“(v) a delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and describing the status of any action to collect such assessments which remain delinquent (any assessment or installment thereof shall be considered to be delinquent on the 15th day following the due date unless otherwise specified by Board resolution). “

8/7/12

8/8/12

On 8/7/12 Ticor Title conducted a preliminary title report.

See 8/7/12 Ticor Title Report 

On August 8, 2012, a purchase offer of $310,000 was received from the Sparkmans.

See 8/8/12 Sparkman RPA.

8/10/12

On August 10, 2012, Nona Tobin signed a counter offer accepting the price, subject to lender approval, and making the statement

“Buyer understands the term ‘seller’ in the RPA (Residential Purchase Agreement) refers to ‘lender’…” when referring to seller’s costs.

See Tobin 8/10/12 counter-offer (Page 15 of 8/8/12 Sparkman RPA

On August 13, 2012, an assignment of the Western Thrift Deed of Trust, to Bank of America, recorded on April 12, 2012 was added to Proudfit Broker files.

Se2 4/12/12 MERS to BANA assignment

Check 142 for $300 was written on 8/17/12 as was check 143

See Check 142 for $300, dated 8/17/12, and check 143 for $300, dated 8/17/12

8/17/12

Tobin’s check 142, dated 8/17/12, paid $275 Assessments due for 7/1/12-9/30/12 and $25 Late fee assessed on 7/31/12, for 2664 Olivia Heights.

8/17/12

Tobin’s check 143, dated 8/17/12, paid $275 Assessments due for 7/1/12-9/30/12 and $25 Late fee assessed on 7/31/12, for 2763 White Sage Drive.

8/17/12

Tobin did not have unclean hands

On 3/24/11, Tobin’s 2664 Olivia Heights account was overpaid $1,015.

On 7/31/12, Tobin’s 2664 Olivia Heights account was assessed its only $25 late fee in 16 years.

see Resident Transaction Report Page 12859 for 2664 Olivia Heights.

On 7/31/12, SCA assessed the only late fee Tobin ever had to pay on her own property.

On 8/17/12, Check 142 was logged into the ledger bringing her account balance to zero.

Note that for more than a year, Tobin had erroneously double paid her assessments so that she had a negative balance due of $1,015.00 on 3/24/11.

She took her account off auto pay and used the excess payments to pay assessments for four quarters at SCA’s instruction since they would not refund her the 2010-2011 overpayments.

Foreclosure decisions made in secret are a slippery slope

“Our Board also considered five requests for waivers of fees or fines, two requests for payment plans, and made foreclosure decisions on three properties.”

See 8/23/12 President’s report, minutes pg. 9 of 14 that shows the Board decided to foreclose on three unidentified properties.

Tobin 2016 emails with SCA BOD President show BOD was deceived by FSR/RRFS

See Jim Long’s answers to Tobin ROGs that explained the Board’s foreclosure process and the Board’s understanding that its decisions to foreclose had to be confidential.

Annual Registration Reports to Ombudsman must report foreclosures.

SCA reported in the 8/23/12 minutes that the Board had approved three foreclosures.

SCA reported to the Ombudsman in its annual registration that there were no SCA foreclosures in 2012 or 2013.

See SCA Registration Forms 2008-2017 that report 17 SCA foreclosures that shows SCA’s managing agent did not accurately report the foreclosures approved in SCA Board’s closed meetings.

If everything the Board and RRFS do related to foreclosures is a secret, then there is nothing stopping RRFS, or any other “Trustee”, from conducting a private HOA foreclosure sale, or from otherwise suppressing bidding, or from keeping virtually all of the proceeds.

See Irma Mendez AFFD re Joel Just, RRFS President, selling properties directly to investors vs. by competitive bidding at a public auction.

See 2584 Pine Prairie, an example post about a 3/28/14 SCA foreclosure See post “SCA 2014 foreclosures“

RRFS began collections began prematurely and never stopped

On 9/13/12, SCA’s managing agent RMI referred the account to its subsidiary RRFS to initiate collections per RRFS log in SCA 415, RRFS’s log of “Homeowner Progress Report“

See SCA 415-416 RRFS log of work actions, 9/13/12-1/9/14  where RRFS logged 2763 White Sage account was sent to it for collections without any documentation to support how RRFS received it. See annotated SCA 415-416

RRFS reported in an RRFS Collections Report to the SCA Board meeting on 9/23/12 that the account 808634 was a potential write off of $321.51.

See RRFS Collections Report for 808634 as of 9/30/12 (RRFS 2012-2014 monthly collection reports were posted on the SCA website until 2018 when SCA management removed them without explanation.)

DISPUTED 9/17/12 NOTICE OF INTENT TO LIEN – NOT SENT

SCA 642 and SCA 643 allege that RRFS sent by certified and regular mail a notice of intent to lien on 9/17/12 to both the subject property and to Tobin’s residence.

See 9/17/12 RRFS Exhibit 3 of SCA 2/5/19 MSJ included SCA 642 and SCA 643 Tobin has no record or recollection of receiving any notice of intent to lien at her home 2664 Olivia Heights.

