106 S.Ct. 1348;Cal. Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir.1987). The nonmoving party must instead set forth “significant probative evidence” in support of its position. T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 630 (9th Cir.1987) (quoting First Nat’l, 391 U.S. at 29088 S.Ct. 1575).Summary judgment will thus be granted against a party who fails to demonstrate facts sufficient to establish an element essential to his case when that party will ultimately bear the burden of proof at trial. See Celotex, 477 U.S. at 322, 106 S.Ct. 2548.

When evaluating a motion for summary judgment, the court must construe all evidence and reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. See T.W. Elec. Serv., 809 F.2d at 630–31. Accordingly, if “reasonable minds could differ as to the import of the evidence,” summary judgment will be denied. Anderson, 477 U.S. at 250–51106 S.Ct. 2505.

Turner v. Haw. First Inc., 903 F. Supp. 2d 1037, 1042-44 (D. Haw. 2012)

4/7/21 Request for Judicial Notice of the relevant laws, regulations & HOA governing documents

Tobin’s 4/7/21 RFJN has 10 exhibits

ARGUMENT

Defendants’ presentation of false evidence to the courts damaged Nona Tobin and caused her to lose

The falsification of accounts, the charging  of excessive, unauthorized fines, wrongly called “collection fees, the misappropriation of funds, and the related conspiracy are part of a pattern and practice of corrupt organizations.

Nona Tobin is entitled to damages that occurred to her as a direct result of racketeering and fraud on the part of counter-defendant Red Rock and cross-defendant Nationstar:

(“Like their federal counterparts, Nevada’s anti-racketeering statutes provide for a civil cause of action for injuries resulting from racketeering activities under which a plaintiff may recover treble damages, attorney’s fees and litigation costs.”)

Hale v. Burkhardt, 104 Nev. 632, 0 (Nev. 1988)

(“Pursuant to NRS 207.470 and NRS 207.400, a civil RICO cause of action may be based upon proof that the defendant engaged in at least two crimes related to racketeering that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents….

Demarigny v. McCormick (In re Receivership of Sw. Exch., Inc.), 381 P.3d 626 (Nev. 2012) 

NRS 207.390 (emphasis added). ”)

  • NRS 207.360 (30) defines “offering false evidence” as a crime related to racketeering.
  • A partial list of the Counter-Defendants’, Cross-defendants’ and third-party defendants’ Predicate Acts show a pattern of corrupt business practices under the definition of NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation;
  • Violations of  NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation are defined as racketeering under NRS 207.360 (35)

Nationstar LLC and/or Nationstar LLC dba Mr. Cooper recorded false claims

on 12/1/141/22/158/17/151/13/166/7/16,  3/8/19 rescind and 3/8/19 assign, and 6/3/19.

Red Rock Financial Services recorded false claims

on 12/14/123/12/134/3/134/8/13, and executed the foreclosure deed Thomas Lucas recorded on 8/22/14.

Joseph Hong’s clients recorded false claims

on 6/9/156/9/1512/1/155/1/195/23/195/28/197/24/1912/3/1912/27/19, and 12/27/19 and aided and abetted false claims to be recorded on 6/3/196/4/197/10/197/17/19,  12/27/192/6/202/6/20,  and 12/4/20.

Attorneys aided and abetted mortgage servicing fraud

of both Bank of America and Nationstar Mortgage by filing into these quiet title civil actions statements known to be false and disclosing false evidence Edgar Smith (NV bar #5506)on 1/11/164/12/16, DECL4/12/165/10/166/2/166/3/166/10/163/27/17 DECL , 3/27/1711/9/172/9/18, (Dana Johnson Nitz NV Bar #0050, Michael Kelly NV Bar #10101).

Akerman LLP (Melanie Morgan NV Bar #8215, Karen Whelan NV Bar #10466, Donna Wittig NV Bar #11015). 5/15/182/7/19, Thera Cooper NV Bar #13468, 2/12/192/12/19,  2/20/192/21/192/21/192/27/192/28/192/28/193/7/193/12/193/12/193/18/193/21/193/26/19 RTRAN, 4/12/194/15/19 (SAO signed 4/10/19), 4/19/19,  4/23/194/23/19 RTRAN4/25/19 RTRAN5/3/195/21/19 RTRAN5/29/19 RTRAN5/31/196/24/196/24/196/25/197/1/197/22/19.

Joseph Hong (NV Bar #5995) filed written false statements

filed frivolous unsupported harassing pleadings, knowingly made false verbal statements, made fraudulent misrepresentations of material facts, concealed/failed to disclose material facts, conspired with others, received proceeds, on these dates, 6/9/15 DEED6/16/15, 6/8/16, 8/12/1510/16/158/30/169/29/16 RTRAN12/5/1612/20/16 RTRAN3/13/173/13/173/13/1712/5/18,  3/25/193/26/19 RTRAN, 4/15/194/22/194/23/19 minutes,  4/23/19 RTRAN4/23/19 RTRAN annotated, 4/25/19 RTRAN, 5/1/19 DEED, 5/3/19, 5/21/19, 5/23/19 Agreement, 5/24/19, 5/29/19 video, 5/29/19 RTRAN, 6/3/19 RTRAN, 6/3/19 video, 6/5/19, 6/5/19 video, 6/5/19 RTRAN, 6/5/19 video, 6/6/19 RTRAN6/24/196/28/198/7/198/13/199/3/19 RTRAN, 9/3/19 video, 6/25/20, 7/1/20,  8/3/20 annotated,, 8/11/20 video, 8/11/20 RTRAN, 10/8/2010/8/20 annotated10/16/20 OST10/16/20 NEO, 10/29/20 RTRAN, 10/29/20 video, 11/3/20 video, 11/3/20 RTRAN.

Suppression of Nona Tobin’s evidence and misrepresentation of her standing by defendants prevented a fair adjudication of her claims.

Excerpt from Bar complaint vs. Brittany Wood

1.              Over the last five years of litigation I was forced into…I have been attempting regain title to a house that was wrongly foreclosed and secretly sold in 2014 by Red Rock Financial Services.

This complaint, and the multiple other new and pending complaints to the discipline panel, I have and will be filing, stem from my personal horrifying litigation experience.

