Date Received: 2023-12-07
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: I complained about my escrow account being inaccurate since XXXX XXXX..I made complaints with Consumer Financial Protection Bureau and Department of Financial Protection . My biggest fear was our escrow account would be in a perpetual shortage because SPS initiayll had the escrow account correct when they became my mortgage servicer in XX/XX/. Then SPS did an incorrect analysis on my escrow account lowering my property taxes from {$18000.00} per year to {$2000.00} per year to {$9000.00} per year. I complained several times ... .I expressed that there was going to be a monthly shortage amount added to our mortgage that we would not be able to pay and we would lose our property .... MY BIGGEST FEAR HAS COME TRUE. SPS has increased our monthly mortgage amount over {$800.00} p0er month... We can not pay this. We just purchase our home and we are going to go into foreclosure due to SPS 's mistake ..... There has got to be something that can be done with this monthly shortage amount so that we do no go into foreclosure.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90732
Submitted Via: Web
Date Sent: 2023-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-07
Issue: Struggling to pay mortgage
Subissue: Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-li
Consumer Complaint: my husband fell ill with XXXX and we were in a current XXXX XXXX bankruptcy at the time and he ended up with several health problems which resulted in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and we fell behind on our bankruptcy payments but the entire time we were in bankruptcy their lawyers were filing for sherriff sales every 2 to 3 months which just kept racking up fees even our lawyer contacted them asking why after 2 years of consistent payments were they still filing continued sherriff sales and their lawyers got my motion for stay lifted and I have my current sherriff sale for XXXX I tried contacting the company for any kind of retention options and they refused to work with me they said they will only offer cash for keys and we have paid their lawyers close to XXXX just in fees and they have put much more on us and all we're asking for is some type of loan modification or something so we can save our home that we have lived at since XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 171XX
Submitted Via: Web
Date Sent: 2023-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-06
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I HAVE BEEN AFFECTED BY XXXX XXXX, I lost income, I lost work, and was ill numerous times from after XX/XX/XXXX, to Current XX/XX/XXXX. I am a single mother of a son who was under the age of XXXX years old during XXXX XXXX. In XXXX, Select Portfolio Servicing HAD NEVER offered me a Forbearance plan even when we were in a foreclosure moratorium and even when many people had been placed and offered forbearance. In XXXX of XXXX, SPS Never offered me a forbearance even though I HAD BEEN AFFECTED BY XXXX XXXX like millions of Americans. For the rest of the year of XXXX, SPS never mentioned a forbearance plan to me and they NEVER SENT ANY COMMUNICATION BY MAIL OR TO MY ONLINE ACCOUNT DASHBOARD REGARDING A FORBEARANCE. I WAS NOT AWARE OF THE DETAILS OF THE FORECLOSURE MORATORIUM AND WAS CONFUSED JUST AS MILLIONS OF AMERICANS WERE. IN XXXX, XXXX, XXXX SPS HAD AND HAS NEVER OFFERED ME A FORBEARANCE OR SENT ANY COMMUNICATION INFORMING ME OF SUCH PLAN AND DETAILS. I HAVE SINCE FILLED OUT RMA 'S AND HARDSHIP LETTERS AND SPS HAS CONTINUALLY NOT OFFERED ME A FORBEARANCE PLAN WHICH I HAD AND STILL CURRENTLY DESPERATELY NEED. IN XXXX, XXXX, AND XXXX, SPS HAS SENT ME CORRESPONDENCE INFORMING ME OF BEING LATE ON PAYMENTS AS EARLY AS JUST 60 DAYS BEHIND, YET THEY NEVER OFFERED ME A FORBEARANCE DURING XXXX, XXXX, XXXX, XXXX. THEY SENT ME LETTERS THREATENING FORECLOSURE WITHOUT GIVING ME A FORBEARANCE AND OR THEY DID NOT WORK DILIGENTLY TO PREVENT FORECLOSURE BY WORKING OUT A PLAN THAT WOULD WORK FOR MY SITUATION. DURING A FORECLOSURE MORATORIUM AND EVEN AFTER THE EXTENSION OF THE FORBEARANCE RULES SPS NEVER GAVE ME A FORBEARANCE OR OFFERED IT WHEN I DOCUMENTED THAT I WAS AFFECTED FROM XXXX XXXX AND HAD A HARDSHIP. I CONTINUE TO APPLY FOR HELP WITH SPS YET THEY HAVE NOT OFFERED ME THE NEEDED FORBEARANCE. I HAVE NUMEROUS EMAILS, EMAILS IN WHICH I HAVE DISPUTED AMOUNTS OF THE DEBT LISTED ON MY LOAN STATEMENTS. SPS HAS AMOUNTS LISTED THAT THEY ARE TRYING TO