Date Received: 2019-09-24
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have filed a precious complaint against Select Portfolio describing the misinformation I was given during a modification process. I had submitted a dispute to Select Portfolio as well as CFPB to try and work out another modification plan. There is a foreclosure date set on my house for XX/XX/2019 less than one week away from now. I have called Select Portfolio Representative this morning XX/XX/2019 and was told that the foreclosure was put on hold and that they were yet to set a new foreclosure date. I was also told by a select portfolio representative, on a phone call made on Friday the XX/XX/XXXX, that the foreclosure date would be postponed so that they may respond to my dispute. Today I called the Ombudsman office and was told that the foreclosure date was not put on hold and that it would still be happening on XX/XX/XXXX even though less than one week away from the foreclosure date I have not received a response to my dispute on the modification. I dispute this foreclosure date due to the fact that Select Portfolio has yet again given me nothing but misinformation. You talk to five different people there you get five different answers. That is very unfair to my situation. When asked if there is anybody I can speak to directly in their legal department I am told that is not possible. I beleive they are more concerned with foreclosing on the property that actually working something out and that is not fair.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2019-09-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/2019 XXXX XXXX XXXX XXXX XXXX XXXX XXXX MN XXXX XXXX : BANKRUPTCY XXXX # XXXX XXXX XXXX XXXX XXXX XXXX XXXX PSA ACE XXXX XXXX Home Equity Loan Trust, XXXX XXXX Asset-Backed Pass-ThroughCertificates XXXX XXXX NOTICE OF VERIFICATION DEBT I am writing this letter is directed to XXXX XXXX XXXX XXXX to validate the Debt, in connection of the Proof of Claim filed on regard XXXX XXXX Home Loans XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Trust, ACE XXXX dated XX/XX/2019, for the value of {$360.00}, XXXX. In conformance to my rights under the Fair Debt Collection Practices Act ( FDCPA ), I am requesting you to provide me with a validation of the debt. Please note, this is not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. ( 15 USC 1692g Sec. 809 ( b ) ). I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you. Please provide me with the following : 1. Agreement with the original creditor that authorize you to collect on this alleged debt. 2. Identify the Original Creditor and address 3. The agreement bearing my signature stating that I have agreed to assume the debt. 4. Release correct copy of all XXXX, transfers and receipts from origination to the party alleging to be the creditor in this action, including the full contents of the Master Custodian File held by the Master Custodian of the Trust. 5. Valid copy of the debt agreement stating the amount of the debt and interest charges 6. Proof that the statute of Limitation has not expired. 7. Complete payment history on this account along with an accounting of all additional charge being assessed. 8. Commission for debt collector if collection efforts are successful. 9. Any Judgments obtained by any creditor regarding this account. 10. Show me that you are licensed to collect in my state ; and 11. Your license numbers and registered Agent. If you Office fail to reply to this debt validation letter within 30 day from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased. Your non-compliance with my request will also be constructed as an absolute waiver of all claims to enforce the debt against me, or my property, and implied agreement to compensate me for court costs and attorney fees if I am force to bring this matter before a judge. XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fl XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2019-09-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We got behind on our mortgage, due to refinancing and taking equity out as we was part of the housing crash back in XX/XX/XXXX-XX/XX/XXXX. as we proceeded to get some help. Select Portfolio came along and told us they can help with saving our home and that they work for the government.We asked them how much it was going to cost us, they said nothing they can lower our cost. We went through the NCNA program to obtain this lender. As we begin to try and pay down our mortgage we notice that, their was another mortgage attach on our current but when we look at the current mortgage it does not show t second mortgage which is a balloon payment. They have pretty much placed us in a worst situation than we were. They did not forgive they loan at all when we started over. I do not think that is how the government would have handled it if they so-called work with the