Consumer complaint received 2025-06-24 00:00:00
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: PLANET HOME LENDING, LLC
State: DE

Complaint narrative:
XX/XX/year> Planet Home Lending , LLC Attn : Compliance Department ( Loan Servicing ) XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, UT XXXX Re : Mortgage Loan No. XXXX Request for Origination and Chain-of-Title Documentation Dear Planet Home Lending : I write in response to your letter of XX/XX/year>, concerning my Consumer Financial Protection Bureau ( CFPB ) complaint. Your correspondence repeats allegations but provides no proof that Planet Home Lending is the originator or proper owner of the above-referenced loan. Specifically, your letter fails to demonstrate that Planet ever disbursed the loan proceeds or obtained a valid assignment of the note. To justify any claim or servicing rights on this mortgage, you must show exactly when, how, and by whom the loan funds were advanced and trace a complete chain of title from the original lender to you.

Accordingly, I hereby formally demand the following information and documentation : ( 1 ) evidence of the original loan disbursement i.e., the date and method of transfer of the loan proceeds ( for example, a copy of the cleared check or wire transfer showing funds paid to my account or closing agent at origination ) ; and ( 2 ) complete loan-origination and assignment documentation, including the original promissory note, any allonges or endorsements, and any and all assignments or transfers of the note and mortgage from the originator through all intermediaries to Planet Home Lending. This includes recorded assignments, affidavits of lost assignments, and related trustee or servicer contracts showing transfers of ownership. Without these documents, there is no competent evidence that a loan was ever disbursed to me on your authority or that you have any title to the debt.

The law makes clear that a foreclosing or servicing party must prove it holds the note and mortgage in order to enforce a loan. For example, in In re Foreclosure Cases, a federal court dismissed dozens of foreclosure complaints because the plaintiffs failed to submit evidence that they held the debt at the time of filing. The court held that to have standing, the lender must prove it was the holder of the note and mortgage when suit was brought. Likewise, the North Carolina Court of Appeals reversed a foreclosure where the purported lender produced no competent evidence of note ownership. In that case the court observed the record is lacking of competent evidence sufficient to support that [ the ] Petitioner is the owner and holder of [ the ] note and deed of trust. The court concluded the trial court erred in permitting foreclosure absent proof of title. Here, your XX/XX/XXXX letter has not met this burden. Planet Home Lending has neither provided the original note nor shown a valid endorsement naming Planet as holder. Indeed, where a note is payable to one entity and not properly endorsed to the foreclosing party, courts have held there is not sufficient evidence that the foreclosing party is the notes holder. In re XXXX and similar decisions make clear that without an unbroken chain of title, including proper endorsements or assignments, a foreclosure ( or any claim of debt ) can not proceed. These cases put you on notice that a bare statement of ownership is insufficient ; you must prove ownership with actual documentation.

For the same reasons, I remind you of applicable consumer-protection laws. Under the Truth in Lending Act ( TILA ) and its implementing regulations, an assignee or servicer can enforce a mortgage only if it holds proper title to the loan. For example, 15 U.S.C. 1641 ( f ) provides that a servicer not acting as a mere agent of the loans owner may not enforce the obligation. Likewise, the Real Estate Settlement Procedures Act ( RESPA ) requires mortgage servicers to respond to borrowers requests for loan information. My requests above are analogous to a qualified written request under RESPA ( 12 U.S.C. 2605 ( e ) ), which obligates a servicer to investigate and provide information about transfers of ownership or servicing. In short, I am entitled by law to documentation showing that the debt is valid and that Planet Home Lending has a lawful right to service or collect it. 

Your letter of XX/XX/XXXX fails to carry this burden. It provides neither the original promissory note nor any copy of the loan proceeds disbursement, and it cites no recorded assignment or valid endorsement tracing title to XXXX. As noted above, courts hold that a lender must produce the physical note or equivalent proof of ownership at or before foreclosure. Since you have provided none of this proof, your response does not justify continued claims against me for this loan. 

Please be advised that if you can not promptly supply the requested documentation including a copy of the original disbursement ( e.g. the actual check or wire transfer information ) and a full chain-of-title for the loan I will pursue all available remedies. This may include urging the CFPB or other regulators to find your answer inadequate and pursuing litigation or a motion to dismiss any foreclosure or collection action on grounds of lack of standing. As the law makes clear, without evidence of origination or a valid transfer of the note, you have no enforceable interest. I trust you will provide these documents immediately to satisfy any lawful inquiry and comply with your legal obligations. 

CC ; ALL DEPARTMENTS Thank you for your prompt attention to this matter.

Company response to consumer: Closed with explanation