COLLECT FROM ME IN WHICH I HAVE CLAIMED I DO NOT OWE. THEY HAVE AMOUNTS IN ADVANCED FEES AND OTHER FEES THAT THEY HAVE NOT DISCLOSED TO ME EVEN AFTER I HAVE VERBALLY DISPUTED AND DISPUTED IN WRITING. I BELIEVE THEY ARE TRYING TO COLLECT HOA FEES THAT THEY HAVE PAID THAT I NEVER OWED AND ATTORNEY FEES FOR THEIR OWN ATTORNEY THAT THEY ARE NOT LEGALLY ALLOWED TO COLLECT. The collection of fees that I have disputed and fees that SPS is not legally allowed to collect is a violation of the FDCPA, Fair Debt Collection Procedures Act. SPS as a debt collector under this law, is not allowed to collect any attorney fees or unreasonable collection fees and they are not allowed to GROW a debt or collect above what the periodic monthly payment is as stated in the loan documentation. I have asked SPS To post payments I made to my monthly contractual payment ONLY, but in recent statements from XXXX, XXXX, it shows that SPS POSTED payments incorrectly, posted to disputed amounts, and posted to amounts not legally allowed to collect. I HAVE TO DATE APPLIED AT LEAST 4 TIMES FOR MORTGAGE ASSISTANCE WITH SPS SINCE XXXX, AND SPS HAS NOT IN GOOD FAITH OR DILIGENTLY WORKED WITH ME. AS PER THE COVID XXXX FORCLOSURE MORATORIUM RULES, PROVISIONS OF THE MORTGAGE SERVICING LAWS, THE RULES AND PROVISIONS OF THE CFPB XXXX XXXX RULES, REGULATION X AND REGULATION Z, SPS HAS NOT COOPERATED FAIRLY WITH ME REGARDING MY HARDSHIP DUE TO XXXX XXXX. ( LOST INCOME, LOST JOB, FINANCIAL HARDSHIPS, INCREASED BILLS, INCREASED FAMILY COSTS ). SPS IS CURRENTLY TRYING TO FORECLOSUE ON ME UNFAIRLY, WITHOUT HELPING ME WORK OUT A PLAN. THE CFPB RULE SAYS THAT A LENDER OR SERVICER CAN NOT START FORECLOSURE UNTIL AFTER THE LOAN PAYMENTS ARE 120 DAYS PAST DUE AND ONLY AFTER DILIGENTLY WORKING WITH THE HOMEOWNER ON ANY LOAN PLAN OR EXTENSION DUE TO PROLONGED XXXX XXXX HARDSHIP. I AM NOT MORE THAN 120 DAYS PAST DUE AND SPS IS TRYING TO FORECLOSE ON AMOUNTS THAT THEY ALLEDGEDLY ADVANCED THAT I HAVE FORMALLY DISPUTED WITH THEM. I SENT TWO PAYMENTS IN THE MONTH OF XX/XX/XXXX. ONE PAYMENT I ASKED TO BE POSTED FOR XXXX AND THE OTHER TO POST TO XX/XX/XXXX, HOWEVER THEY ONLY POSTED ONE PAYMENT TO XXXX AND DID NOT POST THE XX/XX/XXXX AS I REQUESTED OF THEM. THEY HAVE TAKEN MY PAYMENTS AND HAVE POSTED THEM TO AMOUNTS THAT ARE NOT LEGAL AND NOT CONTRACTURAL. I have sent SPS a formal letter informing them that I PAID HOA fees directly to my HOA. If SPS or the bank paid money to my HOA in addition to what I paid, then the HOA has collected money illegally from both SPS AND MYSELF the homeowner. I recently discovered that my HOA collected money from me illegally as I never owed the money to them. I have disputed any amount of HOA fees SPS might have paid illegally and I do not owe. I am not ordered to pay attorney fees to SPS for any of my efforts to obtain Mortgage assistance from XXXX. I request SPS, the bank ( XXXX XXXX XXXX ), to adjust my mortgage loan account and balance to only show my contract payment amount from XXXX which DOES NOT INCLUDE hidden attorney fee amounts that are illegal per Nevada Law , illegal per FDCPA LAW, and attorney fees that I do not owe. Any previous modifications from District Court Cases were awarded to me in my favor. Cases that I initiated and that were completed in my favor does not make me liable for SPS 's attorney fees PER NEVADA LAW. The Bureau is proposing amendments to Regulation X to assist mortgage borrowers affected by the XXXX emergency. As described in more detail in part II, the pandemic has had a devastating economic impact in the United States, making it difficult for some mortgage borrowers to stay current on their mortgage payments. To help struggling borrowers, various Federal and State protections have been established throughout the last 13 months. For example, the Coronavirus Aid, Relief, and Economic Security Act ( CARES Act ) 1, which was signed into law on XX/XX/XXXX, provides up to 360 days of forbearance for mortgage borrowers with federally backed mortgages2 who request forbearance from their servicer and attest to a financial hardship during the XXXX emergency.3 In addition, in XX/XX/XXXX, the Federal Housing Finance Agency ( FHFA ), Federal Housing Administration ( FHA ) , Department of Veterans Affairs ( VA ) , or Department of Agriculture ( USDA ) announced that they were expanding their forbearance programs beyond the minimum required by the CARES Act for a maximum of up to 1 The Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136, 134 Stat. 281 ( 2020 ) ( CARES Act ). 