DECL: Craig Leidy

Craig Leidy affirmed under oath that the HOA sale was conducted without notice immediately after the unidentified lender rejected the www.auction.com $367,500 sale to the high bidder MKZ Properties.

Exhibit 2 Reply in Support of Motion to Reconsider includes two Leidy DECLS

5/11/18 D. Craig Leidy Declaration in support of Tobin motion for summary judgment

5/13/19 Craig Leidy Declaration in support of Tobin motion for reconsideration

Table of Contents Exhibits To 5/13/19 D. Craig Leidy DECL
Pageto PageDateDescription
165/13/19D. Craig Leidy DECL
785/11/18D. Craig Leidy DECL
992/1/14Letter of Authorization Tobin signed to Nationstar
10102/1/14Tobin signed do not call notice to NSM
11117/1/14Leidy email to Tobin re addendum to www.auction.com sale to MZK for $350,000 on 5/8/14
12127/10/14NSM notice to estate of Gordon Hansen that the single point of contact was changed to Nicole Uperesa (whereas it had been Veronica Duran who made the 5/28/14 offer of $1100 for HOA to close the MZK deal)
13137/9/14email to re-sign the addendum to MZK sales contract
14147/11/14replacement signed addendum to MZK sales contract returned
15157/16/14replacement signed addendum to MZK sales contract signed and returned
16167/24/14Leidy email to Tobin asking to sign to cancel the www.auction.com sale to MZK for $350,000 on 5/8/14 per instructions from NSM and change order to re-list the property at a higher price of $390,000
17177/30/14Leidy email to Tobin submitting a new offer and saying that NSM won’t identify the beneficiary that allegedly refused to agree to the www.auction.com sale
18217/30/14Tobin email to Leidy refusing to go forward unless NSM identified the beneficiary
22227/31/14Tobin email to Leidy “If the beneficiary is never challenged, they just keep moving the line. They wanted the auction, drag the buyer through the escrow and then refuse to close by making a demand at the end. Why counter at $375 and let the beneficiary demand more. Why not accept whatever comes in and let then make their demands from there? I have cooperated completely through 4 escrows and a deed in lieu over 2 1/2 years and they won’t even establish proof that they have standing to collect on the mortgage or identify themselves. WTF??? I feel like Neville Chamberlain trying to appease Hitler to avoid war.”
24248/4/14Leidy to Tobin – buyer countered and wants to do an inspection.
25258/4/14Tobin to Leidy “Wasn’t the last offer $358k? Didn’t the bank already say they wouldn’t take less than $375k?   You are right. No utilities go in my name ever again. It cost me over $1000 last time. When you say you can get the trust to reimburse, that is a big no. Why don’t you ask the bank if they’ll take this offer or if they want me to give the keys to the Public Administrator and walk away or get an attorney and demand cancelation of debt since they can’t prove they own it or take it off the market, rent it, keep the money until they foreclose. All options seem better than letting the bank screw it up at the end again.
26268/15/1412:52 PM (the sale was allegedly held at 10 AM that day) Tobin email to Leidy “I’m back in town. I’m assuming the bank won’t say what they will absolutely accept so we are dead in the water. The HOA just held a hearing and issued a fine that accumulates weekly after 2 weeks because the plants have died. 
Do you want to keep going?”
27278/19/1411:27 AM Leidy to Tobin request to sign withdraw listing from MLS
27278/19/144:44 PM Tobin to Leidy “Craig, my sister died last night &  my flight home is delayed until late tonight.  I’ll deal with this when I get back tomorrow.”
27278/19/142763 White Sage Termination order unsigned
7/25/14MLS notice that property is back on the market. ” AGENTS! BOM 7/25/14. Bank denied terms & escrow is now canceled. Bank wants higher offer than previously accepted. This will not be subject to Bidders Premium as before. I have worked out all other liens and this can close quickly. Because of the length of time involved with the previous escrow, much of the landscaping has died. Inside of this property is in good condition. Call me with any questions.”
322763 White Sage Termination order unsigned
339/10/14Leidy email to Tobin requesting again to sign “Please sign this and send back. This is so I can stop receiving calls on the property. The new owner is an agent in our office by the name of Tom Lucas. He intends to keep the property. I’m still receiving calls on the property. This document will stop the calls.”
349/11/143:34 PM Leidy email to Tobin “I hear what your saying and about 3/4 of what your thinking makes sense. According to our attorney, there are 200 case in the NV Supreme Court regarding this same thing.
Our attorney told me that no one knows what is going to happen with this type if problem. I’ll keep you posted.”
359/11/1410:50 AM Tobin email to Leidy with concerns about the surprise HOA sale “Then on August 15 I emailed you that there had been an HOA committee hearing about the dead plants and that a clock starting on fines. After that you called me and said a lot had been happening since we had spoken, to wit:         
1. there had been a foreclosure sale by Red Rock for delinquent HOA dues at some unspecified time 2. the new owner was a friend of yours and an agent in your Berkshire Hathaway office 3. the purchase price had been $63,000
4. the trust no longer had any responsibilities or concerns about the property as all the headaches now belonged to the new owner
5. you would no longer be working with me/the Trust; you would be working with the new owner to negotiate whatever needed to be resolved with the bank, the HOA etc.
359/11/14It should be noted that I have received nothing in writing related to any of the items above. Although I previously got many letters from Red Rock, I have gotten nothing from them saying that this foreclosure sale was scheduled or that it occurred.  As you know this property has eaten up hundreds of hours of my time over the past 2 ½ years and I would love to be done with it, but signing this last document just does not pass the smell test for me. It has the appearance of double dealing or insider trading. In order to get closure, what I think I need is: 1. If you and/or Tom are going to make a profit off of this property based on my research and documentation, then I would like a written agreement of an appropriate finders fee of 10% of the cancelled debt. 2. The listing is cancelled contingent on the recording of the legal change of title. 3. It is documented that the Trust and I are held harmless from any liability and are not subject to any financial exposure related to this property now or ever.
38399/19/14Leidy email to transmit 9/18/14 .130  Nev., Advance Opinion 75. Tobin said Leidy hadn’t answered her question about the distribution of the excess funds from the sale.
40749/18/14SFR Investments Pool, I, LLC vs US Bank, 130 Nev., Advance Opinion, 75

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