Consumer complaint received 2020-08-03
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: WSFS FINANCIAL CORPORATION (FL)

This complaint is related to another one, filed by my husband, XXXX XXXX ( Complaint No. XXXX ). I had to file this complaint due to a certain correspondence received from XXXX XXXX XXXX XXXX XXXX ( XXXX ), arguing that it is not authorized to discuss any issues of " my loan '' with XXXX XXXX. 

Since XXXX up to date, Ive been the victim of fraud, forgery, deceptive acts, and unlawful acts perpetrated by XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX ), Christiana Trust , a division of Wilmington Savings Funds Society , not in its individual capacity but as Trustee of XXXX XXXX XXXX ( Christiana Trust ), and XXXX XXXX XXXX ( XXXX ) ; lately XXXX  looks to have been added to the scheme. 
There is clear and convincing evidence that Ive been the victim of a conspiracy in the nature of a corrupt racketeering enterprise ( XXXX ),  and white-collar crime formed by the association of these corporations ( hereinafter the " ENTERPRISE '' ). 

On XX/XX/XXXX, my husband and I bought the real property located at XXXX XXXX XXXX XXXX FL XXXX ( the Subject Property ). 

A certain mortgage ( hereinafter the Mortgage ) was registered in XXXX County Public Records, book XXXX, Page XXXX, purposely encumbering the Subject Property. On XX/XX/XXXX, we filed a declaratory judgment complaint in XXXX County Court, under case number XXXX, seeking to declare the Mortgage void, null, and unenforceable ; attorney XXXX XXXX from Florida was representing us. On XX/XX/XXXX, the state court entered Final Default Judgment in our favor ; however, a few days later Christiana Trust appealed the decision and filed a motion ( CT-Motion ) to vacate the final judgment. The motion attached a copy of certain affidavit executed by a XXXX employee, asserting that I had executed the Mortgage and a certain promissory note described therein. The XXXX   affidavit annexed a copy of the purported promissory note ( the XXXX   Note ) and a copy of the Mortgage. Copy of the CT-Motion and XXXX   Note, as well as of the Mortgage, can be found in XXXX County,  Florida case No. XXXX. 
Attorney XXXX believed XXXX and Christiana Trusts representations and consequently advised us to dismiss the declaratory action, arguing that it would cost us much more money to continue answering the appeal and the state courts action. We could not continue paying for more legal fees. We did not have any other option than dismissing the declaratory judgment complaint, against our will. 

This is the unfortunate fact that allowed XXXX  and Christiana Trust walk away from a court of Florida with an unlawful debt against myself and the Subject Property : The XXXX  Note is a false, counterfeit promissory note, not signed by me, nor I authorized anyone to sign it on my behalf. My initials and signature were forged therein, a very bad forgery, by the way ( See attached Exhibit 1 ). Copy of the forged note can be found in XXXX County case No.  XXXX. 

After such unfortunate date, XXXX, Christiana Trust, and XXXX have done several attempts to collect money from me and take the Subject Property, including a foreclosure complaint, filed in XXXX County,  Florida, under Case No. XXXX, causing us substantial harm, a huge amount of money in litigation, travel, business loss, etc. The harmful effects of such concerted action continue. 

Here are some facts that should be considered : ( 1 ) XXXX was under the investigation of this agency for its unfair and deceptive practices ; see this agency File No. No. XXXX. This agency entered a consent order on XX/XX/XXXX. 
( 2 ) XXXX was also under investigation for its unfair and deceptive practices ; see File No. XXXX. This agency settled the case, according to a consent order entered on XX/XX/XXXX. 
Pursuant to both consent orders, these organizations and any assignee, successor in interest, etc. had to dismiss any foreclosure action of a loan containing false and misleading information. That did not happen here : XXXX and XXXX used a strategy to scape this agencys consent orders in a flagrant obstruction of justice : ( 1 ) On XX/XX/XXXX ( in the middle of this agency investigation and just after XXXX settlement ), the loan was transferred to XXXX XXXX XXXX XXXX, National Association as Legal Title Trustee for XXXX XXXX XXXX Title Trust ( XXXX XXXX  ) ( See Exhibit 2 ). So, XXXX will not stop accepting fraudulent " loan '' despite the fact it had entered the agreement with this agency. 
( 2 ) As part of the strategy, XXXX continued handling the foreclosure action for almost a year. 
( 3 ) After knowing that we had discovered the forgery on the XXXX Note ( See Exhibit 3, an affidavit sent to XXXX  and Christiana Trust 's attorneys in XX/XX/XXXX, see also Exhibit " 4 '' copies of cashed checks from my checking account in XXXX XXXX, ending in XXXX ), in XX/XX/XXXX, XXXX filed an amended complaint, admitting the possibility of the forgery, however attempting to get a vendors subrogation lien. The new strategy caused us substantial harm in legal fees and others. 

This agency should review the settlements entered with these organizations for possible violations, putting the public at large on risk of irreparable harm. 

Apparently XXXX has encountered some difficulties to continue with its attempt to get the referenced subrogation lien ( as it would not be able to establish standing with a forged promissory note ) and the ENTERPRISE has moved to a new strategy : Lately, I received a letter sent from XXXX XXXX XXXX XXXX XXXX ( see attached Exhibit 5 ), in which XXXX argues that it had received the assignment/transfer of the loan package. As happened before, there is a good cause to believe that this is part of a new scheme of the ENTERPRISE that might cause us more damages, unless XXXX and its successors in interest are stopped.