Neither Tobin nor Proudfit have any record of this notice being delivered to 2763 White Sage.

See Linda Proudfit’s 6/14/16 sworn declaration that the 311 broker files and 9 folders she delivered to Tobin on 6/14/16

“are a true, correct and complete copy of any and all documents for (Client Name) The Gordon B. Hansen Trust, dated 8/22/08, Nona Tobin, Successor Trustee“

SCA did not disclose a proof of service or any sender’s copy with the certified tracking number.

See SCA 176 – SCA 643, Red Rock Foreclosure File (redacted)

SCA did not assert any privilege to exempt it from producing all relevant documents.

See 5/31/18 SCA privileges log, page 7 of 8 pages served

RRFS did not produce a proof of service or any sender’s copy with the certified tracking number for a 9/17/12 notice of intent to lien.

See RRFS 001- RRFS 425 response to Tobin subpoena that does not contain any affidavit of service, any sender’s copy with a tracking number, or any mailing affidavit.

See RRFS 001, 2/11/19 certification of RRFS Custodian of Records that what RRFS produced was complete.

DISPUTED 9/17/12 NOTICE OF INTENT TO LIEN – NOT AUTHORIZED

If check 143 was not delivered on 8/17/12 along with check 142, as Tobin believed, then on 9/17/12, $300 was due and payable, i.e., 7/1/12 $275 assessments for the 7/1/12 – 9/30/12 quarter, i.e.,  7/31/12 $25 late fee for 7/1/12-9/30/12 quarter.

RRFS demanded $617.94 was due to RRFS as of 9/17/12

See SCA 642 and SCA 643 9/17/12 letter demanding $617.94

See Page 1335 2763 RTR that shows a 9/17/12 balance of $325.00 on 9/17/12

Note that a 2nd late fee was assessed on 8/31/12 for the $275 delinquent payment of the 7/1/12-9/30/12 quarterly installment.

The $25 late fee posted on 8/31/12 was an error. One $25 late fee per quarterly installment delinquent greater than 30 days is authorized.

RRFS Collections Report stated that account R808634 was a potential write off of $321.51

SCA removed the RRFS collection reports from the SCA website after Tobin downloaded them in 2018.

SCA 635 9/20/12 SENDER’S COPY could not have been sent to RRFS by Tobin

SCA 628 and SCA 635 are the same notice of hearing on 10/8/12 for temporary suspension of Gordon Hansen’s privileges for the alleged violation of the governing documents of delinquent assessments. SCA may have sent this notice.

However, Tobin did not receive it.

There never was a hearing on 10/10/12.

Check 143 paid assessments through 9/30/12 are rendered a hearing on 10/10/12 moot.

Both sender’s copies are stamped as received by RRFS on 10/8/12. SCA/RRFS did not disclose any proofs of service for SCA 628 and SCA 635.

See SCA 628. See SCA 635 for duplicate 10/10/12 Hearing notices, dated 9/20/12, addressed to 2664 Olivia Heights.

9/27/12 SCA BOD Executive Session Agenda

See 9/27/12 SCA BOD minutes

Per SCA 631, Tobin gave notice to SCA that the owner had died. Enclosed were 1) 1/14/12 death certificate and 2) “Check for $300 HOA dues” Tobin’s notice was sent to the HOA. She indicated the late payment of the deceased owner’s assessments was an error, that the property was in escrow, that the prospective purchasers were moving in shortly, that further payments would be made out of escrow, and that the HOA should work with Doug/Proudfit Realty or new owners to collect future assessments. SCA’s claims that Tobin acted in bad faith, had “unclean hands” and that she was “barred by equitable principles from recovering” for not knowing or remembering that check 143 was not delivered on 8/17/12 when it was written.

Tobin had no recollection of writing the 10/3/12 letter and only became aware of it on 12/26/18 when PDFs of documents disclosed by SCA on 5/31/18 as a picture of a CD, were given to her by attorney Joe Coppedge.

Tobin submitted check 143 “$300 for HOA dues” to pay HOA through 9/30/12 on 10/3/12.

See SCA 631 Tobin notice to HOA. Transmitted check 143 and death certificate

Page 1335 Resident Transaction Report does not have an entry to acknowledge that check 143 for $300 was submitted to pay the assessments for the quarter from 7/1/12 – 9/30/12 as was reported in the Association Payment Allocation Detail.

See SCA 618

See Tobin letter 2 SCA w/ 8/17/12 chk 143 + death cert. SCA 631

SCA claimed Equitable Estoppel barred Tobin from recovery

SCA claims that Tobin had “unclean hands” and that she was “barred by equitable principles from recovering” for not knowing, or remembering, that check 143 was not delivered on 8/17/12 when it was written.

See 4/17/19 order granting SCA MSJ

SCA 631 Tobin letter, allegedly sent on 10/3/12 to the HOA and received on 10/8/12 by RRFS.  Other dates have been altered in the RRFS record, e.g., SCA 277, SCA 295, so there is reason to suspect that this might have been altered too.

