Date Received: 2021-03-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/2020 around XXXX, I lost my home due to a house fire, and have been displaced from my home ever since. I finally received a check addressed to both my mortgage company and I, and I sent the check in the amount of {$310000.00} to my mortgage company, XXXX XXXX XXXX located in XXXX XXXX XXXX, Utah on XXXX by certified mail. This check was to be used to pay off the remaining balance of my mortgage from the home that burned down, and the mortgage company was supposed to send the rest of the funds back to me ( after paying off mortgage ) to go towards rebuilding my new home. After mailing the check, I contacted the company several times to make sure they had received the check, only to find out they could not locate the check, so I had to request a duplicate check from my insurance company. After receiving the duplicate check from my insurance company, I once again mailed the check in the amount of {$310000.00} to the mortgage company using a preaddressed XXXX enveloped addressed to XXXX XXXX XXXX, the claims department, and received confirmation the check was received on XXXX. I was told by the mortgage company they had to investigate and verify that the funds were good and that process was completed on XXXX. Funds were verified and remained in a secure escrow account. I was also told that it would take about 3-5 days to payoff the mortgage and to call back on XXXX to verify the mortgage was paid off. When I contacted the company on XXXX, I was then told they did not have a date when the mortgage would be paid off. Meanwhile, I am still displaced and being forced to pay for a mortgage out of pocket that should be paid off since XXXX, as well rebuilding my home out of pocket. Because the mortgage company lost the first check irresponsibly in XXXX, it has extended the process longer and has made it very difficult financially as I am trying to rebuild my new home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 704XX
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/2021, XXXX PM Called SPS, rep stated that client was denied for modification due to insufficient payment reduction. Only options at this time are short sale, reinstatement, and deed in lieu. The denial has been faxed over to us and we should receive it in about XXXX hours. XX/XX/2021, XXXX PM Called SPS, they should have a decision on the file by XX/XX/XXXX, or before, the rep advised me that they should have a decision within XXXX weeks of submission XX/XX/2021, XXXX PM Called SPS for an update, rep said that all docs were recieved as of the XXXX and it still pending decision, she mentioned we should follow up in a week to see if there is a decision made. I have asked several times for help from my mortgage company I have submitted many applications like I was told to by every person from my mortgage company I have asked for a loan modification each time they tell me that they never got my paperwork I sent so many applications requested so many call backs from a manager who could give me answers, but all I do is get lied to by my mortgage company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 76052
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I applied for mortgage help on XX/XX/XXXX, SPS servicing continues to request the same documents on several occasion, I contact them to inform them the docs have been submitted and then SPS claims the application can not be processed until the documents are provided
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33183
Submitted Via: Web
Date Sent: 2021-03-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I purchased my XXXX with FHA assistance in the amount of {$58000.00}. It was a 30 year mortgage that would have matured XX/XX/XXXX. Hud sold the mortgage in XXXX to a XXXX XXXX XXXX and since then the servicing of my mortgage has not been correct. I asked them for a breakdown of the interest they were charging me and why they were charging me that much. They advised me to pay more to offset this balance and it was the only option I had. I was advised to double the amount I was paying and I began to pay {$800.00} a month which was more than I could afford. I was only making around {$8.00} dollars an hour. It has been a disaster The forbearance agreement put in place with Hud has been a disaster since they sold it. The banks have transferred the balance several times and has compounded interest on top of interest on top of interest Beginning with XXXX. I tried contacting numerous times and got no response and then another letter stating the servicing had transferred again. I did some research at that time on XXXX and the were closed due to mismanagement of the servicing of mortgages. My Mortgage was transferred several more times. Current servicer is SPS ( Select Portfolio Servicing. They acquired the mortgage after only a short time with XXXX mortgage Servicing. Prior to that XXXX XXXX who I am told started a XXXX XXXX XXXX. No one is able to get the details of this and I don't have them. I do know that they miss applied several of the payments that were intended for the Forbearance balance. I was told to hold off paying my mortgage for several months to offset this error???? .. With each transfer I ask for explanation of the added on interest balance on my loan