government. We have try all resources that we know of to get out of the situation. Don't know what else to do.These companies hid behind third parties and we do not know who own the loan considering we make payment to Select Portfolio and we find out we are STILL with XXXX XXXX XXXX who gave us out first refinance and they mess us over w are still shock we're with XXXX XXXX XXXX again. Then we come to find out XXXX XXXX own XXXX XXXX and we were not trying to get involve with neither one of these financial institute. It's just wrong and such a mess before our mess. Now that we get more into the contract. It looks like when we refinanced to take equity out with XXXX XXXX and we got behind in out mortgage. XXXX XXXX cam at use again but hiding behind the name of Select Portfolio Servicing. We were thinking we had done stop doing business with XXXX XXXX but we are still with them. We did not know what Select Portfolio is, so we though we was no longer with XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33619
Submitted Via: Web
Date Sent: 2019-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The mortgage company double charged me for one month in XXXX when they bought the loan from XXXX XXXX. Even though I have been writing them and calling them about the error they denied my claim. In addition they are charging me very high penalties every month and they are increasing their penalties every month. I have paid thousands of dollars in unfair usuary penalties but making my payment. The latest one you can see shows {$310.00} in fines on a {$670.00} mortgage. I need someone to intervene and see about getting back some of these unfair fines. Thank you
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92324
Submitted Via: Web
Date Sent: 2019-09-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-20
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: To : SELECT PORTFOLIO SERVICING XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX cc : Consumer Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Re. : SPS account # XXXX Property Address : XXXX XXXX XXXX XXXX, XXXX Fl XXXX NOTICE OF VERIFICATION DEBT I am writing this letter in response of Select Portfolio Servicing Inc, assertion on your proof of claim /letter dated XX/XX/2019 that you hold or a third party is the owner of the account and Mortgage of property XXXX XXXX XXXX XXXX XXXX XXXX Fl XXXX. In conformance to my rights under the Fair Debt Collection Practices Act ( FDCPA ), I am requesting you to provide me with a validation of the debt that you has been falsely claiming. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. ( 15 USC 1692g Sec. 809 ( b ) ) I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you. Please provide me with the following : 1. Agreement with the creditor that authorizes you to collect on this alleged debt 2. Identify the original creditor and address 3. The agreement bearing my signature stating that I have agreed to assume the debt 4. Valid copies of the debt agreement stating the amount of the debt and interest charges 5. Complete payment history on this account along with an accounting of all additional charges being assessed/ complete history payment from all Debt collectors used in the past 10 years 6. Commission for debt collector if collection efforts are successful. 7. Default date of Mortgage 8. Proof that the Statute of Limitations has not expired 9. Any Judgments obtained by any creditor regarding this loan 10. Show me that you are licensed to collect in my state ; and 11. Your license numbers and Registered Agent If your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased. Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX XXXX Email : XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2019-09-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-19
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Debt collector lacks standing in collection activities and is violating my legal rights in attempting to collect the allege debt. The debt collector is involved with other parties that have used fraudulent methods while attempting to secure the allege debt. There has been a range of federal violations associated with this particular case. I am providing evidence in form of an affidavit of facts from an expert witness to the CFPB and other government entities to verify the illegal activity. I have attempted to resolve this matter and open to some type of settlement prior to further litigation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-18
