Once the plaintiff is not an authorities official or staff, and since defendants failed to file encumbrances against the disputed property due to the fact retribution for certified political obligations, plaintiff cannot condition a legal claim getting invalid 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. Come across 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 her allege, plaintiff attaches a duplicate away from a great “report from difficulty” letter she sent to the bank out of The usa Mortgage brokers system and you may a loan modification request function one she provided for “BAC – Home Storage Division – (One Broker)
Then, once the fundamental foundation of allege are defendants’ so-called scam when making and you may tape the fresh new allegedly “defective” documents, plaintiff need meet up with the heightened pleading conditions detailed for the Provided. (more…)
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