and and how the total was acquired and each time I was told that information was not available only that I owed. no one was able to advise. Only that it came over with the loan. Each time I have disputed and asked if it was legal, my loan would get transferred to another lender. I am still paying on my mortgage. I was told I would have to pay an additional 5 years for the Forbearance balance. Just told nothing official. I received a notice from current servicer on XX/XX/XXXX advising me that my mortgage would mature on XX/XX/XXXX. At that time I owed a principal balance of XXXX plus the accrued interest balance of {$25000.00}. I questioned how was that balance determined and where did it come from. They sent it to their legal department who concluded that their findings were accurate and because they were not there at the time of the modification of my loan they did not have details that would explain the how, when and where the interest came from. But merely based on their findings it was accurate. I have disputed this balance from the onset. I have paid on the mortgage now an additional 5 years and with the {$25000.00} added it will be an additional 5 years. I do not understand how interest can be added and compounded with no explanation. This is predatory lending practices and as the consumer I have no leg to stand on. I advised them that I would not pay it. I may have to sue all the servicers starting with HUD with the mismanagement of my loan. Please advise and help me with this issue
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 44146
Submitted Via: Web
Date Sent: 2021-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage transferred from XXXX XXXX to SPS Select Portfolio Servicing on XX/XX/XXXX. My XXXX XXXX ( XXXX XXXX ) was escrowed and last paid by XXXX on XX/XX/XXXX. SPS Never Paid my XXXX XXXX. and my coverage lapsed unbeknowst to me, until I got a letter from XXXX XXXX stating same. XXXX initially told me I could NOT be reinstated because it was Over 30 day lapse, so I got other XXXX XXXX, but at it was almost double the original price of {$2300.00} a year. SPS refused to agree that this issue was their fault. They told me I had XXXX XXXX that lapsed in XXXX, but never notified me until XXXX XXXX. I wrote to Department of Financial Services & SPS wrote a reply that was filled with several " untruths ''. I got verification of my XXXX from XXXX and submitted this to XXXX and SPS. SPS has acknowledged their error & refunded {$640.00} to my account for insurance i did not need. SPS has also accessed over {$8000.00} more due and owing in my {$190000.00} balloon payment I was forced to agree to by XXXX XXXX XXXX XXXX in order to keep my house. Now SPS says its almost XXXX. ( 3 statements attached for your reference ). I need help getting a covid modification with a lower interest rate ( 5.49 % currently ) and the balloon payment Ive been told is excessive and not normal, but i cant find an attorney to help me fix it. I will attach more information here for you to review. Please review this case for me. I feel as though I was swindled by XXXX and im getting the same result with SPS. Please note I have a large document ( my original submission to SPS and XXXX regarding the insurance mistake, but it is too large to upload. I can send it to u another way??
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2021-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage loan was paid off at Select Portfolio Services , Inc. on XX/XX/2021, and I am still receiving statements indicating that a payment is due.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90746
Submitted Via: Web
Date Sent: 2021-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select portfolio servicing is my mortgage company, there phone line clearly says they have Covid relief options. But when I called the rep told me they no longer offer Covid aid but under the cares act it says diff. I was denied a deferment also. And this request was months ago. When I asked why the rep stated your not eligible for it and we dont offer this anymore this was before I got behind on my mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 45240
Submitted Via: Web
Date Sent: 2021-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-19
Issue: Problem when making payments
Subissue:
Consumer Complaint: I was informed by an unrelated party that on XX/XX/2021 an estranged family member was able to access my loan account, financial information, and allowed to make changes to the communication preferences such as changed the email to here and the phone to hers, and I wasnt XXXX to get into my account. They insisted it was the borrower ( me ) who made these changes on XX/XX/2021. They should never have allowed any of this to occur. My privacy has been totally violated and its irreparable.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 310XX
Submitted Via: Web
