Date Received: 2021-09-08
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: This complaint serves as a Notice of Error for failing to acknowledge or upload Probate Documents ( Loan # XXXX ) so I XXXX XXXX, heir to the decease ( mother ) XXXX XXXX XXXX can be provided information or documents on mortgage. SPS refuse to provide me any information until I am identified as " successor in interest " which I already had provided on XXXX XXXX XXXX. SPS is now requesting the same documents that has already been provided and will not provide my any mortgage information. In addition I have also uploaded my mother 's death certificate and my XX/XX/XXXX correspondence. On XXXX XXXX XXXX Select Portfolio Servicing, Inc received requested documents such as probate documents of XXXX XXXX XXXX Estate. The email dated XXXX XXXX XXXX to Select Portfolio Servicing, Inc included the Adjudication of Probate which has also been filed with the Recorder of Deeds at the LT. Governors Office in XXXX XXXX XXXX, Adjudication ( Probate ). In addition, I included in the email the Order of Default of cosigner and executor of the estate and the Order vacating Default of XXXX XXXX. A letter dated XX/XX/XXXX was sent to my address requesting the same documents ( Adjudication of Probate ) that I uploaded to Select Portfolio Servicing via email ( see attachment ). I am requesting Select Portfolio Servicing correct the error to include my Adjudication of Probate on file. Also I am requesting that Select Profolio Servicing identify me as the successor of interest since the requested documents have been provided and I am the sole heir that can assume and be further responsible for this loan. In addition, I would like to clarify Consumer Financial Protection Bureau ( CFPB ) rules adopted under the Garn-St. Germain Act which list the transfers of real property is excluded from enforcement of a contractual due on sale clause. The protected transfers include a transfer to a relative ( heir of XXXX XXXX XXXX ) resulting from the death of a borrower, since the cosigner and executor defaulted. Acquired property by this kind of transactions, I XXXX XXXX have the full complement of rights under RESPA and TILA. Since, I XXXX XXXX XXXX complied within specified time frames, and you have in your possession all relevant documents that are needed to confirm that I am the person making the request, I am a protected successor. I am hereby invoking my rights to get information, request transfer the loan, dispute errors and have payments properly credited. I am requesting Select Portfolio , Inc certified me through the documents received on XXXX XXXX XXXX as the homeowner of the property. Since the requested documents were provided, I should be entitled to protections relating to assuming the mortgage or other loss mitigation disputing rights, monthly statements, escrow accounts, servicing transfers, and other rights afforded by TILA and RESPA as a home mortgage borrowers. Please note, under the new rules expand the definition of a borrower for purposes of RESPA, and consumer for purposes of TILA, to include a confirmed successor in interest. 12 C.F.R. 1024.31 ( eff. XX/XX/XXXX ). Successor in interest is defined as coextensive with transfers listed in the Garn-St. Germain Act after which a due-on-sale clause may not be exercised Select Portfolio Servicing, Inc has erred by not filing the Adjudication of probate, placing XXXX XXXX as successor of interest XXXX not proving the requested documents to review the account of my deceased mother XXXX XXXX XXXX and provide loss mitigation options such as or assuming the mortgage under the Garn-St. Germain Act. By copy of this Notice of Error, I am once again requesting that Select Portfolio Servicing, Inc provide the above listed documents
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Dear CPFB, I am writing a complaint in regards to my mortgage servicer Select Portfolio Servicing, ( SPS ) and the owner of my loan XXXX XXXX XXXX XXXX, as Trustee, on behalf of the registered holders of XXXX XXXX XXXX XXXX XXXX XXXX. I owned XXXX XXXX for 23 yrs. I was forced to close my business due to Covid in XX/XX/XXXX. I was devastated! We had to depend on only my husbands income which was really rough. I found out I was able to apply for unemployment even though I was self employed. That gave us a little relief. The XXXX on us was unimaginable. Then my husband lost his job do to Covid and we had no clue what we were going to do. I had started working at a XXXX XXXX, and was able to work there for 3 months until they were required to close because of Covid. At that time I was only able to qualify for 1 month of unemployment. My husband is high risk for covid and by his Dr orders he was to unable to work until he was vaccinated, so he was still unemployed. The XXXX from this caused him other XXXX and XXXX XXXX. He was diagnosed with XXXX XXXX, and attempted to XXXX XXXX XXXX. I thank XXXX it didnt work! Through all of this, I used my savings to pay my mortgage pmt. Ive never missed a pmt. During this time SPS sent me an email stating I had been approved for mortgage assistance. I contacted them asking about their plans. I was told it was the same plan as the government backed forbearance plans being offered to help Americans keep their homes. They offered to lower my {$1300.00} pmt to {$450.00}. I was concerned how the difference would be repaid when the forbearance was over. I was told by SPS that they would do some type of modification if i did not have the funds to bring my account current, they would not make me loose my home. I agreed to start a forbearance plan, my first pmt being made on XX/XX/XXXX for $ XXXXThey told me when that plan ended if i needed further assistance to contact them. I did just that, and contacted them saying I still needed help so they put me on a second forbearance plan starting in XXXX XXXX for {$900.00}. On XX/XX/XXXX I made my first pmt of {$900.00}. I was told I wasnt required to make a pmt in XXXX but it would be good if i could pay something. On XX/XX/XXXX I made a pmt of {$900.00}. I did everything they suggested to show I did not want to loose my house. I have not gone a month without paying. In XX/XX/XXXX my forbearance ended and I was to start making my regular monthly pmt. Back In XX/XX/XXXX I filled out an application for assistance for the balance due {$12000.00} from my forbearance. I knew starting in XXXX my total amount would become due. I knew it would be tight but I could make my regular pmt but I did not have the {$12000.00} they were asking for. I was assured by SPS that they would work with me, they wouldnt force me to loose my home. On XX/XX/XXXX I received a notice of decision from SPS stating ; congratulations I was approved for a repayment plan of {$1000.00} monthly being added to my regular pmt amount, bringing my pmt to {$2300.00} a month. XXXX!!!??? I immediately contacted them and said there was no way I could afford that. I again was told not to worry, I would re apply for a different program, and not to pay the additional {$1000.00}, just pay my regular pmt. Thats what I did. I again applied in XXXX for help and on XX/XX/XXXX was told I did not qualify. these are their exact words ; SPS trial modification plan : We were unable to offer you this program because the net present value ( NPV ) results showed that the modification was Not IN THE FINANCIAL INTEREST OF THE INVESTOR WHO OWNES YOUR LOAN. To perform the NPV calculation, we used a formula similar to the one used by the Dept. of the Treasury in the Making Home Affordable Program. This formula required us to input certain financial information about you and your account, ( they never asked me for any of my financial info ) including the factors listed in the attached chart. When combined with other data in the formula, these inputs resulted in an estimate of the RETURN THE INVESTOR WAS LIKELY TO RECEIVE IF THE ACCOUNT WAS MODIFIED, AS WELL AS AN ESTIMATE OF THE INVESTOR 'S RETURN IF THE ACCOUNT WAS NOT MODIFIED. The NPV of my home shows its worth {$650000.00} and my loan balance is around {$240000.00}!! I have plenty of equity in my home to modify it but theyre saying they want to profit form my circumstances!! I continued to apply for all of their other programs even the unemployment one, however my husband who is unemployed is not on the loan so I was denied that too. I have been continuing to contact them and with help from their associates reapplying for a modification and keep getting denied, even their associates dont know why i keep getting denied. They said they have a similar formula the government uses for government backed loans to make my home affordable thats XXXX!! Housing priced have skyrocketed and because they are a private lender they want to take my home so they will make money by putting my family on the street! Its simple they want to profit from this situation and put a family on the street!! I didnt do anything to deserve this! I couldnt help everything that happened because of Covid!! I have done everything they have asked of me! Because Housing has skyrocketed, there is no way I can purchase another home, there is NOTHING to rent. Utah is a high state of transmission for Covid, being out on the street will just make it worse, especially since my husband is high risk! Now they sent me a short sale acceptance form even though I have continued making my regular monthly pmt and they still wont help! As of XXXX there are XXXX XXXX people in forbearance plans, at the end of XXXX XXXX of those will be exiting forbearance. Only XXXX have some type of modification to move forward! This is what was written in the CFBP XXXX pg 4 & 5. There is something that has to be done or our homless population is going to be unmanageable and Covid spreading even more while the private banks make money, THATS WRONG!!! The last thing I received from them was a letter giving me the infor for the owner of my mortgage. they suggested I contact them and ask why this is happening. Thats when I contacted a HOD counselor for help, and filed this complaint. Attached will be all my documents from my lender. PLEASE something HAS to be done!! Also my account hasnt been reporting to the credit bureaus. it doesnt even show on my report that I have a mortgage. Thank You, XXXX XXXX XXXX my apologies if i sent duplicate downloads, i wanted to make sure everything was there.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84095
Submitted Via: Web
