Date Received: 2021-10-29
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: We have been trying to refinance, with what we thought was a good credit record that has no missed or late payments for the past 25 months, no negatives on our credit report, yet was told today that our loan is showing a 50 year ( 600 month ) loan and the first three payments made when the loan transferred to SPS Mortgage on XX/XX/XXXX to XX/XX/XXXX not being reported to the credit bureau is stopping us from refinancing with any of the top mortgage lenders. We've disputed this with SPS various times before with they're response for the 3 missed payments being a litigation filed. There was an initial court filing but was soon withdrawn by the attorney because he did not want it stand in the way of us refinancing. SPS response to them not reporting the first three months was because of a litigation. The litigation was soon after removed but they refuse to correct the reporting to show that we have made consistent and on time payments. Concerning the 50 year term. That does not exist for our loan, we were told to look at the Note for the loan that dated XXXX that is the same date of the loan they list on the credit reports. That loan was an 30 year XXXX XXXX loan and that a mortgage Servicer follows the Note, which as they listed would be the one dated XXXX which is the same year of the Deed. The prior ( to SPS ) mortgage servicer also listed the date of the loan as XXXX, but they reported the terms accurately of being a 30 year loan ( 360 month ). There was a loan mod, that changed things to a 40 year loan, but Servicers follow the Note as what the prior Mortgage servicer did because it also referenced the loan by the 2005 year date. Every time we applied to refinance we were told that the 50 years term makes our loan look really bad and that it should not be on the credit report because there is no NOTE to support it. The year of XXXX and the original loan amount of {$190000.00} that SPS reports for the loan should also include the original terms that properly represent the loan that is 30 year fixed. I have attached both documentation to both problems.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20748
Submitted Via: Web
Date Sent: 2021-10-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I requested my transaction statement, after sending a payment for my escrow because my mortgage balance had not changed after the payment. In fact, my mortgage has not changed since I purchased my home in 2008. Where is my funds and where has my past payments been applied to? I have a conventional loan with no interest only loans.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: DC
Zip: 20019
Submitted Via: Web
Date Sent: 2021-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-28
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: In response to the initial complaint ID : XXXX I do not comprehend how the CFPB continuously closes the complaints immediately after a company responds without any wherewithal as to what the company is responding with. Not only did the company NOT address the issue, they responded w/ false, deceptive and misleading information an action taken by an individual who engaged in a violation pursuant to 15 USC 1692e. I demand to have the complaint reopens and actually looked over. I specifically requested the FULL assignment of mortgaged from onset until now. That means from the very first assignment until the current one. XXXX XXXX XXXX XXXX , XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE OF XXXX XXXX XXXX did NOT hold the assignment of mortgage at the time the complaint was filed for foreclosure. Supreme Court 3.1 Standing states the the burden of proof is placed upon the plaintiff at all times. The Plaintiff but demonstrate standing at ALL TIMES throughout litigation from the initial complaint until summary judgement and can be challenged at anytime. At the time the foreclosure complaint was filed, XXXX XXXX XXXX XXXX , XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE OF XXXX XXXX XXXX states that THEY in fact were the holder, an action taken by an individual who engaged in a violation pursuant to 15 USC 1692j ( a ) as they created a deceptive form and pursuant to 15 USC 1692e for false, deceptive and misleading information. Furthermore, SELECT PORTFOLIO SERVICING, INC. as attorney in fact for XXXX XXXX XXXX , XXXX continues to add the assignment of mortgage held by XXXX XXXX XXXX , XXXX from XXXX ( recorded in XXXX ) as evidence when in fact, they should be submitting and showing proof of when XXXX XXXX XXXX , XXXX gained BACK the assignment of mortgage. By submitting documentation that XXXX XXXX XXXX , XXXX held the the assignment of mortgage in XXXX, SELECT PORTFOLIO SERVICING, XXXX as attorney in fact for XXXX XXXX XXXX , XXXX, is inadvertently stating that SINCE XXXX, XXXX XXXX XXXX , XXXX has been the SOLE holder of the assignment of mortgage until they sold/transferred/etc to XXXX XXXX XXXX XXXX , XXXX XXXX NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE OF XXXX XXXX XXXX in XXXX of XXXX. There is documented evidence, not only in the county records but also in my possession that that proves that statement is 100 % false. In addition to, XXXX XXXX XXXX XXXX , XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE OF XXXX XXXX XXXX, just XXXX MONTHS after gaining control over the assignment of mortgage, sold/transferred et. BACK to XXXX XXXX XXXX , XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX also stated that XXXX XXXX XXXX, XXXX held the assignment of mortgage at the time of the complaint. So again an action taken by an individual who has engaged in a violation pursuant to 15 USC 1692j ( a ) and pursuant to 15 USC 1962e. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX also committed fraud and an action taken by an individual who engaged in a violation pursuant to 15 USC 1692j ( a ) and is held liable pursuant to 15 USC 1692j ( b ) by stating that FIELDSTONE MORTGAGE COMPANY was the ORIGINAL CREDITOR when in fact, XXXX : XXXX was the original creditor pursuant to 15 USC 1692a ( 4 ) as she extended HER credit in order to credit a debt. All four of these DEBT COLLECTORS, SELECT PORTFOLIO SERVICING, INC. XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX , XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE OF XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX are all acting together to commit fraud against XXXX : XXXX a consumer pursuant to 15 USC 1692a ( 3 ), XXXX : XXXX, a consumer pursuant to 15 USC 1692a ( 3 ) and the original creditor pursuant to 15 USC 1692a ( 4 ) and the UNITED STATES.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have been trying to decease my mortgage principle monthly along with mortgage payments. I have went into my bank XXXX XXXX and with a bank officer. Sent a cash payment of $ XXXX {$420.00} for me, as a cash transfer to Select Profolio Servicing to apply to my unpaid mortgage. this was in XX/XX/2021. It is XX/XX/2021 and they still have not applied this payment to my unpaid balance. They tell me they have a turn-aroung of 14 days it has been almost a month. They told me eariler in a call they did not have enough people working in the department to do the work. They have given me every kind of excuse they want to keep from applying payments to my unpaid mortgage. I intend to open a checking account speifically for payments to be maded from it, to apply to my unpaid mortgage balance. I need CFPB, to monitor these payments for me so that this mortgagae company will apply these payments as specified for me. I NEED YOUR HELP!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
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: 2021-10-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing is charging Illegal " Property Inspection '' charges on mortgage account. We have paid on time and proved via SPS Payment History showing all payments current and never paid late. Enclosed is our SPS mortgage statement dated XXXX XXXX XXXX for our next payment due XX/XX/XXXX. This statement has a " Property Inspection '' charge of {$40.00} that is illegal under XXXX XXXX servicing Section 9202.3 that is only to be charged in the event of mortgage delinquency. We requested SPS payment history which was provided from XXXX to current due XXXX XXXX XXXX. It clearly shows no delinquent or late payments. This is exactly how XXXX XXXX mortgage, our prior servicing company, started to harass us and lead to XXXX XXXX not crediting our mortgage payments and charging late fees and escrow payments increased. We will not be harassed by another mortgage servicing company charging ILLEGAL FEES to steal money from homeowners. We want a stop to this ILLEGAL actions by Select Portfolio Servicing immediately and CFPB take action to stop them and file civil actions against them if warranted.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 19438
Submitted Via: Web
Date Sent: 2021-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/2021, I have experienced financial hardship and was unable to make my monthly payments. On XXXX XXXX, I contacted SPS and applied for mortgage assistance program. From XXXX XXXX to XX/XX/2021, I have been repeatedly sending the same documents and SPS refuses to review the documents, or stalling for time to review my documents. I have been in compliance and SPS lender has been negligence in reviewing my mortgage assistance documents appropriately. I am requesting an investigation on this matter. Thank you, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33556
Submitted Via: Web
