CRC
Posted on October 26, 2025
CLEAR RECON CORP. ( CRC ) Acting as a Trustee is null and void.
It’s a financial conflict of interest for Fred T. Winters to be the Foreclosure Trustee, as he is a partner with Douglas E. Miles, these are attorneys that work in the real estate industry and the Foreclosure Trustee must be unbias, and neutral party. Fred T. Winters is using falsified documentation to conduct these foreclosures which makes all of his foreclosures Null and Void. They are falisifying, forging documents, and foreclosing on fake loans. These Powers of Sale are INVALID.
In California, a foreclosure that is based on fraud can be deemed void, not merely voidable. This distinction is critical because a void foreclosure has no legal effect from the outset—it’s as if it never happened.
Common Issues Reported by Homeowners
Based on court cases and public records, homeowners have raised several recurring issues against CRC, often leading to quiet title actions to resolve clouds on property titles caused by allegedly invalid foreclosures. These issues typically stem from non-judicial foreclosure processes under state laws (e.g., Alaska Stat. § 34.20 or California Civil Code § 2924). Here’s a breakdown of key problems:
- Failure to Provide Proper Notices:
- Homeowners allege CRC proceeds with foreclosure sales without adequate notice of loan acceleration (a prerequisite under many deeds of trust) or rescheduled auction dates, especially after interruptions like bankruptcy stays. For instance, in one case, plaintiffs claimed no notice was given for a rescheduled sale post-bankruptcy, violating the deed of trust and state law, rendering the sale void. law.justia.com +1
- This can create a “cloud” on title, as the property transfer to a new owner (e.g., Fannie Mae) is disputed, prompting quiet title claims to affirm the homeowner’s ownership or invalidate the sale.
- Wrongful Foreclosure Allegations:
- Claims often include breach of contract against CRC and associated lenders for conducting sales without authority, such as when preconditions like proper default notices aren’t met. In multiple lawsuits, homeowners sought rescission of the sale and damages, arguing the foreclosure was unlawful due to procedural defects. casemine.com +2
- Related issues involve assertions that assignments of the deed of trust to CRC were fraudulent or void, exempting homeowners from tendering the full debt to pursue quiet title. casemine.com +1
- Quiet Title and Cloud Removal:
- Many suits seek to quiet title by declaring the foreclosure invalid and removing any adverse claims by CRC or buyers. Plaintiffs often remain in possession of the property and argue superior title due to the defects. Courts have sometimes allowed these claims to proceed if substantial issues (e.g., lack of notice) are plausibly alleged, though tender of the mortgage debt is typically required unless exceptions apply (e.g., fraud). case-law.vlex.com +2
- RESPA Violations (Indirectly Involving CRC):
- While not always directly against CRC, associated claims under the Real Estate Settlement Procedures Act (RESPA) involve failures by servicers to respond to qualified written requests for information post-foreclosure. This can compound title issues if it prevents homeowners from verifying the validity of the process. law.justia.com +1
- Other Complaints:
- Broader allegations include unlawful foreclosures, with some public discussions highlighting patterns of procedural non-compliance. facebook.com Issues like habitability or nuisance from post-foreclosure actions (e.g., property maintenance violations) have also been raised in advice forums. avvo.com
Notable Cases
| Case Name | Jurisdiction | Key Issues | Outcome Summary |
|---|---|---|---|
| Kelly et al v. Clear Recon Corp (2019) | U.S. District Court, Alaska | Lack of notice for acceleration and rescheduled sale; quiet title; breach of contract; RESPA violation. | Motion to dismiss denied for quiet title and some breach claims; granted (with leave to amend) for others like RESPA damages and rescheduled notice breach. law.justia.com +1 |
| Nguyen et al v. Clear Recon Corp (2025) | U.S. District Court, Washington | Void foreclosure sale; quiet title. | Plaintiffs argued success on claims due to void sale; court addressed likelihood of success but specific ruling details limited in summaries. law.justia.com |
| Jackson v. Clear Recon Corp (2015) | U.S. District Court, E.D. California | Breach of contract; wrongful foreclosure; quiet title; declaratory relief. | Focused on contract breaches in foreclosure process. casemine.com |
| Gilbert v. Clear Recon Corp (2024) | U.S. District Court, E.D. California | Quiet title without tender due to alleged fraud/void assignment. | Court emphasized tender requirement but noted exceptions; case ongoing or dismissed on tender grounds. casemine.com +1 |
Ongoing and related cases
https://law.justia.com/cases/federal/district-courts/california/candce/3:2023cv06335/421949/43
https://law.justia.com/cases/federal/district-courts/california/caedce/2:2024cv02308/451915/57
Recommendations
If you’re a homeowner facing similar issues (e.g., a cloud on title from a CRC-handled foreclosure), a quiet title action may be appropriate to resolve disputes. Consult an attorney specializing in real estate or foreclosure defense, as requirements vary by state (e.g., tender rules in California). Public resources like court dockets or legal aid organizations like AAF can provide more case-specific details.
This summary is for informational purposes only and not legal advice.