Consumer complaint received 2025-03-21 00:00:00
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: PLANET HOME LENDING, LLC
State: CA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( XXXX ) XXXX XX/XX/XXXX XXXX XXXX XXXX and XXXX XXXX ( spouse ) XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX XXXX ) Original Lender XXXX XXXX XXXX XXXX XXXX Debt Collector Planet Hone Lending, LLC ( XXXX  ) and XXXX XXXX  ( XXXX ) debt XXXX CFPB cases ID : XXXX XXXX UNDISPUTED FACTS A. In XXXX XXXX XXXX executed a HELOC XXXX mortgage loan package with XXXX XXXX  XXXX. XXXX XXXX. Promissory Note and Deed of Trust ( exhibit XXXX ) B. In XXXX XXXX  XXXX XXXX merged with XXXX XXXX. Sometime in XXXX XXXX stopped receiving loan statements from XXXX XXXX XXXX XXXX XXXX through no fault of XXXX. ( exhibit XXXX ) XXXX XXXX received a settlement offer letter dated XX/XX/XXXX that contained the statute of limitations XXXX. ** from XXXX XXXX XXXX XXXX acct, XXXX for B of A loan number XXXX Solutions. ( exhibit XXXX ) **Understand that once you make a payment towards this account that does not payoff or settle it in full, the statute of limitations prohibiting the collection of this account through legal action may no longer apply. While XXXX XXXX XXXX XXXX ( XXXX ) agrees that we will never file a lawsuit against you for the collection of this debt, it is our responsibility to make you aware of the facts stated herein. Please also be advised that this account remains secured by a XXXX against the property that will only be released upon full payoff, reduced payoff, through a XXXX  with an approved lien strip order or by operation of law. 
XXXX On XX/XX/XXXX XXXX Trust recorded a XXXX XXXX Deed of Trust in the XXXX XXXX XXXX XXXX XXXX # XXXX ( exhibit XXXX ) First and most importantly, the filing of this document a purported Corporate Assignment Deed of Trust does not assign or convey any legal rights. To enforce the XXXX XXXX, enforceability of a XXXX is dependent upon compliance with state law and local laws of jurisdiction. The purpose of the XXXX XXXX XXXX Deed of Trust is to simply memorialize the purported sale of XXXX XXXX Note ( it does not cause the sale nor the acquiring of rights ), ( see Deed of Trust INVALID exhibit A ) XXXX XXXX received a Notice of Assignment, Sale or Transfer of Servicing Rights. 
Dated XX/XX/XXXX You are hereby notified that the servicing of your mortgage loan, that is the right to collect payment from you, is being assigned, sold or transferred from XXXX XXXX XXXX XXXX ( XXXX ) The sale or transfer of the servicing of the mortgage loan does not affect any terms or condition of the mortgage instruments other than the terms directly related to the servicing of your loan. that contained the statute of limitations disclosure. ( exhibit XXXX ) The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. In circumstances, you can renew the debt and restart the time period for the statute of limitation if you take specific actions such as making certain payment on the debt or making a written promise to pay. 
Breach and Default of Promissory Note Date XX/XX/XXXX On XX/XX/XXXX XXXX XXXX  recorded a XXXX XXXX XXXX  and a Notice of Default and Election to Sell Under Deed of Trust. 
Said obligations include XXXX Note for the original sum of the {$170000.00} that the beneficial interest under such Deed of Trust and the obligation secured thereby are presently held by XXXX XXXX, the Beneficiary ; that is a breach of, and default in the obligation for which such Deed of Trust is security has occurred in that payment has not been made of. The installment of principal and interest amounts, which became due. on XX/XX/XXXX. ( exhibit XXXX ) MORANDUM OF POINTS AND AUTHORITIES A. Breach and Default date XX/XX/XXXX documented and recorded in the XXXX XXXX XXXX XXXX XXXX. By XXXX XXXX and Planet Home Lending on XX/XX/XXXX. ( exhibit XXXX ) B. The XXXX Settlement Offer and Notice of Assignment mortgage the Statute of Limitations disclosure clearly acknowledges that the XXXX promissory note is time-barred. 