2 The CARES Act defines a federally backed mortgage loan as any loan which is secured by a first or subordinate lien on residential real property ( including individual units of condominiums and cooperatives ) designed principally for the occupancy of from one-to-four families that is insured by the Federal Housing Administration under title II of the National Housing Act ( 12 U.S.C. 1707et seq. ) ; insured under section 255 of the National Housing Act ( 12 U.S.C. 1715z20 ) ; guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z13a, 1715z13b ); guaranteed or insured by the Department of Veterans Affairs; guaranteed or insured by the Department of Agriculture ; made by the Department of Agriculture ; or purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. CARES Act section 4022 ( a ) ( 2 ), 134 Stat. 281, 490. 3 CARES Act, supra note 2, 4022, at 490-91. 3 18 months of forbearance for borrowers who requested additional forbearance by a date certain.4 Through its mortgage market monitoring, the Bureau understands that servicers of mortgage loans that are not federally backed may be offering similar forbearance programs to borrowers. In addition, FHFA, FHA, USDA, and VA extended Federal foreclosure moratoria until XX/XX/XXXX. 5 The Bureau is concerned that a potentially unprecedented number of b Effective Date and Related Updates. The effective date of the Final Rule is XX/XX/XXXX, and as further detailed below ( and as anticipated ), it includes enhanced foreclosure protections to address the XXXX pandemic. According to the preamble, an earlier effective date was not possible as the Congressional Review does not allow a major rule ( which the Final Rule is deemed to be ) to become effective sooner than 60 days after publication in the Federal Register ( which occurred on XX/XX/XXXX ) .Temporary XXXX Foreclosure Safeguards. The Final Rule includes enhanced foreclosure protections that will be in place from the effective date through XX/XX/XXXX. During that time frame, servicers may not make the first notice or filing required for foreclosure, due to missed payments ( and the borrower being more than 120 days delinquent, in accordance with the existing rule ), unless one of three safeguards has been met : Complete Loss Mitigation Evaluation The borrower has submitted a complete loss mitigation application, the borrower has remained delinquent at all times since submitting the application, and that evaluation process has been exhausted pursuant to the existing criteria in 1024.41 ( f ) ( 2 ) ( i.e., appeal rights have been exhausted, the borrower rejects all loss mitigation options offered, or the borrower fails to perform under a loss mitigation option ) ; Abandoned Property The property securing the loan is abandoned, pursuant to the laws of the state or municipality in which it is located ; or Unresponsive Borrower The servicer has not received any communications from the borrower for at least 90 days prior to making the first notice or filing for foreclosure, and all of the following conditions are met : The servicer made good faith efforts to establish live contact with the borrower after each payment due date, pursuant to 1024.39 ( a ), during that 90-day period ; The servicer sent the written early intervention notice, required by 1024.39 ( b ), from 10 to 45 days before the servicer makes the first notice or filing for foreclosure ; The servicer sent all loss mitigation notices required by 1024.41, as applicable, during the 90-day period before the servicer makes the first notice or filing for foreclosure ; and The borrowers forbearance program, if applicable, ended at least 30 days before the servicer makes the first notice or filing for foreclosure. We also note that the Final Rule adds language to the commentary detailing recordkeeping and other requirements in connection with these foreclosure safeguards. For example, the added commentary details what records must be maintained to adequately show the borrower was unresponsive, in accordance with that safeguard option. These temporary safeguards are not required, in addition to the existing foreclosure protections, if : The foreclosure is commenced on or after XX/XX/XXXX ; The borrower was more than 120 days delinquent prior to XX/XX/XXXX ; or The applicable statute of limitations for the foreclosure action will expire before XX/XX/XXXX. Additional COVID-19 Streamlined Loan Modification Options. The Final Rule includes new exceptions to the general