Date Received: 2021-12-13
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: We want Select portfolio to know that we keep our promise. As of XXXX XXXX XXXX we have filed tax evasion complaints against you with the following agencies : Florida Department of revenue, DOJ, IRS, Florida Attorney General, Inspector General.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been in a loan modification with Select Portfolio Servicing for the last three and a half months. They are servicing the loan for XXXX XXXX, for which I earlier demanded to know who owned the note. To date, XXXX XXXX has not recorded the note with the County Recorder 's Office. My income was affected by Covid and I wasn't able to make my mortgage payments for the last year and a half. They put XXXX payments on the back end of my mortgage and some of XXXX. In XXXX, I was sent a demand letter for over {$22000.00}, and told them I couldn't pay it. In XXXX, I asked for another loan modification and they said I was eligible, and I promptly sent them their every request. Then the charade started. For some reason, it would appear that SPS was intentionally stalling the process, for what reason I have not the faintest idea. They wanted to see more recent check stubs. I very carefully explained that I was a XXXX XXXX, the checks come from the studios to the XXXX XXXX XXXX, are processed by the guild and sent to me. They continued with this, saying that the stubs were over 90 days old. They were not. Not one stub was over 60 days old. I started sending them every stub I got for months. Then their emails came in saying they couldn't see the year-to-dates. The YTDs were very clearly marked on every stub I sent. Then they wanted to see another stub from XXXX, where again I explained that isn't how it works, the checks come when they come and from wherever they come. This went on for some more weeks, until finally they quit on the XXXX obsession. This is all in black and white in my file. The latest and final absurdity came by way of email, stating that my residuals were too infrequent. I showed them I had made over {$13000.00} this year in residuals. I told them I had worked over thirty years and made over XXXX XXXX XXXX XXXX XXXX. This fell on deaf ears. I want to further point out, and let the file show, that I reached out to my relationship manager threw the course of this meandering process both in email and on the phone no fewer than fifty times. I have yet to ever speak with this woman. It was noted in one phone call and email that she had tried to reach out to me the day before I was speaking to another Customer Care Expert. My cell phone record disputes. Every call I received the day before was accounted for. This was simply not true. Finally, I got a decision, congratulating me on getting a repayment plan, to the tune of paying back over {$30000.00} dollars at nearly {$6000.00} dollars a month for a year. They further went on to inform me that I wasn't eligible for a modification because I had already had one. This was a complete contradiction from earlier correspondence stating that I most clearly eligible for a modification. My friend just got her second modification from SPS, servicing for XXXXXXXX XXXX, same as mine. Then it goes on to say that their decision was NOT based on my income, with no further explanation. They went on to tell me that if these terms didn't work for me, I could do a short sale to avoid a foreclosure on my record. I received this congratulatory decision on XX/XX/XXXX, stating I had until XX/XX/XXXX to accept the terms or I could appeal, and not be in jeopardy of foreclosure while the appeal is reviewed, unless, of course, the courts decide otherwise, no guarantees. Needless to say, I immediately wrote and emailed my appeal the following day, XX/XX/XXXX. SPS 's suggested nearly 100 % income to payment ratio is egregious and predatory and violates institutional regulatory oversight and compliance with this bureau and any number of any other banking regulatory agencies. SPS has put me in an impossible situation that is untenable, not to mention that they are solely responsible for dragging this out, for no good reason that I am aware of. Everything I have stated here is true and correct, and if anything, is conservative respectful of the vast amount of unnecessary correspondence. I will further add that I've heard nothing from SPS since I sent over my appeal. Finally, on a personal note, I wish to convey clearly that my wife has XXXX and this process and manipulation has been extremely stressful and impactful on her. This is now getting to a point of jeopardizing her health and that is unacceptable.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-12
Company Response to Consumer: Closed with explanation
Timely Response: No
Consumer Disputed: N/A
