Given that plaintiff is not a national certified or staff member, and because defendants didn’t document encumbrances contrary to the disputed property because retribution having specialized governmental responsibilities, plaintiff you should never condition a legal claim getting 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 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.

Meant for their allege, plaintiff attaches a duplicate of good “declaration from difficulty” page she provided for the bank off The usa Home loans system and you will that loan amendment request setting that she delivered to “BAC – House Storage Department – (One Agent)

After that, just like the fundamental basis of this claim are defendants’ so-called con in making and you can recording the newest allegedly “defective” files, plaintiff have to meet up with the increased pleading criteria outlined when you look at the Given. Roentgen. Civ. P. 9(b). As a result, plaintiff’s allege goes wrong for it a lot more need. Defendants’ motion was therefore supplied regarding plaintiff’s sixth claim.

Plaintiff alleges you to definitely Stacy Blouin, an employee of BNYM, lied within her affidavit because of the testifying you to definitely she had not obtained an obtain a meeting otherwise 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. Metro. 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. 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.

Second, though perjury is actually https://simplycashadvance.net/installment-loans-ak/ an excellent cognizable civil allege, plaintiff has never so-called any items, past mere conclusory allegations, that Ms. Blouin lied within her affidavit or are pretending defectively when it comes to BNYM. ” SAC Ex lover. B, at the step three-5. This type of documents, however, don’t show that Ms. Blouin in reality acquired or got knowledge of such records, specifically because they were not treated to their own. As such, plaintiff fails to condition a declare having municipal perjury; correctly, defendants’ actions try supplied because value.