See post RRFS Claims vs. Actual

Tobin had no recollection of writing the 10/3/12 letter and only became aware of it on 12/26/18 when PDFs of documents disclosed by SCA on 5/31/18 as a picture of a CD, were given to her by attorney Joe Coppedge.

See SCA 5/31/18 initial (and only) disclosures served through the Court’s efile and serve system. Note SCA’s privileges log does not claim privilege to exempt SCA from disclosing any documents, and yet

SCA withheld ALL documents requested in discovery. See SCA 2/26/19 RESP to ROGs. See SCA 2/26/19 RESP to RFDs.

It is even possible, given the many alterations/ misrepresentations of other documents RRFS/SCA disclosed, that Tobin’s recollection that she submitted check 143 with check 142 on 8/17/12 was correct. and RRFS altered the date on the transmittal letter from 8/17/12 to 10/3/12 to conceal that FSR forwarding the account to collections on 9/13/12 was an error.

Tobin submitted check 143 “$300 for HOA dues” to pay HOA through 9/30/12.

See SCA 631 Tobin letter to “SCA HOA”

SCA 628 and SCA 635 both are letters, dated 9/20/12,  to Gordon Hansen, at 2664 Olivia Heights. Both are the senders copy of certified letters, item # 71603901984964087011.

Both sender’s copies are stamped as received by RRFS on 10/8/12.

SCA/RRFS did not disclose any proofs of service for this letter.

Tobin has no record or recollection of ever receiving it.

SCA alleged in its MSJ that Tobin had sent the Sender’s copy of the 9/20/12 hearing notice to RRFS with a 10/3/12 letter she sent to SCA.

No evidence supports this claim.

All evidence supports that RMI sent it to its subdivision, RRFS.

All evidence supports that RMI sent SCA 628 and SCA 635 to RRFS.

RRFS stamped them received on 10/8/12.

Neither RRFS nor SCA disclosed an envelope.

SCA sent check 143, intended as the $300 assessment and late fee payment to RRFS.

SCA’s managing agent RMI should have processed check 143 it in the same manner as check 142 was handled on 8/17/14 regardless of whether check 143 was delivered on 8/17/12 or 10/3/12.

This unexplained differential treatment resulted in unauthorized and unnecessary collection fees being imposed on the estate of a deceased homeowner without the executor’s knowledge or opportunity to appeal.

SCA 631 Tobin letter, allegedly sent on 10/3/12 to the HOA and received on 10/8/12 by RRFS. 

Other dates have been altered in the RRFS record, e.g., SCA 277, SCA 295, so there is reason to suspect that this might have been altered too.

See post RRFS Claims vs. Actual

The hearing, scheduled for 10/10/12, per the 9/20/12 “Notice of Hearing” in SCA 628 and SCA 635 did not occur.

There was no notice of sanction equivalent to the 8/13/14 Notice of Fines Tobin received after a hearing was held by the Covenants Committee when a $25 fine was imposed for dead plants at 2763 White Sage.

See 8/13/14 Notice of Fines sent to Hansen at 2664 Olivia Heights

Sparkman moved into 2763 White Sage on 10/16/12, pending lender approval of their 8/8/12 purchase offer.

SCA 618 PAY ALLOCATION states that, as of 10/18/12,  check 143 paid the assessments and late fee for the 7/1/12-9/30/12 quarter.

RRFS referred to the $300 check 143 as a partial payment without any accounting for what the $300 was applied to.

RRFS’s conflicting application of payment

RRFS ledger SCA 623-625 called check 143 a partial payment on 10/18/12

Per RRFS ledger, dated 11/5/12, RRFS did not apply check 143 to pay the $300 due and owing for the 7/1/12-9/30/12 quarter.

Per a 10/18/12 entry in the RRFS ledger, dated 11/5/12, check 143 was applied first to RRFS fees, RRFS demanded $469.15, was due on 10/18/12instead of the $275 that was actually due and payable, as of 10/18/12, for the quarter of 10/1/12-12/31/12.

SCA 618 PAY ALLOCATION shows check 143 was both allocated as payment of the quarter 7/1/12-9/30/12 or was a partial payment that left a balance as of 10/18/12 comprised of all RRFS-added charges.

According to RRFS ledger, dated 11/5/12, sent to 2763 White Sage called check 143 “a partial payment” that left an outstanding balance of $469.15 as of 10/18/12.

HUD-1 estimated settlement of Sparkman escrow with CC&Rs 8.12 Asset Enhancement Fee provision and 2/12/12 agreement signed by me as part of listing agreement to pay what the HOA required out of escrow

See HUD-1

Wells Fargo approved the Sparkman sale

On October 29, 2012 Ticor Title notified Proudfit that the short sale had been approved and attached the HUD-1 Settlement Statement, dated 10/22/12, that estimated approximately $3,400 would be paid out of escrow to the HOA for assessments and various fees and charges.