I, Nona Tobin,  am filing this complaint to the Nevada State Bar Ethics & Discipline Panel as the President of the newly-formed Fight Foreclosure Fraud, Inc. I make all statements herein based on my personal knowledge under penalty of perjury under the laws of the State of Nevada. I am filing this complaint without representation, but I am seeking counsel to represent me, and Fight Foreclosure Fraud, Inc., on complaints to the Nevada State Bar, the Nevada Attorney General, the Nevada Mortgage Lending Division, the American Bar Association Ethics & Discipline Panel, the Nevada Real Estate Division Commission for Common-Interest Communities.

VIDEO 1:20-minute VIDEO How did Nona Tobin lose the $500,000 house she inherited from Bruce Hansen?

4:52-minute VIDEO “How lenders cheat owners out of their houses

Over the last five years, no judge has looked at any evidence.

Over the last five years, every opposing counsel lied to the court presented false evidence, concealed and misrepresented material facts, and obstructed a fair adjudication of my claims on their merits. 

Actual damages to me personally

The consequences of this successful fraud were perpetrated primarily by attorneys:

  1. the title to a $500,000 house was taken from me by a fraudulently conducted-unnoticed foreclosure sale,
  2. Nationstar stole from me the $389,000 outstanding Western Thrift & Loan debt of deceased borrower Gordon Hansen that I did not owe and was not owed to Nationstar.
  3. Joel and Sandra Stokes kept $100,000+ in rental profits that belong to me,
  4. Red Rock attorneys Koch & Scow retained $60,000 that they refused to distribute to me in 2014 and has now accrued plus six years of interest and costs to pursue my claim against massive obstruction
  5. I have been forced to expend tens of thousands of dollars on litigation costs and thousands of hours of personal time to attempt to recover what was stolen from me.
The HOA sale was invalid to remove Tobin’s rights to title as it was non-compliant with foreclosure statutes, did not comply with the HOA governing documents, did not provide mandated due process, and involved fraud.
Defendants withheld, concealed, misrepresented and/or falsified records to conceal the fraud.

The PUD Rider Remedies (F)

  • Nationstar disclosed the disputed Hansen deed of trust as NSM 145-161. NSM 159-161 is the PUD Rider which includes the Remedies section (F) on NSM 160.
  • Nationstar has gone to extraordinary lengths to prevent the adjudication of my claim that the PUD Rider gives lenders only the option to add any delinquent HOA fees they pay on behalf of the borrower to the outstanding balance with interest and does not allow the lender’s payment to become a de facto foreclosure without complying with the foreclosure requirements of NRS Chapter 107.  
  • Neither Bank of America nor Nationstar ever recorded a notice of default on the Hansen deed of trust and instead chose to duplicitously tender the super-priority portion of the HOA’s lien while obstructing the HOA assessments from being paid out of the escrow of fair market, arms-length sales.
  • See 5/20/19 Doug Proudfit Declaration.
  1. This is a rejection of a second super-priority tender that would have voided the sale, but Nationstar concealed it and falsely claimed, without evidence, that the sale was valid to extinguish Tobin’s rights but not to extinguish Nationstar’s baseless claims.
  2. Because both Red Rock and Nationstar concealed Red Rock’s covert rejection of Nationstar negotiator Veronica Duran’s offer, Nationstar’s 2/12/19 joinder, based on false evidence and misrepresentation of the facts and the law, succeeded.
  3. See also Nationstar’s 3/21/19 MSJ vs. Jimijack where the misrepresentations are repeated despite the fact that on 3/8/19 Nationstar rescinded its recorded claim to be Bank of America’s successor in interest.
  4. RRFS did not inform the SCA Board of the NSN 5/28/14 offer of $1100, one year of assessments, to close escrow on the 5/8/14 $367,500 sale to high bidder MZK. This is a rejection of a second super-priority tender that would have voided the sale that Nationstar also concealed
  5. Because both Red Rock and Nationstar concealed Red Rock’s covert rejection of Nationstar negotiator Veronica Duran’s offer, Nationstar’s 2/12/19 joinder, based on false evidence and misrepresentation of the facts and the law, succeeded.

CONCLUSION

Red Rock Financial Services secretly sold 2763 White Sage for $63,100 three months after Nona Tobin had sold it on auction.com for $367,500. Red Rock kept $60,398.96 without any legal authority for over six years while actively obstructing Nona Tobin’s ability to claim it.

Defendants egregious conduct in this case is indicative of a pattern and practice of corrupt business practices of debt collectors, attorneys, and banks that have damaged many, many homeowners and Homeowners Associations in Nevada and other states in the nation. See “We can learn a lot from this Spanish Trail HOA case

 Red Rock’s deceit was aided and abetted by multiple parties, including cross-defendants Nationstar and Wells Fargo, as well as multiple attorneys who are named in her not-yet-served 3/22/21 third-party complaint against attorneys who failed in their duties under the Nevada Rules of Professional Conduct.

See 4/7/21 RFJN laws and regulations exhibit 6

SANCTIONS & DAMAGES


Nevada Rules of Professional Conduct
 (as amended through 10/19/19)

Nevada Rules of Professional Conduct excerpts related to the instant action

ABA Standards for Imposing Lawyer Sanctions (as amended 1992)

ABA Standards for Imposing Lawyer Sanctions – excerpts

Defendant Nona Tobin respectfully moves the court to grant her motion for summary judgment against Red Rock Financial Services, Nationstar Mortgage LLC and Wells Fargo,

Tobin prays for the relief punitive damages and sanctions requested and for any and all further relief as the court deems appropriate.

Case Detail: A-21-828840-C Nona Tobin vs. banks, debt collectors & attorneys

Links to PDFs of case file

  1. 2/16/21 summons Tobin served Red Rock interpleader complaint
  2. 2/17/21 AOS affidavit of service
  3. 3/8/21 Tobin AACC vs. Red Rock, Nationstar and Wells Fargo
  4. 3/15/21 RFJN request judicial notice of property record identifying recorded false claims to title
  5. 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
  6. 4/4/21 RFJN unadjudicated claims by Tobin and Nationstar
  7. 4/7/21 RFJN relevant laws and regs
  8. 4/9/21 RFJN false evidence in the court record
  9. 4/9/21 ANSC Nationstar’s answer to Red Rock’s interpleader
  10. 4/12/21 Tobin MTD Motion to distribute (returned)
  11. 4/14/21 CNND CLERK’s notice that 4/12 MTD returned as failed to request a hearing
  12. 4/15/21 MSJ Tobin Motion for summary judgment
  13. 4/15/21 CONFILE Tobin 4/12/21 motion to distribute corrected re-filed
  14. 4/16/21 CNNDCA clerks’ notice of curative action to nonconforming document  
  15. 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
  16. 4/16/21 CNOH CLERK’s notice of hearing Tobin motion for an order to distribute on 5/18/21
  17. 4/16/21 CNOH CLERK’s notice of hearing Tobin MSJ
  18. 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? ”
How did Nona Tobin lose the $500,000 house she inherited from Bruce Hansen? was first published on 10/9/20 when Nona started trying (unsuccessfully) to use technology to level the playing field by naming and shaming.