Date Sent: 2021-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I applied for a covid deferment and was approved for 12 months and was told at that time that there would not be an increase in the principal owed. I resumed payments after 7 months. My latest statement shows a penalty at {$8000.00}. I was not aware of any penalty for accepting help for covid. I was not aware that it was allowed by law. I was assured that there would not be any extra charges before I agreed to the deferment. I asked a supervisor to make sure and was told that I had correct information. My mortgage was {$160000.00} and now is {$160000.00}. I can't understand how this company can lie and actually steal money from victims of the pandemic.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33756
Submitted Via: Web
Date Sent: 2021-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Back in XXXX of 2020 my family was affected by the pandemic XXXX. We lost family members and we are about to loose our only home. My income came back and now im ready to resume payments. Please help me keep my home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 925XX
Submitted Via: Web
Date Sent: 2021-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: They told me about the pandemic forbearance option and now we behind 11 months. My family was affected by the pandemic and we lost several family members because of that. Also, My husbands income stopped because of the pandemic. Now, we are back to work and ready to resume payment but out lender SPS refuse to work with us. They denied us for the deferral and the modification option and they want us to pay everything at once. Please, Help us!! is out only home. Loan : XXXX Property : XXXX XXXX XXXX XXXX CA XXXX Homeowners : XXXX XXXX & XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91325
Submitted Via: Web
Date Sent: 2021-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This is about dispute with my mortgage company Select Portfolio Servicing , Inc . XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX, Tel : XXXX. The account number is # XXXX. Throughout this ordeal I have kept SPS regularly informed and emailed and efaxed them all the related documentation.In short it is about XXXX County 's offer, due to the pandemic, to postpone payment of property tax for 90 days without penalty, a problem on their end when their computers anyway charged the penalties, a series of instructions not to pay the penalties, and SPS 's decision to anyway pay the penalty ( which I had anyway already paid ) and begin to impound or escrow property tax to punish me. 1. I own a home located at XXXX XXXX XXXX XXXX, XXXX CA XXXX. 2. I have the property tax due in XXXX and XXXX of every year and I pay in a timely manner. 3. I do not remember ever being required to escrow insurance or property tax. 4. In XX/XX/XXXX the State of California issued rules to " shelter in place. '' There was chaos everywhere because of COVID. 5. Exhibit 1- XXXX County told us we could pay our property tax bill due XX/XX/XXXX ninety days late without penalty. 6. Exhibit XXXX XX/XX/XXXX - My request to take advantage of the 90-day moratorium was approved by XXXX County. 7. Exhibit 3- Despite this, XXXX County reported my property taxes delinquent and a penalty of {$1700.00} was assessed. I spoke with my County Supervisor and was told not to worry. I would not owe the penalty assessed because my request to defer payment for 90 days without penalty had been pre-approved in writing. Everyone in XXXX County was having the same problem. 8. Exhibit 4 - on XX/XX/XXXX - I paid the property tax bill of {$17000.00} which had been due on XX/XX/XXXX. 9. Exhibit 5 XXXX - XXXX County asked all homeowners not to " be alarmed if we receive a notice and see penalties. " It does not mean we have rejected your request. 10. Exhibit 6 XX/XX/XXXX - Official email from XXXX County that it may take up to 90 days to make all necessary account updates. 11. Exhibit 7 - XX/XX/XXXX At the request of my County Supervisor XXXX XXXX, Public Service Division, XXXX County Treasurer and Tax Collector again confirmed in writing I did not owe the late penalty. 12. Exhibit 8 - XX/XX/XXXX - Under extreme pressure from SPS, although I have been told by XXXX County not to pay the penalty, I pay the penalty of {$2100.00}. 13. Exhibit 9 - XX/XX/XXXX Mr. XXXX again confirms I paid the penalty and interest to avoid issues arising from your mortgage company who were unwilling to wait for the property tax office to cancel the penalty. 14. Exhibit # 10 XX/XX/XXXX 7 days after I paid the penalty and informed SPS , SPS informs me they have also advanced funds on behalf of the delinquent taxes due to the urgency surrounding those tax payments. Because I paid and they paid, the account now has a positive credit. 15. Exhibit # 11 XX/XX/XXXX SPS informs me they have again received copies of correspondence related to the fact that XXXX County accepts full responsibility and that I have anyway paid. 16. Exhibit # 12 XX/XX/XXXX Despite the fact that SPS knows that I paid the penalty, that XXXX County said I should not pay, they inform me they are impounding property tax going forward. 17. Exhibit # 13 XX/XX/XXXX SPS will review my request and get back to me in 30 days. 18. Exhibit # 14 XX/XX/XXXX Mr. XXXX writes yet another letter confirming that they will be refunding SPS and me the full amount paid by each of us. 19. Exhibit # 15 XX/XX/XXXX Despite the above, on the Customer Dashboard related to my mortgage, there are six boxes. Box 6 ( bottom left ) is labeled escrow-taxes. It states that the current escrow balance is $ XXXX, that the new monthly escrow will be {$2900.00}, the next installment is due on XX/XX/XXXX and installments have been paid in Semiannual unequal intervals or amounts. Thank you for helping me resolve this.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91361