Date Sent: 2021-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XXXX 2020 I informed Ombudsman XXXX XXXX wh I have be working with that Tax buyer purchases the taxes and redemption will expire on XXXX XXXX,2021. Now, the last document requested was a corrected Hud XXXX from my Short Sale XXXX. I did submit that to SPS. Now I have passed my redemption period. I informed the tax buyer I had a contract waiting on my short sale approval and I have yet to get the approval after I was told by XXXX in the Ombudsman department that the only thing needed was the corrected XXXX from the title company. Now I have been impacted by the Covid 19 and have been getting assistance from my son and family members. And I am not getting a dime out of this property no benefit to me. I am just trying to help my investor who will be receiving monetary reward of {$10000.00}. However, my buyer is getting cold feet now because its one thing after another. Please see Attached documents.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60617
Submitted Via: Web
Date Sent: 2021-03-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX, SC XXXX XX/XX/XXXX XXXX XXXX, XXXX XXXX or XXXX XXXX, XXXX ( if confirmed ) Consumer Financial Protection Bureau PO Box XXXX XXXX, IA XXXX Dear XXXX XXXX or XXXX XXXX : I am writing you directly and placing this letter into a formal complaint via your online system, about the actions of a mortgage servicer that seems to be harassing me while providing no proof of their involvement in any sort of transaction related to me. I hope you and your staff can not only help with my personal situation, but use it as an example to curtail the illegal foreclosures that are certain to come about as a result of the pandemics devastation on our workforce and economy. In XXXX, I purchased a home financed by XXXX XXXX. Between the closing date in the fall of XXXX and the fall of XXXX, I paid not only my monthly obligation for that financing, but paid many tens of thousands in additional principle, including {$60000.00} I had pulled out of one of my investments, thinking I might need it for closing, but instead put it toward the principal of the loan a few months after closing. As a small business owner, who at the time, was also charged with the full-time care of my aging and invalid mother, I will be the first to admit that once I set up my monthly payments on my online bank and automated that process, I really did not pay close attention to statements coming from XXXX regarding this mortgage. Had I been watching the numbers more closely, I would have learned early on, that my {$60000.00} payment toward principal had not only never posted to my account, but likely other principal payments are missing as well. In fact, for roughly 8 years, my payments kept going to the same place each month, and I never received any notices other than my monthly statement, which I rarely even opened. However, at some point in early XXXX, I was contacted and told that my last 2 payments had not been received. I certainly could show proof that they had been sent from my online bank, but learned in that phone conversation that my mortgage had been sold and had clearly been through a few hands by then, all unnoticed to me, even though my mortgage requires notice of such changes. The new servicer was XXXX, and since I had not been notified to send my payments to them, those payments were in limbo with the previous servicer. Once I cleared that up and got them to reverse the late fees that had been applied to my account, I requested a full accounting of my mortgage balance and transactions, from XXXX. What I received, was, at best case, incompetent, and at worst case, outright fraud. Their records were so shoddy that several months of my transactions were actually missing, and their data had even the date of our purchasing the property, wrong! But the most glaring omission was the fact that my {$60000.00} payment toward principal made in approximately XXXX or XXXX of XXXX ( after closing in XXXX of that year ), was not recorded AT ALL. When I sought to inquire about this huge error, I was treated rudely, hung up on, etc. and in general, could not beg an answer from anyone as to the ridiculous status of my loan record. I wrote letters to the CEO of XXXX and anyone else I could find that might be able to shed light on this situation, all unanswered, until XXXX of XXXX, when my regular payment from my online bank, now being sent to the servicer actually servicing my mortgage, XXXX, was returned to me, unapplied. After 2 months of this happening, I stopped sending payments and made phone calls approximately 4 times a day, 5 days a week to try to get to the bottom of this. I was spending so much time dedicated to this cause, that it impacted my work performance, and my company missed several bid opportunities as a result. You can probably predict where this went then -- - by refusing to accept my legitimate payments for 3 months in a row, and refusing to reply to my inquiries as to why this was happening, someone claiming to have something to do with the mortgage, manufactured a foreclosure case against me, which was served on me in XXXX of XXXX. In the time between my initial dispute with XXXX and then, XXXX had been discovered in such egregious accounting errors and fraudulent handling of mortgages, they had gone under and XXXX had purchased their assets, further complicating the matter. But the Plaintiff on the foreclosure papers listed not XXXX, not XXXX, but another party to which I was not familiar at all : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I still do not know their involvement or how they came to be associated with this matter. My requests to depose someone from that institution were denied as well. Not