Once the plaintiff is not a national certified or staff, and because defendants don’t file encumbrances against the debated possessions just like the retribution to possess formal governmental requirements, plaintiff never county a statutory claim for invalid 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 personal loans in Hawai 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 entitling her to relief. Pick 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.
In support of their unique allege, plaintiff attaches a duplicate of a beneficial « declaration out of adversity » letter she delivered to the financial institution from America Mortgage brokers program and you may a loan modification demand means one to she delivered to « BAC – House Retention Section – (Any Agent)
Further, given that fundamental foundation on the allege are defendants’ so-called fraud for making and you may recording the fresh new presumably « defective » files, plaintiff need certainly to meet up with the heightened pleading criteria detailed in the Provided. Roentgen. Civ. P. 9(b). As such, plaintiff’s claim goes wrong for this a lot more reasoning. Defendants’ actions was hence provided as to plaintiff’s 6th claim.
Plaintiff alleges that Stacy Blouin, an employee away from BNYM, lied in her affidavit by the testifying one she hadn’t gotten an obtain a conference or loan modification
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. Area. Transit, 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.
Second, whether or not perjury is a beneficial cognizable civil allege, plaintiff hasn’t so-called people items, past simple conclusory allegations, one to Ms. Blouin lied in her own affidavit or are acting defectively when it comes so you can BNYM. » SAC Ex. B, at the step three-5. This type of data, however, fail to show that Ms. Blouin actually obtained or had experience in this type of files, specifically because they were not managed so you’re able to their unique. As a result, plaintiff doesn’t county a claim having civil perjury; consequently, defendants’ actions try granted for the reason that esteem.