Nationstar never was the beneficial owner of the disputed deed of trust.
The disputed deed of trust
|7/15/04||7/22/04||Western Thrift Deed of Trust (DOT)|
|7/15/04||A COPY of the promissory note executed by Gordon Hansen on 7/15/04 to pay back the Western Thrift Deed of Trust (DOT) was disclosed as NRS 258-260 on 2/12/19. |
NSM either was unable to, or refused to, produce the original of the promissory note in discovery.
|See NSM 258-260 copy of note.|
|See 2/21/19 NSM RESP to Tobin ROGs|
|See 2/21/19 NSM RESP to Tobin RFDs|
|See 2/12/19 NSM DISC 258-403|
|See 2/28/19 NSM SUPP RESP to Tobin ROGs|
|See 2/28/19 NSM SUPP RESP to Tobin RFDs|
|4/16/07||5/10/07||2nd DOT (Open-ended line of credit (LOC)) for $31,800 |
Wells Fargo – original lender/beneficiary Borrower – Gordon B. Hansen;
American Securities Co. – Trustee,
See 5/10/07 Wells Fargo 2nd DOT
|4/16/10||Notice to Hansen that Wells Fargo owns the DOT. BANA is servicer. |
This notice was sent as a result of the merger of Wachovia and Wells Fargo.
There is no unbroken chain of title from Western Thrift DOT to Wachovia.
This is the only such notice of the change of ownership of the DOT that was ever sent to Hansen or his estate.
|3/31/11||Assemblyman Marcus Conklin submission to Assembly Judiciary to support AB 284, Nevada’s anti-foreclosure fraud law .|
Attorney Generals in all 50 states, and 12 separate federal agencies, are investigating the lenders and servicers involved in “robo-signing,” …”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.”
See Conklin’s AB 284 (2011) Talking Points
|3/31/11||AB 284 (2011) |
1. required assignments of DOTs,
2. or documents that change the priority of the lien, to be recorded in the county where the property is located within 60 days;
3. 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 property 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
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 2011 Legislative Digest re AB 284 (2011) changes to NRS Chapter 107.
|10/1/11||See NRS 205.395|
|10/1/11||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.|
|4/4/12||4/12/12||Assignment of DOT to Bank of America (BANA)|
|10/29/12||Wells Fargo short sale approval letter 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.
|10/30/12||BANA notice to Hansen 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.
|3/20/13||Wells Fargo notice to BANA, as the servicing bank, to handle RRFS 3/12/13 NODES|
|5/7/13||Tobin letter to BANA transmitting documents: 8/27/08 deed, GBH Trust document, 3/7/13 NODES, WF letter to BANA re 3/12/13 NODES,|
|11/8/13||12/1/13||11/8/13 BANA Notice to the Estate of Gordon Hansen that the servicing of the Deed of Trust will change from BANA to NSM, effective 12/1/13|
|12/1/13||NSM replaced BANA as the servicing bank for the Western Thrift DOT on 12/1/13.|
See BANA’s 11/8/13 notice to the Hansen Estate of the change of the servicing bank.
See 11/8/13 BANA Notice