“What happened after Sun City Anthem refused Nona’s 2017 offer to settle?”

“What happened after Sun City Anthem refused Nona’s 2017 offer to settle?” was published on 11/9/20 after Nona was subjected to four years of unwarranted, financially draining, and emotionally taxing litigation.

“The house that took over a life”

“The house that took over a life” was first published on SCAStrong.com on 1/14/18. Things have gotten considerably worse after three more years of grueling litigation.

Case Detail A-21-828840-C as of 4/10/21

Register of Actions as of 4/10/21 includes Red Rock’s complaint served on five defendants on 2/16/21; Nona Tobin’s 3/8/21 answer and counterclaim and crossclaim; four Tobin requests for judicial notice. On 4/9/21 Melanie Morgan filed an untimely answer for both Nationstar and Wells Fargo, but filed no counter-claims against Red Rock. Morgan did not answer Nona Tobin’s 3/8/21 cross-claim against her clients.
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.
Red Rock did not face any liability, let alone liability for an amount that exceeded the proceeds unlawfully retained. Red Rock filed this complaint for the improper purpose of obstructing justice, i.e., trying to moot appeal case 82294 and to cover up the unlawful failure to distribute the proceeds of the sale in 2014 as mandated by statute. Five defendants were named when only one, Nona Tobin as an individual, has a current recorded claim for the undistributed proceeds.
2013 Nevada law governing the distribution of proceeds after an HOA foreclosure sale was NRS 116.31164(3)
NRS-116.31164-3-2013. Red Rock and/or Steven Scow unlawfully retained the proceeds for over six years from this and many other foreclosures. There is nothing in Nevada law that allows Red Rock to collect attorney fees or costs for filing interpleader. There are also provisions in the HOA bylaws that prohibit any funds collected on behalf of Sun City Anthem from being under the proprietary control of anyone other than the HOA Board of Directors. Steven Scow’s retention of proceeds after being instructed by Red Rock in 2014 to interplead them should be investigated as possible attorney trust fund violations.
Red Rock asked Steven Scow to interplead the proceeds in 2014
Steven Scow for Red Rock’s interpleader prayer for relief
Red Rock’s interpleader prayer for relief is duplicitous as Red Rock conducted a fraudulent sale, and with no legal authority, Steven Scow and/or Red Rock kept virtually all the money for years.
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 Republic Services filed a disclaimer of interest within 24 hours of service

2/17/21 Republic Services Disclaimer of Interest

Within 24 hours of service on Republic Services’ commercial agent in Carson City, an attorney in Las Vegas filed a Republic Services’ disclaimer of interest. According to the statute, Red Rock was required to distribute the sale proceeds to junior lien holders in 2014. Red Rock did not distribute the proceeds and so the three-year statute of limitations on statutory liens, Republic Services had already released its two liens in 2017. Given how very, very many times Red Rock has pulled this stunt, one would think Republic Services would have at least a little reluctant to disclaiming interest.

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
Nona Tobin’s 3/8/21 counter-claim against Red Rock has five causes of action: 1) distribution of the proceeds to Tobin plus interest & penalties; 2) unjust enrichment/conversion; 3) Fraud; 4) Alter ego -piercing the corporate veil; 5) Racketeering.

Nona Tobin’s 3/8/21 cross-claim against Nationstar and Wells Fargo includes three causes of action: 1) Racketeering, 2) Unjust enrichment/conversion; and 3) Fraud.

As of 4/11/21, no counter-defendant nor cross-defendant has filed a responsive pleading to refute Tobin’s claims against them.

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:

  1. that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
  2. that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title;
  3. 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.
  4. that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales;
  5. that sanctions are appropriate vs. RRFS for its falsification of records to evade detection of misappropriation of funds;
  6. 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;
  7. that sanctions are appropriate vs. RRFS for its failure distribute foreclosure proceeds timely after the sales, as mandated by NRS 116.31164(3):
  8. 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; 
  9. 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).
  10. 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;
  11. 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;
  12. 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;
  13. that Nona Tobin, an individual’s, 3/28/17 deed is the sole valid title claim;
  14. that Jimijack’s defective, 6/9/15 deed was inadmissible as evidence to support its title claim pursuant to NRS 111.345;
  15. 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 ;
  16. 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).
  17.  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;
  18. That Nona Tobin is entitled to recoup treble damages pursuant to NRS 207.470 and
  19.  That Nona Tobin is entitled to is entitled to recoup damages, five years of rental income from Jimijack;
  20. 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;
  21. 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
  22. 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

  1. APN 191-13-811-052 Clark County Property Record and allegations of fraud vs. all opposing parties
  2. the sale was void for rejection of assessments.
  3. The alleged default was cured three times,
  4. SCA Board did not authorize the sale by valid corporate action
  5. Required notices were not provided, but records were falsified to cover it up
  6. SCA Board imposed ultimate sanction with NO due process 
  7. Neither BANA nor NSM ever owned the disputed DOT
  8. Examples of RRFS corrupt business practices
  9. Attorneys’ lack of candor to the tribunal
  10. the proceeds of the sale were not distributed pursuant to NRS 116.31164(3) (2013)
  11. RRFS’s fraud, oppression & unfairness
  12. attorney interference in the administration of justice
  13. lack of professional ethics and good faith
  14. Presented false evidence to cover up crime
  15. Civil Conspiracy to cover up racketeering warrants punitive damages
  16. Republic Services lien releases
  17. Nona Tobin’s standing as an individual
  18. Relevant statutes and regulations
  19. RELEVANT HOA GOVERNING DOCUMENTS PROVISIONS
  20. Administrative Complaints related to the APN 191-13-811-052 title dispute
  21. Nevada court cases related to the APN 191-13-811-052 title dispute
  22. 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.

