Facts & Records 2003 – 2011
|7/31/03||7/31/03 Deed Del Webb to Gordon & Marilyn Hansen|
Deed Del Webb to Marilyn & Gordon Hansen, husband & wife Original purchase of newly built 2763 White Sage Dr.
See Clark County Recorder’s Office recorded property records from 7/31/03-3/12/20 (61 records)
|7/31/03||DOT City First Mortgage Services, Lender; Lawyers Title, Trustee; Lender is beneficiary |
|7/31/03||WHICH DOT WAS DISPUTED WAS 1ST OF MANY|
DISPUTED FACTS in SCA MSJ
2/5/19 SCA MSJ mis-stated that the 7/31/03 Deed of Trust taken out for the original purchase was disputed in this case. It is not.
SCA MSJ said 7/31/03 DOT was disputed
See 2/5/19 SCA MSJ, pg. 5, lines 7-10
“II. UNDISPUTED MATERIAL FACTS“
“In 2003, Gordon B. Hansen obtained a loan to purchased the real property located at 2763 White Sage Drive., Henderson, NV 89052 (the “Property’). See Cross-Claim ¶ 13.”
SCA Mis-stated both which DOT & Cross-claim #13 reference in Tobin CRCM
See Tobin 1/31/17 CRCM vs. SCA, #13, on pg. 4,
Paragraph 13 actually states
“13. If this Court determines that the HOA sale is null and void as it was conducted improperly and/or was legally deficient in other ways, this Court has the authority to return equitable title, ownership and possession to the Gordon B. Hansen Trust “GBH TRUST”, as the titleholder on August 15, 2014 at the time of the sale, subject to whatever liens as may be determined later as valid to encumber the legal title.”
Disputed DOT was taken out on 7/15/04 after Hansen’s divorce
The disputed DOT was taken out on 7/15/04 from Western Thrift & Loan and recorded on 7/22/04.
Borrower – Gordon B. Hansen, an unmarried man
Lender – Western Thrift & Loan
Beneficiary – MERS as nominee for the beneficiary
Trustee – Joan H. Anderson
See disputed 7/15/04 Hansen DOT
|7/31/03||Nevada Statement of Value for Real Property Transfer Tax (RPTT) identifies the Fair Market Value (FMV) as the original purchase price of $388,311.|
|9/10/03||City First Mortgage Services (lender/beneficiary) assigned its interest in 7/31/03 DOT to Washington Mutual (new beneficiary),by Lawyers Title, Trustee.|
|11/20/03||DOT (2nd-$55,000)) was originated: Gordon & Marilyn Hansen, Borrowers; |
American Securities Co, Trustee,
Wells Fargo, Lender/Beneficiary.
|2/2/04||FINANCIALLY CONFLICTED AGENTS|
FFN RMI, Kevin Wallace, Barnhart d/b/a RRFS.
This becomes relevant later because RMI was SCA’s managing agent from 2006 when Developer/Declarant Del Webb turned the development over to Sun City Anthem Community Association, Inc. (SCA) until 2012 or 2013 when RMI merged with, was bought by, or somehow morphed into First Service Residential.
|2/2/04||FFN RMI Management LLC d/b/a Red Rock Financial Services (RRFS).|
This is relevant because RMI d/b/a RRFS was serving both as the managing agent and as the debt collector for SCA.
Records show that the NRS 649 debt collection license has been held in the name of First Service Residential NV since 2/25/06, i.e., FSR d/b/a RRFS
See 2016 NV Financial Institutions Division records search of NRS 649 licenses
See 5/29/13 IRS W-9 that shows RMI d/b/a RRFS
See 3/28/14 IRS W-9 that shows FSR d/b/a RRFS
|6/4/04||Marilyn Hansen transferred her community property interest to Gordon Hansen in the divorce settlement.|
On 6/4/04, Marilyn Hansen executed a quitclaim to transfer title to Gordon Hansen, as a single man.
|6/11/04||6/11/04 Deed Marilyn to Gordon Hansen|
The transfer of title from the married couple to Gordon Hansen was recorded on 6/11/04.
See 6/11/04 Recorded Deed from Marilyn to Gordon Hansen
|7/15/04||WESTERN THRIFT DEED OF TRUST|
This is the disputed DOT.