having the resources to hire legal assistance after being sued, I proceeded to file an answer with the courts, and asked for discovery of any and all documents showing the involvement of the Plaintiff, how they came to be involved, and the documentation showing a legal chain of title placing them in a position to be able to bring this case. After years of attempting to find any evidence, admissible in a court of law, and seeing the Plaintiff ( which we eventually, years later, discovered was actually XXXX, and NOT XXXX, although they still, to this day, have never been identified in any court documents ) defy even orders to compel this evidence, and seeing the judge in the case allow them to defy Motions to compel he had granted to me, the judge ruled to move to trial on only the matter of the incorrect accounting, making the erroneous assumption that XXXX had proven they had the legal right to pursue this matter. All this occurred even in light of the fact that I had hired a forensic mortgage examiner who proved that the original mortgage had not only been sold as a security ( which I did not authorize and was not noticed about ), but that security had then been split into several tranches, which, by law, renders it an ineffective instrument that can no longer be secured by real property. And to further demonstrate the lack of an existing legal mortgage secured by real estate, the balance shown on the various tranches into which the security was split, was {$0.00}! Clearly, there was no existing mortgage over which to fight. The examiners sworn affidavit is attached to this letter. But since the judge, colluding with XXXX, had ignored all these facts, and ruled to award Summary Judgment to the Plaintiff ( still not legally named as XXXX ), we had no choice but to appeal this interlocutory order. After presenting black and white evidence to all appeals courts in SC, showing we were right and having the Plaintiff provide no disputing evidence, the courts somehow still ruled that the interlocutory order could stand. Having read in other states where courts are starting to wake up to the securities fraud being conducted with mortgages, it appeared that our own local judges had not yet gotten the memo about the egregious and illegal acts being conducted by mortgage servicers and they, too, were willing to turn a blind eye to the fraud being perpetrated upon me and countless others. The last appeals court ruling was several years ago, and recenty, I have begun receiving monthly statements from Select Portfolio Services ( SPS ), which seem to claim that they now think they have something to do with this matter. The numbers on their statements are, of course, erroneous, dating back to the errors discovered in XXXX, and do not reflect the {$0.00} balance reflected by the securities documents, but they now seem to think they are in a position of authority and may attempt to file another lawsuit over it. I believe they will not be able to pick up where the old, abandoned lawsuit left off, but I do not put it past them to try. As soon as I received their first correspondence, I sent them a Qualified Written Request, asking them to provide any evidence that they have involvement with any mortgage or matter related to me, the legal chain of title indicating how they wound up in any position of authority they appear to be claiming, and they have, just as their predecessor had done for over five years, ignored my requests ( I have now given them three opportunities to provide a reasonable response ) and simply submitted the same documents theyve been sending in the way of some account statement that had already been sent many times, that does not even appear to be related to my situation. In any event, anything they attempt to do at this point would be untimely, and their continued correspondence serves no purpose but to harass me, as I attempt to ready my home for eventual sale in the next few years or so. I again feel as if, as I did for so many years, that the Sword of Damocles is hanging over me, causing me great XXXX XXXX to the point it is impacting my family, my work and my ability to earn a living from my already stressed company suffering from the downturn caused by the pandemic. So, I am asking the CFPB to step in and prevent SPS from taking any action and continuing to harass me unless and until they can provide evidence, admissible in court, of their involvement in this matter and why they appear to be attempting to collect a debt related to a mortgage that the securitization documents show to not exist. If, at any time in the future, firm proof that something is owed to a party relative to this securitized, bifurcated, and now non-existent mortgage, I will resolve that debt from the proceeds of selling my home when I am in a position to do so. Until that time, I request that the CFPB order SPS to remove any and all negative information from my credit reports, and remove any relationship to them or any entity they claim to represent, from my insurance documents and anything else where the name SPS, XXXX, or XXXX might appear. To my knowledge, I have no business with or relationship with either of these entities. Thank you for your assistance in this matter. Sincerely, XXXX XXXX XXXX Attachment : Affidavit of XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A