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: complaint to the compan Search Records NON ACTIVE BUSINESS OPERATING WITHOUT ARTICLES OF INCORPORATIONS Foreign Profit Corporation XXXX XXXX , XXXX . Status INACTIVE Filing Information Document Number XXXX FEI/EIN Number XXXX Filing Information Document Number XXXX FEI/EIN Number XXXX Date Filed XX/XX/XXXX State VA Status INACTIVE Last Event WITHDRAWAL Event Date Filed XX/XX/XXXX Event Effective Date NONE Principal Address XXXX XXXX XXXX. XXXX, VA XXXX Changed : XX/XX/XXXX Mailing Address XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX, GA XXXX Cancellation.Whenever the amount of money due on any mortgage shall be fully paid, the mortgagee or assignee shall within 60 days thereafter cancel the same in the manner provided by law.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32114
Submitted Via: Web
Date Sent: 2019-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-17
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I contacted XXXX XXXX XXXX/XXXX XXXX XXXX after waiting almost 60 business days and still not receiving a response to my Error Resolution Letter. XXXX XXXX stated he would have a supervisor contact me within 24 hours to discuss the issues. On XX/XX/XXXX, I received a call from XXXX XXXX ( not a supervisor, ) who is in the Ombudsman Dispute Department, in the Executive Office at Select Portfolio Servicing, asking about my issues. Before I had a chance to talk I was reprimanded for calling their investor, XXXX XXXX XXXX XXXX. I was told all communication must go through SPS. I explained to the representative, I had made many attempts to work with SPS, and even called the Consumer Ombudsman department twice, whos representatives discounted the call twice. Either these employees are not trained to answer my specific questions, or just plain rude. I almost did not answer XXXX call because the was no caller ID naming SPS, and because I get so many Scam calls, I usually do not answer the phone for unanimous callers. Today I received another call from XXXX, this time letting me know SPS is working on my Error Letter. On XX/XX/XXXX ( attached ) SPS sent a letter, which I received on Monday the XXXX, answering my error resolution letter. XXXX call did not make sense until she said the reason for her call was new information was received, and she was calling to state it was being reviewed in the Dispute Department. When I asked, " Where did the information come from ''? She stated it was the information I just sent in. Again, I am working with someone who did not know what they were talking about. After a few more questions I realized, the " new '' information she spoke of was the complaint I had filed with the CFPB # XXXX. I explained, this is the same information I sent to SPS, and waited 2 months for a response, when per the CFPB 30 business days is the allowed period to respond, + a 15-day extension if within the 30 days notice is sent with a valid reason for the extension. Instead, I was sent a notice stating SPS needed a 30-day extension, ( even though CFPB states no more than 15 days, ) it was outside the 30 day dispute period, and without a valid reason. XXXX replied she is required to call when a dispute is filed. I asked her about the credit report mistakes discussed in our previous call on XX/XX/XXXX, and all she could say is we are working on it. I mentioned it took 2 months to reply to my first dispute and asked how long would it take to respond to the Credit Report Disputes, and she said she didn't know. Based on this discussion, and my desire to have my credit report corrected, I plan to file another complaint with the CFPB for the credit issues, and the carelessly put together response from SPS to my " Error resolution letter. Please read the response SPS subsequently made on XXXX, ( attached, ) and come to your own conclusion, why would a one-page response take 2 months to accomplish. It really didn't address any of my concerns, and what is really humorous is the letter is filled with misconstrued facts and conclusions. The correspondence included an " Applied Funds Table, '' along with pages of XXXX payment history, ( which I already had. ) As I reviewed the payment history ( supplied by XXXX, ) it became clear, I had been supplied with an internal form, based on the " heading of each column. '' Such as " XXXX '' which was not defined for the average consumer to understand. By comparing the payment history supplied by SPS, to the actual history XXXX XXXX XXXX supplied with my final Escrow Analysis, the abbreviation was for " Transaction Date. '' It is clear that the XXXX payment history SPS supplied, ( which neglected to include either the 13-page numbers for reference or an explanation as to why it was included, ) as it appears to have been thrown in as fluff. If the " Table '' and " Payment History '' matched it would make sense. Instead, it conflicted with the '' Applied Funds Table, '' which fail to show my last payment made to XXXX on XX/XX/XXXX, nor did it include the correct payment amount of {$1300.00}. Which by law, must be posted and disbursed as of the date of receipt, ( in this case XX/XX/XXXX, ) not XX/XX/XXXX.Additionally, the table includes an " Escrow Shortage '' payment of {$74.00} made on XX/XX/XXXX but fails to show the " Escrow Shortage '' payment of {$5.00}, or the waving of the late charge of {$48.00} on XX/XX/XXXX. In fact, if my " Error Letter '' had been read, it would be easy to see these mistakes clearly. How can a company come to an accurate conclusion without having or giving me information that is thoroughly reviewed and analyzed? I had the right to be explained why the table in the letter from SPS did not match the XXXX loan history and how you came to the conclusions in the table. I am still in limbo because nothing has been corrected. Paragraph two of the letter dated XXXX states, We are unable to comment on the escrow amounts collected by the prior servicer, as we collect the escrow information from the agencies after the loan was transferred to SPS. Why isn't AGENCIES explained? What agencies are you talking about? SPS has an obligation to be clear, and accurate. Why would I be supplied with SPS 's internal form of my payment history with XXXX, only to tell me you can't comment about it? Should you really have sent me this form at all? Did the so-called " Agencies '' make a mistake supplying it? Per 1024.38 38 ( a ) ( 1 ) ( ii ) -1 SPS must have " reasonable policies and procedures, '' and I have not seen this in attempts to work with this Servicer. Late Fee : One more Error made by SPS : For some reason, Ms. XXXX was under the impression that I questioned the late charge XX/XX/XXXX had added to my XXXX payment. I questioned the accounting, XX/XX/XXXXmistakenly charged a late fee and waved it the same day. My concern about this charge was, being accurately credited for this fee. The payment history showed It posted as a charge on XXXX, and it also showed a credit 4 times the same day, but my balance was not adjusted. SPS XX/XX/XXXX letter explains I was charged a late fee on XX/XX/XXXX, but fail to state that this amount was credited back the same day, ( all they had to do was look at the payment history under total late fees. ) This question remains unanswered, I still want to see that I was credited. If the payment is held in a suspense or unapplied funds account, this fact must be reflected on future periodic statements, in accordance with 1026.41 ( d ) ( 3 ). When sufficient funds accumulate to cover a periodic payment, as defined in 1026.36 ( c ) ( 1 ) ( I ), they must be treated as a periodic payment received in accordance with 1026.36 ( c ) ( 1 ) ( I ). By being treated as a periodic payment the payment must be posted on the date received. Phone Call : I requested to be contacted by phone to explain the results of your investigation, I did not say this request was in lei of sending a written response. The XX/XX/XXXX letter states : " We are unable to fulfill this request as it is our policy to respond by US Postal Service. '' One more blunder or failure to properly communicate what they mean. SPS " DID '' in fact call me, on XXXX and explained what was stated in the letter, ( hadn't yet been received ) and I was told what the conclusion was. The final paragraph of the letter states, " Should you have any further questions, please call Customer Service. '' This conflicts with the prior statement SPS made which began, " We are unable to fulfill this request. '' It concludes : " SPS has reviewed and responded to your inquiries, ( I unequivocally disagree with such a statement. ) Then continues to say, " We have provided all documentation relied upon to reach our determination, '' ( This explains and concurs, that there was little time spent investigating my concerns, ( even though it took 2 months to answer them. ) It is part of the reason there are so many mistakes, there was a lack of investigation by SPS. ) The letter continues to say : " If a document was not provided, it is because it is privileged or proprietary, '' ( such as in supplying an internal form, from XXXX. ) Isn't this statement in conflict with the prior one stating We have provided all documentation relied on? Servicer 's use a computerized loan management system. The system SPS uses should keep track of the borrowers account, and communications with the Servicer. What happened? Did the server at SPS go down while this case was investigated? One of the main duties of a Servicer is to collect and process payments from the borrower, and have accurate accounting. When funds are applied improperly when the grace period is ignored, or there is a failure to credit funds to the principal balance, or escrow account there can be an artificial shortage, and SPS is in violation of the terms in the deed of trust. Please remember, I was told there would not be another Escrow Analysis completed for a year on XXXX XXXX, ( date of transfer, because XXXX had completed one a month and a half before the transfer. Yet, in XXXX I was sent a new Analysis by SPS, knowing Federal Laws only allows one completed