[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?

[Rob Squire]

The activity is exempted from the requirement to register because it is not
considered "doing business" Idaho Code 30-21-505(a)7-8

On Jan 3, 2018 12:17 PM, "Jon Wilson" <jon at boiselaw.org> wrote:

> 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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