Date Received: 2021-04-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I lost my job in XXXX of XXXX due to COVID. Getting a suitable replacement employment took longer than we thought and ate up our reserves, so on XX/XX/XXXX we sent in a formal forbearance application to our loan servicer SPS. We supplied ALL requested documentation that SPS initially asked for. We immediately supply them with any info that has since been requested of us. Apparently, the initial information 'expires ' during the extremely long process that they take to review our application. As such, the application goes back to being in a status that is 'lacking information '. This is a never-ending loop that we can not get out of because SPS takes too long to process our information and pay stubs, banks statements and the like all expire in their system triggering our application back to that status. We believed our loan with SPS already to be in forbearance so were willing to put up with their constant requests for information. We were shocked when we received notice today that our loan is showing as delinquent with the credit services. All of the other companies that we have asked for forbearance from gave it to us with minimal effort, so we believed our loan to be in forbearance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 20147
Submitted Via: Web
Date Sent: 2021-04-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: in XXXX I changed to Select Port Folio Servicing as my lender. Shortly thereafter, I received a call from the mortgage company stating that due to my excellent pay record I was entitled to a decreased in my mortgage by {$1200.00} if I answered a series of questions appropriately. I then did so and was told I could pay the reduced amount immediately. Several months later I received a letter from the mortgage company stating that my loan was delinquent. I then was given the amount to bring the loan current and I paid this amount. Later I was given forced place insurance because they could not verify my homeowners insurance without adjust. I attempted to modify the loan multiple times and was eventually told that the investor declined my modification. Then later I went to mediation where I was told if I paid XXXX per month the loan would be current. I made this payment for XXXX months and told that the XXXX th month payment was 1 day late so this agreement was off. However there was not reduction in the amount that the mortgage company stated that I owe despite multiple attempts at paying increased amounts. I requested a payment history but was not sent one as of yet. Now I received a letter today on XXXX XXXX XXXX returning my last month payment and stating that if I do not pay {$150000.00} by XX/XX/XXXX then foreclosure proceedings will start. My interest rate on this loan is 6 % in this day and age where people have 1 and 2 % interest rates. Select Port Folio Servicing is a predatory lender who is trying to steal my primary residence from me. Please Help!!!!!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20744
Submitted Via: Web
Date Sent: 2021-04-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: 1. On XX/XX/XXXX, I had a loan modification agreement established with Select Portfolio Servicing ( SPS ). According to this agreement, I started making monthly mortgage payments from XX/XX/XXXX. Around XX/XX/XXXX the loan modification agreement was unilaterally cancelled by SPS with no explanation and I was not permitted by SPS to make any more mortgage payments. I never defaulted on any payments and fully satisfied SPS requirements. 2. I immediately asked SPS in XX/XX/XXXX to explain the reason for the cancellation of the existing loan modification agreement. SPS failed to clearly explain the reason for the cancellation and stated that one of the documents was missing. Further, SPS stated that I would need to submit a new loan modification application and documentation package, in order to establish a new loan modification agreement. Only in late XX/XX/XXXX I found out that the reason for the cancellation of the loan modification agreement ( dated XX/XX/XXXX ) back in XX/XX/XXXX was my ex-wife not signing the loan modification agreement. The reason why she did not sign it was because there had been already an official letter ( also filed in court ) signed by my ex-wife from XXXX stating that she had relinquished her rights to the house. This letter was filed in court and SPS had accepted it earlier to establish the loan modification agreement dated XX/XX/XXXX. Also, my ex-wife signed a quitclaim deed stating that she had relinquished her rights to the property. I have a copy of the filed quitclaim deed from the court. Therefore, there was absolutely no reason for SPS to cancel the established loan modification agreement from XX/XX/XXXX!!! 3. Since XX/XX/XXXX I have been following up with SPS almost daily in order to establish a new loan modification agreement. Every time I was asked for a new document after fulfilling their previous documentation requirements. My case has been deliberately dragged on. 4. After exhausting every possible means of communication, I had to contact XXXX XXXX in order to assist in this matter. After interference from XXXX XXXX, on XX/XX/XXXX I received the letter from SPS ( attached ) dated XX/XX/XXXX stating the following : " We have closed your request for assistance as we are offering you an alternate assistance option for your temporary hardship situation, the details of which have been sent under separate cover. Please contact us if your situation changes and you wish to be evaluated for additional assistance options. '' I was waiting for any further documents from SPS with the details of the " alternate assistance option ''. As of XX/XX/XXXX, nothing has come from SPS. I reached out to SPS point of contact ( relationship manager ) multiple times but have not heard back. When I spoke to one of her colleagues, she stated that no other document is expected to be issued by SPS. This is quite disturbing, as the letter dated