Consumer complaint received 2021-01-22
Company: Ghidotti | Berger LLP
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
Unlawful debt collection : Trustee sale is void Plaintiff : XXXX XXXX doing business as XXXX XXXX XXXX, AN UNMARRIED MAN XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXXXXXX XXXX FUND TWO, LP XXXX XXXX XXXX personally XXXX XXXX XXXX XXXX XXXX XXXX XXXX personally XXXX XXXX  XXXX personally XXXX XXXX XXXX NA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Acct XXXX XXXX BANK, NA XX/XX/XXXX Prestige Default Services recorded an unlawful Substitution of Trustee in the XXXX XXXX County Recorder intstrument # XXXX for an unlawful debt that was past the statute of limitations in California XXXX 5 years ) as of XX/XX/XXXX. The last payment became overdue on XX/XX/XXXX. The first Notice of Default accelerated the funds which all became due recorded on XX/XX/XXXX. 
XX/XX/XXXX Prestige Default Services on the same day recorded an unlawful Notice of Default instrument # XXXX Disregarded the 30 day period and disregarded the strict policy whereby this 3 'd party debt collector must attempt to contact homeowner. 
XX/XX/XXXX Prestige Default Services records Notice of Trustee Sale instrument # XXXX XX/XX/XXXX Defendant receives Affidavit of Fraud and Notice of Rescission of Signature, with Revocation of Deed of Trust and Revocation of Powers of Attorney XX/XX/XXXX Prestige Default Services sells Plaintiff 's property to XXXX XXXX XXXX XXXX  TWO, LP where XXXX XXXX participated in an unlawful auction that took place after 5:00 pm, wherein the signature had been rescinded from the deed of trust so it was void. You can not give somebody something you do not have. 
On the date when the transaction took place, PRESTIGE DEFAULT SERVICES, LLC was NOT REGISTERED TO DO BUSINESS IN THE STATE OF CALIFORNIA XXXX XXXX had the ability to know, so therefore he did know that the signature had been rescinded so he is complicit in an act of fraud and conversion and XXXX XX/XX/XXXX XXXX XXXX records a void Trustee 's Deed instrument # XXXX XX/XX/XXXX XXXX XXXX files Unlawful Detainer XXXX XXXX Superior court Case # XXXX and XXXX Plaintiff sent verified written communications more than six occasions with proof of service asking defendants for 1 ) a copy of the book-entries so the Plaintiff could make sure that the one who funded the loan is the one who gets paid back, and 2 ) proof that the so-called beneficiary was in possession of the original note and received no response. 
Defendants received the Affidavit of Fraud and did not rebut it at all, whatsoever. 
They also received a Notice of Default with Opportunity to Cure with no regard. 
The sale is void because a ) the signature was rescinded as no TILA was given, b ) an unlawful auction took place after business hours, and c ) no consideration was given to fund the so-called loan in the first place. Deed of Trust is void. Plaintiff does not believe that any evidence to the contrary exists. 
In California, these predators make millions of dollars because of the non-judicial " scheme '' which means there is no tolerance for those who use an unlawful process.

Company response to consumer: Closed with explanation