Date Received: 2020-03-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: So I received a trial modification in XXXX first payment was due in XX/XX/XXXX i sent that payment in the middle of XXXX for XXXX the required amount is XXXX but as i wire the money in it is easier to round up on XX/XX/XXXX or there about I thought I would get ahead by paying an extra XXXX dollars so I could then pay the reminder end of XXXX for XXXX payments well this is where it went wrong no they won't let me use the money there I have to pay the full XXXX which shorted my truck payment as I had budgeted the payment to be XXXX dollars less I sent in the XXXX and they said that I could use the XXXX on the next payment when I went to pay I found out guess what they lied again no we will use that money to go to the back payment owed when we do the final payment of the trial due XX/XX/XXXX which I sent in via XXXX XXXX due to the covid19 and the local bank unable to do a wire via the drive up and a few other complications wire sent XX/XX/2020 this time for the exact amount. This is XXXX it is my money how I use it is up to me
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84651
Submitted Via: Web
Date Sent: 2020-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am in receipt of a copy of complaint filed with the Consumer Financial Protection Bureau dated XX/XX/XXXX, File Number XXXX, filed by a co-owner of the property, for attempting to steal a property through possible auction rigging, without a proper due process, depriving ones right to cure / opportunity to cure, despite a TILA rescission made within a statutes of limitation, and a tender of payment made in full. I wholeheartedly concur with the complaint filed. I hereby file my own independent complaint against Select Portfolio Servicing , Inc., by stating the following undisputed facts. 1 ) TILA Rescission : I, along with the co-owner rescinded the original contract with the original lender/servicer in XXXX. I have never agreed to enter into any contract or agreement with Select Portfolio Servicing , Inc. or its principal/agent. By Certified mail, Select Portfolio Servicing , Inc. is in receipt of the copies of the NOTICE OF RESCISSION dated XX/XX/XXXX, and UNITED STATES DISTRICT COURT XXXX DISTRICT OF CALIFORNIA CIVIL MINUTES -- GENERAL whereby the Court did take Judicial Notice of the notice of rescission to XXXX XXXX, the original lender and servicer of the loan, and stating the fact that The bank apparently did not respond to this notice. It is uncontroverted, un-refuted, un-rebutted and undisputed : the signature is rescinded, has been rescinded since 2009 per TILA 15 USC 1635therefore, any security interest given by the obligor, including any such interest arising by operation of law, becomes void. 15 USC 1635 ( b ). When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void 12 CFR 1026.23 ( d ) ( 1 ). Courts have also noted that a successful rescission under TILA voids the creditors security interestSee, e.g. Paatalo v. JPMorgan Chase Bank, 146 F. Supp. 3d 1239, 1243 ( D. Or. 2015 ) The resolution of this claim would thus affect the creditors order of priority in the bankruptcy action. Select Portfolio Servicing, Inc., or its principal/agent has gone silent upon receiving this information, but the fact remains that the Select Portfolio Servicing , Inc. cant foreclose using a voided security instrument, as the Judicial Notice states. 2 ) Select Portfolio Servicing , Inc. stated that they will foreclose the property on XX/XX/XXXX. Under duress, I filed for Bankruptcy on XX/XX/XXXX, and gave the Notice of Bankruptcy Case Filing to the designated auction company, XXXX. As the result, the auction did not take place on the scheduled day/time/place by this auction company, the bidders were informed accordingly, and I received a cancelled confirmation from the auction company. Unless there was an AUCTION RIGGING that took place AFTER the scheduled auction, a foreclosure sale did not take place on the date/time/place of public announcement. 3 ) Select Portfolio Servicing, Inc. claimed they represent a new owner of the deed of trust and the note, and demanded a payment in full, or they will foreclose. I was not given a right to cure / opportunity to cure by Select Portfolio Servicing , Inc . I have never been presented with a proof of Chain of Title or Chain of Custody of the original Promissory Note and Deed, and their ownership. With a support from my family, I exercised my right to cure / opportunity to cure and arranged for and tendered offer to pay in full not partial but for FULL PERFORMANCE, ending in a XXXX ( XXXX ) ending balance. Select Portfolio Servicing , Inc. asked for payment and received the tender of payment in full per Cal. Civ. Code 1487 by Certified mail to an address instructed by SPS, Attention : Remittance Processing. SPS signed for it and retained it. The Bank Note was not found wanting. 