Tag: NRS

Implicated Nevada Law

Link to all Nevada Revised Statutes

TITLE 2 — CIVIL PRACTICE
Chapter 10General Provisions
Chapter 11Limitation of Actions
Chapter 12Parties
Chapter 13Place of Trial
Chapter 14Commencement of Actions
Chapter 15Pleadings, Motions and Orders
Chapter 16Date of Trial; Trial by Jury; Masters
Chapter 17Judgments
Chapter 18Costs and Disbursements
Chapter 19Fees
Chapter 20Bonds and Undertakings; Deposits in Lieu Thereof
Chapter 21Enforcement of Judgments
Chapter 22Contempts
TITLE 3 — REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter 28General Provisions
Chapter 29Submitting a Controversy Without Action
Chapter 29ASummary Proceedings
Chapter 30Declaratory Judgments
Chapter 31Attachment, Garnishment and Other Extraordinary Remedies
Chapter 33Injunctions; Protection Orders
Chapter 34Writs; Petition to Establish Factual Innocence
Chapter 38Mediation and Arbitration
Chapter 40Actions and Proceedings in Particular Cases Concerning Property
Chapter 42Damages
42.005
Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding
TITLE 4 — WITNESSES AND EVIDENCE
Chapter 47General Provisions; Judicial Notice; Presumptions
Chapter 48Admissibility Generally
Chapter 49Privileges
Chapter 50Witnesses
Chapter 51Hearsay
Chapter 52Documentary and Other Physical Evidence
Chapter 53Affidavits; Foreign Depositions
Chapter 205Crimes Against Property


Chapter 207
Miscellaneous Crimes
Chapter 645Real Estate Brokers and Salespersons
Chapter 645F
Mortgage Lending and Related Professions
Chapter 163Trusts
TITLE 10 — PROPERTY RIGHTS AND TRANSACTIONS
Chapter 111Estates in Property; Conveyancing and Recording
Chapter 112Fraudulent Transfers (Uniform Act)
Chapter 113Sales of Real Property
Chapter 115Homesteads
Chapter 116Common-Interest Ownership (Uniform Act)
Chapter 116ACommon-Interest Communities: Regulation of Community Managers and Other Personnel

2013 NRS provisions governing HOA foreclosures

NV Rev Stat 116.3116-NRS 116.31168 (2013)
NRS 116.31164(3)(2013) ministerial duties after a 2014 HOA sale

Chapter 205 Crimes against property

NRS 205.330           Fraudulent conveyances.

NRS 205.360           Knowingly receiving fraudulent conveyance.

NRS 205.372           Mortgage lending fraud; penalties; civil action.

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

NRS 205.395           False representation concerning title; penalties; civil action.

NRS 205.405           Falsifying accounts.

Chapter 207 Racketeering

NRS 207.350           Definitions.

NRS 207.360           “Crime related to racketeering” defined.

NRS 207.370           “Criminal syndicate” defined.

NRS 207.380           “Enterprise” defined.

NRS 207.390           “Racketeering activity” defined.

NRS 207.400           Unlawful acts; penalties.

NRS 207.410           Alternate fine for unlawful acts.

NRS 207.470           Civil actions for damages resulting from racketeering.

NRS 207.480           Order of court upon determination of civil liability.

NRS 207.520           Limitation of actions.

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 205.345, 205.350 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

Request for Judicial Notice

Matters of Fact

NRS 47.130  Matters of fact.

      1.  The facts subject to judicial notice are facts in issue or facts from which they may be inferred.

      2.  A judicially noticed fact must be:

      (a) Generally known within the territorial jurisdiction of the trial court; or

      (b) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned,

Ê so that the fact is not subject to reasonable dispute.

      (Added to NRS by 1971, 777)

NRS 47.130

Matters of Law

 NRS 47.140  Matters of law.  The laws subject to judicial notice are:

      1.  The Constitution and statutes of the United States, and the contents of the Federal Register.

      2.  The Constitution of this State and Nevada Revised Statutes.

      3.  Any other statute of this State if brought to the attention of the court by its title and the day of its passage.

      4.  A county, city or town code which has been filed as required by NRS 244.118, 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.

      5.  The Nevada Administrative Code.

      6.  A regulation not included in the Nevada Administrative Code if adopted in accordance with law and brought to the attention of the court.