XXXX The Fair Debt Collection Practice Act and its implementing Regulation F govern the conduct of covered debt collector when they collect debt. We are making it clear that threatening to collect on expired zombie mortgages ( inflated with interest and fees ) is illegal. CFPB XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXXXXXX XXXX XXXX have held that XXXX XXXX FDCPA similar to but, broader than the XXXX Fair Debt Collection Practice Act. XXXX  have rights under both the XXXX FDCPA and the federal FDCPA. ( Requirements for Debt XXXX B ) XXXX XXXX  XXXX XXXX ( a ) Statute of Limitation for a promissory note is XXXX ( XXXX ) years. 
XXXX XXXX XXXX XXXX law also bans XXXX from filing a lawsuit or any other legal proceeding to collect a time-barred debt. 
On XXXX XXXX XXXX XXXX commenced a foreclosure sale. 
On XX/XX/XXXX a Trustees Deed Upon Sale was recorded in the XXXX XXXX XXXX XXXX for the XXXX XXXX. ( exhibit XXXX ) On XX/XX/XXXX. The Abrams/Corpuz and XXXX were ejected from their home. 
Statement of case This case is about the violation of the Fair Debt Collection Protection Act by Planet Home Lending and XXXX Trust. Illegal XXXX XXXX on XXXX Mortgages. 
It is illegal for debt XXXX to sue to collect debts past the statute of limitations. The CFPB that it issued guidance to debt XXXX closing on the zombie mortgages that the FDCPA and Regulation F prohibit such debt XXXX for suing or threatening to sue on XXXX mortgages if the debt is time-barred. 
Undisputed Breach and Default date XX/XX/XXXX documented and recorded in the XXXX XXXX XXXX XXXX XXXX by XXXX Trust and Planet Home Lending on XX/XX/XXXX. ( exhibit XXXX ) XXXX  XXXX XXXX ( a ) XXXX of XXXX for a promissory note is XXXX ( XXXX ) years. The XXXX  XXXX law also bans XXXX from filing a lawsuit or any other legal proceeding to collect a time-barred debt. The plain language of the law does not allow for any other requirements. 
XXXX  and XXXX make arguments that are without merit : XXXX. A. false statement that XXXX XXXX is a former XXXX XXXX. XXXX original and only creditor is XXXX XXXX  ( Exhibit A copy of the original executed loan documents ). 
XXXX. That the XXXX XXXX XXXX XXXX XXXX  on XX/XX/XXXX DISMISSED a lawsuit against XXXX and XXXX  for failure to prosecute is irrelevant. 
XXXX. Presents a salad of cases that are irrelevant and has no bearing on XXXX and XXXX violation of the FDCPA past the statute of limitations that prohibits the foreclosing on homes with time-barred mortgages. A covered debt collector who brings a state court foreclosure action to collect a time-barred mortgage debt violates the FDCPA and its implementing regulation F. 
CONCLUSIONS : Please prioritize this case because XXXX XXXX and Planet Home Lending response does not and can not provide a coherent legal reason that exempts this time-barred XXXX mortgage debt under FDCPA XXXX XXXX  years later. 
This is a classic example of a XXXX Mortgage. The XXXX and XXXX and documents display the default date of XX/XX/XXXX. Clearly more than XXXX years since the time-barred illegal foreclosure was initiated. XXXX and XXXX have no credible defense for their illegal action. 
Undisputed in XXXX settlement offer to XXXX and XXXX Notice of Assignment of Service to debt collector Planet Home Lending, debt collector XXXX XXXX included the statute of limitation disclosure that is required by FDCPA XXXX. 
The CFPB and XXXX attorneys have the authority in appropriate circumstances to take action against Institutions and individuals violating the FDCPA and Regulation XXXX Also please refer this fraud to the California State Attorney. 
To continue to be homeless for over XXXX year and XXXX months is an extreme hardship on our family. We have tried to sustain the XXXX  mortgage with XXXX through a loan modification and now a deferral agreement which the signing is due soon for the mortgage payments for the past XXXX months. We have the expense of having to rent another place to live and try to maintain our first mortgage on the foreclosed home of XXXX years. 
To prolong this unjust suffering by the XXXX XXXX is unwarranted since there is no credible dispute or defense that XXXX or XXXX that can make. 
I declare that the documents submitted are true and correct copies. XXXX XXXX and Planet Home Lending should have the exact copies in their possession. 
I will send the documents by XXXX XXXX XXXX XXXX XXXX Mail. 
I Declare Under the penalty of perjury under the laws of the United States. 
Date : XX/XX/XXXXXXXX XXXX XXXX  XXXX

Company response to consumer: Closed with explanation