3/22/19 Nona Tobin’s third-party complaint
Four causes of action and claims for relief, damages and sanctions were filed against attorneys as individuals rather than against their clients. The causes of action were 1) abuse of process; 2) Fraud; 3) Civil Conspiracy; 4) Racketeering.

Nona Tobin’s 3rd party complaint prayer for relief

  1. 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;
  2. 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;
  3. 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;
  4. that the Counter-Defendant, Cross-Defendants, and Third-Party-Defendants concealed the unethical and/or criminal actions of co-conspirators and others;
  5. that the disputed HOA sale did not extinguish the GBH Trust’s nor its successor trustee’s rights to title;
  6. that Plaintiff is entitled to the $57,282 undistributed proceeds of the sale;
  7. 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;
  8. 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;
  9. 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
  10. 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;
  11. 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;
  12. 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).
  13. 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

3/15/21 RFJN Clark County official property records for APN 191-13-811-052

Instrument
number
Record
date
Document type
description
2021021200015492/12/21DEED of trust 12/28/20 quicken LLC $355,320 loan 2 Chiesi
2021020500004202/5/21Substitution/reconveyance of quicken INC 12/27/19 $353,500 loan to switch 2 12/28/20 $355,320 dot quicken LLC 2 Chiesi
20201204000109712/4/20Order 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.
2020020600001992/6/20reconveyance 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.
2020020600001982/6/20Substitution 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.
20191227000134612/27/19DEED of trust 12/26/19 $353,500 quicken loans INC 2 Brian & Debora Chiesi
20191227000134512/27/19DEED 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.
Escrow #19-11-120779jh
DECLaration of value
20191227000134412/27/19DEED 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
20191203000315212/3/19On 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.
2019081400030848/14/19LIS pendens Tobin recorded 39 pages with a-19-799890-c complaint attached.
On
8/13/19 Tobin filed nolp into a-19-799890-c
2019081400030838/14/19LIS pendens related to Tobin/Hansen trust appeals 79295 7 pages plus receipt for recording both 8/14/19 LIS pendens
2019080800020978/8/19LIS pendens (7 pages) related to 7/23/19 Hansen trust appeal & 7/24/19 appeals & 8/7/19 a-19-799890-c
2019072400033557/24/19Judgment 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.
2019071700029717/17/19Assignment 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.
2019071000023527/10/19Akerman 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.
2019060400007726/4/19Assignment of Joel Stokes DEED of trust had no proper purpose, but served to cloud the title and attempted to cover the dirty money trail.
2019060300015996/3/19substitution/ reconveyance release of LIEN of Hansen DEED of trust to Joel Stokes
2019052800028435/28/19LIS pendens release of Nationstar’s LIS pendens by Joel & Sandra Stokes as trustees of Jimijack
2019052300035315/23/19DEED of trust Joel Stokes-$355,000 DEED of trust from civic financial services
2019050600010225/6/19LIS pendens Hansen trust/Tobin
2019050100033485/1/19DEED 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.
2019030800027903/8/19Assignment 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.
2019030800027893/8/193/8/19 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
2017033100030733/31/17Interest disclaimer lee/f bondurant filed 3/8/17 NSM 222-227
2017033100030723/31/17Interest disclaimer Lucas/ophomes filed 3/8/17 NSM 218-211
2017033100030713/31/17Interest disclaimer steve Hansen filed 3/28/17 NSM 212-217
2017033000038603/30/17Republic services released its 2nd garbage LIEN recorded 5/6/14 concealed by rrfs & NSM
2017033000038593/30/17Republic services released its 1st garbage LIEN recorded 9/23/13
2017032800014523/28/17DEED Gordon b Hansen trust, dated 8/22/08, 2 Nona Tobin, individual, NSM 208-211
2016060700014506/7/16LIS pendens re NSM 6/2/16 aacc vs Jimijack NSM 203-207
2016052300014175/23/16Request notice by Tobin 4 Hansen trust not disclosed by NSM
2016052300014165/23/16Certificate of INCumbency Nona Tobin 4 Hansen trust
2016011300010511/13/16LIS pendens re 1/11/16 complaint Nationstar vs opportunity homes
20151201000340212/1/15Judgment 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
2015081700010568/17/15Substitution 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.
2015060900015456/9/15DEED 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.
2015060900015376/9/15DEED, 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.
2015031200022853/12/15Substitution/
reconveyance Wells Fargo 2nd open-ended deed of trust
2015022300006082/23/15RPTT refund 2 Thomas Lucas
2015012200018501/22/15request notice Nationstar
20141201000051812/1/14Nationstar’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.
2014090900009749/9/14On 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.
2014082200025488/22/14DEED HOA foreclosure 2 opportunity homes
2014050600043575/6/14LIEN 2nd garbage was recorded on 5/6/14 and released on 3/30/17
2014021200015272/12/14notice of 3/7/14 HOA sale
2013092300013699/23/13LIEN 1st garbage
2013040800010874/8/13default 2nd HOA notice of default,
2013040300015694/3/13notice of rescission of HOA 1st notice of default
2013031200008473/12/13default HOA 1st notice of default
20121214000133812/14/12LIEN $ 925.76 when $300 was due & owing
2012041200018834/12/12assignment mers 2 Bank of American by Bank of American
2008082700036278/27/08DEED 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.
2007051000011275/10/07DEED 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
2004090100072979/1/04Declaration of Homestead by Gordon B. Hansen, an unmarried man
2004083100075638/31/04Sub 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.
2004081700022848/17/04Reconveyance of 11/20/03 Wells Fargo $55,000 2nd DOT
To Hansen .
The 11/20/03 lien was released on 8/17/04
2004072200035077/22/04DEED 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,
2004061100055476/11/04DEED
20031120000403011/20/03DEED of trust $55,000 Wells Fargo 2nd deed of trust to Gordon & Marilyn Hansen
2003091000005889/10/03DEED of trust assign 7/31/03 dot city first mortgage 2 washington mutual
2003073100044447/31/03DEED of trust Gordon & marilyn Hansen $310,600 1st dot from city first mortgage
2003073100044437/31/03power 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)
2003073100044427/31/03DEED Del Webb 2 Marilyn & Gordon Hansen
2003073100044417/31/03Notice of completion
  1. 2003 recorded claims
  2. 2004 recorded claims
  3. 2007 recorded claims
  4. 2008 recorded claims
  5. 2012 recorded claims
  6. 2013 recorded claims
  7. 2014 recorded claims
  8. 2015 recorded claims
  9. 2016 recorded claims
  10. 2017 recorded claims
  11. 2019 recorded claims
  12. 2020 recorded claims
  13. 2021 recorded claims