      7.  The population category and organization of a city incorporated pursuant to general law.

      8.  The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.

      (Added to NRS by 1971, 777; A 1973, 6; 1977, 1388; 1985, 231, 366; 2001, 632)

NRS 47.140

Other RFJN provisions

 NRS 47.150  Discretionary and mandatory notice.

      1.  A judge or court may take judicial notice, whether requested or not.

      2.  A judge or court shall take judicial notice if requested by a party and supplied with the necessary information.

      (Added to NRS by 1971, 777)

      NRS 47.160  Opportunity to be heard.  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.

      (Added to NRS by 1971, 777)

      NRS 47.170  Time of taking notice.  Judicial notice may be taken at any stage of the proceeding prior to submission to the court or jury.

      (Added to NRS by 1971, 777)

What is a Lis Pendens?

Link to Lis Pendens recorded against the title of 2763 White Sage to 8/14/19

Chiesi/Quicken recorded claims on 12/27/19 while Tobin’s lis pendens were on record which gave them notice of the title disputes in litigation. Brian and Debora Chiesi bought the property from Joel Stokes knowing that Joel Stokes did not have a valid deed as Jimijack had no valid interest to transfer and that Joel Stokes had not been party to the quiet title trial against Jimijack before Judge Kishner, and that Jimijack and Nationstar concealed from the court both Joel Stokes’ 5/1/19 deed and his encumbering the property on 5/23/19 with a $355,000 personal loan from non-party Civic Financial Services. Quicken Loans encumbered the property with a new $353,500 deed of trust on 12/27/19 knowing that the property was still encumbered with the 5/23/19 Civic Financial Services $355,000 deed of trust to Joel Stokes.

12/3/20 order unfairly expunged Tobin’s lis pendens as if they had never been recorded

“Said cancellation has the same effect as an expungement of the original notice.”

lines 8-9, 12/3/20 order, recorded 12/4/20 by Quicken Loans’s and Brian & Debora Chiesi’s attorney, Brittany Wood, to cover up the duplicity of their 12/27/19 recorded claims while Tobin’s lis pendens were on record

NRS 14.010 Notice of pendency of actions affecting real property: Recording.

NRS 14.010  Notice of pendency of actions affecting real property: Recording.

      1.  In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his or her answer, if affirmative relief is claimed in the answer, shall record with the recorder of the county in which the property, or some part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby, and the defendant shall also in the notice state the nature and extent of the relief claimed in the answer.

      2.  A notice of an action affecting real property, which is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.

      3.  From the time of recording only, except as otherwise provided in NRS 14.017, the pendency of the action is constructive notice to a purchaser or encumbrancer of the property affected thereby. In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the recording of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the recording of the notice, and subject thereto, unless NRS 14.017 is applicable or they can show that, at the time of recording the notice, the plaintiff had actual notice of the purchase or encumbrance.

      [1911 CPA § 79; RL § 5021; NCL § 8577] — (NRS A 1969, 22; 1983, 1849; 1987, 637; 2001, 1747)

NRS 14.010

NRS 14.015  Notice of pendency of actions affecting real property: Hearing; cancellation; bond.

NRS 14.015  Notice of pendency of actions affecting real property: Hearing; cancellation; bond.

      1.  After a notice of pendency of an action has been recorded with the recorder of the county, the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.

      2.  Upon 15 days’ notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, establish to the satisfaction of the court that:

      (a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;

      (b) The action was not brought in bad faith or for an improper motive;

      (c) The party who recorded the notice will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and

      (d) The party who recorded the notice would be injured by any transfer of an interest in the property before the action is concluded.

      3.  In addition to the matters enumerated in subsection 2, the party who recorded the notice must establish to the satisfaction of the court either:

      (a) That the party who recorded the notice is likely to prevail in the action; or

      (b) That the party who recorded the notice has a fair chance of success on the merits in the action and the injury described in paragraph (d) of subsection 2 would be sufficiently serious that the hardship on him or her in the event of a transfer would be greater than the hardship on the defendant resulting from the notice of pendency,

Ê and that if the party who recorded the notice prevails he or she will be entitled to relief affecting the title or possession of the real property.

      4.  The party opposing the notice of the pendency of an action may submit counter-affidavits and other evidence which the court permits.

      5.  If the court finds that the party who recorded the notice of pendency of the action has failed to establish any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall order the party who recorded the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.

