NRS 207.470 actions for damages resulting from racketeering.
1. Any person who is injured in his or her business or property by reason of any violation of NRS 207.400 has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorney’s fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the State may have to the same property or proceeds if the injured person’s claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the State.
2. A final judgment or decree rendered in favor of the State in any criminal proceeding under NRS 205.322 or 207.400 estops the defendant in any subsequent civil action or proceeding from denying the essential allegations of the criminal offense.
3. Any civil action or proceeding under this section must be instituted in the district court of the State in the county in which the prospective defendant resides or has committed any act which subjects him or her to criminal or civil liability under this section or NRS 205.322, 207.400 or 207.460.
4. Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty.
NRS 207.480 Order of court upon determination of civil liability.
A district court may, following a determination of civil liability under NRS 207.470 or 207.490, take such actions as it deems proper, including ordering the defendant to pay all costs and expenses of the proceedings.
NRS 207.480
MEDIATION AND ARBITRATION
NRS 38.310 Limitations on commencement of certain civil actions.
NRS 38.320 Submission of claim for mediation or referral to program of dispute resolution; contents of claim; fees; service of claim; written answer.
NRS 38.330 Procedure for mediation or arbitration of claim; payment of costs and fees upon failure to obtain a more favorable award or judgment in court.
Sun City Anthem CC&Rs XVI: DISPUTE RESOLUTION AND LIMITATION ON LITIGATION
NRS 116.4117 Effect of violations on rights of action; civil action for damages for failure or refusal to comply with provisions of chapter or governing documents; members of executive board not personally liable to victims of crimes; circumstances under which punitive damages may be awarded; attorney’s fees.
1. Subject to the requirements set forth in subsection 2, if a declarant, community manager or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons suffering actual damages from the failure to comply may bring a civil action for damages or other appropriate relief.
2. Subject to the requirements set forth in NRS 38.310 and except as otherwise provided in NRS 116.3111, a civil action for damages or other appropriate relief for a failure or refusal to comply with any provision of this chapter or the governing documents of an association may be brought:
4. Except as otherwise provided in subsection 5, punitive damages may be awarded for a willful and material failure to comply with any provision of this chapter if the failure is established by clear and convincing evidence.
6. The court may award reasonable attorney’s fees to the prevailing party.
7. The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.
NRS 205.377 Multiple transactions involving fraud or deceit in course of enterprise or occupation; penalty.
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,
NRS 205.377
NRS 205.380 Obtaining money, property, rent or labor by false pretenses.
NRS 207.470 civil actions for damages resulting from racketeering.
1. Any person who is injured in his or her business or property by reason of any violation of NRS 207.400 has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorney’s fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the State may have to the same property or proceeds if the injured person’s claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the State.
4. Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty
NRS 207.480 Order of court upon determination of civil liability.
Nevada’s 2011 anti-foreclosure fraud “robo-signing” bill amended NRS 107 and NRS 205 to make these changes:
specifies duties of the trustee;
assignments not effective unless and until recorded;
a notarized affidavit under penalty of perjury that the lender or trustee is in actual possession of the note;
civil penalties for mortgage lending fraud;
Section 9 amends NRS 107.080, which is one of the main statutes related to foreclosures.
It requires a notice of default or “NOD” to include a notarized affidavit of the trustee’s authority to exercise the power of sale.
The affidavit must spell out all the money that is owed, and must include a statement under penalty of perjury that the lender or the trustee is in actual possession of the note.
As in section 6, it sets forth civil penalties for violations.
NRS 107.028Trustees: Qualifications; limitations on powers
2. A trustee under a deed of trust must not be the beneficiary of the deed of trust for the purposes of exercising the power of sale pursuant to NRS 107.080.
NRS 107.028(2)
12 CFR1026.39 Mortgage transfer disclosures – Truth in Lending (TILA) requirements of disclosure of change of beneficiary
SB 321 (2013) Nevada Homeowner Bill of Rights – prevention of “dual tracking”
A 2017 study conducted by the UNLV Lied School of Real Estate, commissioned by the Nevada Association of Realtors, studied 611 HOA foreclosures between 2011-2015.
SCA’s 2014 Foreclosures WERE NOT IDENTIFIED in the UNLV Study
Somehow the professionals conducting the study missed ALL of SCA’s 13 foreclosures between 2011 and 2015.
Ten HOAs had 1/6 of the 611 foreclosures UNLV studied.
Why didn’t UNLV know about SCA’s 13 sales Red Rock conducted?
SCA had 13 foreclosures in 2014, but SCA is not in the UNLV HOA foreclosure study’s list of HOAs that had more than five foreclosures from 2011-2015.
Notice a pattern?
ALL SCA foreclosure buyers were knowledgeable speculators.
Some would call them “vulture investors”.
