Consumer complaint received 2022-11-13
Company: WSFS FINANCIAL CORPORATION
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
My complaint is against an entity that claims to hold the right to enforce a XXXX mortgage deed of trust recorded against my home, a single family residence located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX, identified as Wilmington Savings Funds Society FSB D/B/A/ Christiana Trust, Trustee for XXXX and the servicer XXXX XXXX XXXX. In XXXX, XXXX filed an Assignment of Deed of Trust and a Notice of Default seeking to foreclose on my home claiming that the second mortgage was XXXX years in default. This second mortgage was a Home Equity Line of Credit ( HELOC ) that had been extinguished in XXXX through the Home Affordable Modification Program ( HAMP ) XXXX Lien Extinguishment Program ( 2MP ). The face loan amount of the XXXX mortgage was {$62000.00}. 
The XXXX mortgage was a XXXX Mortgage I purchased my home in XXXX of XXXX. By way of background the original owner and servicer of the HELOC loan in XXXX was XXXX until XXXX was seized by the FDIC in year XXXX. I received a letter in XXXX of XXXX from XXXX XXXX bank, stating that XXXX XXXX  was acquired by XXXX XXXX XXXX and my mortgage statements from that point on read as XXXX XXXX a XXXX XXXX XXXX XXXX XXXX XXXX. I continued to make my mortgage payments to XXXX XXXX a XXXX XXXX XXXXXXXX XXXX XXXX, until I was offered and accepted a complete extinguishment the XXXX mortgage in year XXXX by XXXX. 
I was informed that I qualified for the HAMP 2nd Lien Extinguishment Modification Program ( HAMP 2MP ) for the amount of {$62000.00} on the second mortgage, because I received a complete HAMP Modification on my first ( XXXX ) mortgage in year XXXX. I accepted the Offer of Extinguishment in year XXXX on the second mortgage and sent in all documentation that was requested. In XXXX XXXX XXXX confirmed that no further documentation was required from me. 

The XXXX became a XXXX mortgage for XXXX  years until XX/XX/XXXX when I received a NOD ( Notice of Default ) from XXXX XXXX XXXX as Trustee, the law firm representing XXXX XXXX XXXX at that time. I also received a NOS ( Notice of Sale ) in XXXX of XXXX from XXXX XXXX XXXX as Trustee demanding {$100000.00} dollars to bring the loan current. I retained legal Counsel in XXXX and through the court system a TRO and a Preliminary Injunction was granted to restrain the foreclosure sale of my home. During discovery, legal counsel became suspicious of the signature on the Assignment and was able to obtain an affidavit from the notary on the alleged Notice of Assignment of the Deed of Trust and discovered that the Assignment that was filed with the XXXX XXXX XXXX Recorders office by XXXX and/or its agents was fraudulent. The notary confirmed that she in fact did not notarize the Assignment. The signature on the Assignment was in fact not hers, and she did not sign that document. The notary signature on the Assignment was also compared to the notarys signature on file with the state of Georgia. This along with the notarys affidavit confirmed that the notary signature on the Assignment is fraudulent. It is my belief that XXXX has engaged in fraudulent conduct against the recordings against my homes title by creating fraudulent documents and back dating assignments to try and establish their right to the Deed of Trust in order to foreclose on properties, including mine. 
I am requesting assistance from your agency to investigate this conduct.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation