Consumer complaint received 2023-11-12
Company: Caneel Capital, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: Foreclosure

Complaint:
TRINITY FINANCIAL SERVICES , LLC, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX commenced a foreclosure lawsuit on XX/XX/XXXX, to foreclose on me and my wifes property located XXXX XXXX XXXX XXXX XXXX, Illinois. TRINITY FINANCIAL SERVICES , LLC, was assigned the mortgage from XXXX XXXX XXXX XXXX XX/XX/XXXX, per document XXXX XXXX recorded XX/XX/XXXX, but never sent any notice to us that this assignment had occurred. TRINITY FINANCIAL SERVICES , LLC never performed any of the servicing functions like introduction, notices, billing statements or account related updates breaching an assignees fiduciary duties and never creating a contractual agreement with the XXXX XXXX. 

We have since discovered that The Department is the XXXX of Pennsylvania 's administrative agency authorized and empowered to administer and enforce the Mortgage Licensing Act sued Trinity Financial Services , LLC after a review of the business practices of Trinity Financial Services , LLC ( " TFS '' ). Based on the results of its review, together with certain disclosures TFS has made to the Department, the Office believed that XXXX operated in violation of the Mortgage Licensing Act ( the " XXXX '' ), XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
The Mortgage Serv1cer licensing requirement found in Section 611 l ( a ) of the MLA became effective XX/XX/XXXX. TFS filed its application for License as a Mortgage Serv1cer on XX/XX/XXXX. TFS was servicing loans which TFS did not negotiate or originate at the time of servicing. By servicing mortgage loans which TFS did not negotiate or originate at the time of servicing, TFS acted as a mortgage servicer when it was not licensed to do so. 

The Affidavit of Amounts Due and Owing that carries a notarized signature by TLS XXXX XXXX XXXX filed in case XXXX XXXX XXXX falsely states, Lender acquired the servicing rights for the Defendants loan effective on XX/XX/XXXX from XXXX XXXX XXXX XXXX XXXX XXXX At the time of this transfer, the Defendants loan was in default. 

This notarized affidavit statement is contradictory to the XXXX XXXX XXXX of Deeds document # XXXX filed XX/XX/XXXX showing the Assignor as XXXX XXXX XXXX XXXX, not XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX executed on XX/XX/XXXX, not XX/XX/XXXX, proving that XXXX XXXX provided false evidence to the court. This clearly exposes that the TLS assignment was fraudulently executed because TLS was in violation of the MLA and was not a legitimate servicer in XXXX. 

TFS violated the MLA when it engaged m the business of a mortgage service while not licensed as a Mortgage Servicer 7 Pa CS 611 l ( a ) Claimant has reason to believe the TFS and XXXX XXXX XXXX XXXX XXXX XXXX are fraudulently conspiring to foreclose on Claimants home because servicer TFS did not negotiate or originate the loan and therefore, is not the owner-in-due course and lacks standing to foreclose. 
Basically, the court is complicitly allowing TFS through XXXX XXXX XXXX XXXX XXXX XXXXXXXX to steal property fraudulently because I am representing myself in the foreclosure case and have filed counterclaim case XXXX XXXX XXXX XXXX. My property has an estimated value of over {$400000.00} with all the remodeling Ive done, yet TFS is foreclosing with an Amounts Due and Owing stated principal amount of {$18000.00} and a gross amount of {$33000.00}. Claimants are not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument. 

TFS paid absolutely no consideration for my property, not one XXXX because TFS didnt negotiate or originate the loan and wasnt even a license mortgage lender at the time of the XXXX fraudulent assignment. Claimants believe the TFS through XXXX XXXX XXXX XXXX XXXX XXXXXXXX DO NOT have lawful Proof of Claim and there is no evidence to the contrary. This is Dishonor in commerce, Theft, Fraud, Conspiracy, and Racketeering and I am appealing to your office to intervene and stop this gross injustice causing my family unnecessary stress.

Company response to consumer: Closed with explanation