Date Received: 2021-11-11
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: this account with XXXX was in a bankruptcy that was dismissed when the bk was dismissed I sent in the payment to pay in full how XXXX is showing i was 180 days late and 150 late... also they're reporting old late pays that should of been removed from credit... I want to to update my credit report or show when my bk was dismissed versus when I paid in full
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 21001
Submitted Via: Web
Date Sent: 2021-11-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing Inc ( SPS ) made an error by scheduling and/or participating in scheduling and/or effecting the scheduling of the foreclosure sale of subject real estate property for XX/XX/XXXX, in violation of RESPA 1024.41 ( f ) ( 3 ) Temporary Special COVID-19 Loss Mitigation Procedural Safeguards. RESPA 1024.41 ( f ) ( 3 ) ( ii ) ( C ) ( 2 ) require that : The servicer sent the written notice required by 1024.39 ( b ) at least 10 days and no more than 45 days before the servicer makes the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process ; SPS allowed only eight ( 8 ) days between XX/XX/XXXX and XX/XX/XXXX letters cited below, not minimum ten ( 10 ) days as required by RESPA 1024.41 ( f ) ( 3 ) ( ii ) ( C ) ( 2 ). On XX/XX/XXXX SPS sent us an Early Intervention Notice letter as required by 1024.39 ( b ). ( See attachment # 1 ) On XX/XX/XXXX, XXXX XXXX, alleged attorneys of the purported mortgage holder XXXX XXXX XXXX, as trustee, on behalf of the holder of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Series NC XXXX Asset Backed Pass-Through Certificates, Series NC XXXX XXXX ( XXXX XXXX. as trustee ) sent us a Notice of Intention to Foreclose ( see attachment # 2 ) On XX/XX/XXXX SPS, as alleged servicer for the XXXX XXXX. as trustee, sent us a Foreclosure Sale Date Notice ( see attachment # 3 ), a letter informing us about the XX/XX/XXXX scheduled foreclosure auction of our property. On XX/XX/XXXX we sent a Notice of Error to SPS ( see attachment # 4 ) asking for full investigation and correction of the above error, as well as cancelling the XX/XX/XXXX foreclosure sale of our property.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 01002
Submitted Via: Web
Date Sent: 2021-11-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hello I have spoken with SPS and informed them I am selling the property and I am impacted under the Covid 19 and requested and extension on my Forberance and I have been making my Forberance payments every month. Instead SPS sends me threatening lets and have not ignored my request and communication and continued to harrassed me when I am trying to get support and SPS sends me threatning correspondences. Calls me all times of the night and day and I am already sick.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60617
Submitted Via: Web
Date Sent: 2021-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have requested and extension for my Foreberance plan because I have been impacted under the Covid 19 and SPS continues to harass me sending me threaten letters call me all times of the night and refused to acknowledge my right to request and extenson under President Biden Cares Act.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60617
Submitted Via: Web
Date Sent: 2021-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: NOD filed XX/XX/XXXX, Notice of trustee sale scheduled XX/XX/XXXX Ive spoken several times to express I want to keep my home. I am experiencing hardship due to COVID, requested consideration for loan forbearance, modification. I was advised recently to submit additional documents which I did. I requested an additional forebearance to XX/XX/XXXX as per XXXX XXXX. Was advised my loan investor was not XXXX XXXX. Directly sent documents I received from servicer of XXXX investor. Was told hed forward it. On XX/XX/XXXX recd acknowledgment from servicer of XXXX XXXX investor. This is dual tracking. I should have been eligible any assistance XXXX XXXX affording it borrowers affected by COVID. Please help. I have never been able to speak to contact listed on letters. One individual didnt realize california non judicial state, told me courts are backed up. Please help
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92630
Submitted Via: Web
Date Sent: 2021-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Hi, Our mortgage foXXXX XXXX XXXX XXXX XXXX were transferred to a different service provider. First we were with XXXX and then moved to SPS. We got notified from XXXX of the transfer, account was supposed to move to SPS from XX/XX/XXXX. But on XX/XX/XXXX we received a letter for " Notice of Default - Right to Cure ''. This letter to send to both the home address and tenants were confused and worried about it. I had to reassure them that we are paying mortgage on time and house will not be taken over by bank. I have had multiple homes over last 15 years and had numerous refinances done. Always when service provider is changed and loan moves to new bank, they give you 60 days to setup payment and send statement and call if we had not setup payment before anything like this is done. We have never received anything like this before. Also, its been just a month exactly from XX/XX/XXXX to XX/XX/XXXX, from the time the loan was transferred to when the notice was sent. When I received the statement in XXXX last week, I setup the account online and I sent the payment for XXXX on XX/XX/XXXX and also setup auto payment on XX/XX/XXXX. I am worried about what was the reason to send this notice to take over the house within a month on loan transfer? They didn't even give us time to make first payment and setup auto pay. I have never missed a mortgage payment in all these years with any loans. I am filing this complaint so you can check on them and let them know what they did is wrong. I want to make sure, they don't do anything like this going forward and try to take over the property illegally. Please address this issue, I really appreciate CFPB being there to protect common man. Thanks.