Date Sent: 2021-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have a XXXX XXXX loan issued in XXXX. I requested a COVID forbearance allowed under the federal CARES Act. The forbearance was granted by the prior mortgage servicer who recognized the account as a federally backed loan and subject to the CARES Act. However, when the mortgage was transferred to a new mortgage servicer in XX/XX/XXXX the new servicer denied further forbearance stating the account was not a federally backed loan and not allowed CARES Act considerations. I repeatedly contacted the servicer in attempts to get them to manage my account as a federally backed mortgage. Finally, because of a dispute filed with the company 's dispute center, I received a response on XX/XX/XXXX that included information the account was being serviced as a Government Sponsored Enterprise ( GSE ) loan. However, the mortgage servicer had already ILLEGALLY begun foreclosure procedures on XX/XX/XXXX still denying the CARES Act protections and has charged my account for expenses related to the illegal foreclosure proceedings.. Yet, the mortgage servicer still has not acknowledged the error in it's managing my account nor removed my account from foreclosure status and refuses to remove the associated expenses charges from my account per a dispute center response from the company on XX/XX/XXXX. After several more attempts in XX/XX/XXXX with the relationship manager assigned to my account the mortgage servicer finally offered a loan modification option but continues to deny the CARES Act option of deferral of the forbearance amount. Per CFPB guidance and federal legislation a deferral is intended for those who can resume the established mortgage loan payment while a loan modification is intended for those who need a payment reduction. I've stated that I can resume the established payment. The loan modification offered by the mortgage servicer actually INCREASES my mortgage payment. The mortgage servicer is using the threat of foreclosure to force me into accepting illegal options and illegal expenses. I want the mortgage servicer to 1 ) place my forbearance amounts into a deferral to be paid at loan ending, 2 ) remove my account from foreclosure status, 3 ) remove all expenses associated with foreclosure proceedings including advances, home inspections, attorney fees, etc. and 4 ) bring my account current so that I may resume making the established monthly payment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 27520
Submitted Via: Web
Date Sent: 2021-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This has by far been the worst mortgage loan servicer I have ever worked with ( Select Portfolio Servicing , Inc. ). They misapplied extra principal payments on my 2nd mortgage account multiple times and after 4 calls ( one about every 3-4 weeks ) after selling our home ( and the loan now being paid in full ) I still have not been able to get them to properly classify the extra month of principal payment ( rather than being applied as an unapplied payment and then moved to a future month interest payment. My monthly principal and interest payment was {$250.00} and I was paying an extra {$300.00}. This {$300.00} payment was made on XX/XX/XXXX and was treated by their " cashiering department '' as a payment due in a future month and their online site/mobile app showed that I didn't have a payment due until XX/XX/XXXX. My loan was paid in full as of XX/XX/XXXX and after 4 calls, I still have not made any progress with them. When I call, they say that my account has been paid in full and they can't find my account number. I have been on the phone for around an hour each time. It is beyond frustrating to waste so much time and get nowhere with these people. Even their managers just say that their " cashiering department '' is way behind and it will be another 3-4 weeks each time for them to respond or look into my request. I hope someone in a regulatory position can investigate this company for their unfair and likely illegal business practices to treat additional principal payments as interest and hold onto it and close out accounts that are paid in full upon sale/closing proceeds being paid to the lender to pay the balance in full. It is also noteworthy to mention their extremely poor customer service as I have never received a phone call, email, or letter explaining anything after my repeated calls to request them to look into their issues with how they account for additional payments even after their customers call them to look into issues.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 483XX
Submitted Via: Web
Date Sent: 2021-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hi, I am the holder of a XXXX XXXX mortgage and was denied modification several times until I reached out to you. I was hit with laugh fees and put into a balloon mortgage. How can I become part of the class action suit. Sent from my XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33319
Submitted Via: Web
Date Sent: 2021-11-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I was a few months behind on mortgage when Covid hit. After covid I offered the mortgage company full payment for behind payments with Covid payments deferred to end of the loan. They denied my offer even though CFPB indicates they should make an effort to work with Covid impacted residents.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07731
Submitted Via: Web
Date Sent: 2021-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A