4/4/21 RFJN Unadjudicated claims & administrative complaints

Nona Tobin’s administrative complaints
  1. 1/28/21 NCJD complaint to the Nevada Commission on Judicial Discipline vs. Judge Joanna Kishner
  2.  “Recommendation to the Nevada Commission on Judicial Discipline
  3. 3/14/19 AG complaint vs. Nationstar & Jimijack Irrevocable Trust
  4. 11/10/20 2nd AG complaint vs Nationstar; Akerman; Wright Finley Zak; Bank of America
  5. 12/16/20 complaint to the Mortgage Lending Division vs. Nationstar; Akerman; Wright Finley Zak; Bank of America
  6. 2/14/21 complaint to the State Bar of Nevada vs. Joseph Hong
  7.  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
  1. Nationstar’s 1/11/16 A-16-730078-C complaint Nationstar vs. Opportunity Homes
  2. Nationstar’s 6/2/16 AACC answer, affirmative defenses and counter-claim vs. Jimijack
Nona Tobin’s unadjudicated pleadings in prior proceedings
  1. Summary of Nona Tobin’s unadjudicated pleadings
  2. Nona Tobin’s unadjudicated claims vs. Sun City Anthem
  3. Nona Tobin’s unadjudicated claims vs. Jimijack
  4.  Nona Tobin’s unadjudicated claims vsYuen K. Lee dba F. Bondurant LLC
  5. Nona Tobin’s unadjudicated claims vs. Thomas Lucas dba Opportunity Homes LLC
  6. Nona Tobin’s unheard 8/7/19 quiet title & equitable relief, unjust enrichment & abuse of process complaint
Nona Tobin’s unadjudicated district court motions
  1. 3/3/17 Nona Tobin’s unheard motion to void the sale for statutory non-compliance
  2. Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. Jimijack Irrevocable Trust
  3. Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. all parties
  4. 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
  5. Nona Tobin’s unheard 6/17/19 motion to intervene as an individual
  6. 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)
  7. 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
  1. 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.
  2. 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
  3. 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
  4. 5/31/19 order denying motion to reconsider 4/18/19 order
  5. 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
  6. 9/4/19 order that denied Nona Tobin the right to appeal as an individual
  7. 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
  8. 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
  9. 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.
  10. 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.
  11. 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

4/7/21 RFJN Relevant laws and regulations

4/9/21 RFJN evidence and disputed facts in the court record

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
EXHIBIT 3: DAVID OCHOA PROFFERED FOR SUN CITY ANTHEM
EXHIBIT 4: NONA TOBIN & THE HANSEN TRUST PROFFERED EVIDENCE
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

Nationstar evidence was not examined

4/9/21 Nationstar & Wells Fargo filed an answer to Red Rock’s 2/16/21 complaint

Nationstar and Wells Fargo deceptively failed to admit that neither of them have a recorded claim for the proceeds. Nationstar and Wells Fargo failed to file a disclaimer of interest so the proceeds could go properly to Nona Tobin for the improper purpose of covering up Nationstar’s fraudulent conduct in relation to the Hansen deed of trust.
Melanie Morgan knows that the proceeds must be distributed ONLY to Nona Tobin because Wells Fargo’s liens were released on 3/30/17 and Nationstar as part of a fraudulent deal with Joel Stokes, released the lien of the Hansen deed of trust on 6/3/19.

Nona Tobin’s Pending Appeals of cases A-15-720032-C and A-19-799890-C

Prior 8th Judicial District Court actions

Case summary A-15-720032-C
Link to 29-page case summary
Register of Actions A-16-730078-C (consolidated in 2016 when Nona Tobin filed a motion to intervene)
Link to full 2-page case summary annotated
Case summary A-19-799890-C

8/7/19 Nona Tobin’s complaint

The complaint was filed on 8/7/19 by Nona Tobin, Pro Se, in order to beat the 8/14/19 five-year statute of limitations. Causes of action: Quiet title & equitable relief (against all defendants), Cancellation of instruments; Unjust enrichment (against. Red Rock, Koch & Scow, Joel Stokes & Nationstar); Abuse of process (against Joseph Hong, Melanie Morgan, and David Ochoa)

6/3/20 Nona Tobin’s 1st amended complaint

Tobin hired an attorney who amended the complaint to narrow the issues to three claims for relief: Quiet Title (against all defendants); Unjust Enrichment (against Brian & Debora Chiesi, Joel Stokes, Jimijack irrevocable Trust, Red Rock Financial Services & Nationstar); Declaratory Relief (as to all defendants)

The abuse of process cause of action against the attorneys whose fraud on the court prevented adjudication of Tobin’s claims in the prior proceedings was bifurcated, on the advice of counsel, since it judges don’t like it when the attorneys are named as the culpable party vs. their clients.

9/6/20 order (NEOJ 10/8/20) to sanction Nona Tobin $3,455 for filing the complaint payable to Joseph Hong

Link to 9/6/20 order & 10/8/20 notice of entry of order to sanction Nona Tobin $3,455 for filing the complaint payable to Joseph Hong

11/17/20 order to sanction Nona Tobin $8,949 for filing the complaint payable to Brittany Wood

Order granted attorneys fes and costs pursuant to NRS 18.010(2) on the grounds that Nona Tobin’s filing this quiet title complaint was unwarranted and “was brought or maintained without reasonable ground or to harass the prevailing party.”

12/3/20 order of dismissal with prejudice and expungement of lis pendens as if never recorded

Red Rock’s motion to dismiss was filed pursuant to NRCP 12(b)(5) failure to state a claim by the legal doctrines of non-mutual claims preclusion and res judicata) and NRCP 12(b)(6) failure to join the HOA as a necessary party to protect its alleged interest in the undistributed proceeds of the 2014 HOA sale. Judge Johnson granted the joinders of all other defendants, regardless of whether or not they were parties to the prior proceedings or when they recorded adverse claims to Nona Tobin.
Link to 10-page case summary
Link to 10-page case summary

Combined case summaries annotated

Nona Tobin’s Cross-claim vs. Nationstar and Wells Fargo

Link to 3/8/21 Nona Tobin’s answer to Red Rock Financial Services’s complaint for interpleader, affirmative defenses, counter-claim vs. Red Rock and cross-claims against Nationstar Mortgage LLC and Wells Fargo Bank, N.A.