See 10/29/12 Wells Fargo short sale approval letter.

Wells Fargo short sale approval letter was sent to Nona Tobin, Successor Trustee of Gordon B. Hansen Trust. Note that Wells Fargo, as the beneficiary of the 2nd approved the sal DOT it originated on 4/16/07 and recorded on 5/10/07.

Wells Fargo never claimed to be the beneficiary of the disputed Western Thrift DOT.

BANA said Wells Fargo was noteholder

BANA’s letter to estate of Gordon Hansen …”your property will be referred to foreclosure. (BANA) is required to notify you of the following: (BANA) services the mortgage loan on your property. You signed and executed a promissory note secured by a (DOT)…The foreclosure will be conducted in the name of WELLS FARGO…(“Noteholder”). Noteholder, directly or through an agent has possession of the promissory note …Noteholder is the original mortgagee or beneficiary or the assignee of the security instrument for the referenced loan. Principal balance $389,966.02, last payment 1/3/12. interest 6.25% fixed, amount of late fees and other charges is $115. “Mini Miranda (all): Bank of America, N. A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector.”

See BANA’s 10/30/12 letter sent by Tobin to Proudfit on 11/4/12.

BANA never recorded a notice of default

BANA never to took any formal action to foreclose after sending a single 10/30/12 default notice to the Hansen estate that no payments had been received since the borrower’s death and that foreclosure would proceed in the name of Wells Fargo.

BANA ‘s 10/30/12 notice to Tobin re BANA’s intent to foreclose on behalf of Wells Fargo.

This is the only notice of default BANA ever sent.

BANA did not ever record a Notice of Default to foreclose in Wells Fargo’s name (if Wells Fargo really were the noteholder with standing to foreclose as BANA claimed in this letter.)

BANA never recorded a Notice of Default in its own name as it would have done if BANA’s 4/12/12 recorded claim that MERS assigned its interest in the DOT to BANA on 4/4/12 were true.

10/1/12-12/31/12 Assessments

$25 late fee assessed for greater than 30 days past due payment for installment for 10/1/12-12/31/12 quarter.

 Check 143 paid the assessments and late fee for the 7/1/12 – 9/30/12 quarter.

The amount due and owing, as of 10/31/12, was $300, i.e. $275/assessments and $25 late fee.

RRFS collection report stated account 808634, 2763 White Sage Dr., was a potential write off of $382.26 as of 10/31/12

Addendum to Sparkman purchase agreement 1

“Buyer and Seller acknowledge receipt of the Short Sale Approval letter from the secondary lien holder dated 10/29/12.”

See 10/29/12 Wells Fargo short sale approval letter.

No Schedule of fees provided

See RRFS Schedule of Fees, dated 11/1/12, that was previously available on the SCA website, but has since been removed.

Neither SCA nor RRFS ever gave Tobin this schedule of fees or the equivalent schedule published on 10/1/13 and disclosed as SCA 175, at any point prior to foreclosing on the property on 8/15/14.

See NRS 116.31162(4) and SCA Delinquent assessment Collection Policy (SCA 168-175) both require that the owner be provided with the schedule of fees prior to imposing any collection fees.

Schedule Includes 5 “Other charges: Recording Cost, Release of Lien, Rescission of Notice of Default Skip Trace & Certified mailing fee” without a specified fee disclosed. “Fees and charges may change without notice. Schedule of fees may not be all-inclusive” does not appear to comply with legal requirements of NRS 116.310313(2)

See 11/1/12 RRFS Schedule of Fees

Proudfit 5/20/19 DECL

According to Proudfit 5/20/19 DECL,

“On November 4, 2012, Nona Tobin faxed to our office a notice that had been sent to the estate of Gordon Hansen, 2664 Olivia Heights Ave., with notice that the mortgage was in default and that Wells Fargo had standing to foreclose.”

See 5/20/19 Proudfit DECL

RRFS updated its records when notified the owner was deceased.

Per SCA 620-625, 11/5/12 “Correspondence Response Sent to Homeowner” “(RRFS) is in receipt of the correspondence that the homeowner has passed away. Our records have been updated…”

RRFS claimed $495.36 was due as of 10/31/12.

SCA 622 RRFS acknowledgment of Tobin’s 10/3/12 letter that transmitted check 143 and Hansen’s death certificate.

RRFS claimed $495.36 was due as of 10/31/12 instead of the $300 actually due for the quarter ending 12/31/12.

See SCA 622-625 RRFS letter and ledger, dated 11/5/12.

Note that Tobin only has no record of receiving the letter addressed to 2664 Olivia Heights disclosed as SCA 621.

SCA 617 is entitled “Payment Allocation 11/9/12“

SCA 618  “Association Allocation Detail“: shows $300 check 143 was allocated to $275 assessments due 7/1/12 and to $25 late fee assessed on 7/31/12.

See SCA 618 Payment Allocation Report

Page 1335 Resident Transaction Report has an entry, dated 11/9/13, that shows the HOA received a collection payment of $300 on 11/6/12.