XX/XX/XXXX clearly referenced " alternate assistance option for your temporary hardship situation, the details of which have been sent under separate cover ''. So, it is unclear as to what an alternate option is. In summary : - There was an unjustified cancellation of the existing loan modification agreement, while I have presented all the official documents proving that my ex-wife had relinquished her rights to the property. - SPS prevented me from making monthly payments starting XX/XX/XXXX and thus trying to force me into foreclosure. - Negligence and mishandling of my case by SPS. - Lack of consistent communication from SPS, especially from the relationship manager who has never communicated with me directly. - I am also concerned about errors in the application of my previous mortgage payments and want to see the detailed statement of how the mortgage payments were applied throughout the years since SPS had started servicing my mortgage. I would tremendously appreciate your help in resolving this situation!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20744
Submitted Via: Web
Date Sent: 2021-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Count I : Lender/Servicer ( SPS ) is not processing payments as Authorized, Instructed and as required by State & Federal Banking Regulations. I have Specified within EACH Payment " Principal Only Payment '' or " An Additional Principal Payment '' after and In addition to full and regular scheduled payment ( s ) each month, Yet SPS Refuses to Post the payments as required by both Law, Regulation ( s ) and my instruction/authorization creating False, Fraudulent and Unearned interest to line their own pockets and defraud the consumer. An independent audit will show that as soon as SPS took over the account management and pre-pandemic while payments were still possible and being made, months of payments were maid but not credited and were deceptively being held as " un-applied payment '' while unearned interest posted despite our calls, instruction ( s ) & while being in full compliance, making all required payments first Count II : My Wife ( A XXXX Person & Protected Class ) & I were adversely effected by the Pandemic. Despite our making timely and multiple requests to SPS for loan assistance, and contrary to the Cares Act and any/all Relief provided for under Government orders including Foreclosure Protection, Forbearance, loan Modification, Interest Rate and Loan balance write off and more, we were denied access to these rights and multiple mis-steps and misconduct were committed by this lender & SPS. I communicated by phone many times with SPS confirming the impact the Pandemic had on us, our finances and our ability to pay. All of these were formal requests for forbearance and other relief as provided by the state & federal Government ( s ). Although all verbal requests made to SPS were accepted and ultimately deemed to be in-compliance, late in XXXX, 2020 I made written application for the relief we sought as was offered to all other Americans. This including all the above which SPS initially and illegally refused to honor refusing our legal and notarized Document ( s ) ( a violation of Law ) Emphasis Added, Although the application was eventually processed, purportedly as required, these violations are significant and require fines, penalty 's and damages for their willful and deliberate violations of law. Attached are a number of documents showing both misconduct and violations of Law, the Cares Act, as well as, many State, Federal & Banking Regulations. These enclosures show & prove both errors and the mishandling of our application. Lastly we received the letter ( also attached ) showing all of the following Violations & more : a ) Predatory Lending Practices, b ) Discrimination against a protected class, c ) Willful and XXXX disregard to the laws and requirements of the Cares act, d ) Willful and XXXX disregard to the laws and requirements of the Forbearance and loan modification requirements spelled out by the Government & Laws within. e ) Complete and multiple violations of ( Mass General Laws ) MGL Chapter XXXX requiring Loan Mod 's and forbearance and more .... In the end, SPS made the same offer I rejected in XX/XX/2020 as unsustainable and UN-affordable. That was to make double payments ( Current and past due payments simultaneously every month. We were denied discriminately the Forbearance, loan Modification and ALL other relief programs without just cause. Further requiring us to make unsustainable and unaffordable payments while the Federal Foreclosure Ban and Cares acts are extended and still in full force and effect, proving to be a clear Violation of Banking Regulations, their license as a Lender & Servicer and the law. Also per the attached, in addition to discrimination, & Predatory Lending Practices, they have required us to make double payments, and withdrew our application because we demanded access to the same & legally required programs all other Americans received without the discrimination we experienced.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-04-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I believe my interest rate is extremely high because of my race
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 75002
Submitted Via: Web
Date Sent: 2021-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We are attempting to payoff our mortgage. However, our attorney did a title search and discovered our original mortgage company ( XXXX XXXX XXXX ) sold our mortgage to two separate entities. The timing of these sales of mortgage were close enough together that a title search would not have revealed the prior sale. Currently, we have deposited the funds ( {$79000.00} XXXX to payoff our mortgage with our attorney pending satisfactory resolve of this issue. These funds are being held in his escrow account. The problem is the payoff supplied by our lender was only valid through XX/XX/2021 and the servicer ( Select Portfolio Servicing Inc. ) failed to answer how this matter would be cleared up. Instead, they simply indicated who one of the mortgage owners are. To date, Select Portfolio Servicing , Inc. has failed to answer us or our attorney as to whether both mortgage owners will file a satisfaction piece once our mortgage is paid off. Our concern is the servicer will attempt to add additional fees, late charges and/or adverse credit reporting.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 163XX
