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The trouble for the Kinneys intensified in 2004 when they refinanced their second mortgage with Beneficial Oregon to pay off an adjustable-rate mortgage that had an increasing interest rate. The first loan was paid off by the new one. In December 2016 the Kinneys received a notice that the loan had been transferred from Beneficial to MTGLQ Investors (a subsidiary of Goldman Sachs), but that they should continue to send payments to Beneficial as the servicer. The loan was evidently assigned from Beneficial Financial 1, Inc. (“BF1”), as successor through merger to Beneficial, to MTGLQ.

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The Kinneys then received paperwork from both entities for the next two months, each demanding payment, so the family sent a letter seeking to verify the new entity that was servicing the loan. In May 2017 the loan was sold again, this time to U.S. Bank Trust National Association (“U.S. Bank Trust”). It was then transferred to U.S. Bank Trust REO Trust. In May 2018, Clear Recon Corporation was appointed as successor trustee of the 2004 Deed of Trust and they initiated the process to foreclose on the Kinney’s home.

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