This pattern – selling for a dime on a dollar to a few wise guys – would never have happened if bidding had not been suppressed by a few unsavory practices:
Convince the HOA Board that they must keep everything about foreclosure secret,
have no agendas or minutes of HOA Board actions to foreclose
give no notice to the owner whose house is being sold
Allow the manager to be the debt collector and control EVERYTHING about the money that’s collected for the benefit of the HOA members
Allow the debt collector full, unilateral, unsupervised proprietary control all the records and processes, so the HOA has no independent records;
give away signatory control over bank accounts of HOA money collected,
allow the debt collector to use the HOA attorneys against a homeowner who complains
allow the debt collector to lie about notices that were given.
At Sun City Anthem, not a single homeowner knew when or where RRFS was selling these houses.
NOTICE A PATTERN? FOLLOW THE MONEY
In the case of 2763 White Sage, RRFS intentionally WITHHELD notice to ALL parties with a known interest – and then lied about it in order to cover up how this scam works to enrich the chosen few..
Look at who bought the houses. Look at how much they paid, and look at what Sun City Anthem Board and owners were told. It’s quite a lucrative scam for a lucky few.
FSR and FSR dba RRFS told the HOA Board falsely that everything about HOA sales had to be kept secret.
How the vulture investors unjustly profited
TRP Fund IV LLC bought four SCA properties at unnoticed sales @ an average price of $52,125, 80% below fair market value. I, and many other Sun City Anthem homeowners, were prevented from attending these sales and bidding because RRFS explicitly withheld notice.
Two sham LLCs, using the property address as the corporate name, bought houses for $6,500 & $7,600.
All 13 houses COMBINED were sold for $734,900 to a few people “in the know”, and not a single one to an SCA owner.
SCA properties RRFS secretly sold in 2014
1/2/14 RRFS sold 2532 Grandville Avefor $25,500 to TRP Fund IV LLC .
SCA did not enforce the 4/27/12 contract indemnification clause that would have shifted this expense to RRFS. TRP FUND IV v. HSBC Bank A-16-735894-C There is no SCA record that the SCA Board approved the sale of this property.
1/2/14 RRFS sold 2227 Shadow Canyon to TRP Fund IV LLC for $40,000.
There is no SCA record that the SCA Board approved the sale of this property. SCA was not identified AT ALL in the litigation as the HOA under whose statutory authority this sale occurred.
Neither SCA nor RRFS were named parties to the litigation.
There is no SCA record that the SCA Board approved the sale of this property. There is no court record that Red Rock interpleaded the proceeds. Upon information and belief, RRFS did not distribute the proceeds after the sale as mandated by NRS 116.31164(3)(2013).
2/18/14 RRFS sold 2721 Evening Sky for $40,000 to TRP Fund IV LLC
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceeds after the sale as mandated by NRS 116.31164(3)(2013).
2/18/14 RRFS sold 2115 Sandstone Cliffs for $54,000 to TRP Fund IV LLC
TRP Fund IV LLC v. Bank of Mellon et al, A-15-724233-C SCA did not enforce the 4/27/12 contract indemnification clause that would have shifted this expense to RRFS. There is no court record that RRFS interpleaded the proceeds.
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
2/18/14 RRFS sold 2842 Forest Grove for $89,000 to TRP Fund IV LLC
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
3/7/14 RRFS sold 2260 Island City for $30,000 to SFR Investment Pool
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
3/7/14 RRFS sold 1382 Couperin Dr for $100,100 to LN Management LLC series 1382 Couperin
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
3/14/14 RRFS sold 2167 Maple Heights for $6,500 to 2167 Maple Heights Trust
There is no SCA record that the SCA Board approved the sale of this property. Bank of NY Mellon v. SCA 2:17-cv-02161-APG-PAL, ADR 17-91. SCA did not enforce the 4/27/12 contract indemnification clause that would have shifted this expense to RRFS.
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
3/28/14 RRFS sold 2584 Pine Prairie for $7,600 to LN Mgt Series LLC 2584 Pine Prairie.
LN Mgt LLC series 2584 Pine Prairie v. Deutsche Bank A-14-707237-C. SCA did not enforce the 4/27/12 contract indemnification clause that would have shifted this expense to RRFS.
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
4/29/14 RRFS sold 2175 Clearwater Lake Dr.for $45,100 to Saticoy Bay LLC
There is no SCA record that the SCA Board approved the sale of this property. there are no SCA records to ascertain what happened to the proceeds of the sale.
Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
6/10/14 RRFS scheduled the sale of 2986 Olivia Heights Ave,
The sale was cancelled by a Citi Mortgage temporary restraining order. Citimortgage Inc v. SCA A-14-702071 NV Supreme court case # 71942. On 12/7/17, the SCA Board authorized paying $55,000 to Citi to settle the case. SCA did not enforce the 4/27/12 RRFS contract indemnification clause that would have shifted this expense to RRFS.