On 7/15/04, executed the disputed Deed of Trust.
Gordon Hansen – Borrower
MERS – nominee for the beneficiary.
Joan H. Anderson -Trustee.
See disputed 7/15/04 Hansen DOT
|7/22/04||On 7/22/04, the disputed Deed of Trust was recorded. |
See 7/22/04 Recorded Hansen 7/15/04 Hansen Deed of Trust,
|8/17/04||Deed of Re-conveyance |
Wells Fargo re-conveyed $55K 2nd DOT, originated by the couple on 11/20/03, to Gordon Hansen.
Wells Fargo removed the lien of the 11/20/03 2nd DOT.
|8/31/04||Substitution of Trustee and Full Re-conveyance of 7/31/03 DOT from Washington Mutual, Beneficiary, to Gordon and Marilyn Hansen, Borrowers; |
Recording was by CA Re-conveyance Co. as substitute Trustee for Trustee Lawyers Title.
|9/1/04||Gordon Hansen recorded a Homestead.|
Homestead in Nevada does not protect from HOA foreclosure.
See NRS 115.010 (3)(b) “Exemption from sale on execution and from process of court; amount of exemption; exceptions; extension of exemption.“
“3. Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:
(b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
Ê unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.“
|1/1/06||HOA OWNERSHIP RECORD|
First entry Resident Transaction Report (2763 RTR), the HOA ledger of financial transactions related to 2763 White Sage, Pages 1334-1337.
Payments to SCA are maintained by the managing agent, RMI from 2006 to 2012.
FSR maintained the RTR for all SCA properties between 2013 to 3/31/16.
SCA employees controlled the HOA ownership records in a new self-managed records system when SCA severed its contractual ties with FSR f/k/a RMI.
See 2736 RTR Pages 1334-1337 that contain all entries from 1/1/06 – 3/31/16 of financial transactions when Gordon Hansen and Jimijack were identified as owners of 2763 White Sage Dr.
Pages 1334-1336 relate to transaction when the account was in Hansen’s name.
On Page 1337, covering transactions from 9/2514 – 2/24/16, the 2763 RTR account is transferred into the name of “Jimijack Irr Tr“.
See SCA account 16962 for Jimijack’s property from 4/1/16-5/9/16.
Notes regarding the Page 1335 2763 RTR
Page 1335 2763 RTR covers transactions from 4/30/11 – 12/31/13
Gordon Hansen Account, Resident ID 0480 01
11/22/11 entry “Lockbox Payment 61105”.
Balance due = $0
Hansen was current when he died.
2/21/12 entry $300 Check 112 paid $275 quarterly assessments +25 late fee. Balance due = $0 (assessments paid through 3/31/12)
4/26/12 entry $275 Check 127 for assessments for the quarter 4/1/12-6/30/12. Balance due was $0. (assessments paid through 6/30/12)
8/17/12 No entry of receipt of check 143 comparable to 8/17/12 entry on 2664 RTR receipt of check 142 if delivered at the same time as Tobin believed because there is no date received stamped on check 143 as on check 142.
11/9/12 entry – $300 “Collection Payment Part”
Balance due was $351.21.
This entry shows how check 143 that was submitted to the HOA on either 8/17/12 or 10/3/12, was not credited in 2763 RTR until 11/9/12, and then, it was not properly used to pay the assessments through 9/30/12 which would have prevented the recording of a lien.
7. 10/3/12 No entry of receipt of check 143 if transmitted by 10/3/12 Tobin letter as alleged in SCA 631.
Check 143 paid assessments due for 7/1/12 – 9/30/12
See SCA 618 Association Allocation Detail that shows that check 143 paid the $275 assessments due on 7/1/12 and the $25 late fee due on 7/31/12.
See SCA-written order (NEO 4/18/19) page 4, lines 1-2
“13. The Ledger and Payment Allocation indicate that payment was applied to 2 the July 1, 2012 Quarter Assessment and the July 31, 2012 Late Fee. ”
8. 11/30/12 entry $25 was added 2nd late fee for the 10/1/12-12/31/12 quarterly installment.
Balance due was $376.21.
