While the plaintiff is not a government formal otherwise employee, and since defendants didn’t document encumbrances up against the debated possessions given that retribution for certified governmental obligations, plaintiff dont state a statutory allege having incorrect burden.
As stated in the Opinion, the fact that these documents were recorded in Lane County does not establish that they were in anyway invalid. Opinion at 21. Plaintiff does not explain how these documents are “defective”; as such, plaintiff cannot state a claim for relief because she dose not allege “sufficient . . . underlying facts” in support of her claim. Starr, 652 F.3d at 1216.
Moreover, plaintiff’s assertion that defendants had knowledge of the allegedly invalid encumbrances “because they each had persons in their employ who . . . create[d] fictitious documents” is similarly vague and conclusory. Thus, plaintiff is again merely asserting the elements of a claim, without identifying any particular facts online loan approval direct deposit entitling her to relief. Select Or. Rev. Stat. (“[a]ny person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property”). Plaintiff’s invalid encumbrance claim is improperly plead and therefore dismissed.
Meant for their own allege, plaintiff attaches a copy of a “report of hardship” letter she provided for the bank from The usa Lenders program and you can financing modification demand mode that she sent to “BAC – Home Storage Department – (One Representative)
Then, because hidden foundation for the claim are defendants’ alleged con to make and you will tape brand new allegedly “defective” records, plaintiff need meet up with the heightened pleading requirements detailed into the Provided. Roentgen. Civ. P. 9(b). As a result, plaintiff’s allege fails for this extra reasoning. Defendants’ actions is actually therefore provided regarding plaintiff’s 6th allege.
Plaintiff alleges you to Stacy Blouin, a worker off BNYM, lied in her affidavit from the testifying one to she hadn’t acquired a request for a meeting otherwise loan mod
Plaintiff’s final claim is for civil perjury. SAC 62. In addition, plaintiff contends that w[t]he assertion that Stacy L. Blouin was acting for BNYM was knowingly false [because] Ms. Blouin was acting for [BAC and ReconTrust].” Id. Plaintiff’s seventh claim fails for two reasons.
First, plaintiff has not cited to, and this Court is not aware of, any authority which supports a civil cause of action for perjury. The Oregon statutes that govern perjury are all criminal in nature. See Or. Rev. Stat. , , . Moreover, while Oregon has not explicitly addressed this issue, all other districts within this Circuit have uniformly held that “there is no civil cause of action for perjury; it is a criminal offense.” Lowrv v. City. Transportation, 2010 WL 2485611, *2 (S.D.Cal. trak Rys., USA, 2010 WL 891933, *2 (E.D.Cal. ) (“California law does not recognize a civil cause of action for perjury”); FMC Techs., Inc. v. Edwards, 464 F.Supp.2d 1063, 1067 (W.D.Wash. 2006) (“there is no civil cause of action for perjury”); Ting v. All of us, 927 F.2d 1504, 1515 (9th Cir. 1991) (“a civil action for damages for injuries arising from false testimony or perjury is not recognized in California”). As such, plaintiff is unable to state a claim for civil perjury, as no such cause of action exists.
Next, even if perjury are good cognizable municipal allege, plaintiff has not alleged any issues, beyond simple conclusory allegations, you to Ms. Blouin lied within her affidavit otherwise is actually acting improperly when it comes in order to BNYM. ” SAC Ex lover. B, at step 3-5. These types of files, yet not, don’t demonstrate that Ms. Blouin in reality gotten or got expertise in these data, particularly simply because they weren’t managed to help you their. Therefore, plaintiff does not condition a claim for civil perjury; appropriately, defendants’ action try provided in that admiration.