Cross-claim VS. NATIONSTAR MORTGAGE & WELLS FARGO

Comes now, Defendant NONA TOBIN, AN INDIVIDUAL by and through her attorney of record, Thomson Law PC, through attorney John W. Thomson, Esq., and hereby files her CROSSCLAIM VS, NATIONSTAR MORTGAGE LLC AND WELLS FARGO, N.A. AND MOTION FOR SANCTIONS PURSUANT TO  NRCP 11 (b)(1)(2)(3)(4), NRS 207.407(1), NRS 42.005[1].

JURISDICTION, VENUE

  1. The real property which is the subject of this civil action is a residence commonly known as the 2763 White Sage Drive, Henderson, NV 89052, APN 191-13-811-052, (hereinafter “Property”).
  2. This action is within the jurisdictional limits of this Court and this venue is appropriate because the real property is located within the jurisdiction of this Court.
  3. The Court has the authority under NRS 30.030[2] to declare rights, status and other legal relations of the respective parties in this NRS 40.010[3] quiet title dispute.
  4. NRS 30.130[4] limits the Court’s authority to ensure that the rights of parties who are not present from being prejudiced by court actions in their absence.
  5. The Court’s jurisdiction in cases involving the interpretation, application or enforcement of any covenants, conditions or restrictions (CC&Rs) applicable to residential property or any bylaws, rules or regulations adopted by an association (HOA) to parties who have submitted their claims to mediation in the manner proscribed in NRS Chapter 38.
  6. NRS 38.310(2)[5] limits the Court’s jurisdiction to adjudicate claims that have been
  7. The Court’s jurisdiction in this case requires an interpretation of NRS 116.31164(3)[6] (2013) which mandated the ministerial duties Red Rock Financial Services (Herein “RRFS”) was required to perform promptly after it conducted the disputed 2014 HOA foreclosure sale.
  8. This Court’s jurisdiction includes the authority to impose sanctions on Red Rock Financial Services for its failure to comply, and to ensure that the HOA Board complied, with with ALL the statutory mandates for conducting a valid HOA foreclosure sale, included in NRS 116.3116-NRS 116.31168 (2013)[7], NRS 116A.640 (8), (9), (10)[8], NRS 116.31083[9], NRS 116.31085[10], NRS 116.31031[11], NRS 116.1113[12], NRS 116.31065[13], NRS 116.3102[14], NRS 116.31087[15], NRS 116.31175[16], NRS 116.31183[17], NRS 116.31184[18], NRS 116.4117[19]
  9. This Court’s jurisdiction includes the authority to impose sanctions on Red Rock Financial Services for its failure to provide, and its failure to ensure that the Sun City Anthem (Herein “SCA”) Board provided ALL the owner protections, notice and due process mandated by the HOA governing documents[20], SCA Board 2013 Delinquent Assessment Policy (SCA 168-175)[21], SCA Board Resolution 1/17/11 Policy and Procedure for enforcement of the governing documents (due process before imposing sanctions for alleged violations), SCA bylaws 3.21(f)(v) (owner access to quarterly delinquency reports) , SCA bylaws 3.15 (open Board meetings), SCA bylaws 3.15A (closed Board meetings permissible topics), SCA bylaws 3.18/3.20 (delegation by SCA board prohibited), SCA bylaws 3.26, SCA bylaws 6.4 (owner access to records), CC&Rs 7.4 (enforcement (due process before imposing sanctions),
  10. This Court’s jurisdiction includes the authority to determine the standing of the defendants named by Red Rock to assert a claim for the excess proceeds from the HOA sale.
  11. The court has jurisdiction to impose sanctions against parties who have recorded false claims to title as defined by NRS 205.395[22] and to consider the severity of the sanctions in terms of other statutes applicable to, and commensurate with, the frequency and seriousness Nationstar’s corrupt business practices, under the auspices of NRS 205.377[23], NRS 207.360 (9)(10)(30)(35)[24], NRS 207.400[25], NRS 207.470 (1)and (4)[26], and NRS 207.480[27]
  12. PARTIES
  1. Cross-claimant NONA TOBIN, an Individual, (Herein “Cross-claimant” or “Tobin”) was the sole successor trustee, beneficiary and surviving member of the Gordon B. Hansen Trust, dated 8/22/08, (Herein “Hansen Trust”) that held recorded title to the subject property from 8/27/08 until a foreclosure deed was recorded on August 22, 2014 transferred title to the alleged purchaser at the disputed HOA sale.
  2. Tobin claims an individual interest in this property as all the GBH Trust’s claims to title were transferred to Tobin as an individual via a quit claim deed, recorded on 3/28/17.
  3. Also on 3/28/17 the Hansen Trust was closed as it was insolvent when its sole asset was transferred out of the trust. NONA TOBIN claims the proceeds of the sale unlawfully retained by Koch & Scow, with interest, penalties and sanctions.
  4. Tobin files this cross-claim against Nationstar Mortgage LLC for treble damages for the loss of the property at 2763 White Sage, along with interest, penalties and sanctions, for Nationstar’s fraud on the court, abuse of process, mortgage servicing fraud, recording false claims to title, and misrepresenting material facts and the law in order to steal Nona Tobin’s property.
  5. Defendant NATIONSTAR MORTGAGE, LLC  (Herein “NSM” or “Nationstar”) is an entity of unknown origin whose false claims to own the beneficial interest of the disputed Hansen deed of trust have been without merit filed into district court cases A-16-730078-C, A-15-720032-C, and A-19-799890-C and into Supreme Court appeals 79295 and 82294.
  6. Given that Nationstar was never required to produce evidence to support its claim to be the beneficial owner of the Hansen deed of trust, in this case, the court must determine Nationstar’s standing based on an examination of the Clark county official record for the subject property, APN 191-13-811-052 which is included in Exhibit 1
  1. Factual Allegations
  1. All Wells Fargo’s recorded liens have been released.
  2. Wells Fargo’s only lien was an open-ended deed of trust recorded on 5/10/07 as instrument number 200705100001127, which has no BATES number as it was intentionally omitted in Plaintiff RRFS’s response (RRFS 001-425) to Nona Tobin’s 2/4/19 subpoena.
  3. Wells Fargo’s release of its 5/10/07 lien by its Substitution of Trustee and reconveyance, recorded on 3/12/15 as instrument number 201503120002285, which has no BATES number as it was omitted in Steven Scow’s response to the 2/4/19 subpoena.
  4. Wells Fargo never claimed an interest in the Hansen deed of trust and has never been a party in any of the quiet title cases related to this property.
  5. Wells Fargo’s only claim was a $15,000 outstanding balance on the open-ended deed of trust, recorded on 5/10/07. Wells Fargo issued an IRS 1099-C cancelation of debt in 2012. On Gordon Hansen’s final 2012 tax return, Nona
  6. Nationstar does not have standing to assert a claim for the proceeds of the sale.
  7. Nationstar filed false and conflicting claims to own the Hansen deed of trust on at least these dates: 1/11/16 COMP, 4/12/16 DECL, 4/12/16 MSUB/MINV, 5/10/16 Reply, 6/2/16 AACC, 6/3/16, 6/10/16, 3/27/17 DECL , 3/27/17, 11/9/17, 2/9/18.
  8. Nationstar recorded false claims to title into the Clark County official property record for APN 191-13-811-052 recorded claims on these dates 12/1/14, 1/22/15, 8/17/15, 1/13/16, 6/7/163/8/19 rescind and 3/8/19 assign, and 6/3/19. See Exhibit 1.
  9. None of Nationstar’s recorded claims wherein Nationstar claimed to be authorized as some other entity’s “attorney in fact” were accompanied by recorded powers of attorney, sworn affidavits, and/or proper acknowledgements compliant with NRS 107 as amended by AB 284 (2011)[28]. See Exhibit 20.
  10. Nationstar Wright, Finley, & Zak LLP (Herein “WFZ”) attorneys[29] were well aware of the requirements of the 2011 anti-foreclosure fraud amendments to NRS Chapter 107 and NRS Chapter 205, particularly in terms of the requirement of sworn affidavits to prove the standing to exercise the power of sale.[30]
  11. Nationstar replaced its WFZ attorneys on 4/10/18[31] with Melanie Morgan (NV Bar # 8215) and Karen Whelan (NV Bar # 10466) of Akerman LLP.
  12. Akerman LLP replaced Karen Whelan (NV Bar # 10466) with Donna Wittig NV Bar # 11015) on 12/10/18[32] after Karen Whelan ignored Nona Tobin’s attorney’s attempt to get Nationstar to join with Tobin on a motion for summary judgment by providing Whelan with declarations under penalty of perjury[33] that established the sale had been conducted without notice to the owner or the listing agent who had sold the property on auction.com three months before the surprise sale.
  13. Nona Tobin filed a verified complaint against Nationstar for recording false claims to title and abusing the quiet title HOA foreclosure process in A-15-720032-C and A-16-730078-C with the Office of the Attorney General of Nevada on 3/14/19.[34]
  14. Nona Tobin filed a verified complaint against Nationstar for recording false claims to title and abusing the quiet title HOA foreclosure process in A-15-720032-C and A-16-730078-C with the Office of the Attorney General of Nevada on 11/10/20.[35]
  15. Nona Tobin filed a verified complaint against Nationstar and its Akerman and Wright Finley Zak LLP attorneys with the Nevada Mortgage Lending Division on 12/16/20[36] for recording false claims to title into the Clark County official property record for APN 191-13-811-052 and for abusing the quiet title HOA foreclosure process in A-15-720032-C, A-16-730078-C, A-19-799890-C, and appeals 79295, 82234, 82094, and 82294.[37]
  16. Nationstar recorded into the Clark County property record false, unauthorized, unverified, and conflicting assignments, substitution of trustee, reconveyances of the Hansen deed of trust on at least these dates:
  17. The Clark County property record for the subject property, APN 191-13-811-052, are included in Exhibit 1.
  18. Nationstar evaded detection of its fraud by voluntarily dismissing its claims without any evidence being subjected to judicial scrutiny and without putting on a case and without meeting its Plaintiff’s burden of proof.
  19. Nationstar and Jimijack made an ex parte out of court agreement to steal the house from Tobin.
  20. Nationstar and Jimijack conspired, concealed and misrepresented material facts and law, met ex parte with Judge Kishner, with the corrupt intent of stealing Tobin’s property.
  21. Multiple declarations under penalty of perjury have been entered into the court records show that Nationstar’s claims to own the beneficial interest of the Hansen deed of trust are demonstrably false.
  22. Nona Tobin has filed multiple motions into A-15-720032-C in a futile attempt to prevent Nationstar’s succeeding in its fraud upon the court that have been stricken from the record unheard[38] based on the misrepresentations[39] made by Nationstar at an ex parte meeting with Judge Kishner 

