Originally published on 3/18/17 on my SCA Board campaign website http://www.nona4scaboard.com/20170318_Litigation_explanation_.pdf
People have asked for an explanation of the lawsuit I’m involved in.
At least one of my opponents makes a lot of disingenuous remarks suggesting I should be “exposed” and that I am suing the HOA for damages and that I am unjustly trying to hurt the HOA or I am just running for the Board to win a lawsuit.
All of these are fabrications and false.
In January, I became a defendant and claimant added to two existing lawsuits vying for title to 2763 White Sage Drive that was foreclosed on using the HOA’s authority in 2014.
This house was the residence of my late fiancé Bruce Hansen that held title in the name of the Gordon B. Hansen Trust. I became the Trustee and the executor of Bruce’s estate when Bruce died of pancreatic cancer in 2012.
The market was at a low point, and his house was underwater. I put it on the market immediately, but I had caretakers living there rent free to make sure the property was maintained and not a blight on the neighborhood.
This house was a nightmare for several years while the banks made probably 500 abusive collection calls to me even though I was the Executor and not the debtor.
I maintained the property at my expense for well over a year because the bank would do nothing to protect the property and didn’t care about the impact on the neighborhood of all the houses that became bank-owned after the economic downturn.
Proudfit Realty had the listing for 1 ½ years during which time Bank of America screwed up two sales, then Bank of America took possession but wouldn’t take title.
Then, I had Craig Leidy, a Berkshire Hathaway Realtor, re-list it. The new servicing bank Nationstar continued the abusive debt collection practices and also refused to close on multiple at or near full-price, arms-length deals.
SCA’s Agent put the property into collection as soon as I told them that Bruce had died. I paid Bruce’s HOA dues, but FSR did not credit my payments for Bruce’s house that I paid at the same time as I paid mine.
HOA Agents claimed a default before one existed, and prematurely put a lien on the property that contained unauthorized fees. SCA’s Agents refused to take payment of the super-priority amount offered by the bank, did not offer me a payment plan, a hearing, an appeal, or give notices required by law and Board policy.
As you can see, the process to take away a $400,000 house was less than the process mandated by SCA Board policy to provide Owners who are going to be sanctioned $100 for minor infractions such as a dead tree.
The HOA Agents foreclosed on the property without notice to me when I was literally at my sister’s deathbed and while my real estate agent Craig Leidy was on the Titans Temecula trip.
The HOA Agents sold Bruce’s house to a Berkshire Hathaway Realtor in the listing office for $63,100 (instead of the $375,000 refused by the bank two weeks earlier).
After the sale, I received no notice whatsoever from either SCA or HOA Agents that they had foreclosed on the Trust and taken away Bruce’s son’s and my interest in the property as beneficiaries of the Trust.
The former HOA Agents that conducted the sale only gave $2,701.04 to the HOA out of the $63,100 auction price, and illegally kept $60,000. They rebuffed my claim for the balance owed to the trust by statute. The HOA Agents weren’t acting as fiduciaries for the Association. They even stiffed the HOA out of the Asset Enhancement Fee and new member set-up fees.
I got back into the fray last year when I was notified that Bruce’s house had been re-conveyed to a dentist in Anthem Country Club for $1.00 on a fraudulently executed and notarized quit claim deed and that this property is part of a widespread rental scam across Las Vegas Valley. There are literally thousands of lawsuits in state and Federal court over problems with HOA foreclosures. I wrote a letter to the R-J Editor about it that I will post on my website www.nonatobin.com.
In fact, Alessi & Koenig who the SCA Board hired to replace our former Agents, conducted 800 HOA foreclosures between 2011-2015, and filed for Chapter 7 bankruptcy a few months ago because they were sued for their actions in 500 of them.
In January, I was approved by the court to become a defendant-in-intervention and was required to submit my claims by February 1, 2017 to get the title to the house returned to the Trust. The HOA is named as a necessary party because the foreclosure sale for alleged default on assessments was held under the HOA’s authority. HOA agents were not named in the two lawsuits I intervened on. I intend to make a claim against them later about the $60,000 they effectively stole from Bruce’s estate without involving the HOA.
If the HOA’s response were to support my motion to void the sale scheduled to be heard on April 6, the HOA could be out of the case at no essentially cost. That is the reasonable course of action as the facts support my claim that the sale was defective and did not conform to Nevada statutes, our HOA CC&Rs and by-laws. Costs to the HOA would only accrue if the HOA Board decided to condone the acts of its former agents and assert that its former Agents were authorized by the HOA Board to act in their own interest rather than as fiduciaries to SCA.
If the HOA Board decides to continue the current HOA delinquent assessment collection and foreclosure procedures there will be significant ongoing costs in litigation, insurance premiums and deductibles which dwarf the amount possibly collected by orders of magnitude. The HOA Board needs to be more rigorous in assessing the cost-effectiveness and managing the risk in the collections process.
The SCA Board must revise these defective procedures as they permit unscrupulous agents to be predatory, be unjustly enriched and to exploit our most vulnerable members. These procedures have already forced the
HOA into years-long battles with the banks whose mortgages were extinguished by HOA sale or who were otherwise ill-treated by our Agents. There is a significant cost to trying to beat the banks.
I am running for the Board because I love this place, and I think I can help fix this. I am more than mildly horrified by the manner in which the Board of Directors is being duped into unwittingly acting contrary to the interests of the members, and I want to make it right.
Nona Tobin March 18, 2017 2