Compare 2763 RTR balance of $376/21 due on 11/30/12 to the $925.76 balance RRFS claimed was verified by the HOA as due and owing as of 12/5/12 (per lien recorded on 12/14/12).
11/30/12 per 2763 RTR $376.21
12/5/12 per RRFS lien $925.76
9. 5/8/13 No 2763 RTR entry acknowledged Miles Bauer $825 check to RRFS (SCA 513) on 5/9/13. If not rejected, balance would have been $0 to 6/30/13.
|1/1/06||Notes regarding the Page 1336 2763 RTR |
Gordon Hansen Account, Resident ID 0480 01
5/28/14 No entry of $1,100 offer from NSM (SCA 302) that would have paid the super-priority.
8/15/14 No entry that RRFS collected $63,100 from the 8/15/14 sale (SCA 255).
8/22/14 No entry that Thomas Lucas or Opportunity Homes, LLC, paid SCA a new owner set up fee or the Asset Enhancement Fee
See 8/22/14 recorded foreclosure deed.
See SCA CC&Rs 8.12 Asset Enhancement Fee that mandates every new owner pay 1/3 of 1% of the sale price
8/27/14 entry $2,701.04 “Collection Payment PIF”.
Balance due on Hansen account = $0
8/29/14, 9/05/14, 9/12/14, and 9/23/14 same entries, each for $25 “Landscape Maint” were fines imposed for dead plants pursuant to 8/13/14 Notice of Fines.
9/25/14 four entries, “Transfer 8/29/14-9/23/14” transferred the four $25 fines to Page 1337, Jimijack Irr Tr Account, Resident ID 0480 02
|1/1/06||JIMIJACK WAS THE SECOND OWNER|
Notes regarding the 2763 RTR Page 1337
Jimijack Irrevocable Trust, Resident ID 0480 02
9/25/14 entry “Jimijack Irr Tr“, identified as Resident ID 0480-02, was charged an “Account Setup Fee Resal(e)” of $225
9/25/14 entry transferred $100 for the four $25 fines that were previously charged to the Hansen account.
11/8/14 entry removed the $100 for fines with the “posted in error”
11/24/14 entry shows that Jimijack paid the $225 new owner fee
|1/1/06||RESIDENT TRANSACTION REPORT|
2664 OLIVIA HEIGHTS AVE.
NONA TOBIN’S RESIDENCE
First entry into Resident Transaction Report, the HOA Ledger of financial transactions from 1/1/06 – 3/31/16 related to 2664 Olivia Heights, Pages 12858-12860.
SCA account 14737 for Tobin’s property from 4/1/16 to 5/9/16 covered the period maintained by SCA employees from 4/1/16 – 5/9/16 when Tobin acquired these records on a records request.
See Page 12858 transactions from 1/1/06 – 2/23/11
2/23/11 entry – $250 payment made the account $765.00 overpaid.
See Page 12859 transactions from 3/24/11- 1/4/16
3/24/11 entry – $250 payment made the account $1,015.00 overpaid. Since SCA would not refund the over-payment, Tobin stopped auto-pay.
7/31/12 entry $25 late fee was the only late fee Tobin was ever assessed from 2/20/04 to the present.
|2/15/06||NRS 649 debt collector license was originally issued FSR d/b/a RRFS|
|3/23/06||Thomas Lucas became a licensed Broker/ Salesperson covered by NAC 645.620, NAC 645.635, NAC 645.637, NAC 645.640. Lucas identified as hanging his license under Forrest Barbee, BHHS NV Properties, 3185 St. Rose PKWY #100, 89052, firstname.lastname@example.org|
|4/16/07||2nd DOT Open-ended Line of Credit $31,800 |
Wells Fargo, original lender/ beneficiary.
Borrower Gordon B. Hansen;
American Securities Co.- Trustee.
|5/10/07||Wells Fargo 2nd DOT, $31,800 line of credit was recorded against the title.|
See 5/10/07 2nd DOT
On 3/12/15 Wells Fargo re-conveyed the property to Gordon Hansen and released the lien.
On 10/29/12 Wells Fargo approved the sale of the property to the Sparkmans for $310,000.
Wells Fargo agreed to accept $3,000 as its share of the sale proceeds as the beneficiary of the 2nd DOT.