4 ) Today, I began receiving calls on my mobile phone and home phone, enormous numbers of text messages on my mobile phone, and email from a real estate broker, XXXX XXXX XXXX XXXX, who claims he represents Select Portfolio Servicing , Inc., who foreclosed my property, urging me to relocate ; stating that the Select Portfolio Servicing , Inc. hired a law firm XXXX XXXX XXXX who are aware that many members of the family live there. I have never consented to give or sell my personal information to any 3rd parties. Did Select Portfolio Servicing, Inc., give or sell my personal information, such as my mobile number, home number, and email number to a 3rd party without my consent? Did Select Portfolio Servicing, Inc., hire someone to harass or invade our family or residents privacy? I did not and do not give such consent. 5 ) What authority did Select Portfolio Servicing , Inc., have to foreclose my property 1 ) using knowingly void security instrument, 2 ) despite the knowledge of bankruptcy filing and cancellation of auction on the scheduled date/time/place, and 3 ) after exercising my right to cure / opportunity to cure by tendering an offer of payment in full? What authority did Select Portfolio Servicing , Inc., have to give or sell my personal information to 3rd parties without my consent? There is no evidence showing Select Portfolio Servicing , Inc. has or had any authority to conduct acts listed above. Therefore, I believe they have committed crimes. It is my understanding that the Consumer Financial Protection Bureau was established to protect consumer from crimes against consumers, and I expect the protection in action. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90808
Submitted Via: Web
Date Sent: 2020-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I already submitted a complaint, ref # XXXX. However, I need make a correction on the mortgage payment amount referred to in two areas of my complaint. Since this can not be corrected, I am submitting this new complaint. On XX/XX/XXXX, I refinanced my house located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX through a loan company called XXXX XXXX. The loan was done to pay off my back taxes on a XXXX XXXX. The loan servicer was XXXX XXXX XXXX XXXX. They took an excessive escrow amount for impounds on property taxes. A payoff processing fee of {$7600.00} and additional amount of {$6700.00} for property taxes which totals to {$14000.00}. My interest rate was suppose to be 5.7 % but they changed it to 5.8 and included a prepayment penalty on loan document signing. The payment schedule is confusing on the loan disclosure. It states that the monthly payment will be {$1600.00} which included principal and interest. Now, my mortgage statement says this will only include interest and they have my monthly payments at {$3000.00}. They have not corrected my mortgage payment for the adjustment in property taxes. I have called both XXXX XXXX XXXX XXXX department and I contacted Select Portfolio Servicing three times already to correct this. SPS sent me a letter on XX/XX/XXXX about hazard insurance required on the XXXX XXXX XXXX, XXXX XXXX, CA XXXX and they plan to buy insurance at a possible higher cost. I already had insurance and they were sent the documentation. Because of the problems in servicing my escrow account, I notified them in writing on XX/XX/XXXX, that I did not want an escrow account. I told them that I already paid my property insurance/property taxes and plan on paying both in the future. Yet, Select Portfolio refuses to refund the money taken for my escrow impound account and keep sending me for monthly mortgage payment of {$3000.00}, which is incorrect and I can not afford. I have been making a monthly payment of {$1600.00} on time. That amount is for the first 120 months which is stated on the first page of the loan documents. I want my escrow money refunded, my mortgage payment reflecting {$1600.00} to include principal and interest. I'm worried that they will foreclose on me for not paying the mortgage amount that they are requesting. I would greatly appreciate if you would investigate this matter and this resolved. Sincerely, XXXX XXXX SPS Account # XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92084
Submitted Via: Web
