Tag: REQUEST FOR JUDICIAL NOTICE

Request for judicial notice: unadjudicated claims and administrative complaints

Administrative Complaints have been rejected for lack of jurisdiction or deferred pending adjudication of A-21-828840-C by Judge Jessica K. Peterson

Link to 1/28/21 NCJD complaint to the Nevada Commission on Judicial Discipline vs. Judge Joanna Kishner
Nevada Commission on Judicial Discipline Complaint
Link to “Recommendation to the Nevada Commission on Judicial Discipline“
Link to 3/14/19 AG complaint vs. Nationstar & Jimijack Irevocable Trust
Link to 11/10/20 2nd AG complaint vs Nationstar; Akerman; Wright Finley Zak; Bank of America
Link to 12/16/20 complaint to the Mortgage Lending Division vs. Nationstar; Akerman; Wright Finley Zak; Bank of America
Link to 2/14/21 complaint to the State Bar of Nevada vs. Joseph Hong
Link to 2/16/21 complaint to the State Bar of Nevada vs. Brittany Wood

Prior district court civil actions did not adjudicate filed claims based on evidence

Link to Register of Actions A-16-730078-C Nationstar vs. Opportunity Homes LLC

Link to Case Summary A-15-720032-C Jimijack Irrevocable Trust vs. Bank of America and Sun City Anthem Community Association, Inc.

Link to case summary A-19-799890-C 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

The minutes of all hearings in the case summaries show that there were no evidentiary hearings and that neither Plaintiff, nationstar nor Jimijack, met their burden of proof.

Link to “Nationstar’s evidence was not examined“

Link to 3/8/21 Request for Judicial Notice of the Clark County official property records for APN 191-13-811-052 that shows the fraudulent claims that were recorded by Nationstar, Red Rock Financial Services, Joel A. Stokes, Jimijack Irrevocable Trust, Bank of America, Quicken Loans, Brian & Debora Chiesi.

Nationstar’s pleadings were unadjudicated

Nationstar voluntarily dismissed all its claims for quiet title and equitable relief without ever presenting a case or meeting its burden of proof that it owned any interest in the disputed Hansen deed of trust.

Nationstar’s only filed claims

Link to Nationstar’s 1/11/16 A-16-730078-C complaint Nationstar vs. Opportunity Homes

Link to Nationstar’s 6/2/16 AACC answer, affirmative defenses and counter-claim vs. Jimijack

Nationstar’s stipulations to dismiss disposed of ALL its claims

Link to 2/20/19 Nationstar’s stipulation to voluntarily dismiss all its filed claims except against Jimijack.

Link to 5/31/19 Nationstar’s stipulation to voluntarily dismiss all its filed claims against Jimijack.

Nona Tobin’s unadjudicated pleadings

Link to Nona Tobin’s unadjudicated claims vs. Sun City Anthem

Link to Nona Tobin’s unadjudicated claims vs. Jimijack unadjudicated claims

Link to Nona Tobin’s unadjudicated claims vs. Yuen K. Lee dba F. Bondurant LLC

Link to Nona Tobin’s unadjudicated claims vs. Thomas Lucas dba Opportunity Homes LLC

Link to Nona Tobin’s unheard 8/7/19 quiet title & equitable relief, unjust enrichment & abuse of process complaint

Nona Tobin’s unadjudicated district court motions

Link to 3/3/17 Nona Tobin’s unheard motion to void the sale for statutory non-compliance

Link to Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. Jimijack Irrevocable Trust

Link to Nona Tobin’s unheard 4/10/19 motion for summary judgment vs. all parties

Link to 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

Link to Nona Tobin’s unheard 6/17/19 motion to intervene as an individual

Link to 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)

Link to 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 did not consider any evidence

Link to 8/11/17 order granting Opportunity Homes’s motion for summary judgment vs Nona Tobin and the Hansen Trust that was filed after order denying Opportunity Homes’s motion for summary judgment vs. Nationstar was entered on 6/22/17.

Link to 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

Link to 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

Link to 5/31/19 order denying motion to reconsider 4/18/19 order

Link to 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

Link to 9/4/19 order that denied Nona Tobin the right to appeal as an individual

Link to 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

Link to 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

Link to the 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.

Link to the 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.

Lik to 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 to the Nevada Supreme Court

79295 Gordon B. Hansen Trust vs. Jimijack, Nationstar, Sun City Anthem, Yuen K. Lee dba F. Bondurant LLC

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. Hansen Trust appeal was referred to the Nevada Court of Appeals on 8/27/20. Link to 9/10/19 Nona Tobin’s rejected individual docketing statement

82094 Nona Tobin vs. Joel & Sandra Stokes as trustees of Jimijack, Jimijack Irrevocable Trust & Joel A. Stokes, an individual

Link to appellant Nona Tobin’s 12/9/20 docketing statement. Opening brief is due 5/20/21.

82234 Nona Tobin vs. Quicken Loans LLC and/or Inc. & Brian & Deborah Chiesi

Link to appellant Nona Tobin’s 1/19/21 docketing statement. Opening brief is due 5/20/21.