Submitted Via: Web
Date Sent: 2021-04-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SELECT PORFOLIO SERVICING INC VIOLATION OF PRESIDENT XXXX XXXX MORATORIUM OF FORECLOSURE AND EVICTION. CONSUMER FINANCIAL PROTECTION BUREAU XXXX XXXX XXXX XXXX Washington, DC XXXX Ref : Property XXXX XXXX XXXX XXXX XXXX FL XXXX SPS # XXXX XXXX XXXX XXXX # XXXX Foreclosure case # XXXX XXXX XXXX Mortgage MIN # XXXX This complaint is to report SELECT PORTFOLIO SERVICING INC ( SPS ) violation of XXXX XXXX existing order of FORECLOSURE AND EVICTION MORATORIUM by resetting Foreclosure Sale on XX/XX/XXXX. On XX/XX/XXXX, the XXXX XXXX announced that it coordinated with three federal agenciesthe Department of Housing and Urban Development ( HUD ), the Department of Veterans Affairs ( VA XXXX, and the Department of Agriculture ( USDA XXXX to extend their existing foreclosure moratoriums through at least XX/XX/XXXX. The action of Foreclosure Sale seeking to foreclose and evict a Cerebral Palsy boy and his family, who has been severely impacted by the Pandemic of Covid-19. According to the Notice of Foreclosure sale published by SPSs disgraced attorneys XXXX XXXX XXXX and XXXX XXXX, the foreclosure it is set to be held on XX/XX/XXXX at XXXX. See attachment 1- NOTICE OF FORECLOSURE SALE dated XX/XX/XXXX. Under a misleading order called ORDER ON PLAINTIFF MOTION TO CANCEL FORECLOSURE CASE to evade XXXX Foreclosure and Eviction Moratorium Executive order. THIS CAUSE having come before the Court upon Plaintiffs Motion to Reschedule Foreclosure Sale, filed XX/XX/XXXX XXXX the Motion ), and this Court having reviewed the Motion and the file, and being otherwise advised in the premises, it is hereby : ORDERED AND ADJUDGED that : 1. Plaintiffs Motion to Reschedule Foreclosure Sale is hereby GRANTED. 2. The foreclosure sale is hereby rescheduled for XX/XX/XXXX. See attachment 2 On XX/XX/XXXX SELECT PORTFOLIO SERVICING INC open a third ( 3rd ) Wrongful Foreclosure case XXXX XXXX vs XXXX XXXX on behalf of XXXX XXXX AS TRUSTEE for the XXXX XXXX. Since XXXX, my property has been the victim of XXXX ( XXXX ) WRONGFUL FORECLOSURE. The undersigned have been asking SPS to open a profound review to the above account and order its legal team to stop/dismiss legal proceedings of Foreclosure case # XXXX. There are fatal errors in your claim regarding this account that needs to be seriously addressed to avoid causing more harm to my family, with a nonsense litigation. This malicious litigation, WRONGFUL FORECLOSURE has brought a dark cloud over SPS and its reputation. See attachment 3 I am requesting that SPS comply with Executive order of President Joe Biden on foreclosure and Eviction Moratorium or filing a voluntary dismissal of the Wrongful Foreclosure case # XXXX and release my property XXXX XXXX XXXX XXXX XXXX FL XXXX from those those malicious claims. My family is currently passing from a difficult time through this pandemic of XXXX and the lost of a loved one. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2021-04-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Sps stated on a recent letter dated XXXX XXXX that I did not mention Covid relief on XXXX XXXX. I, have wittinesses and documentation, .recordings. I, also spoke to XXXX XXXX on XXXX XXXX XXXX on XX/XX/21 XXXX all Covid 19 discussions deferral and trial modifications, I was told I needed profit loss 2 year tax return 2 month bank statement and occupancy. I was told and it was recorded by this individual Covid relief end date was XX/XX/XXXX-my call was XXXX XXXX. In accordance to rep XXXX. XXXX XXXX. XXXX pm IIm requesting information not to be reported on my credit and back mortgage for the two months to be added on the back of the loan and not separated to be sold for collections and few months later with extremely taxes and interest.
Company Response:
State: OH
Zip: 45240
Submitted Via: Web
Date Sent: 2021-04-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: i bought this home in 2003 for {$140000.00} and right now my morgage statement is showing i own {$220000.00} i dont understand and now one can explain how inowe rhat amount the only thing my collection company which is select portofolio inform me is that they going to put my home on foclosure
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34743
Submitted Via: Web
Date Sent: 2021-04-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-04-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: -- SPS ignores and creates artificial errors on fully completed loss mitigations applications in order to circumvent Dual Tracking laws that prevent foreclosure process while a complete loss mitigation application is under review. Attached correspondence from SPS stating that loss mitigation documents have missing signatures or have incomplete pages while copy of loss mitigation application and supporting documentations ( also attached ) show no missing signatures and all pages complete ( no missing portions of pages ). Violation to CA CC 2923. -- Attached letter from SPS confirms SPS received complete loan application on XX/XX/XXXX but failed to process the documents provided evidenced by SPS reference to documents being received on XX/XX/XXXX while the mailing confirmed SPS received on XX/XX/XXXX. SPS not properly processing documentation submitted by Borrower resulting in SPS denial of complete loss mitigation application due to negligence and unfair business practices. Violation to CA BPC 17200.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90255
Submitted Via: Web
Date Sent: 2021-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A