      6.  If the court finds that the party who recorded the notice of pendency of the action has established the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so cancelled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.

      (Added to NRS by 1979, 982; A 1981, 1891; 1987, 638)

NRS 14.015

NRS 14.017  Notice of pendency of actions affecting real property: Transferability of property after withdrawal or cancellation.

 NRS 14.017  Notice of pendency of actions affecting real property: Transferability of property after withdrawal or cancellation.

      1.  Upon the withdrawal of a notice of the pendency of an action affecting real property, or upon the recordation of a certified copy of a court order for the cancellation of a notice of the pendency of such an action with the recorder of the county in which the notice was recorded, each person who thereafter acquires an interest in the property as a purchaser, transferee, mortgagee or other encumbrancer for a valuable consideration, except a party to the action who is not designated by a fictitious name at the time of the withdrawal or order of cancellation, shall be deemed to be without knowledge of the action or of any matter, claim or allegation contained therein, irrespective of whether the person has or at any time had actual knowledge of the action or of any matter, claim or allegation contained therein.

      2.  The purpose of this section is to provide for the absolute and complete transferability of real property after the withdrawal or cancellation of a notice of the pendency of an action affecting the property.

NRS 14.017

What is racketeering as it relates to Nona Tobin’s case?

NRS 207.360  “Crime related to racketeering” defined. 

NRS 207.360  “Crime related to racketeering” defined. [Effective July 1, 2020.]  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

           9.  Taking property from another under circumstances not amounting to robbery;

      18.  Grand larceny;

      29.  Perjury or subornation of perjury;

      30.  Offering false evidence;

      35.  Any violation of NRS 205.377;

      (Added to NRS by 1983, 1495; A 1989, 18, 160; 1991, 124, 161; 1997, 493; 1999, 2642; 2001, 1100; 2003, 2951; 2005, 79; 2009, 144; 2011, 173; 2013, 2434, 3697; 2017, 511; 2019, 2632, 4443, effective July 1, 2020)

NRS 207.360

Multiple false claims to title have increased penalties

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

NRS 205.377  Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty. [Effective through June 30, 2020.]

      1.  A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:

      (a) The person knows to be false or omitted;

      (b) The person intends another to rely on; and

      (c) Results in a loss to any person who relied on the false representation or omission,

Ê in at least two transactions 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 within 4 years and in which the aggregate loss or intended loss is more than $650.

      2.  Each act which violates subsection 1 constitutes a separate offense.

      3.  A person who violates subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $10,000.

      4.  In addition to any other penalty, the court shall order a person who violates subsection 1 to pay restitution.

      5.  A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      6.  As used in this section, “enterprise” has the meaning ascribed to it in NRS 207.380.

      (Added to NRS by 2009, 143; A 2011, 168)

NRS 205.377

Recording false claims to title is a crime in Nevada

NRS 205.395  False representation concerning title; penalties; civil action.

 1.  Every person who:

      (a) Claims an interest in, or a lien or encumbrance against, real property in a document that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid;

      (b) Executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real property, that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid; or

      (c) Causes a document described in paragraph (a) or (b) to be recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid,

Ê has made a false representation concerning title.

      2.  A person who makes a false representation concerning title in violation of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  A person who engages in a pattern of making false representations concerning title is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      4.  In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

      5.  Except as otherwise provided in this subsection, the owner or holder of the beneficial interest in real property which is the subject of a false representation concerning title may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs. The owner or holder of the beneficial interest in the real property must, before bringing a civil action pursuant to this subsection, send a written request to the person who made the false representation to record a document which corrects the false representation. If the person records such a document not later than 20 days after the date of the written request, the owner or holder of the beneficial interest may not bring a civil action pursuant to this subsection.

      6.  As used in this section:

      (a) “Encumbrance” includes, without limitation, a lis pendens or other notice of the pendency of an action.

      (b) “Pattern of making false representations concerning title” means one or more violations of a provision of subsection 1 committed in two or more transactions:

             (1) Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;

             (2) Which are not isolated incidents within the preceding 4 years; and

             (3) In which the aggregate loss or intended loss is more than $250.

      [1911 C&P § 441; RL § 6706; NCL § 10394] — (NRS A 2011, 338, 1748; 2015, 1358)

NRS 205.395