Submitted Via: Web
Date Sent: 2021-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We receive foreclosure documents from SPS and their attorney XXXX XXXX XXXX again on XX/XX/2021. This happened 16 months ago. We sent them a letter and documentation stating that they did not have the rights to the property could not to foreclosure on it. We also stated that the loan was satisfied. Now again they have a sell-for date for XX/XX/2021. This came completely out of the blue and with no communication ( other than that letter ) for 16 months. We believe this foreclosure is illegal for two reasons. This long loan was satisfied years ago. We continue to pay on the loan even after it was satisfying because we were not informed that it was. Would like to know where those payments went. We also believe that they don't have the legal right to foreclose the loan because of improper paperwork. They discount these facts as a red herring or us trying to just cause problems with the loan but we believe rule of law is important and proper documentation is crucial and these matters. We believe that because they are not the proper servicing agent is the reason it has been so hard to get verification and documentation. When we do receive documentation sometimes it's different from what they sent the time before and sometimes it's different from what was recorded with the county. We feel that there have been strange things going with This file. Every time we ask for clarification we have been sent to or contacted by departments that the regular departments could not identify. To use an old adage we feel we are being railroaded mainly by XXXX as the server of the loan. We are afraid of losing our home and all the equity in it. We believe that the loan was satisfied essentially twice. We demand that this foreclosure be stoped and this loan reconveyed now. XXXX and XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84092
Submitted Via: Web
Date Sent: 2021-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The Foreclosure memorandum i California ended XX/XX/2021 Select Portfolio Services clearly didn't follow the Foreclosure memorandum by sending my account to a foreclosure lawyer on XX/XX/XXXX I tried to make a house payment and they took the last two I gave but they denied me access to my online account to make a online payment I also called and the woman I spoke to told me i could no longer make payment my mortgage has been sent to a lawyer his mortgage server should not be allowed to practice in California for not not following the mandated State rules. They are trying to steal my house while breaking the law by sending it my mortgage to a lawyer on XX/XX/2021 My HUD representative said they are not following the California Foreclosure memorandum nor trying to work with their customers who have been affected financially by the Covid epidemic My HUD councilor told me to tell them if they would be patient and wait for Covid mortgage relief assistance I told her I seriously doubt they want to help anyone I tried in good faith to make my house payment and they denied me WHAT DOES THAT TELL YOU???? THEY ALSO TOOK IT UPON THEMSELVES TO PURCHASE HOME INSURANCE WITHOUT EVEN ASKING ME IF I HAD MY OWN ALREADY THEY JUST WANT TO ADD MORE MONEY TO MY ACCCOUNT
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92683
Submitted Via: Web
Date Sent: 2021-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-07
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I paid y HELOC on XX/XX/XXXX, and get at least 5 phone calls a week from the company regarding the account saying I owe for the month of XXXX. I called and told them the date my account was debited, never had issues before, they responded by telling me I need to contact my bank, ( but my account shows the bank did nothing wrong ) and find out where the payment is. They asked me to send them a bank statement but my bank statement is none of their business as it contains much more than one transaction to their company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2021-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: SPS select portfolio servicing loan is delaying my mortgage statement for three months and has billed me for late payment fees and I have never been late or missed a payment. This has given a hit on my credit report for providing falsifying information. My payments has been timely and never late for the 18 years and I will not be forced to sending monthly check payment.Today is XX/XX/2021 and I have not received any XXXX statement and I have already mailed the bill as noted and provided the check date.i am an federal employee and I do not need bad, lying reports on my credit history. With a complete investigation it will be determined that this servicing company is attempting to defraud its consumer by reporting falsifying information.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38016
Submitted Via: Web
Date Sent: 2021-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A