RFJN – SCA Strong

Nevada must follow Michigan’s lead in addressing attorney misconduct

Link to the PDF of the State of Michigan Attorney Discipline Board Formal Complaint vs. Sidney Powell et al. for filing a complaint that alleged widespread voter fraud and sought to decertify the results of the 2020 presidential election.

Michigan Attorney Discipline Board correctly made 9 attorneys pay the victim $153,285 attorney fees incurred for defending against a baseless complaint

The City of Detroit filed a complaint to sanction attorneys whose unethical conduct damaged the City by their knowingly filing meritless claims to attempt to reverse the ceritified results of the 2020 election not supported by law or evidence.

The Michigan Attorney Discipline Board, according to its legal duty to assist its State Supreme Court to govern the legal profession in Michigan, accepted the complaint, conducted an investigation, issued findings of fact and conclusions of law, to support an order for the attorneys to pay the City of Detroit $153,285 that the City of Detroit had been forced to incur defending against this frivolous lawsuit.

Nevada allowed pro se victim to be declared vexatious litigant for objecting to accruing $36,210 in attorney fees to collect $57,282 wrongfully withheld from her for 8+ years

Nevada State Bar just refused all complaints at intake without investigation.

Victim Nona Tobin, President of Fight Foreclosure Fraud, Inc., filed verified complaints to the State Bar of Nevada that were all fully supported by verified forensically audited documentary evidence. All cited specific provisions of the Nevada Rules of Professional Conduct that had been violated by specific actions taken by the named attorneys on specific dates. Many of the allegations specifically charged that the attorneys of concealing evidence of criminal conduct and recording false claims to title which would be felonies if convicted.

Assistant Bar Counsel Philip Pattee rejected all her complaints at intake without Nevada law: 1) the victim’s complaint must provide evidence that meets the clear and convincing standard and 2) the victim must provide the Bar Counsel with a court order that includes written findings of attorney misconduct before the Bar Counsel will open an investigation file or even send the matter to the attorney to require the attorney to refute the allegations in the complaint

Findings of Fact, Conclusions of Law and Order in Michigan Case should be emulated here

What allegations of attorney misconduct were made against Steven Scow, the attorney for Red Rock Financial Services?

Complaint summary as filed to the State Bar online on 3/1/22

Link to 12/19/22 Request For Judicial Notice of 346-page verified, evidence-backed, uninvestigated (pending court order) complaint to the State Bar and 50-page draft civil complaint requesting a court order for written findings of attorney misconduct (that will be necessary if this court does not refer the matter to the State Bar for investigation)

This resulted in me being declared a vexatious litigant and a restrictive order being entered against me without notice or a chance to oppose.

Link to PDF of 3/28/23 order filed without notice or opposition

I have tried unsuccessfully repeatedly for the last few weeks to get my opposition attached to the order so it is accurate enough for appeal.

HOA attorneys and managers fail in their fiduciary duty to the HOA

HOA attorneys and managers are by law fiduciaries to the HOA that employs them. However, they routinely act in their own self-interest rather than solely and exclusively in the interest of the HOA.

The HOA homeowners are the intentional third-party beneficiaries of the CC&Rs contract in that the HOA exists for the purpose of maintaining the common areas, the community lifestyle and the property values of for the common good of the HOA membership at large.

The attorney and the manager are agents. They have no authority over the Board. Anything they assert over the Board is usurped, and that is the problem.

SB 417 will exacerbate the problem of attorneys and other agents enriching themselves by improper control over HOA Boards

My experience shows HOA attorneys lie with impunity to the courts now. The State Bar Assosication does not enforce the ethical codes of conduct. The Nevada Supreme Court thinks that’s okay. The judges let them write orders that misrepresent the facts, the evidence and the law.

Why should NRED or the Ombudsman for Owners in Common-Interest Communities be any different? Why investigate any homeowner’s complaints ever?

Adam Clarkson already has the Ombudsman in his pocket

…Or else, how has he kept my complaints from being heard by the Commission for Common Interest Communities for the last six years?

