[CLBS] Can a DOT/Mortgage servicing company represent in Idaho a business entity which is not licensed to do business in Idaho so as to foreclose on a Deed of Trust?

[Catherine Dullea]

My recollection is that lending money is not a business that has to be
registered in Idaho, but that's an old recollection.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Jon Wilson
Sent: Wednesday, January 03, 2018 11:15 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Can a DOT/Mortgage servicing company represent in Idaho a
business entity which is not licensed to do business in Idaho so as to
foreclose on a Deed of Trust?

I have a call into the Department of Finance, but thought I would seek the
collective wisdom of our group.

 

My client's Idaho home is subject to 2 consensual liens, i.e., 1st DOT and
2nd DOT which was assigned to a LLC which is not licensed to do business in
Idaho.  This LLC retained Allied Servicing Corporation to service this 2nd
DOT and scheduled it for a foreclosure sale later this month.  The 1st DOT
is current.  The 2nd DOT has not been paid on since 3/2004 and is
delinquent.

 

Neither the LLC nor the servicing agent are licensed/registered  as a
business with the Secretary of State's office to conduct business in Idaho.

 

The payments due pursuant to the 2nd DOT are delinquent and the "owner" is
pursuing its "legal" right to foreclose on the residence (which would
require a payoff of the 1st DOT).

 

The Notice of Default was issued by an Idaho licensed attorney who practices
in Spokane, WA and that Notice of Default identifies that attorney as the
"Successor Trustee" on behalf of the LLC .

 

Is the scheduled foreclosure sale valid since neither the owner of the 2nd
DOT nor the Servicing Agent for the 2nd DOT are not licensed to do business
in Idaho?

 

Your assistance is appreciated.

 

Jon R. Wilson

Attorney at Law

 

Wilson Law Offices, P.C.

4614 W. Emerald St.

Boise, ID 83706

Tel. (208)343-8400

Fax (208)424-5006

Email:  jon at boiselaw.org <mailto:jon at boiselaw.org> 

 

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