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

Link to appellant Nona Tobin’s 2/03/21 docketing statement. Opening brief is due 5/20/21.

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)

Request for Judicial Notice: 2003-2021 Property Record

All recorded claims by yearCLAIMS BY INSTRUMENT NUMBER, YEAR AND TYPE

2003 Recorded documents		200307310004442 DEED/ HANSEN, H & W 200307310004443 POWER OF ATTORNEY/ HANSEN 200307310004444 DEED OF TRUST/ $310,600 CITY 1ST MORT HANSEN, H & W 200309100000588 DEED OF TRUST/ 7/31/03 ASSIGN 200311200004030 DEED OF TRUST/ WF 2ND $55K
2004 Recorded documents200406110005547 DEED/ DIVORCE TO G HANSEN 200407220003507 DEED OF TRUST/ G HANSEN $436K WESTERN THRIFT 200408170002284 RECONVEYANCE/ 11/20/03 WF 2 G HANSEN 200408310007563 SUBSTITUTION/ RECONVEYANCE 7/31/03 $310,600 PIF 200409010007297 HOMESTEAD/ G HANSEN
2007 Recorded documents  200705100001127 DEED OF TRUST/ WF 2ND $31,600 G HANSEN
2008 Recorded documents  200808270003627 DEED/ 8/27/08 G HANSEN TO GORDON B HANSEN TRUST, DATED 8/22/08
2012 Recorded documents  201212140001338 LIEN/ HOA $925.76
2013 Recorded documents201303120000847 HOA 3/12/13 NOTICE OF $2,475.35 DEFAULT 201304030001569 RESCISSION HOA 3/12/13 NOTICE OF $2,475.35 DEFAULT 201304080001087 HOA 4/8/13 NOTICE OF $2,752.66 DEFAULT 201309230001369 LIEN $264.49 REPUBLIC SERVICES
2014 Recorded documents201402120001527 NOTICE OF 3/7/14 HOA SALE $5,081.45 201405060004357 LIEN $253.50 REPUBLIC SERVICES 201408220002548 DEED HOA FORECLOSURE TO OPPORTUNTY HOMES LLC $63,100 201409090000974 DEED OF TRUST 9/9/14 ASSIGN OF 7/22/04 HANSEN DOT FROM BANA 2 WELLS FARGO BY BANA 201412010000518 DEED OF TRUST 12/1/14 ASSIGN OF 7/22/04 HANSEN DOT FROM BANA 2 NATIONSTAR BY NATIONSTAR
2015 Recorded documents201501220001850 REQUEST FOR NOTICE OF LIENS OR NS 116 OR NRS 107 DEFAULTS BY NATIONSTAR 201502230000608 RPTT REFUND TO THOMAS LUCAS “PROOF OF NOTIFICATION OF HOA FORECLOSURE PROVIDED” 201503120002285 SUBSTITUTION/ 3/12/15 RECONVEYANCE OF WELLS FARGO 5/10/07 2ND HANSEN $31,600 OPEN ENDED DOT 201506090001537 DEED 6/9/15 JIMIJACK DEED IS VOID PER NRS 111.345 201506090001545 DEED OP HOMES TO F. BONDURANT LLC FOR $1.00 201508170001056 SUBSTITUTION/ TRUSTEE ON 7/22/04 HANSEN DOT FROM JOAN H ANDERSON TO AMER EE SERVCING SOLUTIONS BY NATIONSTAR 201512010003402 12/1/15 JUDGMENT/ 10/23/15 BANA DEFAULT
2016 Recorded documents201601130001051 LIS PENDENS 1/13/16 RE A-16-730078-C BY NATIONSTAR 201605230001416 CERTIFICATE OF INCUMBENCY NONA TOBIN AS SUCCESSOR TRUSTEE OF HANSEN TRUST 201605230001417 REQUEST FOR NOTICE “OF ANY LIEN, SALE, TRANSFER, DEFAULT OR ANY OTHER ACTION AFFECTING THIS PROPERTY” BY NONA TOBIN 201606070001450 LIS PENDENS 6/7/16 RE A-15-720032-C BY NATIONSTAR
2017 Recorded documents201703280001452 DEED 3/28/17 HANSEN TRUST TO NONA TOBIN, AN INDIVIDUAL, CLOSE THE HANSEN TRUST 201703300003859 3/30/17 LIEN/ RELEASE 9/23/13 REPUBLIC SERVICES 201703300003860 3/30/17 LIEN/ RELEASE 5/6/14 REPUBLIC SERVICES 201703310003071 INTEREST DISCLAIMER OF STEVE HANSEN 201703310003072 INTEREST DISCLAIMER OF THOMAS LUCAS & OPPORTUNITY HOMES LLC 201703310003073 INTEREST DISCLAIMER YUEN K. LEE & F. BONDURANT LLC