See 10/29/12 Wells Fargo Short Sale Approval Letter 2nd lien
Wells Fargo never claimed that it was owed the portion of the proceeds that would go to the beneficiary of the disputed Western Thrift DOT.
Wells Fargo issued a 1099-C for the $15,000 balance outstanding when the borrower died.
Tobin paid the tax due on the 1099-C for $15,000 loan forgiveness when she filed a 2012 tax return for Hansen.
In December 2013 Tobin consulted a tax attorney regarding the Wells Fargo 1099-C and other issues.
See Tobin notes of the tax attorney consultation
|5/14/08||Third Amended and Restated Sun City Anthem CC&Rs and Bylaws were signed. |
|5/20/08||Third Revision of SCA Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and bylaws, were recorded.|
SCA CC&Rs and bylaws 3rd revision were disclosed as SCA 001-116.
|8/22/08||Gordon B. Hansen Trust, dated 8/22/08|
Gordon B. Hansen Trust, dated 8/22/08, was created when GBH Trust Instrument was executed.
Nona Tobin was nominated as Successor Trustee in the event of the death or incapacity of Hansen, the Grantor/Trustee.
|8/27/08||8/27/08 Deed from Hansen to GBH Trust|
Grant, sale, bargain deed transferred title to the property from Gordon Hansen to Gordon B. Hansen Trust, dated 8/22/08.
|11/5/08||NRED Letter of Instruction|
NRED letter of instruction (IS-07-1588) to Sun City Anthem Board re decision-making must only occur in meetings.
The Board must make decisions only in meetings that are open to owners unless the topics are those authorized for closed meetings by NRS 116.31085.
See also NRED Advisory re Executive Session Agendas
|2/26/10||HOA Management Agreement with RMI Management LLC (RMI)|
|4/26/10||On 4/26/10 BANA sent notice of a change of owner of the 7/15/04 Western Thrift DOT.|
See 4/26/10 BANA letter to Gordon Hansen.
BANA stated that the notice was required because Wachovia and Wells Fargo had merged.
“We are notifying you, as required by federal law, that as a result of the merger of Wachovia Bank, N.A. with Wells Fargo Bank, N.A., Wells Fargo Bank is now the owner of your mortgage.”
Notice also stated that BANA remained the servicing bank.
“The party having the authority to act on behalf of Wells Fargo Bank in connection with your mortgage is your mortgage servicer, who can be reached as follows:
BAC Home Loans Servicing, LP
P. 0. Box 5170; CA6-919-01-41
Simi Valley, CA 93062
This 3/20/10 change of ownership of Hansen’s 7/15/04 DOT from Wachovia to Wells Fargo was not recorded.
There is also no chain of title or endorsement on the note from Western Thrift & Loan to Wachovia.
See endorsements to the COPY of the 7/15/04 Hansen promissory note that was disclosed by NSM on 2/12/19 as NSM 258-260.
The first recorded change of ownership of Hansen’s 7/15/04 DOT was recorded on 4/12/12 when BANA recorded that MERS had assigned Western Thrift’s interest to BANA.
Wells Fargo did not have a recorded interest in the DOT until 9/9/14 when BANA recorded that it assigned to Wells Fargo, effective 8/21/14, whatever interest BANA had acquired on 4/12/12.
See 9/9/14 BANA to Wells Fargo assignment.
|6/10/10||Red Rock Financial LLC trade Name expiration NVSOS|
Note that RRFS LLC was not signatory to any contract for debt collection with SCA.
RRFS, a partnership, was SCA’s debt collector from 2006 – 2015.
See SCA-RRFS 4/27/12 contract. (This contract is applicable to SCA’s twelve foreclosures, but it was not disclosed by SCA in discovery).
SCA 164-167 was the inapplicable 2007 SCA-RRFS contract that does not contain the indemnity clause that requires RRFS to indemnify and hold SCA harmless if SCA is sued for RRFS’s actions.
See 2012 RRFS indemnification clause, number 7 on page 3.
See IRS W-9 5/29/13 wherein RMI Management d/b/a RRFS,
EIN 88-03580132, accounted for funds collected
See IRS W-9 3/28/14 wherein First Service Residential, Nevada, LLC d/b/a RRFS, EIN 88-03580132, accounted for funds collected
|2/4/11||NSM’S FIRST FALSE CLAIM|
“On February 4, 2011, a Corporation Assignment of Deed of Trust Nevada was recorded conveying to Nationstar the beneficial interest under the Deed of Trust.”