per year, unless I request to have one completed. I was told there was a shortage of {$130.00}, which triggered my letter of dispute. THERE WAS NO PART OF THIS LETTER THAT HAD CREDIBILITY! It is frightening to know that I am stuck with this Servicer until I either sell my home or refinance. Escrow Closure : My request to close Escrow, and SPS acknowledgment of closure on XX/XX/XXXX, was one more string of errors, ( see attached Escrow Payment change notice XXXX, Escrow Closure Request form, SPS Acknowledgement XXXX, and Escrow Closing Notice/Notification Escrow Closing XXXX. ) The form was supplied by SPS and clearly shows I no longer wanted " both '' my Property Taxes and Insurance Impounded. I was sent a letter Acknowledging my escrow would close on XXXX if I didn't call and cancel this request. I called on XX/XX/XXXX to verify my escrow was closed and was told a check was sent for the balance of my Taxes, but the Insurance was still opened. I asked why and was told the Escrow Department would be contacted, and I would get a call within 3 days with an answer. How do you botch up something so simple, and with your own forms? I asked to speak with the escrow department and was told, I could only speak to Customer Service, who clearly did not understand the makings of an Escrow Account. I had never heard of a company that did not let you speak to this department. It is no wonder there are so many mistakes made. I asked to have the insurance check sent XXXX overnight since this was an error made by SPS, and my insurance was coming due within a few weeks. Plus my form clearly stated it was not longer SPS 's responsibility to pay taxes or insurance, ( even though they still held the insurance balance of my escrow account. ) I was told they would " try '' to request the check and overnight it. I replied that is not good enough. Two days later, I received a call from SPS stating a check was request was made that day, and he would internally, e-mail my request to have my check overnighted. One week later I received the check regular mail. SPS repeatedly has made mistakes, and taken shortcuts at every stage of the mortgage servicing process, costing me additional fees along the way. When an error was made in the servicing of my mortgage, SPS must either correct the error I identified, called " notice of error '', or investigate the alleged error. SPS has routinely failed to properly acknowledge and investigate my complaints, or make necessary corrections. This is probably a result of loading inaccurate and incomplete information into its servicing system, or even when their data is accurate, SPS still generated errors, because of their system failures and deficient programming. Inaccurate Credit Reporting : XXXX : The results of my dispute from my report dated XX/XX/XXXX arrived on XX/XX/XXXX ( see attached ) as certified accurate and unchanged. This is a gross misstatement and shows that SPS either has untrained employees is too busy to verify and correct the information or is a company who skips through federal compliance regulations hoping not to get caught in an audit by the CFPB. Looking at the attachment, " XXXX Dispute with SPS '' is noticeably & erroneous based on a status date of XX/XX/XXXX : it fails to show loan transferred/sold, a recent payment made of {$2600.00}, ( also shown in error on the attached SPS Account summary, ) which is the total of the individual payments I made for XX/XX/XXXX & XX/XX/XXXX in the amount of {$1300.00} the monthly payment, also shown in error on my report is shown as {$1300.00}, which was the payment I made in XXXX because of SPS 's inaccurate Escrow Analysis, which has disputed as of XX/XX/XXXX, ( see attachment, SPS Error Letter. ) The term is 40 years, with 32 years remaining, not 46 years. There is no 46-year term for mortgages. Finally, SPS felt a need to add, ( in error ) a comment : " Loan Modified under a Federal Government Plan. '' This is a negative reporting remark, which can not be made after 7 years, ( it has been almost 10 years, ) the Modification completed by XXXX, ( see attachments XXXX XXXX Credit Report change, & XXXX XXXX Mod ) was disputed & removed from all credit reports in XXXX, and can not be added back. XXXX : On XX/XX/XXXX, I received the results of my dispute against XXXX XXXX XXXX & SPS ( see attachment, ). XXXX updated their information to now show the loan closed & transferred with the date of the last payment. XXXX : SPS, on the other hand, created the illusion I had two mortgages instead of one, & one of them was a new mortgage, ( dropping my credit scores. ) Account information '' it also needs many of the same corrections for based on the " Date of last activity '' shown as XX/XX/XXXX, Loan Balance must be reduced to match " Date of last Activity, '' but continues to state the original balance on transfer of my loan XX/XX/XXXX, " Actual