Date Received: 2019-12-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My mortgage is currently serviced by Select Portfolio Servicing ( SPS ). It is a loan backed by XXXX XXXX and is currently delinquent. On many occasions, I have sought loss mitigation efforts with SPS and contacted their loss mitigation department regarding the same. SPS has refused to process my loan modification and issue clear underwriting determinations. Per HUD regulation 24 CFR 203.604, contact with the mortgagor, provides that " the mortgagee must have a face to face meeting with the mortgagor, or make a reasonable effort to arrange such a meeting, before three full monthly installments due on the mortgage are unpaid. '' Since the loan is insured by the XXXX XXXX, this regulation applies, as well as the liability reporting valid information to HUD. It is clear that violations of the False Claims Act ( FCA ), 31 USC 3729 - 3733, since they knowingly withheld information and reported false records to a Federal Government Agency. SPS has also advised that they refuse to offer a standard foreclosure mediation, which is a requirement per Indiana law. This is a clear violation of Indiana Code 32-30-10.5. Per the IN statute, clear notification must be sent to the home owner, giving the option for standard foreclosure mediation. SPS has set a foreclosure sale date for XXXX, during the period where mediation and loss mitigation should be occurring. SPS is in clear violation of False Claims Act, RESPA law and IN Code 32-10.5. XXXX has imposed a foreclosure sale date on XXXX, so I am seeking your assistance on this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 46385
Submitted Via: Web
Date Sent: 2019-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select portfolio once again continuing their insurance fraud act on my mortgage account. I have received a renewal notice. I have no obligation to have hazard insurance and mortgage payments on my home, according to my defected permanent home modification. But select portfolio have been collects a unlawful debit every month. Select portfolio has force me to pay a fraudulent insurance that doesn't exits. Select portfolio collected {$680.00} fraudulently and want to collect this coming year. I am Asking here the full name the officer who examined my mortgage and ordered that I have to pay Hazard insurance. The Documents you sent me last time to justify your decision is qualifies intentional fraudulent misrepresentation and deceitful documentation. I am asking Select Portfolio the provide the full name of the officer. I finalized my investigation last month and I have full understanding the scheme you are participating, I will file a case against all players the coming three month. my goal is that innocent home owners never go through, what you put me through.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I originally applied for a short sale on XX/XX/XXXX and was approved. I presented 3 offers and unfortunately SPS took too long to process offers. All three buyers withdrew their offers. The real estate agents and potential buyers were disappointed because SPS has been completely disagreeable, disrespectful, difficult, extreme inability to be flexible, display of unprofessional business practices and the lack of knowledge/training of customer service agents giving wrong information which caused delay in the process. Also SPS has a bad reputation in the industry. On the Consumer Affairs website SPS has year to date 76 reviews and all of them have a one star rating, which is the lowest. The XXXX XXXX XXXX has 334 complains in the past three years. In the past 12 months SPS 140 closed complains. This information was very discouraging to agents and buyers. I did not have any control of any of those factors which hurt me on the long run. I was the victim of SPS poor reputation and unfair lending practices. I need to sell my property on a short sale because I had financial issues due to medical expenses. The FDCPA is broadly interpreted to protect debtors, because all consumers, even those who have mismanaged their financial affairs resulting in default on their debt, deserve the right to be treated in a reasonable and civil manner. The FDCPA lists several practices that are illegal, including using misleading or false statements to collect a debt, from the standpoint of the least sophisticated consumer. SPS have engaged in unlawful and deceptive acts, practices and misconduct in connection with the ownership and servicing of my residential mortgage loan, including, but not limited to charging unlawful inspection charges. SPS uses false, deceptive, misleading, unfair and unconscionable practices. My loan was sold / transfer on XX/XX/XXXX to SPS. The loan was a conventional loan without PMI with a principal balance of {$320000.00}. As of XX/XX/XXXX it has a principal balance of {$480000.00} and a payoff of {$580000.00}. Since I stared the short sale process I have made 657 ( SIX HUNDRED FIFTY SEVEN ) phone calls trying to get SPS to cooperate and speed the process up so the buyers would not get frustrated with the process. Most of the time I would get the wrong information from the SPS representative. I would follow the instructions given to me and when I would call to follow up and check status of short sale I would be told that the information given to me by the SPS representative was wrong and I had to start all over. I called for my relationship manager XXXX XXXX 46 ( FORTY SIX ) times and was not able to reach him. I left messages for Mr. XXXX to call me back and I only received 4 ( FOUR ) returned calls. Eight times I was told that I did not have a relationship manager and they could not explain why Mr. XXXX was no longer my relationship manager and the reason my file did not have one. I have been told several times that I only get one shot at the Short Sale process but your letters disclose the opposite. All the other offers did not work out because of SPS not cooperating, lack