Consumer complaint received 2024-10-02
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: SUN WEST MORTGAGE COMPANY, INC. (OR)

XXXX. SUN WEST MORTGAGE COMPANY INC, XXXX XXXX XXXX and XXXX XXXX XXXX, employees and agents all are engaged in an unlawful foreclosure scheme with the intent to deceive and defraud. 

XXXX. The named parties are actors in a conspiracy in the creation of a fraudulent Trust Deed and Mortgage Contract, in addition to actions leading to a non-judicial and unlawful Trustee foreclosure sale. 

XXXX. The said parties have failed to provide evidence that any requisite consideration has ever been provided in the form of a True and Actual loan necessary to require repayment. 

XXXX. The said parties have failed to provide evidence that the original and complete Deed of Trust and Note are currently joined, and have not been separated ; also that they bear wet ink signatures. 

XXXX. The said parties have recorded with the XXXX XXXX Clerk ( State of Oregon ) a fraudulent Notice of Default, and other documents related to a fraudulent non-judicial foreclosure sale. 

XXXX. After the said parties received the Grantor Deed noticing the property had been conveyed from beneficiary of ALL NATURES TRUST, as well as receiving a Legal Notice Regarding a Security Instrument, and a Legal Notice of [ R ] escission, the said parties failed to respond to provide evidence of injury or damage within the allotted 20 days, as set forth in the [ R ] escission. 

XXXX. The said parties have willfully ignored the [ R ] escission that lawfully enables ALL NATURES TRUST to be the owner as set forth under the Congressionally enacted XXXX XXXX XXXX. Despite the lawful notices received by the said parties, all have acted in complicity with regard to moving toward a fraudulent non-judicial foreclosure sale on property lawfully owned by the ALL NATURE TRUST. 

XXXX. The said parties have willfully ignored and have failed to respond within the allotted XXXX days to XXXX separate DEMANDS TO CEASE AND DESIST addressing the foreclosure. At the time and place appointed for the XX/XX/2024 foreclosure sale, XXXX XXXX XXXX ( Trustee ) or agent for the Trustee, announced that the foreclosure sale had been postponed to XX/XX/2024. At the time and place appointed for the XX/XX/2024 foreclosure sale, a XXXX XXXX announced that the foreclosure sale had been postponed to XX/XX/2024. In the XXXX  XXXX statement, she identified the trustee as being XXXX XXXX as The current Trustee, when in fact, XXXX XXXX was the former Trustee associated with XXXX Law, who is no longer the Trustee having withdrawn in XX/XX/2024, being replaced by XXXX XXXX XXXX as named in a XXXX XXXX recorded document titled APPOINTMENT OF SUCCESSOR TRUSTEE, with the recorded date XX/XX/2024. 

XXXX. This is in addition to the fact, that the XX/XX/2024 foreclosure sale date was not set by The True and Actual Trustee, as is the case with the XX/XX/2024 and XX/XX/2024 foreclosure sale dates. As a True and Actual Trustee Notice of Sale has never been published, due to the fact that XXXX XXXX XXXX was the True and Actual Trustee at the time of publishing, however, the XXXX XXXX Notice listed XXXX XXXX of XXXX Law as the Trustee. 

XXXX. I affirm that I posses both video and audio record, along with the testimony of XXXX ( XXXX ) witnesses documenting that a Notice of Postponement has been issued, stating the foreclosure sale is set for XX/XX/2024, and is being conducted by XXXX XXXX. When in fact, the beneficiary was notified by XXXX XXXX XXXX firm XXXX XXXX on XX/XX/2024, that XXXX XXXX was no longer the foreclosing Trustee. 

XXXX. SUN WEST MORTGAGE COMPANY INC, principals and agents have participated in a fraudulent publishing of a Legal Public Notice titled Trustee Notice of Sale, by allowing a false Legal Public Notice to be published XX/XX/XXXX through XX/XX/2024, naming attorney XXXX XXXX of XXXX XXXX as the foreclosing Trustee. This is in despite of the recorded document title APPOINTMENT OF SUCCESSOR TRUSTEE recorded on XX/XX/2024 with the XXXX XXXX XXXX, naming XXXX XXXX XXXX as the Successor Trustee. Thus, this is in direct contravention of relevant Oregon State Statues regarding a non-judicial Trustee Notice of Sale. 

XXXX. SUN WEST MORTGAGE COMPANY INC and its agents are further making evident their malfeasance by proceeding forth, ignoring the fact that the Oregon Division of Financial Regulation is currently conducting an investigation into the fraud being perpetrated as previously addressed. It is also worth noting, that it is a fact of public record, SUN WEST MORTGAGE COMPANY INC has been sued many times for its alleged failures and improprieties. 

XXXX. As addressed above, XXXX XXXX XXXX continues to posture that their actions are predicated upon a True and Actual Legal Public Notice, when they published no such Notice, even though they were the Trustee at the time when the erroneous and defective notice was published, being prepared by the former Trustee XXXX XXXX of XXXX XXXX. Again, in the proclamation made by the Sheriff Deputy on XX/XX/2024, on the XXXX XXXX XXXX steps establishing the next sale date to be XX/XX/2024, XXXX XXXX of XXXX XXXX was proclaimed to be the Trustee. Since he ceased to be the Trustee per notice dated XX/XX/2024, he has no authority, and can not be the trustee to reset a sale date. Therefore the proclamation made the by the Sheriff Deputy is without merit, as XXXX XXXX XXXX was not stated to be the acting Trustee. If XXXX XXXX XXXX moves to convene the foreclosure sale set for XX/XX/2024, for this and previous contract fraud, including the creation of a fraudulent security instrument, they have no lawful basis to do so, as any sale is completely void of any lawful Public Notice, etc. 

XXXX. SUN WEST MORTGAGE COMPANY INC, XXXX XXXX XXXX, XXXX XXXX XXXX have willfully ignored all demands to : XXXX. Move to rescind/vacate any and all Notices of Default. 

XXXX. Move to rescind any and all liens or encumbrances. 

XXXX. Return all monies paid by the Beneficiary to SUN WEST MORTGAGE COMPANY INC, forthwith, without delay as per the [ R ] escission. 

XXXX. Cease and Desist any and all actions towards foreclosure, harassment, and Trespasses on the ALL NATURES TRUST, its property, and the Beneficiary. 

XXXX. Act to rescind all negative reporting to credit bureaus and agencies regarding the credit status of the Beneficiary. 

XXXX. Cease and Desist all violations of the Fair Debt Collections Practices Act ( FDCPA ) for attempting to collect a non-owed debt through deceptive means. Pursuant to the XXXX XXXX XXXX 's ( UCC ). 

XXXX. SUN WEST MORTGAGE COMPANY INC and its agents have rejected, refused and returned payment that would have brought the account current according to the mandates of SUN WEST MORTGAGE COMPANY INC, displaying a bent to unjustly take possession of the said property. 

Relevant documents can be provided upon request.