On 11/12/12, BANA countered the Sparkman’s $310,000 offer with $395,000 with a COE of 12/12/12.

Sparkman counter offer 1 changed price to $300K and said COE must be 12/28/12

 NRED Advisory regarding “Executive Session Agendas” was published on 11/15/12.

See NRED Advisory Opinion 12-05-116.

“This amount includes assessments, late fees, interest, fines/violations and collection fees and costs. ** The said amount may increase or decrease as assessments, late fees, interest, fines/violations, collection fees, costs or partial payments are applied to the account.”

Lien contained $625.76 in unauthorized charges.

Wells Fargo never claimed any interest in the disputed DOT.

$275 installment for assessments covering the 1/1/13 -3/31/13 quarter came due. $275 was delinquent and $25 late fee applied for 10/1/12 – 12/31/12 quarter.

$575 was due and payable on 1/1/13 10/1/12 $275 Assessments for 10/1/12-12/31/12 + 10/31/12 $25 Late fee + 1/1/13 $275 Assessments for 1/1/13-3/31/13 = $575 Total due and payable as of 1/1/13

Exorbitant demands are a predatory collection practice

The Resident Transaction Report (RTR) Pages 1334-1337 was FSR’s f/k/a RMI’s, proprietary software for tracking financial transactions related to 2763 White Sage.

RMI, as SCA’s managing agent, maintained the RTR as SCA’s official accounting records.

Note that SCA Board does not have ANY independent accounting records of funds collected on behalf of SCA.

According to the RTR, the HOA Resident Transaction Report, on 1/1/13, the outstanding balance was $677.31.

This is a variance of $102.31 over the $575 actually due.

On 12/20/12, RMI d/b/a RRFS, SCA’s NRS 649-licensed debt collector, demanded $1,380.60 by 1/8/13 to close the Sparkman escrow.

On 1/16/13, RMI d/b/a RRFS, SCA’s debt collector, demanded $1,451.75 from the prospective purchasers’ escrow by 1/31/13 to close the Sparkman escrow.

On 1/9/13, BANA stated that the investor rejected the Sparkman $310,000 offer that, per the 12/20/12 HUD-1, Ticor Title was instructed to pay the HOA an estimated $1,495.36 at COE (COE was requested by Sparkman to be 12/28/12).

The HOA did not receive of the money demanded because the lender would not approve the Sparkman 8/8/12 FMV offer.

See Page 1335 Resident Transaction Report 1/1/13 $677.31

See 12/20/12 RRFS pay off demand 1/8/13 $1,380.60

See 1/16/13 RRFS pay off demand 1/31/13 $1,451.75

See 12/20/12 HUD-1 estimated COE 12/28/12 $1,495.36

1/3/13 SCA 587 “LIEN SENT TO OWNER”

On 1/3/13 RRFS letter notified the Hansen estate that RRFS had recorded a $925.76 lien recorded on 12/14/12.

The lien contained $625.76 of RRFS fees over the $300 actually due and payable to SCA as of 12/14/12.

The 1 /3/13 RRFS letter stated that as of 1 /3/13 $1,355.80 was due on 1/3/13.

Note that the 12/14/12 lien was recorded without prior notice to the owner.

The 1/3/13 letter was the first notice Tobin received. Tobin gave it to Proudfit to handle. The RRFS claim that $1355.60 was due on 1/3/13 overstated the $575.00 actually due and owing by $780.60.

See SCA 590-591 1/3/13 delivery of 12/14/12 lien

BANA refused to let the house be sold at FMV BANA informed Proudfit that the “investor” rejected the Sparkman $310,000 purchase offer.

In 2013 BANA never claimed to own the beneficial interest of the Western Thrift DOT.

BANA’s 4/12/12 recorded claim that MERS assigned its interest to BANA did not meet the standards of Nevada’s anti-foreclosure fraud law (AB284) that was effective 10/1/11.

BANA blamed unnamed “investors”, some times alluding generically to Fannie Mae, for why the Sparkman deal was rejected.

There has never been a claim asserted that the Western Thrift DOT was sold to Fannie Mae.

Quoted here is the timeline of frustrations BANA caused the first bona fide purchasers, Sparkmans, as documented by the buyers’ agent, Linda Chain:

Aug 8, 2012: Purchase Agreement was accepted by seller for a price of $310,000

Nov 12, 2012 B of A ( 1st) countered price at $395,000 with a COE of 12/12/12

Nov 14, 2012 B of A countered that they would not pay Buyers Closing Costs

Nov 14, 2012 Buyer countered that buyer would pay buyers closing costs and countered purchase price at $300,000, based on comparable sales of model matches without views of city, strip, or golf.

Nov 19, 2012: Property appraised by Wells Fargo, buyers lender

Nov 23, 2012: Appraisal comes in at appraised value of $310,000, consistent with comps supplied to B of A.

Dec 4, 2012 B of A replied that they are not changing the countered price of $395,000.

Dec 4, 2012 Buyer elected to counter the $395,000 based on “Buyer to purchase property at his Wells Fargo Lenders appraised value of $310,000. (appraisal date 11/19/12) This is at the request of his lender and the terms of the loan.. Addendum increasing the purchase price from $300,000 to$310,000 was submitted to B of A along with the Wells Fargo appraisal.

Dec 10, 2012 B of A reported that the valuation for the property was completed and it was being submitted to the investor(s)

December 11, 2012 the following was received from the short sale processor :· Bank of America has countered again. · Sales price is still 310,000.00 · Closing date they have 1/13/13 but can close sooner. · B of A lowered our title owners policy now by 24.00 will the buyer pay the difference? · Let us (Ticor Title) know so we can accept the counter in equator.

This response clearly represents that B of A accepted the $310,000 based on the appraisal. (Chain’s emphasis)

Dec 12, 2102 – the buyer agreed to pay the $24.00 referenced above for the owners policy. This was submitted to the equator system.

Dec 20, 2012 – B of A submitted another counter regarding fees and payoff to the second and requested that the buyer pay an additional $642.45 toward the 2nd Lien. Buyer agreed.

Dec 27, 2012 – the B of A message was: “We are currently waiting for the investor’s approval. I sent the full package to them last week and they are reviewing this for approval.”

January 3, 2013 – B of A updated message relayed : “investor will not grant their approval because the offer is too low. If the buyers are willing to come up at all to around $340,000 I can submit this back to them. If not we are going to have to decline the file out. Please advise what direction we are taking so I can move the file for us.“ Having agreed to $310,000, then changing to $340,000, what makes them think the house is suddenly worth $30,000 more? Of interest in these “negotiations” is that a personal profile search on Jessica Adamek turned up that she graduated in 2012 and also works at Outback. I do not believe that is the profile that the banks want us to acknowledge for those handling what should be professional business transactions . (profile attached) Market values for this property have NOT increased over the past months, and have held steady at an average selling price per square foot of $128, totally consistent with recent comps supplied to B of A and used in the Wells Fargo appraisal.

This buyer is willing to purchase the home for the appraised value of $310,000 PLUS $5000 MORE OUT OF POCKET, and not any more as he does not want to be underwater from the day of ownership. He feels that the bank is trying to artificially increase the market, (emphasis added) and he is prepared to contact the Attorneys General’s office and the SEC, along with others, to expose the inappropriateness of the Fannie Mae Investors attempted negotiations on home that cannot be valued at the numbers that B of A is seeking.

I would appreciate hearing back from you as to the response from B of A. They have pushed these buyers and all involved in this process to the limit. We have reached the end. We can move forward at $315k and close, or B of A can close the file and we’ll start all over. “

See 1/5/13 email from buyers’ agent Linda Chain to Proudfit quoted above re BANA causing problems with Sparkman escrow.

See 4/3/13 Sparkman cancellation after BANA said investors wanted more or would not approve the sale.

Sparkman addendum 3 moved purchase price to $315,000 with COE 1/29/13 or sooner.

On 1/9/13, BANA informed the Hansen Estate that the Sparkman Short sale was not approved by the lender in a decline letter:

“Decline – Investor Denied” ” This short sale was submitted to your investor for approval and was denied…”

See 1/9/13 BANA notice to Hansen estate  “Decline – Investor denied”

On 1/9/13 Ticor Title requested RRFS to update pay off figures. See SCA 586 Ticor request for RRFS update.

1/10/13 SCA Board Meeting No SCA Executive Session was held on 1/10/13.

No foreclosure or bad debt item reported in 1/10/13 minutes. See 1/10/13 SCA Board minutes.

BANA did not claim to be the “Investor“

Charlie Carr, SVP contact at BANA sent Proudfit Realty an email stating

“The file (Sparkman) was declined on 1/10/13 due to insufficient offer per the Investor…”

SCA BOD doesn’t disclose who benefits by debt forgiveness

No record that the SCA Board adjourned to an executive session held on 1/24/13 and no minutes of an open board meeting on 1/24/13 where

“Write off bad debt for three accounts reviewed at the 1/24/13 executive session meeting in the amount of $3,431.39“

See 2/28/13 SCA BOD minutes item 17B, Pg. 8 of 9

RRFS added unnecessary, unauthorized fees

On 1/16/13, RRFS updated the pay off figures for the Sparkman escrow requested by Ticor Title disclosed in SCA 578-584.

RRFS demanded that $1,451.75 be paid by 1/31/13.

$575 was actually due and payable to the HOA on 1/16/13.

See SCA 578-584 1/16/13 RRFS updated demand to Ticor.

The RRFS 1/16/13 demand for $1,451.75 overstated the $575.00 actually due and payable on 1/16/13 by $876.75.

10/1/12  $275 +

1/1/13     $275 +

10/31/12. $25

1/16/13 = $575. Total due and payable vs. 1/16/13 $1,451.75 Demanded by RRFS to close Sparkman

As of 1/16/13, two quarterly installments were delinquent as check 143 paid the assessments for the quarter ending 9/30/12.