of consistency on their requirements, unfair lending practices, employees lacking the experience to deal with certain loan issues and complicating and delaying process. According to your disclosures the property appraised at {$390000.00}. We have an offer in the amount of {$390000.00} and buyer has been approve and ready to close. We have provided all that information to SPS. It is very unfortunate that SPS is discriminating against my race and national origin and has treated me very unfair in the process. I feel you have violated fair lending practices. SPS is willing to foreclose on a property than give me the opportunity to sell property on a short sale for the current appraise value. If SPS forecloses on this property it will not sale for the appraised value and SPS will have to pay all the expenses of foreclosing on property. STOP DISCRIMINATING AND ENFORCE FAIR LENDING PRACTICES. PLEASE REVALUATE MY APPEAL AND DO THE FAIR AND RIGHT THING.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 70003
Submitted Via: Web
Date Sent: 2019-12-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been trying to apply for a loan modification since XX/XX/XXXX with my lender, SPS and have been unsuccessful in my attempts because I have been receiving different information each time I submit for a review. I first started to submit for a loan modification in XX/XX/2019. When I initially submitted the application, the representative I spoke with, Ms. XXXX XXXX, told me that my application was denied for a streamline modification that did not review income. She also said that, “it was not in the interest of the investor,” to modify the loan which I did not understand and thought was vague. Then I tried to submit another application in XX/XX/2019 and they immediately denied it and said I needed to re-submit everything because the application I sent had the incorrect date on it. I did what the lender requested and re-submitted on XX/XX/XXXX. They still denied my application, and only four days after I initially submitted the application. Then in XX/XX/XXXX I attempted to submit for a modification again. I filled out the modification application and submitted it to the lender on XX/XX/XXXX. The representative I spoke with on the XX/XX/XXXX, Ms. XXXX XXXX, told me that the investor does not require financials for the application and that it would take them 30-days to review my application. On XX/XX/XXXX I called to check for an update on my application and the rep I spoke with, Ms. XXXX XXXX, told me that they denied the application I sent on the XX/XX/XXXX and determined in their decision that no retention options were available to me. When I received the denial letter, all it said was that no retention options were available to me but it did not give any other explanation and also said that income was not reviewed or considered as a part of this request. I called the lender for a detailed explanation and spoke with Mr. XXXX XXXX who told me that I was denied modification because of the modification I had on my loan in the past and how much past due the account was that they couldn’t reduce the payment. However, Mr. XXXX did advise me that if I had a change in circumstances like additional income or a contributor or new job with increased earnings, I could appeal the decision and submit it with the new information for the advocacy department to work with Underwriting to review the appeal. So I attempted to submit an appeal to the decision because I am a small business owner and believe that the increase in income I was receiving would prove that I could afford a modification and help me save my home. I submitted a written appeal and a profit and loss statement showing the increase in income I have on the XX/XX/XXXX. Several days later I received letter that said my appeal for Loss Mitigation was declined. The reasoning behind the decision was very confusing. Initially it says that income was not considered or a part of this evaluation but then the letter goes on to say that the decision for the denial was, “based on your individual circumstances.” It also says that the review that they were unable to offer a trial modification because, “we could not reduce your principal and interest payment.” I believe that the explanation behind the decision is misleading and doesn’t explain exactly why or why I do not qualify for modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 48306
Submitted Via: Web
Date Sent: 2019-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I was recently denied a loan modification by my loan servicer Select Portfolio Servicing.I feel there is no good reason for this loan to not be modified or restructured. I have been battling this servicer for years and all they have offered in the past is a loan modification with a huge balloon payment at the end of it that they know I can't afford. I am disputing this denial of a modification and am asking that the loan be restructured. Given an entire new loan number and restructured. Every time Select Portfolio Srvicing has contacted me the first thing they say is how much they care and how much they want to help me retain my home. If this is true they will review and approve my loan to be restructured. This loan can be easily put back on track but they are more interested in foreclosing.The principle amount can be reviewed and lowered, the interest rate can be reviewed and lowered. Mortgage companies have been doing this to help homeowners ever since the housing crisis. I don't see why this company can not. Again I am disputing my denial of a loan mod/restructure and am demanding that my loan be reviewed for a retructuring.I have had trouble paying in the past but am in a much better place to make this work.Also the foreclosure date is set for XX/XX/2020 and if I am correct the notice has to run in local paper for 31 days prior in Georgia. As of Today XX/XX/XXXX it has not been posted in our local papers legal section. They are foreclosing illegally.