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We had a temporary loan modification with Covid 19. We requested a updated loan modification before our modification was up. They said we did not qualify for a new modification ( they never asked for any financial information from us on our jobs or anything. Just sent us a letter saying our options were repayment plan. The first payment was due and I posted the payment. Them they sent a letter stating they withdraw the repayment plan because I didnt pay it by the due date. When I called I asked if I could post the payment for the end of the month. They told me I have no other options
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93907
Submitted Via: Web
Date Sent: 2021-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We paid off our home loan on XX/XX/2021. We have not as of XX/XX/2021 received our escrow funds which are approximately XXXX We contacted company and they said, " check was mailed '', we never received it. We have a locked mailbox and have had not issues with receiving other mail. We started attempting to get this resolved in XXXX and have had a series of calls, maybe 4 or 5 at this point, where we have been informed they have to stop payment on check, ok... makes sense, and they need several more months to issue a new check... .really? Fact,1 ) Select Portfolio Servicing has sent us a letter confirming our loan, account number XXXX has been paid in full. Fact 2 ) SPS agrees they owe us the funds from our escrow account Fact 3 ) We have not been paid the funds Fact 4 ) .SPS is located in XXXX XXXX XXXX Utah Any assistance is greatly appreciated. Regards, XXXX XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98513
Submitted Via: Web
Date Sent: 2021-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-08
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Dear Sir or Madam, 1. SPS Account Number:XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me 30 days late on this account in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. I immediately disputed this information with SPS and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/XXXX XXXX : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77407
Submitted Via: Web
Date Sent: 2021-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX the Cares Act allowed me a mortgage forbearance. My loan was through XXXX XXXX and this forbearance was approved. XXXX had informed me that my loan was backed by XXXX XXXX ; however I have since learned that they were mistaken. The California Shelter in Place order required that I stop working, and during this time I was unable to pay my mortgage, and therefore continued my forbearance until what would have been reinstating payments on XX/XX/XXXX. Prior to XX/XX/XXXX, my loan was sold by XXXX XXXX to SPS Mortgage. In early XXXX I contacted SPS Mortgage and they asked that I fill out an Application, which I promptly did. During the month of XX/XX/XXXX I contacted SPS regularly, and was constantly told they had not received the required information, all of which I had provided. I resent all the information as requested. Finally I was told my loan was under review. I asked that my missed payments be added to the back of the loan. I heard nothing back and continued to contact SPS as to the status of my Application. On XX/XX/XXXX I attempted to make a mortgage payment, yet SPS denied me stating that the payment would apply to XX/XX/XXXX and not the XX/XX/XXXX payment and that my loan was still under review. During the month of XXXX until now, I have contacted SPS numerous times, each time being told yet again, they needed additional paperwork ( already provided ) that one page was blurry, to which I resent it. I was then told yet again, they had everything they needed and my loan was under review. I contacted them again and again they said the one page was blurry, to which I told them I provided an additional copy and was told it was clear and legible. They asked me to send it yet again. At this point, I do not know what to do. Prior to the Cares Act instating the Forbearance Plan and XXXX accepting my Forbearance, I had never been late on a mortgage payment and I have excellent credit. I have sufficient savings now to be able to resume payments, as they were prior to the pandemic. I only ask that the missed payments be added to the back of the loan. SPS recently said it was under review ( as they had stated twice before ), and that it could take a month to get back to me. I am being given the obvious runaround by this less than professional company that has no apparent desire to work with me. They continuously tell me one thing, and then another. No other company will refinance my loan without my making three payments, however, if I make three payments they will apply them to the XXXX missed payments which is not sufficient to refinance. I fear this company is stalling and is charging me late fees and penalties for the past two unpaid months, has no desire to remedy my situation, and is wanting to foreclose on my property. Again, I am able to resume payments as of XX/XX/XXXX. I would gratefully request that you help me to resolve this matter as quickly as possible. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94530
Submitted Via: Web
Date Sent: 2021-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A