Because plaintiff is not a government official otherwise worker, and because defendants failed to document encumbrances resistant to the debated possessions since retribution to own certified governmental requirements, plaintiff cannot county a legal allege to own 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 cash advances in Alabama 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.

To get her allege, plaintiff connects a duplicate out of an effective “report from adversity” letter she taken to the bank from The united states Mortgage brokers system and you will a loan amendment consult setting you to she provided for “BAC – Family Preservation Department – (People Agent)

Then, given that fundamental base on the allege are defendants’ so-called fraud in making and recording the brand new allegedly “defective” documents, plaintiff must meet with the increased pleading standards detailed from inside the Fed. R. Civ. P. 9(b). As such, plaintiff’s claim goes wrong for it extra reasoning. Defendants’ actions is ergo granted concerning plaintiff’s sixth allege.

Plaintiff alleges that Stacy Blouin, an employee out of BNYM, lied in her affidavit of the testifying one she had not obtained a request 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. Location. 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 Techs., 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.

2nd, in the event perjury try a great cognizable civil allege, plaintiff hasn’t so-called people activities, past simple conclusory allegations, that Ms. Blouin lied within her affidavit otherwise try pretending improperly when it comes to help you BNYM. ” SAC Ex lover. B, in the step 3-5. These types of files, not, fail to demonstrate that Ms. Blouin in fact obtained otherwise got experience in these files, especially simply because they just weren’t addressed in order to her. As a result, plaintiff doesn’t state a state to have civil perjury; correctly, defendants’ actions are provided in this regard.