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2019-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage was transferred from XXXX XXXX to Select Portfolio Servicing. I was unable to initiate any online account with the account number I was provided by Select. Select 's customer service was horrible. I initiated an immediate refinancing of my mortgage back to XXXX XXXX. My mortgage loan funded on XX/XX/2019. On or around XX/XX/2019, I began receiving harassing phone calls from Select Serving demanding on " get on the same page in regards to my late XXXX mortgage payment. I demanded a supervisor and informed Select Serving the only page I needed to get on was when I was going to receive not only the my first mortgage payment of approx. {$1200.00} but my escrow account of over {$6900.00}. Not only was I told a check would be cut within a week but my mortgage broker has been in touch with the department responsible for sending these types of refund checks and told the same. My mortgage broker has called Select Serving everyday and everyday we are told the check is going to be cut. To date they continue to hold my money hostage and refuse to send the check. Select Serving did not have full control of my mortgage loan when the refinance went through therefore, they are not entitled to utilize my escrow monies. My mortgage broker provided his credit card so the check could be sent overnight to me. Please help me get my money from the company. They should not be allowed to do this to anyone. XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 75007
Submitted Via: Web
Date Sent: 2019-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing, Inc. ( " SPS '' ) failed to pay my property tax from escrow impound. SPS claimed that SPS paid my property tax on XX/XX/2019. XXXX XXXX County has not received property tax payment as of XX/XX/2019.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90505
Submitted Via: Web
Date Sent: 2019-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Weve tried to get loan modification but was denied. We need loan arrears put on back end of loan with current interest rate.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 08043
Submitted Via: Web
Date Sent: 2019-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-06
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: This is basically an extension of my previous complaint with the CFPB about this company. After closing my last complaint SPS did send correspondence to me asking for identifying information ( ID, Birth certificate, proof of residency ) which i feel is reasonable so i went ahead and submitted those documents via their website on XX/XX/19. Today in my mail box i receive a letter stating that i must have a signed quit claim or grant deed giving me the property as per california law. This is NOT what the law says is required to be declared " successor in interest ''. Im tired of typing this. This company is shady or run by morons. I do not have to have a signed grant deed giving me the property. GIve me a break, ive sent them my ID, my birth certificate showing XXXX and XXXX XXXX are my parents, a copy of the will 3 times clearly stating that i am the intended heir of the property, proof of my address showing that I live here, ive lived here for most my life, and there is absolutely nobody else trying to claim that they are the successor in interest besides me. There is nothing to dispute here. SPS needs to stop playing games and declare me the successor so that i can apply for mortgage relief. I feel they are deliberately slow playing and delaying the process so that they can foreclose on my family 's home. Which is likely their get down in business ... make predatory loans to elderly XXXX people when the housing market was so inflated that it actually gave a XXXX loan on this XXXX that aint worth XXXX knowing they will collect revenue for a good 15 years or so, then the people die and they move in and foreclose, sell it again and again and again. I can not be the first person theyve done this XXXX to. thank you
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 932XX
Submitted Via: Web
Date Sent: 2019-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hello, I have tried to work with current mortgage servicer, Select Servicing Portfolio to reduce my monthly payments around $ XXXX/month as I have had a significant income reduction and they have not been cooperative. When they did propose a new payment, it actually went up substantially to over $ 2k/month around $ 2,800/month. I want to keep the property and they have not been cooperative and are quick to assign the account to a foreclosure process to some attorney, whom I am not even aware of.. There is an account relationship manager, whom I have spoken with once to mitigate this situation. They are basically illegally trying to foreclose on this property and when they took over the account from XXXX XXXX, there was a discrepancy in the mortgage balance and they have yet to give me a clear answer on the actual principal balance and have insisted that I'm behind by 2 months. I have asked them for payment history and trying to work with them to resolve any discrepancies with principal balance taken over from XXXX XXXX. Meanwhile, also to resolve the situation as they're trying to illegally foreclose on the property in spite of the fact that I have made some form of payment even if it's not full payment every month. I have not received a sale date or whom has the account currently, whether a law firm or someone else. I have sent them the mortgage assistance application and they made their decision without fully analyzing the situation as I was told from a Customer Service representative. I was informed of this over the phone not an actual letter of their decision outcome based on what factors. This lender has been not very transparent with the interaction I have had with them. Thanks for your assistance..
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A