prohibition on offering a loss mitigation option, based on an incomplete loss mitigation application, without evaluating a complete loss mitigation application for all other available loss mitigation options. Now, in addition to short-term forbearances or repayment plans, or the COVID-related options provided for in the CFPBs Interim Final Rule from XXXX, XXXX, servicers may offer certain additional COVID-19-related loan modification options, based on an incomplete application, if the following criteria are met : The modification may not extend the loan term more than 40 years from the date the modification is effective ; The modification may not increase the borrowers monthly principal and interest payment beyond what was required prior to the modification ; If the modification provides for a deferral of amounts owed ( i.e., until the property is sold, or the loan is refinanced, or if applicable, FHA mortgage insurance terminates ) , interest can not accrue on those deferred amounts ; The modification is available to borrowers experiencing XXXXrelated hardships ; The modification must end any pre-existing delinquency upon acceptance, or upon final acceptance after completion of any applicable trial modification period ; and The servicer may not charge fees in connection with the loan modification, and must promptly waive certain existing fees the borrower owes, that were incurred on or after XX/XX/XXXX, such as late fees, penalties, or stop-payment fees. The Final Rule also clarifies that if the borrower fails to perform under a trial modification plan per the new exception, or requests further loss mitigation assistance, the servicer must immediately resume reasonable diligence efforts to help complete the loss mitigation application, and provide the borrower with an updated notice, as needed, conveying the information required to complete the application. COVID-Related Early Intervention Live Contact. The Final Rule includes temporary COVID-19-related live contact requirements under the early intervention rule. Until XX/XX/XXXX, when complying with the existing early intervention live contact requirement in 1024.39 ( a ), servicers must convey the following information during that live contact : For borrowers not in a forbearance plan at the time of live contact, the servicer must : Inform the borrower that forbearance programs are available for borrowers experiencing a COVID-19-related hardship ; List and briefly describe to the borrower any such forbearance programs made available at that time and the actions the borrower must take to be evaluated for such forbearance programs, unless the borrower states that they are not interested in receiving information about such programs ; and Inform the borrower of at least one way the borrower can find contact information for homeownership counseling services, such as referencing the borrowers periodic statement. For borrowers in a forbearance plan at the time of live contact, the servicer must : Inform the borrower of the date the borrowers current forbearance plan is scheduled to end ; List and briefly describe each of the types of forbearance extension, repayment options, and other loss mitigation options available to the borrower by the owner or assignee of the borrowers mortgage loan at the time of the live contact, and the actions the borrower must take to be evaluated for such loss mitigation options ; and Inform the borrower of at least one way that the borrower can find contact information for homeownership counseling services, such as referencing the borrowers periodic statement. Reasonable Diligence for Borrowers in a COVID-19 Forbearance. The Final Rule adds language to the commentary of the regulation clarifying what reasonable diligence efforts are needed to help the borrower complete a loss mitigation application, if the borrower is in a COVID-19 forbearance program. In that scenario, the added commentary provides that the servicer has to contact the borrower, no later than 30 days prior to the scheduled end of the forbearance plan, to determine if the borrower wishes to complete the loss mitigation application and receive a full loss mitigation evaluation. If the borrower requests further assistance, the servicer has to exercise reasonable diligence to complete the application before the end of the forbearance period.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89149
Submitted Via: Web
Date Sent: 2023-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-07