After all, it has been enough for the past six years for the NRED to not investigate my complaints and the Ombudsman not to refer them to the Commission SOLELY because Adam Clarkson, the Community Association Institute lobbyist and Sun City Anthem’s debt collector and attorney, says I’m are just a “bad person” and not the kind that should be allowed to serve on the Board of Directors because I complained about things like how much over market the manager is paid?

Link to unanswered 9/2/17 NRED Form 514a

Link to my unanswered 1/31/18 Affidavit regarding Clarkson’s denial of records request related to Sandy Seddon’s salary that I filed with Investigator Christina Pitch who was assigned to investigate three NRED Form 530s. (If SB 417 is passed, it will be legal for Clarkson to deny this request and legal for NRED to refuse to investigate it. But then, the homeowner can be criminalized and threatened with high-cost litigation for even asking.)

9/7/17 NRED Form IA 530 re Interference with the Recall election was resolved by NRED’s very thoughtful 8/8/18 letter below.

9/7/17 NRED Form IA 530 re Clarkson’s declaring my elected seat on the Board vacant “by operation of law” rather than by the mandatory NRS 116.31036 removal election was resolved by NRED’s very thoughtful 8/8/18 letter below.

9/7/17 NRED Form IA 530 re Clarkson’s spearheading bullying, retaliation, and harassment was resolved by NRED’s very thoughtful 8/8/18 letter below.

8/8/18 NRED’s dismissal of the three Form 530s without prejudice, ignoring the Form 530 and ignoring Clarkson’s obstruction of the legitimate access to information about employee salaries.

Nona Tobin’s, Red Rock’s & Nationstar’s prayers for relief

Red Rock’s prayer for relief

Nationstar’s prayer for relief

Nona Tobin’s 3/8/21 prayer for relief vs. Red Rock & Nationstar

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:

that the disputed HOA sale is void due to fraud in the execution by Red Rock Financial Services; (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 ) and “Due process is required before a person’s property can be confiscated“
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“?
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)
that sanctions are appropriate vs. RRFS for its fraudulent conduct of HOA foreclosures sales; See “RRFS claims vs. actual $$ due“
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“
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“
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)
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
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.)
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 )
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 )
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;
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; (See 1/17/17 Tobin DECL re notary fraud)
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);
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 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; 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“
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
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)

Nona Tobin’s 3/22/21 prayer for relief in her unserved third-party complaint against the attorneys

Nona Tobin’s Requests for Judicial Notice

3/15/21 Request for judicial notice of the Clark County APN 191-13-811-052 official property records

4/4/21 Request for judicial notice of unadjudicated administrative complaints and civil claims

4/7/21 Request for judicial notice of relevant laws, regulations & HOA governing documents

4/9/21 Request for judicial notice of disclosures, subpoena responses & disputed facts in the court record

Request for Judicial Notice: Laws & Regulations Exhibit 10 actions to determine conflicting claims to real property

Elements of Quiet Title

In Nevada, the elements for a claim of quiet title are:
1. Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS 40.010;2. Complaint must be verified. NRS 40.090-1;
3. Summons must be issued within one year of filing the complaint and served per NRCP. NRS 40.100-1;
4. Lis Pendens must be filed with the county recorder within 10 days of filing of the complaint. NRS 40.090-3;
5. Copy of the Summons must be posted on the property within 30 days after the summons is issued, and an affidavit of posting must be filed with the court. NRS 40.100-2;
6. Disclaimer must be filed. NRS 40.020;
7. Affidavit to unknown heirs must be filed. NRS 14.040(3);
8. Court must hold a hearing on the evidence in order to issue judgment.
9. Quiet title may not be obtained through default judgment. NRS
40.110; and
10. Record a certified copy of the judgment quieting title. NRS 247.120(0).
foyner v. Bank of America Home Loans. Case No. 2:09-CV-2406-RCJ-RJJ 2010 Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev.1996); Sceirine v. Densmore. 87 Nev. 9, 12,479 P.2d 779 (1971); MacDonald v. Krause. 77 Nev. 312, 317-18, 362 P.2d 724 (Nev.1961); Clay v. Scheeline Banking & Trust Co . 40 Nev. 9, 159 P. 1081, 1082-83 (1916) No. 2:09-CV-00567-RCJ-LRL, 2009 WL 5039495 (D. Nev. 2009); Del Webb Conservation Holding Corp. v. Tolman. 44 F. Supp. 2d 1105, 1109-10 (D. Nev 1999); Union Mill v. Mining Co. v. Warren, 82 F. 519, 520 (D. Nev. 1897); Howell v. Ricci, 197 P.3d 1044, 1046 n. 1 (Nev. 2008); Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev. 1996); Sceirine v. Densmore. 87 Nev. 9, 12,479 P.2d 779 (1971); MacDonald v. Krause. 77 Nev. 312, 317-18, 362 P.2d 724 (Nev.1961); Clay v. Scheeline Banking & Trust Co .. 40 Nev. 9, 159 P. 1081, 1082-83 (1916)
Jay Young, Nevada Law Blog

