Consumer complaint received 2025-02-04 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Aldridge Pite, LLP
State: WA

Complaint narrative:
LEGAL NOTICE - QWR ________________________________________________________________________________________________________ XXXXXXXX XXXX XXXX  Attention : Loss Mitigation Department XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Date of Notice : XX/XX/XXXX Notice to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Service by : Certified Mail Number : XXXX XXXX XXXX XXXX XXXX XXXX Re : Contesting the Trustee Sale of Property Request for Invalidity of Sale Property Address previously known as : XXXX XXXX XXXX XXXX, XXXX, WA XXXX Trustee Sale XXXX XXXX  on XX/XX/XXXX in XXXX XXXX, Washington ( XXXX XXXX ), DISCONTINUED Trustee Sale # XXXX, XXXX # XXXX, alleged Loan No : XXXX. 

Dear Trustee, and Loss Mitigation Department, The trustee has violated their duty under RCW61.24. This letter constitutes a legal request for the validation of the alleged violations referenced herein, pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, and the Washington State Collection Agency Act, RCW 19.16.250, and our complaint for relief pursuant to RCW31.04.093, RCW31.04.165, RCW 61.24.130, RCW 31.04.145. Pursuant to Washington States Mortgage Broker Practices Act ( RCW 19.146 ) and Consumer Loan Act ( RCW 31.04 ), Trustee and servicer are ordered to Cease and Desist of unlawful eviction and Trustee Sale on XX/XX/XXXX ( Ex A, B ). 
We are writing to formally contest the Trustee Sale conducted on XX/XX/XXXX for the property previously known as : XXXX XXXX XXXX XXXX, XXXX, WA XXXX, under Trustee Sale XXXX XXXX, and DISCONTINUED Trustee Sale # XXXX. This sale was carried out in violation of both Washington State law and federal law, and we assert that it is invalid for several key reasons. 
1. Failure to Provide Proper Notice ( RCW 61.24.040 ) Under RCW 61.24.040, the XXXX XXXX XXXX XXXX is required to provide proper notice to the Grantor XXXX XXXX, including certified mail and first-class mail at least 20 days prior to the sale. XXXX XXXX XXXX and XXXX XXXX XXXX  failed to provide certified notice to the Grantor XXXX XXXX, which is a direct violation of Washington State law and undermines the validity of the sale. Failure to comply with these mandatory notice requirements is a critical defect, rendering the sale voidable. 
RCW 61.24.040 requires notice to the Grantor XXXX XXXX and not to any other party. The improper notification to a third party, without notice to Grantor XXXX XXXX, exacerbates the violation. 
XXXX XXXX XXXX ( Ex A ) states ; the Trustee caused a copy of said Notice of Trustee 's Sale to be published once between the thirty-fifth and twenty-eighth day before the date of sale, and once between the fourteenth and seventh day before the date of sale in a legal newspaper in each county in which the property or any part thereof is situated : and further, included in this Notice, which was transmitted to or served upon the Grantor or his successor in interest. Trustee failed to provide the Grantor copies of said legal newspaper add. 
2. XXXX XXXX XXXX Acting as the Grantor It has come to our attention that XXXX XXXX XXXX has acted in fraud by effectively acting as the Grantor in this matter, rather than merely serving as the Trustee ( See Ex A ). As a Trustee, XXXX XXXX XXXX  is not authorized to assume the role of the Grantor, which is a clear violation of Trustee duties under RCW 61.24.030. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. 
As a result, XXXX XXXX XXXX actions have rendered the sale illegitimate and in violation of Trustee duties, pursuant to Washington State foreclosure laws, and established contractual obligations outlined in the original Deed of Trust. 
3. Failure to Provide enough time Pursuant to RCW61.24.030 ( 8 ) The property described in ( a ) of this subsection may be sold at public auction at a date no less than 150 days in the future if the borrower received a Notice of defaultletter under RCW61.24.031. The date of Notice of Trustee 's Sale is XX/XX/XXXX and the date of sale is XX/XX/XXXX. Trustee only allowed 135 days, not the required 150 days. 
4. Lack of Identification under RCW 61.24.031 XXXX XXXX XXXX ( Ex A ) states ; the Trustee then and there sold at public auction to said Grantee, the highest bidder. Under RCW 61.24.031, the Trustees Deed fails to explicitly identify who the Grantee, the highest bidder is. According to the auctioneer there was no bidder online or present at the XXXX that day, so who is the bidder? 6.1 Provide legal documentation of the Bidder and how they meet all bidding qualifications of cash payment. 6.2 Provide the Trustee Certificate of Sale Receipt. 6.3 Pursuant to RCW provide who is the Offeror and the Offeree in this Auction. 
5. Lack of Identification under RCW 61.24.031The Trustees actions are fraudulent and recorded fraudulent documentation which is a state and federal violation. Under RCW 61.24.031, an entity must be clearly identified in foreclosure proceedings. The Trustees Notice of Default, and Notice of Trustee Sale, and Deed explicitly defines XXXX, AS HIS SEPARATE ESTATE, as Grantor. Then states that XXXX XXXX is Grantor. Which is it for both those entities are not legally the same. Provide Legal documentation who is XXXX, AS HIS SEPARATE ESTATE. 
Furthermore, the Trustees Deed identifies the Grantor as XXXX XXXX XXXX, which is a clear violation of Trustee duties under RCW 61.24.030. The Trustees role should be limited to overseeing the sale of the property on behalf of the true beneficiary. We demand that you provide documentation proving the legal status and authority of XXXX, AS HIS SEPARATE ESTATE versus XXXX XXXX XXXX as Grantor. 

