Consumer complaint received 2022-03-12
Company: WSFS FINANCIAL CORPORATION
State: IL
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
Consider this complaint against Wilmington savings fund society Trustee of XXXX trust owner XXXX XXXX XXXX can not be contacted by address on assignment Dated XX/XX/XXXX on assignment XXXX XXXX XXXX as XXXX of XXXX XXXX. XXXX for XXXX XXXX was revoked inactive at time, loan was administered by XXXX Owner XXXX XXXX different companies, This makes loan split between companies as XXXX solutions sold loan with document as proof dated XX/XX/XXXX This Account has been placed from XXXX  XXXX XXXX Which is fraud assignment as loan can not be sold to same company twice. XXXX  XXXX XXXX did not own loan in XXXX. XXXX solution continued to service loan for more than 13 months. At No point when loan disappeared XX/XX/XXXX to today has a default letter been sent. XXXX is in breach of contract as of XX/XX/XXXX as notice of sale was not sent to trustee of chapter XXXX. XXXX XXXX Placed a lien XX/XX/XXXX placing themselves as nominee of their own trust XXXX savings and fund society corrected lien on XX/XX/XXXX. As trustee of XXXX trust all failures must come from WSFS. XXXX XXXX  had an inactive LLC at time of purchase, XXXX trust is not licensed XXXX in the state of Illinois WSFS is engaged in association violating 205 ILCS 635/1-3 as trustee ( 205 ILCS 635/1-3 ) ( from Ch. 17, par. 2321-3 ) Sec. 1-3. Necessity for license ; scope of Act. 
( a ) No person, partnership, association, corporation or other entity shall engage in the business of brokering, funding, originating, servicing or purchasing of residential mortgage loans without first obtaining a license from the Secretary in accordance with the licensing procedure provided in this Article I and such regulations as may be promulgated by the Secretary. 
Sec. 1-28. Certificate of registration ; Department of Financial and Professional Regulation. This Section applies only to a limited liability company that intends to provide, or does provide, professional services that require the individuals engaged in the profession to be licensed by the Department of Financial and Professional Regulation. A limited liability company covered by this Section shall not open, operate, or maintain an establishment for any of the purposes for which a limited liability company may be organized under this Act without obtaining a certificate of registration from the Department pursuant to the Professional Limited Liability Company Act. 
XXXX XXXX transfer Allowed XXXXXXXX XXXX XXXX service loan as of XX/XX/XXXX notifying me on XXXX of XXXX. XXXXXXXX XXXX XXXX by correspondence was requested to provide a clear copy of assignment Allonge or endorsement and note loan is missing no change in assignment in MERS no documents of assignment from veripro solutions is not unreasonable. First assignment sent was a copy of countrywide lien from MERS Requesting same information from XXXX, Third response was an assignment of mortgage for XXXX XXXX and a note for my first mortgage. Raising questions of their rights to service loan. I sent letter explaining what they had sent and received a photo copy of exact same information. Tracing loan back and requesting information through CFPB document Dated XX/XX/XXXX was not included. XXXX  XXXX XXXX has document now to verify fraud as they didnt own loan at time. This is the document used to sell to XXXX trust and makes sale faulty For assignment. 
This is a balloon end mortgage and has been concealed from myself from XX/XX/XXXX until XX/XX/XXXX for what reason. 
( 735 ILCS 5/13-215 ) ( from Ch. 110, par. 13-215 ) Sec. 13-215. Fraudulent concealment. If a person liable to an action fraudulently conceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within 5 years after the person entitled to bring the same discovers that he or she has such cause of action, and not afterwards. 
Now 815 ILS 137 ( 815 ILCS 137/25 ) Sec. 25. Good faith dealings ; fraudulent or deceptive practices. A lender must act in good faith in all relations with a borrower, including but not limited to, transferring, dealing in, offering, or making a high risk home loan. 
No lender shall employ fraudulent or deceptive acts or practices in the making of a high risk home loan, including deceptive marketing and sales efforts. 
I have received nothing but deceit from Planet Home lending information must come from XXXX Trust as trustee after the fact and continuing during your trust, I received a copy of Note XX/XX/XXXX and questioned it authenticity as original, as of today 4 months later I have not received confirmation if document is original. I am requesting WSFS to confirm document is original and can be confirmed by Title Company as legal for refinance. Four months is way too long for verification. 
Now its 10 months and I have stressed my concerns that if I refinance loan and true owner come forth I would be expected to pay. This is not good faith from any of the companies involved in this loan.

( 815 ILCS 137/153 ) Sec. 153. Reporting of violations. The Office and the Department must report to the Attorney General all violations of this Act of which they become aware.

( Source : P.A. 93-561, eff. 1-1-04. ) ( 815 ILCS 137/5 ) Sec. 5. Purpose and construction. The purpose of this Act is to protect borrowers who enter into high risk home loans from abuse that occurs in the credit marketplace when creditors and brokers are not sufficiently regulated in Illinois. This Act is to be construed as a borrower protection statute for all purposes. This Act shall be liberally construed to effectuate its purpose. 
I am in the process of reporting XXXX solutions and XXXX XXXX XXXX. I will file against trust with office of AG for WSFS as trustee of violation, ( 815 ILCS 137/135 ) Sec. 135. Remedies, enforcement, and limitations of liability.

( a ) The remedies provided in t

his Act are cumulative and apply to persons or entities subject to this Act. ( b ) Any knowing violation of this Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. 
( c ) If any provision of an agreement for a high risk home loan violates this Act, then that provision is unenforceable against the borrower.

( d ) ( 1 ) Any natural or artificial person who purchases or otherwise is assigned or subsequently holds a high risk home loan shall be subject to all affirmative claims and defenses with respect to the loan that the borrower could assert against the lender or broker of the loan, provided that this item ( d ) ( 1 ) shall not apply if the purchaser, assignee or holder demonstrates by a preponderance of the evidence that it : ( A ) has in place, at the time of the purchase, assignment or transfer of the loans, policies that expressly prohibit its purchase, acceptance of assignment or holding of any high risk home loans ; The fraudulent assignment from XXXX XXXX, Breach of contract no notice of sale to trustee in XXXX, documents sent not pertaining to loan, stalling in sending documents, Planet Home lending has still not responded to complaint CFPB date XX/XX/XXXX even after 15 day extension. I expect answer of authenticity to copy of note. First found document was found by XXXX XXXX XX/XX/XXXX by lien filed XXXX trust did not respond to correspondence at that time and can not be found for complaint from any agency, raising the legit of existence. I am requesting mediation in this matter. In Illinois a mortgage loan will default after 90 days lender will send letter of default XXXX solutions is the default cant pay a loan you cant find or receive statements on and has not been reported to agencies to find. I am requesting all documents from XX/XX/XXXX to XX/XX/XXXX should not be hard there are not many.

Company response to consumer: Closed with explanation