Date Sent: 2020-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX, I refinanced my house located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX through a loan company called XXXX XXXX. The loan was done to pay off my back taxes on a XXXX XXXX. The loan servicer was XXXX XXXX XXXX XXXX. They took an excessive escrow amount for impounds on property taxes. A payoff processing fee of {$7600.00} and additional amount of {$6700.00} for property taxes which total to {$14000.00}. My interest rate was suppose to be 5.7 % but they changed it to 5.8 and included a prepayment penalty on loan document signing. The payment schedule is confusing on the loan disclosure. It states that the monthly payment will be {$1600.00} which included principal and interest. Now, my mortgage statement says this will only include interest and they have my monthly payments at {$3000.00}. They have not corrected my mortgage payment for the adjustment in property taxes. I have called both XXXX XXXX XXXX XXXX department and I contacted Select Portfolio Servicing three times already to correct this. SPS sent me a letter on XX/XX/XXXX about hazard insurance required on the XXXX XXXX XXXX, XXXX XXXX, CA XXXX and they plan to buy insurance at a possible higher cost. I already had insurance and they were sent the documentation. Because of the problems in servicing my escrow account, I notified them in writing on XX/XX/XXXX, that I did not want an escrow account. I told them that I already paid my property insurance/property taxes and plan on paying both in the future. Yet, Select Portfolio refuses to refund the money taken for my escrow impound account and keep sending me for monthly mortgage payment of {$3000.00}, which is incorrect and I can not afford. I have been making a monthly payment of {$1600.00} on time for the first 120 months which is stated on the first page of the loan documents. I want my escrow money refunded, my mortgage payment reflecting {$1600.00} to include principal and interest. I'm worried that they will foreclose on me for not paying the mortgage amount that they are requesting. I would greatly appreciate if you would investigate this matter and resolve it. Sincerely, XXXX XXXX Loan # XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92084
Submitted Via: Web
Date Sent: 2020-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Company denied modification because they couldn't reduce principal and interest. However after receiving copy of denial we clearly see principle & interest would be reduced with a modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 75104
Submitted Via: Web
Date Sent: 2020-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: SPS Select Portfolio Servicing a mortgaging servicer for XXXX XXXX XXXX. I made scheduled mortgage payment to SPS on XX/XX/XXXX, in the amount is {$1100.00} which they admitted making a error posting the payment as a principal payment. I requested a correction to be made regarding the reposting of the erred principle payment as a regular scheduled payment. I also requested SPS send me a new 1098 and New Escrow Analysis ; since the misapplied payment on XX/XX/XXXX eschewed there final figures. I have not received the corrected 1098 to do my taxes nor have I received a new Escrow Analysis to determine what my scheduled monthly payments should be. Currently Im over paying my mortgage by paying XXXX monthly to avoid being late. This issue has been going on for months without a resolution. I pray CFPB can intervene on my behalf.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 76040
Submitted Via: Web
Date Sent: 2020-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: SPS owns our loan. Since they purchased the adjustable mortgage loan they have decided to not a lot the money Ive noted for principal. This has happened in XXXX and XXXX. In XXXX, I sent a separate check notated for principal only for XXXX and a check for XXXX $ for the normal monthly payment. They yet again decided to split the XXXX check into 2 allotments. They notated XXXX of that for the next 2 payments instead of having it go towards principal. I called them and again asked for this to be reversed. When they owned this same loan a few years ago we went through the same issues. I have worked with a lot of loan companies and this is the only one that can not seam to put the principal payments towards principal.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80906
Submitted Via: Web