Nevada statutes on property disputes

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.
NRS 40.010

NRS 40.020 Plaintiff not entitled to costs on default judgment or disclaimer.

If the defendant in such action disclaim in the defendant’s answer any interest or estate in the property, or suffer judgment to be taken against the defendant without answer, the plaintiff shall not recover costs.
NRS 40.020

NRS 40.050 Mortgage not deemed conveyance.

A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property in the absence of a foreclosure sale or in accordance with NRS 32.100 to 32.370, inclusive, NRS 107.100 or chapter 107A of NRS.
NRS 40.050

NRS 40.090 Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.

1. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, personally or in combination with the person’s predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than 15 years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has, personally or through the person’s predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of 5 years next preceding the filing of the complaint, except that where clouds upon title to real property have been created by such person, and the action is brought to remove such clouds, or any of them, such period of actual, exclusive and adverse possession of such property shall be for more than 10 years. The action shall be commenced by the filing of a verified complaint averring the matters above enumerated.

2. The complaint must include as defendants in such action, in addition to such persons as appear of record to have some claim, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the land described in the complaint adverse to plaintiff’s ownership; and the complaint may also include as defendants any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto; and the plaintiff may describe such unknown defendants in the complaint as follows: “Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff’s ownership, or any cloud upon plaintiff’s title thereto.”

3. Within 10 days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the county recorder of the county where the property is situated, a notice of the pendency of the action containing the matters required by NRS 14.010.

NRS 40.100 Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

1. Within 1 year after the filing of the complaint, as required by NRS 40.090, a summons must be issued in the manner and form prescribed in the Nevada Rules of Civil Procedure. In addition to other requirements, the summons shall contain a description of the property described in the complaint. In the summons the unknown defendants shall be designated as in the complaint. Service of summons, whether personal or otherwise, shall be effected in the manner prescribed in the Nevada Rules of Civil Procedure; and the times for completion of service and appearance by the defendant shall be as prescribed therein.

2. Within 30 days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of the summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person who has or claims to have any right, title, estate, lien or interest in the property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under the unknown person shall be concluded by the judgment in such action as effectually as if the action had been brought against the person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability.

NRS 40.110 Court to hear case; must not enter judgment by default; effect of final judgment.

1. When the summons has been served as provided in NRS 40.100 and the time for answering has expired, 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. The court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed.

2. The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada or the United States. The judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and the judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession or lien in or to the property under the plaintiff or the plaintiff’s predecessors in interest, which claim, lien, estate, title, right or possession has arisen or been created by the plaintiff or the plaintiff’s predecessor in interest within 10 years prior to the filing of the complaint.

NRS 40.120 Remedy is cumulative.

The remedy provided in NRS 40.090, 40.100 and 40.110 shall be construed as cumulative and not exclusive of any other remedy, form or right of action or proceeding now allowed by law.

Lis Pendens

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.

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.

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.

Request for Judicial Notice: Laws & Regulations Exhibit 9 Declaratory Judgments

NRS Chapter 30 Declaratory Judgments

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.
NRS 30.030

NRS 30.040 Questions of construction or validity of instruments, contracts and statutes.

1. Any person interested under a deed, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
NS 30.040

NRS 30.070 Enumeration not exclusive.

The enumeration in NRS 30.040, 30.050 and 30.060 does not limit or restrict the exercise of the general powers conferred in NRS 30.030 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
NRS 30.070

NRS 30.080 Discretion of court to render or enter judgment.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
NRS 30.080

NRS 30.090 Review.