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue: Trying to communicate with the company to fix an issue with the application process
Consumer Complaint: After going to court for my property after XXXX years in XXXX, the court ordered the Mortgage Company SPS, to correct the mortgage on the property, and the interest rate will not exceed over 4 % for the duration of the loan. The deferred payment that SPS has added to my mortgage is not supposed to be there. The judge did not order them to attach that to my mortgage. I was so happy because they were trying to take my property and I have my kids and grandkids and we need a shelter. We needed our home. I did not pay it any attention at that time and when I did, I reached out to the company and I had a Attorney reached out to them But it was so affordable I couldnt pay for an attorney, so I decided to reach out to them on my own and thats what I have done. On XX/XX/XXXX. I reached out to my mortgage company via email. They received the letter and all the attachments but they have not responded as of yet. Now Im reaching out to you for your assistance in this matter. Thank you in advance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33157
Submitted Via: Web
Date Sent: 2023-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-07
Issue: Trouble during payment process
Subissue: Trying to communicate with the company to fix an issue while managing or servicing yo
Consumer Complaint: Approximately two years ago our mortgage ( begun in XXXX ) was turned over to " Select Portfolio Servicing, Inc. '' without any forewarning or notification. Our rates began to rise dramatically, from around {$640.00} to over {$1200.00}. At some point we were made aware that the statement contained the remarks : " Bankruptcy Message - Our records show that you are a debtor in bankruptcy or you discharged personally liability for your mortgage in bankruptcy. '' Neither of those statements are true. We did file a chapter XXXX bankruptcy in XXXX, after I was fired from a job for testifying against a supervisor for drug dealing ( for which I sued the employer and was satisfied with the outcome ), but the house was NOT included in the bankruptcy. We first became aware of this false remark on the statement when we attempted to apply for a home improvement loan. In XXXX of XXXX the XXXX junction box/meter malfunctioned and overloaded the homes fuse box and wiring and caused a small electrical fire. We contacted XXXX who did their best to hide from us ; our home insurance and a contractor who verified the fault was the XXXX appliance but XXXX and the home insurance offered little to no help. As such, we have been living in a hotel for over a year now unable to get any help from any agency. As stated above our efforts to secure a loan were unsuccessful due to the false remarks on the statement. We have repeatedly contacted Select Portfolio Servicing, Inc. to clarify and remove the remark but to no avail. Since the insurance company XXXX XXXX ) and the mortgage company who selected the insurer were refusing to help, in fact were adding to our problems, we informed SPC that until such time as they would rectify this we would withhold payment. They ignored us. That is until last month when they filled for foreclosure!! We have spoken to over XXXX different law firms most of whom say they don't do " that kind of Law '' (?? ). It appears that ironically our only course of action will be to declare bankruptcy. Is there some other recourse for us? We don't want to file bankruptcy but the sale of the house is imminent and we are desperate. Our mortgage company has destroyed our credit and is now trying to take our house. Sincerely, XXXX and XXXX XXXX XXXX XXXX New York XXXX XXXX, MI XXXX XXXX ( XXXX ) XXXX
Company Response: Company believes complaint is the result of an isolated error
State: MI
Zip: 48340
Submitted Via: Web
Date Sent: 2023-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-05
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: My mortgage company Select Portfolio Servicing, has been paying my property taxes late. I keep getting delinquent tax notices from the city of XXXX. My taxes are paid through escrow, so there is no way they should be late. When I called Select Portfolio Servicing to inquire, I was told by an SPS manager ( who sounded like a XXXX XXXX XXXX XXXX ) that if I wanted my taxes paid on time I should pay my taxes myself. I have never reported anyone about anything in my life, but this needs to be reported.
Company Response: Company believes complaint is the result of an isolated error
State: MI
Zip: 48219
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-05
Issue: Trouble during payment process
Subissue: Trying to communicate with the company to fix an issue while managing or servicing yo
Consumer Complaint: Company has lied and attached proof that they are still charging me lates fees in error, not posting payments as they should, etc. SPS sent the enclosed Escrow Removal Request on XX/XX/2023, but failed to disclose that the signed form in XX/XX/2023 was sent as the resending of the same document multiple times that were in posesssion of since XX/XX/2023 and sat on. As such, the request was processed MUCH LATER and the enclosed Escrow Closing Notice dated XX/XX/2023, was sent to XXXX XXXX advising that the escrow account would be closing as requested AFTER THE FACT. They in fact DO have record of receiving the signed form in XX/XX/2023 as sent to them with other confirmed proof of delivery. Their assertions that the monthly Mortgage Statements dated XX/XX/2023, XX/XX/2023, and XX/XX/2023, did not reflect the payment in the amount of {$500.00} due to the escrow still being part of the monthly payment amount further proves they sat on documentation they had from me and DID NOTHING. As the loan was still reflecting escrowed in XX/XX/2023, SPS disbursed {$5600.00} to XXXX XXXX in error due to their own incompetence as they sat on my confirmed request for MONTHS even after I made several phone calls to them repeatedly about the issue. The disbursement caused an escrow advance in the amount of {$4800.00} in error, creating an unauthorized payment from the escrow account. Please be advised that we do not reflect a refund has been received for this disbursement because it was not my error that caused the issue. Although the escrow account is now closed after the fact, it is the responsibility of SPS to rectify and correct THEIR mistake not my job to do so because of their incompetence. I can not be expected to cover or anticipate their error, especially after given incorrect information over and over about the same issue, ongoing for MONTHS. As of the date of this letter, the escrow advance balance is negative {$4400.00} and they are attempting to collecting {$400.00} monthly to repay the advance balance THAT THEY MADE AN ERROR ON, for a total monthly payment of {$900.00} WHICH SIGNIFICANTLY VARIES FROM THE AMOUNT I HAD BEEN ADVISED AND ASSURED WAS CORRECT TO PAY. THEIR Escrow Disbursement History SHOWS NOTHING OF RELEVANCE. ALL Allegations In the inquiries, several claims were raised regarding shady and deceptive trade practices, profit from shady business practices, servicing violations, charging consumers unauthorized amounts, misrepresenting mortgage transaction and payment histories, inaccurate description of payments, and incorrect handling of partial payments HAVE BEEN SUSTANTIATED WITH PROVIDED PROOF TO SPS ' OMBUDSMAN, CUSTOMER SERVICE, ATTORNEY GENERALS OFFICE, ETC. THEY CLAIM THEY HAVE reviewed the claims and HAVE NOT FOUND merit is a bold face lie as shown. SPS ' servicing of the loan has NOT been compliant with all applicable state and federal regulations and their accounting/amounts owed and misapplied payments in suspense ( as of current ) REFLECT THIS!!!! Please stop allowing this company to bold face lie and rubber stamp a reply with not looking into this issue or holding them accountable for their shady and incompetent practices.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-05
Issue: Trouble during payment process
Subissue: Private mortgage insurance (PMI)
Consumer Complaint: This is my third complaint against Select Portfolio Servicing in 4 months. On XX/XX/XXXX I formally requested the removal of the PMI from my mortgage ( {$290.00} ). After many hurdles and a complaint to the CFPB-the appraisal for my home ( interior and exterior ) was completed on XX/XX/XXXX On XX/XX/XXXX I contacted SPS to find out what was going on with my request to remove the PMI. I was told at that time that the notes in the system stated it was approved. However I needed to wait for a letter to be sent to me. I waited.. I called again on XX/XX/XXXX and again asked for an update and again was told that the notes in the system stated that my request to remove the PMI from my mortgage had been approved and was " being processed ''. I asked what " being processed '' meant and was told that they had to go back to when I had originally requested the PMI removal and issue a refund for the PMI payments that were made. Again I waited... I checked my account often and did not see a decrease in my mortgage or a letter indicating the approval on my PMI removal On XX/XX/XXXX I accessed my online SPS account and saw a letter had been generated. This letter stated that my " account is currently not eligible for mortgage insurance removal due to being either 30 days or more delinquent in the past 12 months or 60 days delinquent in the past 24 months ''. This contradicts SPS ' response to my CFPB complaint filed in XXXX regarding PMI removal and not meeting payment eligibility. In their response dated XX/XX/XXXX it states that " Therefore the account has been more than 60 days past due in the last 24 months. However, assuming all other conditions are met, this requirement can be waived because the account was in a Covid-19 Assistance Plan during that period ''. I would assume that the other conditions that are referenced in their response would be my loan to value based on the appraisal that was