Since plaintiff isnt a national formal otherwise worker, and because defendants didn’t document encumbrances resistant to the debated property as retribution for certified governmental obligations, plaintiff try not to county a statutory claim to own 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. Discover 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 allege, plaintiff links a copy away from a great “report of hardship” page she delivered to the lending company out of The usa Lenders program and you may a loan modification consult means you to definitely she sent to “BAC – Domestic Storage Section – (Any Broker)

Then, just like the root base of claim is defendants’ alleged ripoff when making and you will tape the latest allegedly “defective” data files, plaintiff need certainly to meet up with the heightened pleading standards intricate from inside the Fed. Roentgen. Civ. P. 9(b). As a result, plaintiff’s allege goes wrong for it most reason. Defendants’ action is actually hence supplied about plaintiff’s 6th claim.

Plaintiff alleges you to Stacy Blouin, a member of staff from BNYM, lied in her affidavit of the testifying that she had not obtained an obtain a meeting or 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. 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 Specialists., Inc. v. Edwards, 464 F.Supp.2d 1063, 1067 (W.D.Wash. 2006) (“there is no civil cause of action for perjury”); Ting v. United states, 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.

2nd, though perjury is an excellent cognizable municipal allege, plaintiff hasn’t so-called any points, past mere conclusory allegations, one to Ms. Blouin lied inside her affidavit otherwise is pretending improperly in regard to BNYM. ” SAC Ex lover. B, within 3-5. These types of records, however, neglect to show that Ms. Blouin indeed gotten or had knowledge of these records, especially since they just weren’t managed to title loans in Nevada help you their. As a result, plaintiff doesn’t condition a declare to own civil perjury; correctly, defendants’ motion try supplied because regard.