Due to the fact plaintiff is not an authorities certified otherwise worker, and because defendants don’t document encumbrances from the debated property as the retribution getting formal governmental duties, plaintiff you should never county a statutory claim getting incorrect encumbrance.
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 entitling her to relief. Look for 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.
To get her allege, plaintiff links a copy from a great “statement off hardship” letter she provided for the lending company regarding The usa Mortgage brokers system and you can a loan amendment request mode that she provided for “BAC – Family Retention Division – (Any Representative)
Further, as hidden foundation associated with claim try defendants’ so-called scam in making and you can recording the fresh allegedly “defective” data, plaintiff have to meet the heightened pleading conditions intricate within the Given. Roentgen. Civ. P. 9(b). As a result, plaintiff’s claim goes wrong because of it most need. Defendants’ motion is actually for this reason supplied on plaintiff’s sixth claim.
Plaintiff alleges one to Stacy Blouin, an employee out of BNYM, lied within her affidavit by testifying one she hadn’t obtained a request for a meeting otherwise mortgage 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. Region. 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 Specialists., Inc. speedycashloan.net emergency cash for unemployed single mothers v. Edwards, 464 F.Supp.2d 1063, 1067 (W.D.Wash. 2006) (“there is no civil cause of action for perjury”); Ting v. You, 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, in the event perjury is actually a cognizable municipal allege, plaintiff has not yet so-called one products, past simple conclusory accusations, one to Ms. Blouin lied within her affidavit otherwise was pretending improperly in regard so you can BNYM. ” SAC Ex. B, on step three-5. These data files, yet not, fail to show that Ms. Blouin in fact gotten or got experience with this type of records, particularly because they weren’t treated in order to her. Therefore, plaintiff fails to county a declare to have municipal perjury; correctly, defendants’ action are provided where value.