Date Sent: 2020-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX-XXXX contractors who represented the Hero and California First programs came knocking at my door to make my house energy efficient and bring my utility bill down. I had just lost my husband to sudden death and yes the house was in need of repair. These contractors totally misrepresented themselves and did not totally explain the truth. By XX/XX/XXXX my property tax bill which normally ranged between {$600.00}. to {$700.00}. was now over {$5000.00}. this raised my mortgage payments to over {$2200.00}. I had no equity because before my husband died he refinanced our home to receive the capital he needed to for a business. Just as I was ready to walk away from my home my children told me to apply to Keep Your Home California, Thank God they accepted my application and awarded me {$97000.00} to reduce the principal balance. These funds went to my Mortg. servicer XXXX XXXX, XXXX XXXX XXXX XXXX. XXXX, TX XXXX Ln. XXXX When they received the {$97000.00} I requested that they pay off the super leans from the Hero and California First. which was raising my mortg. pmts. They said no they could not. I think they are in default in handling these funds that were granted to me to help me and now that the taxes are over {$8000.00}. my mortg payment is getting harder to pay.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92324
Submitted Via: Web
Date Sent: 2020-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing purchased my mortgage. The year of XX/XX/2019 funds were being escrowed for taxes and insurance. At the end of XX/XX/2019 the company did not pay my property taxes. I did not know this until I got a past due bill with penalties from the County. I called them. They said that they dont escrow. When I finally got through to them that it was the XX/XX/2019 taxes that were due, I got the run around about the escrow account. The amount due is {$16000.00}. I was told that the check was mailed XX/XX/XXXX. Then I was told it was cut XX/XX/XXXX but mailed XX/XX/XXXX. I still have not received the check for {$16000.00}. My XX/XX/2019 property taxes are still not paid. This is theft.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 782XX
Submitted Via: Web
Date Sent: 2020-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: For nine years we paid our monthly mortgage through XXXX XXXX. On XX/XX/XXXX XXXX XXXX sold our mortgage to XXXX XXXX XXXX XXXX XXXX, with the servicing of our mortgage being handled by Select Portfolio Servicing , Inc . On XX/XX/XXXX SPS , Inc. sent us a Mortgage Statement showing our payment of {$460.00} due on XX/XX/XXXX to be automatically deducted from our bank account per our previuos agreement with XXXX XXXX. Our problem with this new servicing company is in regards to the breakdown ( principal and interest ) of our payment. The XXXX Mortgage Statement shows a principal amount of {$58.00} and interest amount of {$400.00}. Our XXXX Mortgage Statement from XXXX XXXX showed a principal amount of {$190.00} and interest amount of {$260.00}. In all of XXXX, our interest amount from each monthly mortgage payment made through XXXX XXXX was never over {$290.00}. Now, SPS , Inc. is increasing our interest amount to {$400.00} on our first payment with them (? ). In XXXX I contacted the SPS, Inc. Customer Service Center to get this straightened out and was told it would have to be researched and I would get a response in writing. I'm not liking how everything is being handled by this new company. Therefore, on XX/XX/XXXX, I paid off all but {$200.00} of the original principal amount that was transferred to the new company. My thinking is the XXXX payment of {$460.00} that was deducted from my account should have been allocated to have approx. {$200.00} towards principal and the rest towards interest. That would leave very little if anything left to be paid on my mortgage account. On XX/XX/XXXX I called the Ombudsman Department at SPS , Inc. to find out what the balance ( principal and interest ) is to pay off my mortgage completely. Again I was told it would have to be researched and I would get a response in writing. As of today, XX/XX/XXXX, I still have not received anything ( in writing or other ) telling me what my true payoff is. Meanwhile the interest continues to accrue. I once again called the Ombudsman Department at SPS , Inc. and demanded that they get the issue with my XXXX payment corrected and give me my true payoff so I can be done with this company and get my cleared documents. Their answer once again was that they would have to turn it over to another department to research and they would get back to me in writing. I'm at an impasse with this and am being XXXX, as interest is accumulating daily while they take their time " researching ''. Luckily, I was able to pay off the bulk of my principal balance early. Imagine the poor people that aren't able to pay off their mortgages? They are being XXXX on higher interest payments and no one is doing anything about it! Please look into this fraudulent practice - this is not right, and companies like this should not be allowed to do business!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 786XX
Submitted Via: Web
Date Sent: 2020-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A