$275 assessments for the quarter from 10/1/13-12/31/12 for which a $25 late fee was authorized and imposed on 10/31/12,

and

$275 assessments due for the quarter from 1/1/13 to 3/31/13,

but

no late fee could be applied until that installment was more than thirty days in arrears, i.e.,  a late fee could be applied on 1/31/13.

1/24/13 Executive Session

On 1/24/13, the agenda for the Board to meet in closed session was typical.

The BOD in good faith discusses items and makes decisions in the manner attorneys and agents told them was required, but which violates the spirit and the letter of the law.

Debt collection related items on 1/24/13 agenda

4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines by Committee and take action on appeal requests.

5. REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

See 1/24/13 SCA BOD Agenda for executive (closed) session.

See NRS 116.31085

See SCA bylaws 3.15A

See 11/15/12 NRED Advisory Opinion 12-05.116 re Executive Session Agendas.

No minutes of 1/24/13 Board meeting

are posted on SCA website, only the 1/24/13 Executive session agenda. 1/24/13 Board action was reported on the 2/28/13 minutes.

Item 17 B on 2/28/13 minutes reported:

“Write off bad debt for three accounts reviewed at the 1/24/13 executive session meeting in the amount of $3,431.39 and for one account reviewed at the February 28, 2013 Executive Session meeting in the amount of $13,395.48, for a total of $16,826.87 that is outside the nine (9) month super priority lien.“

See 2/28/13 SCA BOD minutes item 17B, Pg. 8 of 9

See 1/24/13 Executive session agenda.

BANA did NOT claim to be the “Investor“

Communications between Proudfit and the Sparkman’s Realtor, documented in the Equator system, that per BANA’s negotiator: “rejections are not coming from B of A, the servicer, but from the investors”

See 1/27/13 Proudfit email to buyer & seller

$25 late fee assessed for the 1/1/13-3/31/13 quarter.

SCA removed RRFS collection reports from SCA website

RRFS reported to the Board that account 808634, 2763 White Sage Dr. was a potential write off of $677.31 as of 1/31/13.

See RRFS Collection Report as of 1/31/13

NSM Disclosed RRFS Threat Tobin sent to BANA on 5/7/13

The 2/5/13 RRFS letter to the GBH Trust at 2664 Olivia Heights Ave. was disclosed by NSM on 2/12/19 as NSM 283, as one of the attachments Tobin had sent to BANA on 5/7/13.

See annotated NSM 274-328 Tobin 5/7/13 letter & attachments sent to BANA

NSM 283 RRFS 2/5/13 threatening letter to the GBH Trust, that stated, inter alia,

“If payment in full (no amount is given)…within 10 days from the date of this letter, the above account will have approximately $825.00 in collection fees and costs added to the balance.”

See 2/5/13 RRFS letter (NSM 283)

Note that SCA 576 and RRFS 367 are not marked with the 5/10/13 fax line from Proudfit to BANA for Tobin’s submission of attachments to her 5/7/13 letter.

This is how NSM’s access to BANA’s and Equator records is clear.)

NSM’s withholding of records is suspect

NSM disclosed all of the attachments to Tobin’s 5/7/13 letter to BANA (NSM 274-328 ) that NSM had access to via the Equator platform as BANA’s successor servicing bank. NSM did not disclose other records

NSM withheld all records requested in discovery,

including BANA’s and Equator system records, by claiming that courts have found that business records are proprietary and confidential.

See annotated 2/21/19 NSM RESP to ROGs

See 2/21/19 NSM RESP to RFDs

See annotated 2/28/19 NSM SUPP RESP to ROGs

See 2/28/19 NSM RESP to RFDs

2/28/13 Executive Session

Related items

4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines by Committee and take action on appeal requests.

5. REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

See 2/28/13 Executive Session agenda

2/28/13 Executive Session 

“Write off bad debt for three accounts reviewed at the 1/24/13 executive session meeting in the amount of $3,431.39 and for one account reviewed at the February 28, 2013 Executive Session meeting in the amount of $13,395.48, for a total of $16,826.87 that is outside the nine (9) month super priority lien.”

See 2/28/13 SCA BOD minutes item 17B,

2/28/13 SCA BOD President’s report:

“At today’s executive session, our Board considered one request for a waiver of the minimum age requirement, a request for a waiver of fees, a request for both a payment plan and a waiver of fines, and one bad debt write-off.“

See 2/28/13 SCA BOD minutes. Pg. 9 of 9

3/7/13 SCA 572 “Send NOD to Title Company”

Notice of Default and Election to Sell (312NODES) was recorded.

See 3/12/13 NODES

Date of Wells Fargo letter to Litigation Intake, B of A, Westlake Village CA re 3/12/13 NODES from HOA

3/28/13 Executive Session

“4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines by Committee and take action on appeal requests.

5. REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.“

See 3/28/13 Executive Session Agenda

3/28/13 President’s Report:

“At our executive session today, our Board considered one request for a waiver of the minimum age requirement and one request for a waiver of late fees.”