We also demand that you provide documentation proving the legal status and authority of XXXX XXXX  XXXX as the authorized agent. Under RCW 61.24.005 the designation of an authorized agent should be clearly documented, and the relationship of such an agent must be properly established. 

6. Provide additional Information required per law Provide evidence of Trustee recording under RCW61.24.010 ( 2 ) Only upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee. Also, according to RCW 61.24.030 ( 2 ) and RCW 61.24.005, the Trustee must have clear authority and title to foreclose. 
Is this foreclosure referencing a trust? If so, please provide the following details : Who is the Grantor? 
Who is the first Trustee and second Trustee, and provide their addresses and direct contact information. 
If this is regarding a debt owed, who is the XXXX XXXX at this time? 
Who is the guarantor at this time? 
7. Federal Violations : RESPA, FDCPA, and HAMP In addition to violations under Washington State law, this sale also appears to be in violation of federal law. 
7.A Violation of RESPA ( Real Estate Settlement Procedures Act ) Under RESPA ( 12 U.S.C. 2605 ), XXXX XXXX  XXXX as servicers are required to provide accurate and timely information to homeowners regarding their mortgage status, including servicing transfers and foreclosure proceedings. Failure to disclose material facts such as changes in loan servicers or foreclosure information constitutes a violation of RESPA. If XXXX XXXX failed to properly inform us of the foreclosure and related matters, the sale would be deemed invalid under RESPA. 
7.B. Violation of FDCPA ( Fair Debt Collection Practices Act ) The FDCPA ( 15 U.S.C. 1692 ) governs debt collection practices, including actions related to foreclosure. CleaXXXX XXXX XXXX acted in ways that involved misleading communications, unfair practices, or failing to adhere to lawful procedures, that constitutes a violation of the FDCPA. Specifically, misrepresentation of the foreclosure process, or taking actions without proper notice, would lead to FDCPA violations. 
7.C. Violation of HAMP ( Home Affordable Modification Program ) If the alleged loan was eligible for HAMP or any federal loan modification program, the servicer ( and Trustee ) must comply with federal guidelines and offer a loan modification or other alternatives before proceeding with a foreclosure. If CleXXXX XXXX XXXX or XXXX XXXX  XXXX failed to properly assess eligibility for such programs, would violate federal law. 
8. Potential Violations of Washington State and Federal Law Unfair or Deceptive Practices : The Washington Consumer Protection Act under RCW 19.86.020 and the Fair Debt Collection Practices Act ( FDCPA ) under 15 U.S.C. 1692e prohibit unfair practices. We request an examination of your deceptive foreclosure practices. 
The content and delivery of your Notice raise concerns regarding potential violations of both Washington State and federal law, including but not limited to : Identity Theft ( RCW 9.35.020 ) : If the information provided in the Notice is not accurate or is used to unlawfully threaten foreclosure, this may constitute identity theft. 
Fraud ( RCW 9A.60.030 and 18 U.S. Code 1341 - Frauds and Swindles ) : Any intentional misrepresentation of material facts related to the loan or foreclosure process constitutes fraud. Federal law states that whoever devises or intends to devise any scheme to defraud or for obtaining money or property by false or fraudulent pretenses, representations, or promises, and uses the Postal Service or any interstate carrier in furtherance of such scheme, shall be fined or imprisoned up to 20 years, or both. 
Extortion ( RCW 9A.56.110 ) : Any threats to unlawfully take or withhold property or perform any act intended to harm another persons financial condition or reputation may constitute extortion. 