Page 2, line 25, Page 3, line 1, 1/11/16 COMP NSM vs. Opportunity Homes, LLC
In 2011, Nevada Legislature studied foreclosure fraud and adopted AB 284 to prevent banks from recording false affidavits. After the passage of AB 284, “robo-signed” instruments could not create for a lender the power to foreclose on notes not owned AND possessed.
See also white paper by Wright, Finley Zak
Assemblyman Marcus Conklin submission to Assembly Judiciary re AB 284, supporting AB 284(2011) Nevada’s robo-signing, anti-foreclosure fraud law, as critically needed noting that Attorney Generals in all 50 states, and 12 separate federal agencies, are investigating the lenders and servicing banks involved.
” …Improper assignments have been recorded…based on falsified documents by lenders who did not truly hold the note.“
“…Virtually every foreclosure in Nevada is non-judicial. There is no court overseeing the validity of the documents involved. “
|3/31/11||AB 284 (2011) required |
1. assignments of DOTs or documents that change the priority of the lien to be recorded in the county where the property is located within 60 days;
2. “an assignment is not effective unless and until it is recorded”.
4. Requires a certificate of discharge of a DOT within 21 days.
5. an encumbrance on real property is enforceable only if it is recorded in the county where the property is located and the party seeking to enforce it is either an original party or the holder of record.
6. Defines who can be a trustee on a DOT and that a trustee can not be a beneficiary. See NRS 107.028 (2) “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.“
9. amended NRS 107.080 to require a NOD with a notarized affidavit of trustee’s authority to exercise the power of sale with statement under penalty of perjury that the lender or trustee is in actual possession of the Note.
Includes penalties. NRS 205 is revised to increase penalty for false affidavits to a class C felony or if there is a pattern to a class B felony.
See Legislative Digest 2011 amendments re penalties
NRS 205.395 False representation concerning title; penalties; civil action.
Sec. 14. NRS 205.395 is hereby amended to read as follows:
205.395 1. Every person who
(a) Claims an interest in, or a lien or encumbrance against, real property in a document that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid;
(b) Executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real property, that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid; or
(c) Causes a document described in paragraph (a) or (b) to be recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid,
Ê has made a false representation concerning title.
2. A person who makes a false representation concerning title in violation of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
ê2011 Statutes of Nevada, Page 339 (CHAPTER 81, AB 284)ê
3. A person who engages in a pattern of making false representations concerning title is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.
4. In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.
5. Except as otherwise provided in this subsection, the owner or holder of the beneficial interest in real property which is the subject of a false representation concerning title may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs. The owner or holder of the beneficial interest in the real property must, before bringing a civil action pursuant to this subsection, send a written request to the person who made the false representation to record a document which corrects the false representation. If the person records such a document not later than 20 days after the date of the written request, the owner or holder of the beneficial interest may not bring a civil action pursuant to this subsection.
6. As used in this section, “pattern of making false representations concerning title” means one or more violations of a provision of subsection 1 committed in two or more transactions:
(a) Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;
(b) Which are not isolated incidents within the preceding 4 years; and
(c) In which the aggregate loss or intended loss is more than $2500.
Sole amendment to the Gordon B. Hansen Trust, dated 8/22/08, had the sole effect of changing the beneficiaries.
|8/18/11||Delaware incorporation of RRFS, LLC.|
This is not the same entity as the RRFS that contracted with SCA to do debt collection. RRFS is a partnership EIN 88-0358132
|8/29/11||RRFS, LLC Foreign registration in Nevada|
SCA DID NOT PROVIDE THESE NOTICES PRIOR TO IMPOSING FINES MIS-NAMED “COLLECTION COSTS’
SCA Board Resolution Establishing the Governing Documents Enforcement Policy.
This policy requires specific notices prior to the Board imposes any sanction for an alleged violation of the governing documents.
SCA claims that this Board policy, as well as NRS 116.31031 and SCA CC&Rs 7.4 Compliance & Enforcement do not apply when the sanction that is imposed is greater than a temporary suspension of membership benefits.