See 3/28/13 SCA BOD minutes, pg. 8 of 8

$275 assessments came due for the quarter from 4/1/13-6/30/13

Asking price was increased on listing to $395,000 per Investor demand

Rescission of 3/12/13 Notice of Default and election to Sell was recorded.

See 4/3/13 recorded rescission of 3/12/13 Notice of Default & Election to Sell

Sparkman elected to cancel escrow and refund $5K EMD.

See 4/3/13 RPA counter 4 to cancel

SCA 254 RRFS acct detail 4/4/13 – 12/31/13 shows RRFS charged the Hansen account $150 on 4/30/13 to respond to Miles Bauer request for pay off figures.

See SCA 254 RRFS Account Detail from 4/4/13 – 12/31/13

On 4/4/13, BANA received a Wells Fargo notice, dated 3/20/13, that transmitted the rescinded 3/12/13 NODES. Wells Fargo, Columbia MD, told BANA:

“Our records indicate that you are the Servicer-in-fact for the above referenced property. Enclosed, please find (NODES). Please respond as appropriate.“

See NSM 282 Wells Fargo letter to BANA.

Miles Bauer went to RRFS not to Ticor Title

BANA’s agent Miles Bauer went directly to RRFS to request full payoff

See SCA 513 -520  re Miles Bauer request and tender

See SCA 415-416 for RRFS annotated work log

Miles, Bauer letter to Hansen Estate saying that BANA might not pay enough to satisfy Red Rock and I should pay the balance; also claimed that BANA was the beneficial owner of  the note.

See 4/8/13 Miles Bauer letter to Hansen Estate

Notice of Default and Election to sell (408NODES) was recorded.

See 4/10/13 notice of the 4/8/13 recorded NODES

Tiffani Mayes is new Customer Relationship manager for BANA, the servicing bank for the Western Thrift DOT.

 Per SCA 526 RRFS received Miles Bauer’s Payoff Demand on 4/16/13. It stated

“Our client is the deed of trust lien holder on the properties (listed) and has been made aware that an HOA default may exist. Would you please send me a full payoff for the HOA arrears as they currently exist?“

4/25/13 Executive Session

“4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines by Committee and take action on appeal requests.

5. REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

” See 4/25/13 Executive Session Agenda

4/25/13 President’s Report:

“At our executive session today, our Board considered one request for a waiver of fines and one request for a payment agreement.”

See 4/25/13 SCA BOD minutes, page 9 of 10

$825 for nine months assessments were delinquent and $75 in late fees were authorized when Miles Bauer tendered $825.

HOA is prohibited from foreclosing on fines.

Miles Bauer tender would have paid 100% of delinquent assessments as $825 would have paid the assessments due through 6/30/13.

Sparkmans withdrew FMV offer and moved out because BANA wouldn’t close escrow for eight months.

Another Extraordinary RRFS Demand

See SCA 517 -519 4/30/13 “Payoff Demand Sent”

RRFS letter to Miles Bauer stated that as of 4/30/13, $2,904.26 was due when actually $825 in assessments were delinquent and $75 in late fees were authorized.

On Wells Fargo letter, dated 5/2/13, to Gordon Hansen (not the estate) @ 2664 Olivia Heights, Wells Fargo denied the short sale request (for Sparkman, previously approved on 10/29/12) because

“we have not been able to reach you…” .

There is a Tobin hand-written note on the letter

“I called them on 5/7/13 & gave detailed update & said I won’t turn on utilities“

Nona’s letter to BANA telling them of the NODES, Wells Fargo’s refusing a short sale and telling them she won’t pay for the property any more.

See 5/7/13 Tobin to BANA letter – no attachments.

See NSM 274-328 annotated 5/7/13 Tobin to BANA letter with all attachments

BANA’s agent tendered $825 for the nine months then-delinquent that would have paid assessments in full to 6/30/13

Tobin accepted Mazzeo $395,000 purchase offer pending lender approval

See 5/10/13 Mazzeo $395,000 RPA

See SCA 512 5/16/13 Proudfit Payoff figures request to RRFS

Wells Fargo 5/20/13 short sale approval letter 

“Wells Fargo has approved your request for a short sale” contingent on written agreement to the terms by 7/4/13 . Buyers: John & Linda Mazzeo, Sales price: $395,000 as is;  Realtor commission $23,700;  Wells Fargo to get $1,542.46; arm’s length transaction; borrower nets zero; upon completion, Wells Fargo will release its lien and file a 1099-C for the cancellation of debt“

Note that Wells Fargo had issued a 1099-C for $15,000 in the 2012 tax year on which Tobin personally paid $600 in Federal income taxes on behalf of the GBH Trust.

See 5/20/13 Wells Fargo Short Sale Approval letter

Wells Fargo issued explicit instructions to the notary, including

“If using a power of attorney, the signing party must sign the non-present borrower’s name and write by the signer’s name “attorney-in-fact”.