Due to the fact plaintiff isnt an authorities specialized otherwise worker, and since defendants did not document encumbrances from the debated possessions since the retribution having specialized governmental commitments, plaintiff cannot condition a statutory claim to own incorrect 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. Select 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 connects a copy from good “report from adversity” page she provided for the financial institution regarding The united tribal installment loans for poor credit states Home loans program and you can financing modification demand form you to definitely she taken to “BAC – Household Maintenance Department – (One Agent)
Then, once the fundamental foundation on the allege try defendants’ alleged ripoff to make and you can tape the new allegedly “defective” data files, plaintiff need certainly to meet the heightened pleading requirements detailed inside Fed. Roentgen. Civ. P. 9(b). As such, plaintiff’s allege fails for it a lot more cause. Defendants’ actions are hence supplied on plaintiff’s sixth allege.
Plaintiff alleges one Stacy Blouin, an employee of BNYM, lied inside her affidavit by the testifying you to she hadn’t acquired a request a conference 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. 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. 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.
Next, no matter if perjury was an excellent cognizable civil allege, plaintiff has not so-called one issues, beyond mere conclusory accusations, you to Ms. Blouin lied in her own affidavit or is actually acting badly in regard to help you BNYM. ” SAC Ex. B, at the step 3-5. These types of records, not, are not able to reveal that Ms. Blouin actually received otherwise had experience in such data files, especially simply because they just weren’t addressed so you can their own. As a result, plaintiff doesn’t county a claim having civil perjury; consequently, defendants’ actions try granted because esteem.