Date Received: 2021-12-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Assuming that Select Portfolio does not file motion to vacate judgment by XX/XX/XXXX, at XXXX PM. You'll leave us no choice than to contact the IRS tax fraud, Department of Justice, Florida tax collector, Inspector General, Florida Attorney General. This is the peak of the iceberg. States are losing " BILLIONS '' nationwide on unpaid intangible & stamps taxes in connection with loan modification loan increase .Food for thought after XXXX nationwide lenders engaged in millions of loan modifications where till today have not paid the taxes owed to State tax collectors. There are billions of dollars that have been abated by these financial institutions. THE MATTER IS CONSTRUED AS TAX EVASION!!!! The department of Justice has yet to learn about this. It's the biggest tax evasion scam ever! and must be investigated by the Watch dog and multiple Federal agencies. This is the biggest discovery by a Florida mortgage fraud investigator. Select portfolio you seriously think you're going get away from illegally acquiring a judgment on our home when are barred by Florida statute to collect or have any enfacement pursuant to Fla. stat. 201.08 ( 1 ) ( b ), 199.282 ( 4 ). You seriously think you are going to get away from evading taxes on mortgages instruments??? I have news for you sunshine, in the United States of America, one thing for sure is DEATH AND TAXES!!!! You are trying to sale our home on XX/XX/XXXX, A WARFARE OF LEGAL ACTION WILL BE BROUGHT AGAINST YOU on XX/XX/XXXX at XXXX PM.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-11
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: What is tax evasion? " Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust and others. XXXX XXXX has a strict Rule when it comes to Intangible & stamps taxes due on instruments. See Florida statute 199.282 ( 4 ) - '' No Mortgage, deed of trust, or other lien upon real property situated in this state shall be enforceable in any Florida court ... ..until the nonrecurring tax imposed by this chapter, including any taxes due on future advances, has been paid and the clerk of circuit court collecting the tax has noted its payment on the instrument or given other receipt for it ". 201.08 ( 1 ) ( b ) '' The mortgage, trust deed, or other instrument shall not be enforceable in any court room of this state as to any such advance unless and until the tax die thereon upon each advance that may have been made thereunder has been paid ''. SPS contents to have enforcement over two loan modification agreements. One dated XX/XX/XXXX, by XXXX and the other dated XX/XX/XXXX by Select portfolio servicing. The lender has evaded the Intangible & stamps tax imposed by Florida Statute on both instrument, which deems the instrument a NULL and VOID until such advances on the new contract have been paid. The statute mentioned above are straight forward, a lender will never have any enforceability until the taxes due are paid. Can the lender record the instrument at this juncture? The short answer is no. Both loan modifications reveal that it was never notarized, nor contain the legal description of the property. XXXX XXXX will not accept any instrument for recording unless the lender provides the ORIGINAL INSTRUMENT REFLECTING THE ORIGINAL NOTARIZATION. Can a judgment be entered on a property where the new mortgage fails to contain the legal description? See Florida caselaw ... .XXXX XXXX XXXX XXXX v XXXX XXXX... A judgment shall never be entered until the issue surrounding the legal description on the instrument is fixed. Under Florida law a judge will allow for the bank to fix the issue but in the event the issue can not be resolve, the judge has no other alternative to dismiss the case. In order for the instrument to be fixed, it requires the signature of the debtor. We are not signing anything. Select portfolio has been given enough time to correct their tax evasion error. Select portfolio is fully aware they must dismiss the case, the statute is straight forward as mentioned before, in non legal terms " you can't pass go, " you can't collect XXXX XXXX dollars '' just like in the XXXX game. Because you have failed to set aside the non-enforceable instrument we are now contacting the following : Florida tax collector office, Inspector General, XXXX XXXX attorney Office, Department of Justice XXXX IRS, Florida Attorney General. No one in the United Sates of America can evade taxes, not even XXXX XXXX. Want to put this to the test? watch me
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS is trying to put my house in foreclosure again. My bankruptcy case was recently dismissed and I asked SPS for mortgage assistance. First they said I just needed to send a RMA despite their website saying I need other forms. Then they said that they received all the documents they needed before I even sent the RMA. I dont think SPS is trying to help me with my mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30022
Submitted Via: Web
