Date Received: 2021-01-12
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: My name is XXXX XXXX and I am a resident of the state of Georgia. My mortgage servicer is Select Portfolio Servicing , Inc . Select Portfolio Servicing , Inc., purports that they work on behalf of XXXX XXXX XXXX. whom they claim is the owner of my mortgage loan. Select Portfolio Servicing Inc., hires a law firm by the name of XXXX XXXX XXXX XXXX to act as a foreclosure attorney for the servicer on behalf of the Owner/Investor of the loan, XXXX XXXX, XXXX. For years I have provided Select Portfolio Servicing, Inc and XXXX XXXX XXXX, XXXX with XXXX XXXX evidence that XXXX XXXX XXXX. does not own my loan. I have also asked for Validations of Debt from XXXX XXXX XXXX XXXX on several occasions. XXXX XXXX XXXX, XXXX never actually validate the debt however, they consistently try to foreclose on my property. Employees of XXXX XXXX XXXX XXXX also submit themselves into state and federal records purporting to be the legal representatives of XXXX XXXX XXXX. This is extremely illegal. Most recently I have called XXXX Headquarter and Mortgage Servicing departments and they too have said XXXX XXXX XXXX. has never owned my loan, has no records of my loan and do not have information in their data base pertaining to my name, address, loan number or social security number. Furthermore, cases like Stubbs vs. Bank of America and You vs. JP Morgan Chase ( GA Supreme Court Case ) clearly state that only the SECURED CREDITOR can foreclose on a property. XXXX XXXX XXXX XXXX are aware of that laws required to LEGALLY foreclose on a homeowner in the state of Georgia. In conclusion, XXXX XXXX are using a pseudo entity to foreclose on my home which would be considered theft, fraud and I am sure many other infractions. I must assume that XXXX XXXX XXXX XXXX engage in these practices quite often and need to be stopped. As barred attorneys they are supposed to uphold their oath and should not engage in fraud before the courts. Please investigate this matter and if you do, I will assure you that this law firm has engaged in illegal foreclosure and fraud before the courts for over 10 years and need to be stopped.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30214
Submitted Via: Web
Date Sent: 2021-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-11
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: To whom it may concern on XX/XX/2020 Select Portfolio Servicing ( bank ) granted a 90-forbearance due to covid 19 hardship. Reduction in hours, school closures, office shutting down etc. During the forbearance period starting on XX/XX/2020 ending XX/XX/2020 o payments were due. However Only XX/XX/2020, Select Portfolio Servicing, then reported to the 3 credit bureaus that my mortgage account ( which they no longer had ) was over 60 days past due. THIS IS NOT THE CASE, under the Federal guidelines, NO NEGATIVE REPORTING WAS TO BE DONE TO CREDIT AGENCIES DURING THE FORBEARANCE. ( from Select Portfolio Servicing ). I contacted SPS, they told me they no longer have account information and would not take back the negative credit report. After several failed attempts with SPS ( select portfolio servicing ) to fix my credit report, I then contacted XXXX, and disputed this issues 3 times with them each time submitting documents that prove that SPS fraudulently reported 60 days past due on my credit even though a forbearance was in place. I received a letter back on XX/XX/XXXX from SPS admitted they reported incorrectly and would fix it, they never did. I supplied XXXX with these documents and now my credit report is even further damaged, it now shows incorrectly that I was 60 days past due on my SPS account in XXXX of 2020 even though i did not have that account open as of XX/XX/2020. Select Portfolio Servicing has broken federal guidelines during a forbearance and still as of today XX/XX/2020 has still NOT fixed my credit report.
Company Response: Company believes complaint is the result of an isolated error
State: MA
Zip: 01844
Submitted Via: Web
Date Sent: 2021-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-09
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Every month in 2020 select portfolio servicing has shown my mortgage payment 30 days past due. This is not correct, every month in 2020 I paid my mortgage. XXXX - XX/XX/2020 my payment was XXXX but them changed to a higher payment of XXXX for the rest of the year and from XXXX - XXXX I paid the higher payment each and every month. I have tried to get them to change this and they will not. This is really affecting my credit report. We have tried to refinance with another mortgage company but because of the false reporting on our credit report, no company will work with us.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 37087
Submitted Via: Web
Date Sent: 2021-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX has been affected by XXXX. I have been hospitalized several times the past 4 years. I'm XXXX percent XXXX and in a XX/XX/XXXX. Contacted my mortgage company a lot of times for the last 2 years asking for assistance with my mortgage. Summitted paper work to Select Port Folio requested for the mortgage assistance. I have a property foreclosure sale date for XXXX under the federal Hero Act they are not suppose to foreclose on property until after the XXXX XXXX. I have faxed my modification request recently with financials to Select Port Folio request the property foreclosure sale be postponed and process the modification request. I want the debt validated the amount they say I owe on my home I feel is wrong..
