Consumer complaint received 2024-02-21
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: PLANET HOME LENDING, LLC (NJ)

My Complaint is against Planet Home Lending including, XXXX, XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX  XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX XXXX XXXX was the servicing company  who sent me a Notice of Intent to Accelerate and Foreclose. This complaint includes them because they accepted to service a loan from a company that was not a lender in NJ or any other state and because they prepared documents without having any original documents such as Note for the property in NJ. Suddenly and without any communication from them on or about XXXX of XXXX after the complaint for foreclosure was filed a company by the name of PHL Lending became the servicing company for XXXX, XXXX regarding the Note for the NJ property. In XXXX of XXXX I was served with a complaint for foreclosure in the county of XXXX in New Jersey regarding a second mortgage which was in default for over 11 years ( XX/XX/XXXX ). I will mention I have a primary mortgage ( XXXX ) which is current and has always been paid. I have never heard of the company who filed the complaint ( XXXXXXXX XXXX XXXX. I check with the Dept of Banking and Insurance, but they do not have any lenders under that name. Through research I learned that XXXX, XXXX is a shell company out of over XXXX with a business address in Florida and another in the state of Delaware. XXXX, XXXX states that they allegedly bought or was transferred this mortgage by XXXX XXXX in XXXX of XXXX. The Complaint stated that XXXX, XXXX stated that they were in physical possession of the Note of Mortgage. However, after I filed a Motion to Dismiss counsel for XXXX, XXXX provided an Affidavit of Lost Note dated XX/XX/XXXX by a supposed vice president of XXXX XXXX. My research also revealed that XXXX XXXX rebranded to XXXX XXXX in XXXX of XXXX. Of course, I am confused because I don't know how XXXX, XXXX purchase a Note from a company who was no longer allowed to do business as mortgage lender and/or servicer. Second, how even though I provided Judge XXXX with all this evidence she ruled on a Summary Judgment Motion in favor of XXXX, XXXX. This company does not have the Note to my property, XXXX 's Affidavit of Lost Note does not state when the Note was lost or if they were ever in possession of the Note. In addition, an employee of MERS recorded the mortgage in XXXX of XXXX. I contacted XXXXhe county, and they told me I had to file a complaint with the attorney general. The documents did not contain an Affidavit or any other required documents. Furthermore, my research revealed that in XXXX, investors in XXXX " XXXX XXXX '' Trusts filed a complaint in New York against their master servicer XXXX XXXXXXXX XXXX XXXX ) for conducting " Bulk Note Sales '' without having any ownership of requisite authority to do so. ( See : KIRP LLC v. Nationstar Mortgage, LLC ). Located in the [ SEC site 424 ( B ) ( 5 ) Prospectus filing as to the custody of the loan files on P.S-108 Nationstar Mortgage LLS does not have the authority to sell the mortgage notes that Wells Fargo is the custodian of. ( RALI 2006-QO1 ) under the custodial arrangements it states " that Wells Fargo Bank , N.A. to serve as custodian of the mortgage loans. No servicer will have custodial responsibility for the mortgage loan files that contain originals of the notes, mortgages, assignments and allonges in vaults located at the sponsor 's premises in Minnesota. Only the custodian has access to these vaults. ] Counsel for XXXX, XXXX provided with its Summary Judgment Motion a Certification prepared by XXXX XXXX which states in a footnote " When Plaintiff ( XXXX, XXXX ) purchased the subject loan, the loan 's previous owner advised that the original " wet ink ' Note was in the possession of the lender 's document custodian, XXXX XXXX ''. Per the footnote on the XXXX XXXX XXXX, XXXX could have not sold or transferred the Note of the second mortgage of my home since according to the SEC site they are not authorized to do so. XXXX XXXX XXXX as servicer does not have custodial responsibility, they did not have any authority per the trust instrument to sell, liquidate, and/or convert the NOTE for its own personal gain. Moreover, the assignment of mortgage was not made, as payee of the promissory Note secured by the mortgage, but rather by XXXX, " as nominee for XXXX. '' Additionally, I question whether XXXX 's designation of XXXX as its nominee remained in effect since XXXX shut down its mortgage lending services around XX/XX/XXXX. My understanding is that XXXX is not authorized to transfer a mortgage when the original lender closes their doors or goes into bankruptcy protection. Which makes me even more concern regarding the documents being provided. The documents submitted to the Court on behalf of XXXX, XXXX have never been verified. I am sure that the documents have been altered and are fraudulent. This company is seeking a payment in the amount of {$120000.00} from a Note which was initially in the amount of {$59000.00}. Counsel for XXXX, has never provided any original copies or any " true copies '' of the documents they state in their alleged file regarding my property. I have been provided with copies of copies that are redacted and altered in some form. The likely scenario as in Kirp LLP v. Nationstar Mortgage LLC is that the alleged purchase of the Note regarding XXXX XXXX XXXX was a delivered copy of the Note from XXXX XXXX XXXX XXXX servicing system that was pawned off as an " original. '' If this is the case XXXX XXXX had no right to sell the mortgage Note to XXXX, XXXX, thereby purchasing bogus collateral files with no " original Note and not verifiable chain of title. '' I would not be surprised due to XXXX XXXX XXXX various lawsuits including the latest XXXX with regard to their various violations, See : Bureau of Consumer National Protection v. Nationstar Mortgage LLC d/b/a Mr. Cooper, Case No . 1:20-cv-3550. I want the entire file regarding the purchase of the Note and Mortgage commencing with XXXX XXXX, XXXX XXXX, and XXXX XXXX and Planet Home Lending, Most importantly billing statements from XXXX. XXXX.