done. Since there is no mention that we are over XXXX based on the appraisal I am again assuming this condition was also met. I am not sure what transpired at SPS and why on XX/XX/XXXX it was noted in their system that the PMI removal request had been approved and then on XX/XX/XXXX they decided I was not eligible. I want the PMI to removed effective immediately and the PMI of {$290.00} to be refunded to me as stated it would be by their customer service agent on XX/XX/XXXX. They have already stated that the payment requirements would be waived due to being protected under the CARES Act/Covid-19 Assistance Plan and now they have gone back on their word. I have provided their response on XX/XX/XXXX from my complaint filed with CFPB on XX/XX/XXXX. I have also provided the letter they issued me on XX/XX/XXXX stating that my account was not eligible due to past due payments.. In an attempt to resolve the matter on my own, I did call SPS today ( XX/XX/XXXX ) to no avail and I did email the VP of SPS, XXXX XXXX, on XXXX ( no response to even acknowledge he received the email )
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89123
Submitted Via: Web
Date Sent: 2023-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-04
Issue: Struggling to pay mortgage
Subissue: Foreclosure
Consumer Complaint: My mortgage servicer recently became sps, previously XXXX XXXX.. Fell into a bit of financial trouble, during covid 19, received a forbearance which helped me get back on my feet. At the end of my forbearance, I proceeded to attempt to make my monthly mortgage payment online, process didn't work. Called SPS, was informed " ALL '' monies deferred were payable in full, no partial payments. Did not have those funds. Company started foreclosure proceedings. I applied for HAF in the state of Arizona, was approved for HAF monies, SPS had received i request from HAF, knew about the approval, foreclosed on my house anyways.. Spoke with them on the phone the day of the sale, and they informed me the sale had not taken place, and was on hold and they requested copies of my bank statements for proof of funds for the difference. I provided this to the ombudsman department, and later find out the home was purchased at around XXXX in the XXXX. I was speaking with the ombudsman department well into that same afternoon. What are the laws regarding HAF funding, for a XXXX XXXX mortgage? I read on the FHFA website and I quote " XXXX XXXX and XXXX XXXX servicers will be required to delay foreclosure actions for up to 60 days if the servicer has been told that a borrower has requested help from the Treasury Departments Homeowner Assistance Fund ( HAF ), according to the Federal Housing Finance Agency ( FHFA ). '' Are they not required to halt foreclosure procedures for 60 days? I mean I had been approved for HAF monies, why did SPS disregard this and take everything away from me? Some other information regarding the trustee sale of my home. The legal statutes in the state of arizona, 33-808 A. 4. states 4. Publication of the notice of sale in a newspaper of general circulation in each county in which the trust property to be sold is situated. The notice of sale shall be published at least once a week for four consecutive weeks. The last date of publication shall not be less than ten days prior to the date of sale. Publication is deemed completed on the date of the first of the four publications of the notice of sale pursuant to this paragraph. In regards to number 4, this never happened. I contacted the local publications in my county and they determined their was no posting online and nothing ever printed regarding the trustee sale, anywhere in their records. The house sold for literally {$130.00} dollars more than what I owed on the note. The home was sold to some well known local investors in XXXX XXXX, in fact this family is known to have founded local townships throughout XXXX XXXX, including the town where the sale took place. The home, located in one of the most, if not the most desired neighborhoods, with so much equity, and numerous upgrades and improvements their surely would have been a bidding war on the sale date driving the sale price up more than just XXXX dollars, if anyone else knew about the sale that is. I think the lender must have hand fed my home to these investors. The sale price is truly damaging. I believe SPS servicing has been unethical and unlawful in the foreclosure of my home. I did everything I was supposed to, in order to get my mortgage back reinstated and my efforts were just ignored, the state housing departments efforts were just disregarded, and SPS just made up their own rules and followed their own agenda, with no fear of any sort of recourse, or any checks and balances on their unprofessional business conduct. My family is just devastated. My home had over XXXX XXXX dollars in equity.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 859XX
Submitted Via: Web
Date Sent: 2023-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-01
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: I am attaching a XXXX of my complaint : CFPB - XXXX I am attaching a XXXX of letters from my mortgage servicer, SPS : SPS letters.XXXX I am attaching a XXXX of SPS response to previous complaint : SPS responseXXXX I am attaching a letter to SPS explaining reason for short sale : WORST.XXXX I am attaching content of my previous complaint to CFPB : XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 19355
Submitted Via: Web
Date Sent: 2023-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A