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38115
Submitted Via: Web
Date Sent: 2021-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX I took advantage of a program called XX/XX/XXXX I qualified for $ XXXX assistance that went towards my principal that brought my home in line with the current market value. In XXXX, XX/XX/XXXX transferred the servicing of my loan over to Select Portfolio Servicing. I have been trying for the last year to have the PMI removed in which they were the ones who initially brought to my attention that my LTV value would permit it. They have giving me the run around after I paid their BPO they use {$120.00} to come out and give them the value of my home. The PMI costs me {$99.00} per year, which in turn has cost me over {$1000.00} and climbing because they refuse to release that amount due every month. We have gone back and forth from them telling me that I don't qualify due to having been late on my payments, to the value of my home, etc. When you call the company most of the representatives seem to not even be familiar with the mortgage process or verbiage when asking questions. So there in itself seems as though they hire incompetent people to assist homeowners. The balance on my home is {$150000.00}, the value of my home is over {$220000.00}. I feel like I'm apart of some type of predatory servicing company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30291
Submitted Via: Web
Date Sent: 2021-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I applied for a Loan Modification. I received a letter dated XX/XX/XXXX that I would not be reviewed and then on XX/XX/XXXX I received 2 letters stating my loan Modification was under review. To date I have not received any further determinations but a series of letters from the Servicer SPS requesting I apply for mortgage assistance. I am contacting CFPB because I have not been afforded the Federally mandated assistance required by a Servicer. I have called and written the Servicer and requested the point of contact that has knowledge of my loan meet with me by phone. SPS has not provided that contact although they have provided 5 different names since XXXX. I do not want to talk to someone who is not assigned to my loan as they like to have a 800 customer service person speak with me. General customer service has never been able to answer my question because they do not know and are not familiar with all the details from origination. SPS has called me and every time I answer the phone the person hangs up. I call back to only find out that it is an autodialer for collections not to discuss my loan. The Federal Law states that the Point of Contact must be made available. During the life of the loan I have been Dual tracked, there has been a forced place insurance policy when SPS was notified by my insurance company that I did indeed have insurance at all times however they demanded payment for an insurance policy during the modification period which I did not need to pay and certainly could not afford. During the the 10 month Covid period they could have worked on the modification as I requested and as their letter stated they would review. They have 3 times delayed a foreclosure date without providing the assistance and or review required. I had not had a request for a loan modification in the 12 month prior to the XX/XX/XXXX request ant the modification they previously offered only failed when they dual tracked, expected me to make a payment while scheduling a foreclosure, placed a forced placed insurance policy, offered a modification without taxes and then came back one month later to increase the payment by XXXX which they knew could not be legally done. I in fact told them I was ready to make the payment in full but they offered no forbearance of the defaulted amount, which increased the payment XXXX/month. Under CARES I, Chapter 2 of A.B. 3088, For a non-federally backed loan the servicer must offer eligible borrowers options that are consistent with its contractual duties and with the guidelines for federally-backed loans. This is part of C.A.R.E.S which does apply to my loan and SPS is ignoring this law. In the State of California there is a stay at home order, they have listed a location for Foreclosure sale that is not accessible during the order and have not bothered to follow the law regarding the Modification or the Foreclosure. I sent in writing a qualified written request for a valuation because that is part of the modification package for the underwriter but they have not provided. The value of the home exceeds the defaulted amount to date. SPS instead said they would use a valuation from XXXX. This would not be in line with a full package loan modification submission to an underwriter which leads me to believe they have no desire to assist or review and just send form letters for compliance. Beyond the legality they have shown a lack of ethics for a business practices.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92506
Submitted Via: Web
Date Sent: 2021-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX I purchased my home with a FHA mortgage from XXXX XXXX. It was a fixed rate 30 year loan. I was to be done with payments by XX/XX/XXXX. My loan has been sold at least two times since XX/XX/XXXX, once to I believe XXXX and then to Select Portfolio Services. I recently attempted to refinance my mortgage. I found out that the terms changed to something I believe the officer told me was a balloon payment that was a 46 year term. I never signed paper work to have the terms of my loan changed and I am concerned that I have been mislead in some way.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 15235
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: My rights to information has been violated. I had no knowledge of the assignment of Mortgage dated XX/XX/14 by the U.S. Department OF Housing and Urban Development. Mortgagee Letter XXXX and letter dated XXXX XXXX nor did I sign consent that needed the borrower to sign form. Also the Modification loan Agreement dated XXXX XXXX that loan is connected with the XX/XX/2014 Assignment of Mortgage documents. Also the XXXX XXXX loan Modification Agreement XX/XX/14 which is a conventional mortgage loan, I did not signed consent to a XXXX XXXX mortgage loan or any other conventional mortgage loan. Both are improper and misleading and misrepresented. See Exhibits A B and C
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33056
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The borrower received a Trial Payment Plan Offer from SELECT PORTFOLIO SERVICING , INC, which is enclosed. The Trial Payment Plan Offer states that {$100000.00} will be forgiven by the investor once the modification is permanent. She relied on this and accepted the Trial Payment Offer. She completed the trial payment in XX/XX/XXXX. She recently ordered a payoff on XX/XX/XXXX. This payoff reflected a {$350000.00} amount that was due, which does not reflect the forgiven amount. In review of the final modification offer dated XX/XX/XXXX, instead of a {$100000.00} principal forgiveness, there was a principal deferral of {$100000.00}, which was contrary to what was promised during the Trial Payment Plan. We ask that the CFPB please review this matter and contact Select Portfolio Servicing , Inc. in order to come to a resolution for this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60656
Submitted Via: Web
Date Sent: 2021-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I began to manage my parent 's expenses in XX/XX/XXXX. Due to both my parents becoming Ill then passing away within 2 months of one another. My Parent 's had file a bankruptcy approx. 5 years prior to their passing. their Mortgage loan servicing company Select Portfolio Serving, had refused to discuss the account with me every time I called, they were happy to take the mortgage payments however even after sending requested certificate 's and probate award documents still refused specifics about the account. after sending probate award documents they then asked for an affiv showing myself to be administrator or executer of the estate, well the probate documents stated all the information they asked for. so my attorney draft an affiv that I had notarized and faxed to SPS, however now when I call they tell me I need to speak to the bankruptcy dept. and calling three times in one day is excessive. with the same out no one is available to take my call. someone is always avail to take the mortgage payments, for a year I have been denied information on this account. so in the process of refinancing my lender remarked that if their dedt was discharged it may be dissolved. I feel as thought I have been taken advantage of, and my rights have been violated by this company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93291
Submitted Via: Web
Date Sent: 2021-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A