Prayer

RECOVERY OF ATTORNEY FEES AS SPECIAL DAMAGES

  • Counter-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 Defendants’ bad faith conduct. 
  • Pursuant to Nevada law, Plaintiff may recover her attorney fees as special damages because she was required to file this suit as a result of Defendants’ intentional conduct.[40] 

Prayer

  • 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 cross-claim has been necessitated by the CROSS-DEFENDANT NATIONSTAR’s bad faith conduct. 
  • Pursuant to Nevada law, 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 CROSS-DEFENDANT NATIONSTAR’s intentional conduct.[41]  CROSS CLAIMANT NONA TOBIN petitions the Court for the following declaratory relief: to declare
  • to declare that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services;
  • to declare that the disputed HOA sale did not extinguish the GBH Trust’s, nor its successor in interest’s rights to title;
  • to declare that Nona Tobin is entitled to the $57,282.32 RRFS claims are the  undistributed proceeds and that CROSS-DEFENDANT NATIONSTAR is entitled to none of it
  • to declare that sanctions are appropriate vs. CROSS-DEFENDANT NATIONSTAR for its abuse of the HOA quiet title process in order to gain standing it does not have in fact or in law to confiscate CROSS CLAIMANT NONA TOBIN’s property without complying with NRS 107 foreclosure requirements;
  • to declare that sanctions pursuant to NRS 205.395, NRS 205.377, NRS 207.470(1) are appropriate vs. CROSS-DEFENDANT NATIONSTAR for its false claims recorded against the APN 191-13-811-052 title;
  • 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)
  • All assignments of the Hansen deed of trust are void as they did not comply with the statutory requirements of AB 284 (2011) amendments to NRS 107 in order to provide standing and the power of sale.
  • Nationstar LLC and/or Nationstar LLC dba Mr. Cooper
  • 11/16/20 verified complaint vs. Nationstar to the Nevada Mortgage Lending Division provides 692 pages of evidence supporting Nona Tobin’s claim of mortgage servicing fraud and fraud on the court vs. Nationstar and its Akerman and Wright Finley Zak attorneys.

