As the plaintiff isnt an authorities certified or worker, and since defendants failed to file encumbrances contrary to the disputed possessions as the retribution to own specialized governmental commitments, plaintiff usually do not condition 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 personal loans for bad credit Alabama 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. Get a hold of 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 particular claim, plaintiff connects a duplicate out of an excellent “statement regarding difficulty” page she delivered to the bank out-of The united states Home loans system and you can financing modification request setting one she taken to “BAC – Family Preservation Section – (People Representative)

Further, since root basis of this claim was defendants’ alleged ripoff in making and you will recording new allegedly “defective” documents, plaintiff have to meet the increased pleading requirements detail by detail into the Given. R. Civ. P. 9(b). As such, plaintiff’s allege goes wrong because of it extra reasoning. Defendants’ actions try for this reason supplied concerning plaintiff’s sixth allege.

Plaintiff alleges you to definitely Stacy Blouin, a member of staff of BNYM, lied in her affidavit from the testifying that she hadn’t obtained a request for a conference or 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. City. 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. 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, no matter if perjury was a cognizable civil claim, plaintiff has never alleged people points, past mere conclusory accusations, one Ms. Blouin lied in her affidavit or try pretending defectively when it comes so you can BNYM. ” SAC Ex lover. B, from the 3-5. These files, not, don’t show that Ms. Blouin indeed gotten or had knowledge of these types of documents, particularly because they weren’t addressed so you’re able to her. As such, plaintiff fails to county a declare to own civil perjury; correctly, defendants’ actions are offered in that respect.