Falsification of Documents ( RCW 9A.60.020 and 18 U.S. Code 472 - Uttering Counterfeit Obligations or Securities ) : If any part of the Notice contains falsified information or documents, this would be a violation of Washington State law and federal law, which prohibits the uttering of counterfeit obligations or securities. 
Conspiracy Against Rights ( 18 U.S. Code 241 ) : If there is a conspiracy to infringe upon our rights under the guise of this Notice, it could be a federal offense punishable by fines or imprisonment. 
Misappropriation and Conversion of Private Property ( RCW 9A.56.020 and 18 U.S. Code 654 ) : Any unauthorized use or conversion of our private property or information for unlawful purposes constitutes a violation of state and federal law. 
9. Request for Judicial Review Given the violations of state law and federal law, we demand an immediate judicial review of this sale. As RCW 61.24.130 allows for the sale to be contested on these grounds, I request a review of the entire foreclosure process to determine whether it was conducted lawfully under both Washington State law and federal law. If the proper procedures were not followed, we request that the sale be rescinded immediately. 
10. Request for Full Accounting and Mediation Pursuant to RCW61.24.030 ( 8 ) ( e ) An itemized account of all other specific charges, costs, or fees that the borrower, grantor, or any guarantor is or may be obliged to pay to reinstate the deed of trust before the recording of the notice of sale ; ( f ) A statement showing the total of ( d ) and ( e ) of this subsection, designated clearly and conspicuously as the amount necessary to reinstate the note and deed of trust before the recording of the notice of sale. This was not provided in the Notice of Default and Notice of Trustee Sale. 
Therefore we formally request a full accounting of all amounts due on the alleged loan. We believe there are significant discrepancies in the debt calculation, and we question the accuracy of the amounts owed. Under HAMP and other federal laws, I also request that this matter be referred for mediation to explore possible remedies and options to avoid further harm. 
11. Legal Action for Invalidating the Sale If XXXX XXXX XXXX and XXXXXXXX XXXX XXXX fail to honor this request and are found to have engaged in deceptive or fraudulent practices, we will pursue all legal and administrative remedies. This includes seeking treble damages and legal fees under RCW 19.86.090 for consumer protection violations. 
If the issue remains unresolved within 20 days, we will file a court complaint to challenge the alleged loan, collection, and sale, prevent wrongful title transfer, and seek damages for violations of our rights. 
Conclusion This sale was improperly conducted and violated both state and federal law. We demand that XXXX XXXX XXXX immediately review the actions taken in this matter and take corrective steps and rescind the fraudulent sale. We further request that the appropriate accounting records be provided, and that mediation be pursued under both state and federal law. 
Please respond in writing per State law within 20 days from the date of this letter to confirm your actions to remedy this situation. 
This letter constitutes our effort to resolve these false claims referenced by XXXX XXXX XXXX and XXXX XXXX  XXXX. No further action shall proceed until the requested documentation and evidence are provided and verified. This letter is not an admittance of debt, nor a full statement of facts, nor a waiver of any rights or remedies available under the law or equity, all of which are expressly reserved. 

Thank you for your attention to this matter. We look forward to your prompt response. 

Sincerely, GRANTOR XXXX XXXX Enclosures : Ex A, B, C CC : WA XXXX, CFPB, IRS, WA AG, WA XXXX, WA DOR, WA XXXX

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