Consumer complaint received 2019-08-13
Company: Quality Loan Service Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
This complaint is about a pretender Trustee claiming to have authority to act on behalf of the original lender and filing fraudulent substitution of trustee in county recorder office to make it look legitimate. When asked to produce real documents that authorize them, they refused to and has not when asked. It is the law and their responsibility that they are in possession of accurate and competent evidence before they can proccedd in any foreclosure proceeding. 

The law requires the presence of a specific legal person who possesses a claim based upon actual loss from nonpayment. 

Quality Loan Service Corp. ( QLSC ) who I had filed a complaint back in XXXX See ( COMPLAINT ID XXXX ) apparently tried to minimize their involvement in a foreclosure scheme. They claimed they are merely a " foreclosure '' Trustee conducting their " duty '' in taking Home Owner 's home due to default. They had alluded that it is the servicer who need to provide the correct accounting. However, QLSC was the party who recorded inaccurate information in the County records in two separate Notice of trustee Sales within 3 months and with a {$590000.00} price difference between the two notices. 
Since they halted and postponed the last Auction date. I waited for them to correct the records and expected them to reply, therefore I did not pursue further in the last complaint. However, so far nothing in response to that NOTICE OF ERROR I had sent to them on XX/XX/XXXX under USPS # XXXX XXXX XXXX XXXX XXXX XXXX. ACCORDING TO HOMEOWNER BILL OF RIGHTS. A NOTICE SHALL BE ACCURATE AND SUPPORTED BY COMPETENT AND RELIABLE EVIDENCE. NONE WAS PROVIDED. Therefore NEITHER TNOTICE OF TRUSTEE SALE recorded on XX/XX/XXXX nor XXXX XXXX, XXXX were supported with book accounting of those amounts and NOT in compliance with CALIFORNIA HOMEOWNER BILL OF RIGHTS which requires NOTICES SHALL BE ACCURATE AND SUPPORTED BY COMPETENT AND RELIABLE EVIDENCE. 
Worst of all. Upon checking with different local newspaper in my city/county, I could not find the required newspaper advertising of the sale. CCC section 2924f requires PROOF OF PUBLICATION. 
Despite many letters and inquiries previously about their legality as a so called substituted Trustee. What I have found out is that they can not be the valid trustee who has enforcement rights to my Deed of Trust. The substitution of Trustee recorded in the County record was fraudulent without enforcement rights or effect with missing attorney in fact. No demand for sale directly from the so called beneficiary was ever produced. After many requests, they still have not produce the " Beneficiary Statement and the beneficiarys instructions of default and demand for sale. There is no evidence such document exist as claimed by the Notice of Default. California Civil Code 2024 ( a ) ( 6 ) NO ENTITY SHALL RECORD OR CAUSE A NOTICE OF DEFAULT TO BE RECORDED OR OTHERWISE INITIATE THE FORECLOSURE PROCESS UNLESS IT IS THE HOLDER OF THE NENEFICIAL INTEREST UNDER THE MORTGAGE OR DEED OF TRUST. NO AGENT OF THE HOLDER OF THE BENEFICIAL INTEREST UNDER THE NORTGAGE OR DEED OF TRUST MAY RECORD A NOTICE OD DEFAULT OR OTHRERWISE COMMENCE THE FORECLOSURE PROCESS EXCEPT WHEN ACTING WITHIN THE SCOPE OF AUTHORITY DESIGNATED BY THE HOLDER OF THE BENEFICIAL INTEREST. 
I demanded a written authority of agency from the alleged holder of the beneficial interest or owner of the debt who paid value for the security. But despite multiple requests non were provided. 
QLSC is not the Trustee of my Deed of Trust, there is no factual document that give them that authority. 
QLSC did not provide me with the evidence that ANY Beneficiary actually wrote and declare any default and ordered the sale as they claim because my original lender was actually paid in full. I will need a Statement signed by an officer QLSC that the actual name of the so called Beneficiary and that they are in possession of the demand for sale for that beneficiary. 
Because of all the aforementioned discrepancies and non-compliant with the California Law. I believe the aggressive foreclosure endeavor from QLSC is intentional and malicious. I DEMAND THEM TO CANCEL THE FORECLOSURE ACTIONS PLANNED THIS XX/XX/XXXX unless they can provide me with evidence that they are the valid Trustee of my Deed of Trust, that they have written authority from the Beneficiary who paid value for the original loan and that they have complied with all current laws and requirement for their action. 
I am attaching the QWR AND NOTICE OF ERROR I had sent to them on XX/XX/XXXX and USPS tracking showed that it was delivered to their office before XXXX XXXX on XX/XX/XXXX Tracking USPS #  XXXX XXXX US. 
THEY NEED TO BE STOPPED UNLESS THEY CAN SHOW EVIDENCE OF DEBT OR ACTING ON BEHALF OF A DEBT OWNER WHO HAD PAID VALUE FOR THE ALLEGED LOAN.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation