Date Received: 2021-12-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I signed up with our mortgage service company Select Portfolio Servicing , Inc. ( SPS ) for what I thought was a forebearance program where they would move missed payments to the end of our mortage. We were approved XX/XX/2021. Several of our missed payments seem to have been moved to the end of our mortgage ( {$32000.00} ). But for reasons I don't understand and was not informed of, SPS seems to have stopped moving our missed payments to the end of our loan. Instead we received basicially a balloon payment order from SPS ( XXXX XXXX, 2021 ). In their Repayment Plan we were to pay {$9100.00} over XXXX months starting in XX/XX/2021. This is a huge payment and way beyond our ability to pay. We are retired and on a relatively fixed income ( I'm XXXX XXXX XXXX, my wife XXXX is XXXX ). According to your regulations, due to XXXX, SPS should allow us to " resume regular payments and move any missed payments to the end of the mortgage ''. SPS refuses to do this. What can we do? Do we have any legal recourse or remedy? Can you please help us?. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, www.spsservicing.com
Company Response:
State: CA
Zip: 902XX
Submitted Via: Web
Date Sent: 2021-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have tried for several months now to become the successor in interest for a mortgage in my deceased husbands name. In XXXX, XXXX, my husband and I purchased our home together with both of our names on the property deed. The property address is XXXX XXXX XXXX XXXX, XXXX, Virginia. However, my name was not listed as a co borrower for the mortgage -- just my husbands name. After the unexpected death of my husband in XX/XX/XXXX I have been trying to become a successor in interest to take over the existing mortgage to keep living in the same house raising my minor kids in stable and familiar environment. The mortgage company is failing to treat me as the borrower on this mortgage, despite its obligation under federal law to do so. The mortgage company provided me a list of documents required, and I have submitted those, often multiple times. Rather than telling me what document is missing, the company sends me notices, such as Please contact us at XXXX regarding the document that was received, so we can provide you clarification on what is needed. In fact, when I call them, they give me inconsistent explanations for deficiencies, and then proceed to try to strong-arm me into refinancing the mortgage rather than exerting my rights to become a successor in interest. This is coercive, and deprives me of my rights under federal law. At the request of my mortgage company, which is Select Portfolio Services, I have been submitting multiple documents they requested. For many months I have collected everything they needed with email confirmation and representatives assuring me that no additional paperwork is needed and it is being sent to be reviewed. It has become a routine practice to receive a phone call a week later after I submit additional documents from SPS XXXX to notify me that paperwork they have is insufficient. And it has been going on since XXXX. Every time when I talk to another representative, I ask them to list all the documents they need from me to complete the process. Their answer is always varies with different representatives. I have sent multiple times my bank statements, pay stubs, electric bills, proof of occupancy, hardship letter, heirs form, warranty deed, property deed, XXXX, DL. Last call I made I believe was XX/XX/XXXX, I was told that they could not locate some of the documents I had sent. And this has happened repeatedly over the past several months. As proof, when I send something to SPS, I always receive an acknowledgment of received emails from SPS. When SPS told me that I didn't sent something, I have an email telling otherwise, proving that I did. I'd give them date to find the email from me. These are the dates I sent the paperwork to SPS : XX/XX/XXXX includes our marriage certificate, deed of trust, death certificate for my husband. XX/XX/XXXX hardship letter, my drivers license, bank statements, HOA, proof of occupancy, my XXXX. XX/XX/XXXX assumption request form, successor in interest credit check authorization. XX/XX/XXXX I sent them another bank statement, I was told they couldn't find it, List of Heirs XX/XX/XXXX I sent them again proof of occupancy electric bill which they again said they don't have it or couldn't find. XX/XX/XXXX warranty deed and circuit court cover sheet with both mine and my husbands names on it. XX/XX/XXXX I sent again List of heirs and XXXX bank statements, it was missing again XX/XX/XXXX I sent via fax again list of heirs, because they claimed it was lost or not received. At the request of SPS, I went to probate court and got a list of heirs and the warranty deed for the property where both of our names are listed. The clerk at Probate Court told me since both our names are on the deed there are no additional documents available to send to SPS. On XX/XX/XXXX a representative from SPS called me with yet another issue. The representative stated that apparently the warranty deed was dated one day before the originated date of the mortgage. The warranty deed was dated XX/XX/XXXX and mortgage was originated XX/XX/XXXX. Again, I went to probate court and explained the situation. I was told that the date in this case makes no difference and they can't change anything, because there were no mistakes made, unlike what SPS tried to convince me. After so many wild goose chases, it is hard not to conclude that SPS has no intention of letting me complete the successor in interest process. Also per the probate clerk, according to the warranty deed XXXX grantors do hereby grant, bargain, sell and convey with General Warranty into Grantees, as tenants by the entirety with common law right of SURVIVORSHIP, all the following-described lot or parcel of land together with improvements thereon, situate, lying and being in XXXX XXXX of XXXX, XXXX XXXX Virginia XXXX '' As of today, almost 7 month later I don't know what else to do. SPS requesting papers even the Probate Court tells me do not exist. Now I feel like I'm being played around. As I mentioned above, during most of my phone conversations with SPS representatives, they have pushed me towards refinancing the mortgage rather than allowing me to become the successor in interest. I have the right under federal statutes and CFPB rules to become a successor in interest in the mortgage on my house. SPS is depriving me of my right to assume the mortgage. ( As an FYI, during our marriage, I used my husbands last name, so went by the name XXXX XXXX. However, when I received my XXXX Citizenship, I reverted to my maiden name which is XXXX XXXX. ) I'm enclosing some of my documents.
Company Response:
State: VA
Zip: 20170
Submitted Via: Web
Date Sent: 2021-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our home used to be owned by XXXX XXXX XXXX who bought it from XXXX. Recently this year it was sold to Select Portfolio Home Loans. When it was transferred, XXXX didn't process a payment, and had us already showing we hadn't paid in XXXX. Select Portfolio already had us as late on a payment even though we had proof otherwise. My husband and i both make separate payments from separate banking accounts. You can not add the acct in your online account, or make partial payment, so we make bill pay through our own banking, My husband in the beginning could make his, and I couldn't and then somehow it switched, and i could, and he couldn't. In any case, we have been making payments, and he thought he was making his payments. We have been on the phone with select portfolio and our bank to prove the payments have been made and cashed. They go somewhere, no one knows where, and then its returned back into his bank account. We have shown proof of payment from both accounts from our banking statements. we opened a investigation in XXXX, and it's XXXX, and still nothing. Meanwhile i was advised to start the process for hardship so i don't lose my house. The only thing happening is Select calls me every day to go over the house, and then we have the same conversation, trying to get back to results of investigation. They advise it's been noted, and someone will reach out, and here we are yet again. We have made our payments, every month. I do not want to lose my house, i would love to refinance but how do you do that with a history by this lender that shows we are dysfunctional payees? This is unacceptable especially in the environment of Covid, we should be helping each other succeed ... .and instead, they are dragging their feet. I was on the phone the other day trying to sort it out with my Hud rep, and they kept stalling to put the mgr. on the phone, so clearly, they are not in the position of wanting to help, but rather drag it out. i need my house payment to reflect current. This is clearly an error on their side, and i want our credit, and history restored to show that we were in fact current this entire time. It is clearly not our fault that in your failure to investigate, and get any resolution. We have answered calls, made calls, emailed statements, shown proof, and discussed this more times than i can count. i never get the same rep so i am put through the torture of explaining it every single time, and the first comment is " do you plan on saving your home? you realize it's delingquent? ...
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90604
Submitted Via: Web
Date Sent: 2021-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-08
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Back in XXXX my husband did a loan with XXXX XXXX who was bought out by XXXX than SPS Servicing. We paid faithfully every month for 15 years. Then we received notice that my husbands loan was a XXXX loan and it matured in XX/XX/XXXX. And that we originally took out for XXXX but in the end we owe XXXX. I asked how can that be so none of the payment went towards the loan? They added on fees, for what I don't know, one person told me from transferring from one company to the next I said so none of MY PAYMENTS WENT TO THER LOAN????. So I said for 15 years payments not one penny went to the loan?????? Hard to believe. I've asked for copies of every payment, can't get that because its 15 years old and the first company is out of business. I found out that XXXX out of the XXXX payment was going towards the loan. So if that is true that would be that I at least paid XXXX of this loan off????? They are stating that we owe the whole amount of XXXX. I paid XXXX already to see if they would settle for that and they said no your house is going for short sale or foreclosure. So my husband went into his XXXX k and took XXXX out to pay them to save our house. I tried for a year to do a modification with them as I sent in paperwork after paperwork after paperwork and I have it all and after a year they denied us. One person there told us that they are hurting that they want to take peoples home like mine and make money off of it. Also they told us because we are NOT behind on mortgage they would not help us. I said isn't that good, you don't want people behind. I need help as something is not adding up here. There website said they are here to help people save there home. Well they sent me papers and want me to do a short sale or foreclosure .... Now are they helping at all and I want to know why didn ; t any of my money go towards the loan... It had to. Please help so others do don ; t have to go through the worry of this.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 44134
Submitted Via: Web
Date Sent: 2021-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Under Florida law a loan modification agreement constitutes a novation of the original loan documents. See Florida caselaw XXXX v XXXX XXXX XXXX, attached herein. It is therefore that a lender would attach a copy of the loan modification agreement XXXX the foreclosure complaint so they can established that a default occur on the terms of the new contract. Select portfolio attached a copy of an unrecorded loan modification to the complaint. Under Florida Statute 201.08 ( 1 ) ( b ), & 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 room. '' Because the loan modification did not have any enforceability we filed motion for summary judgment. What happened next will shock you. The bank 's lawyers immediately recorded the loan modification. See loan modification recorded date XX/XX/2021. Upon closer examination of the loan modification we realized that the bank 's representative have engaged in fraud with the XXXX Clerk , therefore we ask that you provide a copy of the complaint to law enforcement, you have our consent. XXXX XXXX requires that a mortgage be notarized but also to reflect the legal description of the property on the document. XXXX XXXX will rejected and not record a mortgage not notarized. If you carefully review the loan modification you'll find that just above the borrower signature it states " In witness thereof ". The borrower 's signature nor the bank 's were witness as the allege agreement was not notarized by either party. The XXXX clerk are not permitted XXXX accept a loan modification not notarized because the loan mod is the new mortgage contract. The matter will be brought to the judge attention as we are requesting the Honorable Judge take judicial notice that the bank 's legal representative have engaged in fraud in connection with the unlawful recording of documents. The loan modification does not have the property legal description. For educational purposes, can a court dismiss a foreclosure action based on a mortgage not having a legal description? The answer is no, the court may give the lender the opportunity to amend the document before the judgment is entered .However, pursuant to Florida Case law Fed XXXX XXXX XXXX v XXXX XXXX XXXX, no judgment ever be entered until such correction has been made. What the caselaw does not say is that in order for a lender to correct this issue it requires for the debtor to sign the amended documents and we are not signing anything. SPS, you should know better than that, sps or their legal counsel engaged in a fraudulent act along with the XXXX clerk to record a document that can not be recorded and you been caught in the act, the question here is who among you in going to jail?.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33176
Submitted Via: Web
Date Sent: 2021-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-08
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: As a matter of public interest, it is important to for the Consumer Financial Protection to know the reason sps never recorded the loan modification and as a result has no enforceability in the state of Florida. If you carefully review the loan it does not contain the legal description of the property but most importantly it can't be recorded because it was not notarized. Under XXXX XXXX XXXX XXXX a mortgage can not be recorded unless sign and notarized. This is the reason XXXX nor Select Portfolio record the instrument.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: -- On XX/XX/2021, loan Servicer, Select Portfolio Serving Inc ( " SPS '' ), stated that property has been sold based on Loss Mitigation application submitted by Borrower on XX/XX/2021 while not responding to subsequent loss mitigation applications submitted by Borrower. The timeline used for the sale as stated by SPS is based on Loss Mitigation application received by Servicer in XX/XX/2021 while Borrower has submitted Loss Mitigation application on XX/XX/2021. Servicer has failed to process loss mitigation application from XX/XX/2021 and Borrower resubmitted loss mitigation application on XX/XX/2021 within the 30 day appeal window that was to end on XX/XX/2021. Servicer failed to process documentation submitted by Borrower and proceeded with foreclosure in violation of dual tracking laws and in violation of foreclosure procedures.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90255
Submitted Via: Web
Date Sent: 2021-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Portfolio Services is my Morgage company. When covid hit, my 3 hair salons were shut down taking my family income to zero. I called SPS and they offered 3 months deferment, said we will figure this out. After those 90 days I received a bill that all the differed payments and current month was due. I called and said I could not pay all that now can we put on back end, no. SPS told me not to worry applied for Morgage assistance that I was a great canidate. I said ok and applied and got all the required documents in asap. SPS would come back weekly asking for more documents, usually something I add already given them or explained. They asked me 10 times how much of the company I owed, I had written it on p & l and documents and it's on tax return 9 times before that. It felt, they were trying to push it out till I was so far under water that I could not pay the back Morgage if the modification was denied. I was finally totally reviewed and was denied for modification or repayment last week. I did an appeal it was denied with in 24 hours, saying this account is not available for appeal on modification. My loam is not owned by fredimac of frannymay, it is a private investor who says no. I don't feel SPS worked on my modification in good faith.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 780XX
Submitted Via: Web
Date Sent: 2021-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The summary judgment acquired by the bank must be set aside as a matter of law. sps contends that we do not have any merit to ur complaint. Unless you can't read english or incompetent, or have an IQ laser then 1 % then you would agree with sps. see attached motion. The judgment contains an increase on the loan amount. Taxes were not paid pursuant to XXXX stat. XXXX ( XXXX ), XXXX ( XXXX ) ( b ) on the loan increase rendering the judgment a void. sps never had any enforcement. The court does not have jurisdiction over the matter. See attached motion and take the necessary action. sps must be sanction.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I lost my job with the XXXX XXXX and I asked for a loan forbearance. I was In forbearance for XXXX months. I made sure to pay my taxes to make sure it doesn't go into a tax sale. They have no record of me making any payments during my forbearance. I came out of forbearance in XXXX and have been making my payments. I received a letter that they came up with a repayment plan. I have XXXX months to pay XXXX. What was the point of forbearance if they're just going to come up with solution that only benefits them? I called them and asked for an explanation why I was denied a deferral or loan modification. I was told " read the letter, it's self explanatory ''. I asked to talk to someone else and was told there is no one. So, I called back and asked if I could talk to someone and try to work it out..I was told there is no one to talk to. I asked for the lender 's name We can't give that information, we have to request it and mail it to you..they said " to be honest they don't care who you are and won't talk to you. '' SPS is the worst company. They only read the letter you have in front of you and offer no help. They can't give a detailed explanation of how they came up their decision. It's beginning to feel like a fraud, why help homeowners when we can foreclose on their home and make a profit. The XXXX XXXX XXXX XXXX isn't even up yet and it might be too late for many of us.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91301
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A