Date Sent: 2021-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: on or before XXXX XXXX I SUBMITTED A LOSS MITIGATION SHORT SALE APPLICATION TO SPS SERVICING, AND WAS TOLD THEY DIDNT GET THE FAX SO I RESUBMITTED ANOTHER SHORT SALE APPLICATION ON XX/XX/2021 AND SPS REPLIED AND SAID IT WOULD TAKE 30DAYS TO REVIEW, SO WHILE I WAITED I WAS INFORMED OF A SALE DATE OF XX/XX/XXXX, XXXX I CALLED ONLY TO FIND OUT THAT MY APPLICATION WAS NEVER REVIEWED FOR THE SHORT SALE AND SPS WAS MOVING FORWARD WITH THE SALE DATE OF XXXX SO I HAD TO KEEP CALLING EVERYDAY UNTIL GOT SOMEONE TO LISTEN TO ME AND THE SALE WAS POSTPONED TO XXXX XXXX, BECAUSE I HAD SUBMITTED THE APPLICATION BEFORE THE SALE DATE WAS POSTED, NOW I`M REQUESTING THROUGH MY ATTORNEY THAT SHORT SALE SHOULD BE RESTARTED SINCE ITS ALREADY BEEN SUBMITTED WITH XXXX OFFERS FROM MY BROKER, BUT ONCE AGAIN SPS IS STALLING THE PROCESS AND TRYING TO FORECLOSE ON MY HOUSE
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92881
Submitted Via: Web
Date Sent: 2021-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: After sending a formal complaint with the CFPB back in XXXX, the company that is servicing my loan number XXXX, SPS, decided to offer us a loan modification. I asked multiple times what type modification could SPS offer and I was told that we had to pay three consecutive payments in a Trial Period from XXXX to XXXX before sending a definitive proposal. Today, we received the loan modification agreement which is not sound, looks blatantly illegal and financially abusive. When we applied for a loan modification we properly informed SPS that my husband is battling XXXX and we needed to lower our payments but we were denied refinancing due to a high debt ratio. Today, this unscrupulous company named SPS presented its offer, asking us to extend the length of the loan 8 more years, which sounded acceptable, PLUS PAYING, an additional balloon payment of of XXXX at the maturity date which is overly abusive. IF THE LENGHT OF THE LOAN WAS EXTENDED A BALLOON MUST NOT BE APPLIED. If the loan was extended an additional 8 years, overcharging a person with an extra balloon payment is basically usury. I am also requesting a detailed explanation of all the money disbursed during the trial period and how this money was applied to the escrow account and the principal and interests.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33179
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-09
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: select portfolio servicing charge me pre-pay penalty of {$6300.00} for the account number XXXX this account is paid off on XXXX XX/XX/2021 and my NOTE show I do not have any pre-pay penalty. they made the mistake at mixed up the NOTE from another loan with the subject loan. I was in contact with Select portfolio servicing by telephone since XX/XX/2021 to go over my loan and the NOTE at least two times a week always answer me a different person and have to go over the same conversation explaining the mistake that they did at charging me pre-pay penalty. I requested to speak with a manager but never had one available. until today XX/XX/2021 don't have any help from them. just told me the file is under review. already passed 69 days since I was asked to help me to resolve this mistake from them. for that reason, I am requestioning your help to resolve this.
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 92335
Submitted Via: Web
Date Sent: 2021-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: When COVID - started in XX/XX/XXXX, I contacted my mortgage company SPS Portfolio Services to ask for COVID mortgage assistance. They sent me letters and allowed me to skip my mortgage payments. In XX/XX/XXXX I asked the mortgage company to help me with a modification, so I could start making payments and they offered me a few more months of forbearance until XX/XX/XXXX. I started an application process for the modification in XX/XX/XXXX and I was waiting for the paperwork to go through so I would would know how much my payments are now. They told me the payments would be added to my balance at the end of the loan. I talked at least 15 different people who confirmed this. I have the names documented. Now, they have told me that the modification is denied and I have to pay the past due amount of $ XXXX which I do not have. I dont understand since I am a XXXX and XXXX XXXX XXXX. I believe they are taking advantage because I am XXXX. I have been able to pay my payments of {$1600.00} per month which were my payments before forbearance but I have not paid them since I do not have anything in writing. Please help me get this resolved so I dont lose my home which has alot of equity.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92024
Submitted Via: Web
Date Sent: 2021-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I fell behind on my payments due to XXXX sps approved me for a forbearance and when the plan was over I asked for a deferment. I am under review for the deferment but they just placed a notice of sale on my home for XX/XX/2022 even though Im under review for loss mitigation assistance, and they did not file a new Notice of default. I just want to start making payments on my home please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91344
Submitted Via: Web
Date Sent: 2021-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A