The Board President’s report of the settlement does not match the court records.
8/15/14 RRFS sold 2763 White Sage Dr. for $63,100 to Thomas Lucas took title as Opportunity Home, LLC.
The sale was conducted without notice. The buyer was a realtor in the BHHS listing office that was under contract with Nona Tobin. Jimijack vs BANA & SCA (A-15-720032-C); Nationstar vs Opportunity Homes (A-16-730078-C), Nona Tobin vs Joel Stokes et al A-19-799890-C, Supreme Court appeals #79295, 82094, 832234 and 82294. SCA did not enforce the 4/27/12 contract indemnification clause that would have shifted this expense to RRFS.
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013). Instead, more than six years later, after refusing to distribute the proceeds to Nona Tobin, RRFS sued five defendants for interpleader, knowing that no one had a recorded claim except Nona Tobin.
9/11/14 RRFS sold 2921 Hayden Creek Terrace for $100,000 to Jayem Family LP
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
11/12/14 RRFS sold 2416 Idaho Falls for $174,000 to Global Village LLC.
My Global Village LLC v BAC Home Servicing A-15-711883-C . SCA did not enforce the 4/27/12 contract indemnification clause that would have shifted this expense to RRFS.
There is no SCA record that the SCA Board approved the sale of this property. There are no SCA records to ascertain what happened to the proceeds of the sale. Upon information and belief, RRFS did not distribute the proceed of the sale as mandated by NRS 116.31164(3)(2013).
(a) Who has with criminal intent received any proceeds derived, directly or indirectly, from racketeering activity to use or invest, whether directly or indirectly, any part of the proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of:
(1) Any title to or any right, interest or equity in real property; or
(2) Any interest in or the establishment or operation of any enterprise.
(b) Through racketeering activity to acquire or maintain, directly or indirectly, any interest in or control of any enterprise.
(c) Who is employed by or associated with any enterprise to conduct or participate, directly or indirectly, in:
(1) The affairs of the enterprise through racketeering activity; or
(2) Racketeering activity through the affairs of the enterprise.
(d) Intentionally to organize, manage, direct, supervise or finance a criminal syndicate.
(e) Knowingly to incite or induce others to engage in violence or intimidation to promote or further the criminal objectives of the criminal syndicate.
(f) To furnish advice, assistance or direction in the conduct, financing or management of the affairs of the criminal syndicate with the intent to promote or further the criminal objectives of the syndicate.
(g) Intentionally to promote or further the criminal objectives of a criminal syndicate by inducing the commission of an act or the omission of an act by a public officer or employee which violates his or her official duty.
(h) To transport property, to attempt to transport property or to provide property to another person knowing that the other person intends to use the property to further racketeering activity.
(i) Who knows that property represents proceeds of, or is directly or indirectly derived from, any unlawful activity to conduct or attempt to conduct any transaction involving the property:
(1) With the intent to further racketeering activity; or
(2) With the knowledge that the transaction conceals the location, source, ownership or control of the property.
(j) To conspire to violate any of the provisions of this section.
2. A person who violates this section 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 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $25,000.
3. As used in this section, “unlawful activity” has the meaning ascribed to it in NRS 207.195.
A criminal action or proceeding under NRS 205.322 or 207.400 may be commenced at any time within 5 years after the conduct in violation of the section occurs. Except as otherwise provided in NRS 217.007, a civil action or proceeding under NRS 207.470 may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later. If a criminal prosecution or civil action or other proceeding is brought to punish, prevent or restrain any violation of the provisions of NRS 205.322 or 207.400, the running of the period of limitations prescribed by this section with respect to any cause of action arising under NRS 207.470, which is based in whole or in part upon any matter complained of in the prosecution or proceeding, is suspended during the pendency of the prosecution or proceeding and for 2 years following termination of the prosecution or proceeding.
NRS 207.520
Civil Action to claim damages resulting from racketeering
NRS 207.470 Civil actions for damages resulting from racketeering.
1. Any person who is injured in his or her business or property by reason of any violation of NRS 207.400 has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorney’s fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the State may have to the same property or proceeds if the injured person’s claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the State.
2. A final judgment or decree rendered in favor of the State in any criminal proceeding under NRS 205.322 or 207.400 estops the defendant in any subsequent civil action or proceeding from denying the essential allegations of the criminal offense.
3. Any civil action or proceeding under this section must be instituted in the district court of the State in the county in which the prospective defendant resides or has committed any act which subjects him or her to criminal or civil liability under this section or NRS 205.322, 207.400 or 207.460.
4. Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty.
NRS 207.480 Order of court upon determination of civil liability. A district court may, following a determination of civil liability under NRS 207.470 or 207.490, take such actions as it deems proper, including ordering the defendant to pay all costs and expenses of the proceedings.