All orders, judgments and decrees under NRS 30.010 to 30.160, inclusive, may be reviewed as other orders, judgments and decrees.
NRS 30.090

NRS 30.100 Supplemental relief.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
NRS 30.100

NRS 30.110 Jury trial.

When a proceeding under NRS 30.010 to 30.160, inclusive, involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
NES 30.110

NRS 30.120 Costs.

In any proceeding under NRS 30.010 to 30.160, inclusive, the court may make such award of costs as may seem equitable and just.
NES 30.120

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
NRS 30.130

NRS 30.140 Construction.

NRS 30.010 to 30.160, inclusive, are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and are to be liberally construed and administered.
NRS 30.140

Request for Judicial Notice: Laws & Regulations Exhibit 8 Documentary evidence

NRS 52.235 Original required.

To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in this title.
NRS 52.235

NRS 52.260 Record made in course of regularly conducted activity; affidavit required.

      1. The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit.
      2. The custodian of the record or other qualified person must verify in the affidavit that the record was made:
      (a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and
      (b) In the course of the regularly conducted activity.
NRS 52.260

Request for Judicial Notice: Laws & Regulations Exhibit 7 Victim access to remedies

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 116.4117

Request for Judicial Notice: Laws & 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

NRCP 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

(b) Representations to the Court.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
NRCP 11(b)

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney fees, incurred for presenting or opposing the motion.
(3) On the Court’s Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).
(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a
penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney fees and other expenses directly resulting from the violation.
(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:
(A) against a represented party for violating Rule 11(b)(2); or
(B) on its own, unless it issued the show cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.
(6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.
NRCP 11(c)

NRS 18.010 Award of attorney’s fees.

2. In addition to the cases where an allowance is authorized by specific statute, the court may make an allowance of attorney’s fees to a prevailing party:
(b) Without regard to the recovery sought, when the court finds that the claim, counterclaim, cross-claim or third-party complaint or defense of the opposing party was brought or maintained without reasonable ground or to harass the prevailing party. The court shall liberally construe the provisions of this paragraph in favor of awarding attorney’s fees in all appropriate situations. It is the intent of the Legislature that the court award attorney’s fees pursuant to this paragraph and impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in all appropriate situations to punish for and deter frivolous or vexatious claims and defenses because such claims and defenses overburden limited judicial resources, hinder the timely resolution of meritorious claims and increase the costs of engaging in business and providing professional services to the public
NRS 18.010(2)(b)

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

1. Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:
(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more;
3. If punitive damages are claimed pursuant to this section, the trier of fact shall make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the provisions of this section. The findings required by this section, if made by a jury, must be made by special verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount of an award of punitive damages prescribed in subsection 1.
NRS 42.005 (1) (3)

NRS 41.1395 Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs.

1. Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney’s fees and costs of the person who initiated the lawsuit.
4. For the purposes of this section:
(b) “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that person’s money, assets or property; or
             (2) Convert money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of that person’s money, assets or property.
      (d) “Older person” means a person who is 60 years of age or older.
NRS 41.1395

“Legal Issues Related to Elder Abuse: A Desk Guide for Law Enforcement” American Bar Association

Request for Judicial Notice: Laws & Regulations Exhibit 5 Limits on Fraud and Racketeering

NRS 111.175 Conveyances made to defraud prior or subsequent purchasers are void.

NRS 205.330 Fraudulent conveyances.

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.

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 205.395 False representation concerning title; penalties; civil action.

NRS 207.230 Acting without lawful authority.

NRS 205.405 Falsifying accounts.

NRS 207.360 “Crime related to racketeering” defined.

9. Taking property from another under circumstances not amounting to robbery;
18. Grand larceny;
26. Receiving, possessing or withholding stolen goods valued at $650 or more;
27. Embezzlement of money or property valued at $650 or more;
28. Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;
29. Perjury or subornation of perjury;
30. Offering false evidence;
35. Any violation of NRS 205.377;
NRS 207.360

NRS 207.400 Unlawful acts; penalties.

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.

NRS 207.520 Limitation of actions.

ANTI-FORECLOSURE FRAUD LAWS

AB 284 (2011) summary and legislative digest

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 107.028 Trustees: 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”