2019 Recorded documents201903080002789 DEED OF TRUST/ 3/8/19 RESCISSION OF 12/1/14 ASSIGNMENT OF 7/22/04 HANSEN DOT FROM BANA TO NATIONSTAR BY NATIONSTAR 201903080002790 DEED OF TRUST/ 3/8/19 ASSIGNMENT OF 7/22/04 HANSEN DOT FROM WELLS FARGO TO NATIONSTAR BY NATIONSTAR 201905010003348 DEED VOID 5/1/19 TRANSFER OF JIMIJACK 6/9/15 DEED TO JOEL A. STOKES, AN INDIVIDUAL 201905060001022 LIS PENDENS 5/6/19 4/30/19 NOLP RE A-720032C BY TOBIN & HANSEN TRUST 201905230003531 DEED OF TRUST/ AGREEMENT 5/23/19 $355,000 CIVIC FINANCIAL SERVICES TO JOEL A. STOKES 201905280002843 LIS PENDENS/ 5/28/19 JOEL & SANDRA STOKES RELEASED NATIONSTAR’S 6/7/16 LIS PENDENS AS IF THEY OWNED IT 201906030001599 SUBSTITUTION/ 6/3/19 RECONVEYANCE OF 7/22/19 HANSEN DOT TO JOEL A STOKES BY NATIONSTAR 201906040000772 DEED OF TRUST 6/4/19 ASSIGNMENT OF STOKES 5/23/19 DOT CIVIC FINANCIAL SERVIECES TO HMC ASSETS 201907100002352 LIS PENDENS/ RELEASE OF NATIONSTAR’S 1/13/16 LIS PENDENS RE A-730078-C BY NATIONSTAR 201907170002971 DEED OF TRUST 7/17/19 ASSIGNMENT OF STOKES 5/23/19 DOT HMC ASSETS TO MORGAN STANLEY 201907240003355 JUDGMENT 7/24/19 RECORD OF 6/24/19 ORDER A-720032-C 201908080002097 LIS PENDENS 8/8/19 RE A-19-79980-C AND APPEAL 79295 BY TOBIN & HANSEN TRUST 201908140003083 LIS PENDENS 8/14/19 RE APPEAL 79295 BY NONA TOBIN & HANSEN TRUST 201908140003084 LIS PENDENS 8/14/19 RE A-19-79980-C BY NONA TOBIN 201912030003152 NOTICE 11/22/19 ORDER; EXPUNGE 8/8/19 TOBIN & HANSEN TRUST LIS PENDENS 201912270001344 DEED 12/27/19 VOID SANDRA STOKES TO JOEL STOKES 201912270001345 DEED 12/27/19 VOID JOEL A. STOKES TO BRIAN & DEBORA CHIESI 201912270001346 DEED OF TRUST 12/27/19 $353,500 QUICKEN LOANS INC TO BRIAN & DEBORA CHIESI
2020 Recorded documents202002060000198 SUBSTITUTION/ TRUSTEE ON 5/23/19 STOKES-CIVIC FINANCIAL SERVICES $355,000 DOT 202002060000199 RECONVEYANCE OF 5/23/19 STOKES-CIVIC FINANCIAL SERVICES $355,000 DOT 202012040001097 ORDER OF DISMISSAL WITH PREJUDICE NONA TOBIN’S A-19-799890-C COMPLAINT & “LIS PENDENS RECORDED …AS INSTRUMENT NUMBERS 201908080002097, 201908140003083, AND 201908140003084 ARE HEREBY CANCELLED AND EXPUNGED. SAID CANCELLATION HAS THE SAME EFFECT AS AN EXPUNGEMENT OF THE ORIGINAL NOTICE.”
2021 Recorded documents202102050000240 SUBSTITUTION / RECONVEYANCE OF QUICKEN LOANS INC 12/27/19 $353,500 DOT TO CHIESI BY QUICKEN LOANS LLC 202102120001549 DEED OF TRUST 12/28/20 QUICKEN LOANS LLC $353,320 DOT TO CHIESI BY QUICKEN LOANS LLC

Request for Judicial Notice 2003 Property Record

2003 001-034 RECORDED

200307310004442DEED
200307310004443POWER OF ATTORNEY from
200307310004444DEED OF TRUST
200309100000588DEED OF TRUST
200311200004030DEED OF TRUST

What to note about the 2003 record

The only power of attorney recorded between 2003-2021 was instrument number 200307310004443.

Nationstar did not record ANY Powers of Attorney for ANY claims Nationstar recorded as “attorney-in-fact” for other entities 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)

POWER OF ATTORNEY from Marilyn to Gordon Hansen

200307310004443 POWER OF ATTORNEY

“limited to executing loan documents for purchase of home located at 2763 White Sage…power of attorney is null & void after execution.”  

Marilyn Hansen in granting her power of attorney to Gordon Hansen solely for the purpose of purchasing their new Sun City Anthem home.
Marilyn 2 Gordon Hansen Power of Attorney is the only recorded power of attorney in this property record from 2003-2021.
Nationstar disclosed it as NSM 117-120.

200307310004442 DEED

DEED Del Webb 2 Marilyn & Gordon Hansen

200307310004444 DEED OF TRUST

Borrower: Gordon & Marilyn Hansen

$310,600 1st DEED OF TRUST   Lender: City First Mortgage