(Seattle) An attorney for Quality Loan Service has admitted in writing to slandering the title to property of Karen & Barry Nilsen of Tacoma, following receipt of a Motion for a Temporary Restraining Order from Seattle attorney Jill Smith, one of the frontrunner attorneys in quiet title actions in the state.
QLS Default Resolution Manager Daniel J. Goulding issued an email to Ms. Smith, stating: I have reviewed our file and would agree that the 10/8/10 sale needs to be cancelled. I say this based on the recorded Assignment having been executed prior to the recorded Substitution of Trustee. Because of this Quality has not been properly appointed and could not have properly issued the Notice of Sale.
The balance of the letter to Ms. Smith indicated that QLS wanted to work things out. There was a suit to quiet title filed in Pierce County Superior Court on behalf of the Nilsens.
On Thursday (09/30/2010), Smith says she went into court on another motion hearing and was handed a newly-reversed decision by the Washington State Court of Appeals, which reversed and remanded a summary judgment back to the Superior Court of King County for rehearing, citing lack of proof the lender actually owned the note they foreclosed on.