[1] NRS 42.005 Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.

[2] NRS 30.030  Scope.  Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

[3]  NRS 40.010  Actions may be brought against adverse claimants.  An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim.

[4] NRS 30.130  Parties.  When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

[5]  NRS 38.310  Limitations on commencement of certain civil actions.

      1.  No civil action based upon a claim relating to:

      (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

      (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,

Ê may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.

      2.  A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.

[6] NRS 116.31164 (3) (2013)

[7] NRS 116.3116-NRS 116.31168 (2013)

[8] NRS 116A.640 (8), (9), (10)

[9] NRS 116.31083

[10] NRS 116.31085

[11] NRS 116.31031

[12] NRS 116.1113

[13] NRS 116.31065

[14] NRS 116.3102

[15] NRS 116.31087

[16] NRS 116.31175

[17] NRS 116.31183

[18] NRS 116.31184

[19] NRS 116.4117

[20] SCA CC&Rs & bylaws, 2008 Third restatement

[21] SCA 168-175 2013 Delinquent Assessment Policy

[22] NRS 205.395 False representation concerning title; penalties; civil action.

[23] NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.

[24] NRS 207.360 “Crime related to racketeering” defined.

[25] NRS 207.400 Unlawful acts; penalties.

[26] NRS 207.470 (1)and (4) Civil actions for damages resulting from racketeering.

[27] NRS 207.480 Order of court upon determination of civil liability. 

[28] AB 284 (2011) Nevada’s 2011 anti-foreclosure fraud amendments to NRS 107 and NRS 205 summary and legislative digest

[29] WFZ attorneys represented Nationstar Mortgage from its first filing into A-16-730078-C, a complaint vs. Opportunity Homes, LLC (that held no recorded interest) for quiet title and moved into A-15-720032-C by filing a motion to substitute itself as the real party in interest, set aside the default judgment against Bank f America and intervene on the closed case by filing an AACC counter-claim vs. Jimijack who had the recorded claim when WFZ sued the disinterested Opportunity Homes.   WFZ filed into these quiet title civil actions statements known to be false and disclosing false evidence on 1/11/16, 4/12/16 DECL, 4/12/16, 5/10/16, 6/2/16, 6/3/16, 6/10/16, 3/27/17 DECL , 3/27/17, 11/9/17, 2/9/18, (Dana Johnson Nitz NV Bar #0050, Edgar Smith (NV bar #5506) Michael Kelly NV Bar #10101)

[30] Robin Wright “Complying with AB284” for UTA Quarterly Winter 2011

[31] 4/10/18 SUBT switched out WFZ, Akerman LLP Morgan and Whelan came in

[32] 12/10/18 NOTA notice the entry of Wittig, but was silent on the exit of Whelan who was never seen again

[33] 5/11/18 Craig Leidy DECL and 5/11/18 Nona Tobin DECL. Note that Nona Tobin filed a sworn affidavit into A-16-730078-C, Nationstar Mortgage LLC vs Opportunity Homes, LLC stating that she wanted to JOIN Nationstar to void the defective sale so that each would be returned to whatever rights they could prove they had the day before the sale and prayed that the Court would not allow Nationstar to abuse the quiet title litigation process to gain standing that it did not have in fact or in law. 9/23/16 Nona Tobin AFFD

[34] 3/14/19 AG complaint

[35] 11/10/20 2nd AG complaint

[36] 12/16/20 complaint to the Mortgage Lending Division

[37] A-15-720032-C

A-16-730078-C

A-19-799890-C

Appeals to the Nevada Supreme Court

79295

Link to appellant Gordon B. Hansen Trust’s opening brief 12/19/19. Link to respondents’ 7/1/20 joint answering brief. and Nationstar’s joinder

82234

Link to appellant Nona Tobin’s 1/19/21 docketing statement.

82094

Link to appellant Nona Tobin’s 12/9/20 docketing statement

82294

Link to appellant Nona Tobin’s 2/03/21 docketing statement

[38] Links to pro se filings stricken in absentia at ex parte 4/23/19 meeting of Melanie Morgan and Joseph Hong with Judge Kishner

[39] Nationstar attorneys deceived the court regarding Nona Tobin’s standing to assert an NRS 40.010 claim as an individual holder of a 3/28/17 deed. NSM disclosed the 3/28/17 deed as NSM 208-211. NSM named Tobin individually as a party in all the captions. NSM did not remove Nona Tobin as an individual party when reforming the caption on 3/7/19 NTSO and 3/12/19 ANEO.

Nationstar attorneys knew that Nona Tobin was a party with recorded and filed adverse interests.

Nationstar attorneys knew that to make a side deal with Jimjack in order to prevent Nationstar’s and Tobin’s adverse claims from being adjudicated was fraud.

[40] 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).

Fraudulent conveyance to defraud others is a crime

It’s a crime to knowingly receive a fraudulent transfer

NRS 205.360  Knowingly receiving fraudulent conveyance.  Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered in violation of, or with the intent to violate, any provision of NRS 205.345205.350 and 205.355, shall be guilty of a misdemeanor.

      [1911 C&P § 438; RL § 6703; NCL § 10390]

NRS 205.360

NRS 205.330  Fraudulent conveyances.  Every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance, had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or who, being a party as aforesaid, at any time shall wittingly and willingly put in use, avow, maintain, justify or defend the same, or any of them, as true and done, had, or made in good faith, or upon good consideration, or shall alien, assign or sell any of the lands, tenements, hereditaments, goods, chattels or other things before mentioned, conveyed to him or her as aforesaid, or any part thereof, is guilty of a gross misdemeanor.

      [1911 C&P § 430; RL § 6695; NCL § 10382] — (NRS A 1967, 502)

NRS 205.330
Jimijack’s deed was inadmissible per NRS 111.345
Judge Kishner didn’t know about the 5/1/19 deed to Joel Stokes before the quiet title trial to determine if Jimijack had a title claim that was superior to Nona Tobin’s title.

Nationstar had no right to reconvey the Hansen deed of trust to Joel Stokes instead of to the estate of the deceased borrower