Payment, '' {$2600.00}, should match " Scheduled Payment. '' The " Months Reviewed '' state 2 payments reported it is should state 3 were reviewed, the monthly payment was updated but still wrong, since the status date remains unchanged at XX/XX/XXXX, the updated payment is based on my new payment as of XXXX, which no longer has an escrow account. Under " Historical Account information '' the months of XX/XX/XXXX & XX/XX/XXXX must be completed to show payment in the amount of {$1300.00} and XXXXXXXX XXXX payment must be corrected to show this payment as well. By failing to report the XXXX & XXXX payment amounts, that the payments made were " Regular Payments '', not " Trial Payments '' ( under a trial period for a loan modification, by failing to report the loan as transferred/sold, ( needs to be added, ) but most importantly by reporting a comment the " Loan Modified under a Federal Government Plan, '' ( MUST remove outdated negative information. ) it has caused my credit score to drop 120 points. All of these mistakes contributed to lowering my overall credit score. XXXX XXXX : Not only is XXXX XXXX reporting the same errors as XXXX, but instead of showing a " Historical Account information '' XXXX XXXX XXXX format places a table under the " Remarks '' " Loan Modified under a Federal Government Plan. '' that " RATES '' the payments for XXXX and XXXX as " X '' which is defined as " Unknown, '' once again indicating a " Trial Payment '' under a Modification. Instead, it should have shown as " OK '' under their Rating Key method. This is unreasonable, will not be tolerated misleading, uncalled for, and must be changed immediately. Concerning the above comments, I would like to add, I was not notified by SPS that they were reporting " any '' information to the credit bureau 's, much less " negative reporting '' concerning the type of mortgage I had. To reiterate ; when a loan is transferred there is a 60 day grace period before any credit reporting may be made. When an Error Resolution Letter such as the one SPS received on XX/XX/XXXX, is received concerning mortgage payments, ( and SPS had not even received all the data from BAC, ) SPS may not report during the resolution period, which is usually another 60 days. In my case, during the period discussed, my payment changed with SPS 3 times, and SPS just sent another notice dated XXXX, received XX/XX/XXXX. Stating they are again reviewing my concerns, yet SPS choose to ignore the State and Federal law and incorrectly began reporting on XXXX. Additionally, outdated information/negative reporting over 7 years old must not be reported. Under the FCRA ( Fair Credit Reporting Act ) prohibits false credit reporting of any type. A creditor must not supply information to a CRA that it knows ( or should know ) is inaccurate. That includes : misstating the balance due or reporting late payments when you paid timely. Failing to Follow Debt Dispute Procedures When you submit a written dispute about the accuracy of an item on your report, credit bureaus and your Servicer ( SPS ) must take certain actions in response. Their duties include conducting a reasonable investigation of your dispute, correcting any inaccurate information, or even removing the disputed debt from your credit report. There are a number of ways they can fall short of their duties. Some common violations by a CRA include failing to : Notify a creditor that you dispute the debt that it has reported, conduct a reasonable investigation of your dispute, or correct or delete any inaccurate, incomplete or unverifiable information within 30 days of the receiving notice of your dispute, refrain from continuing to submit information that it knows ( or should know ) is incorrect, conduct an internal investigation of your dispute within 30 days ( or 45 days if you supply additional information during the investigation. ) When a private investor such as XXXX XXXX XXXX XXXX owns the loan, the market drives the servicing fee. Generally, the fee depends on the underlying credit quality of the borrower. Servicing a loan with a higher quality credit rating brings in fewer fees because servicing costs are lower. Servicing a loan that has lower credit quality generates a higher fee because borrowers tend to default on this type of loan, which makes them more labor-intensive to service. How many borrowers have SPS supplied inaccurate information, in an effort to drive their fees up to and cost the investor thousands of dollars, by misleading them? Because I have no say over who services my mortgage, I must depend on the CFPB to remain vigilant to ensure I get fair treatment. '' I can only hope the CFPB uncovers substantial evidence that SPS has engaged in significant and systemic misconduct, at nearly every stage of the mortgage servicing process. The Dodd-Frank Wall Street Reform and Consumer Protection Act, protect consumers from unfair, deceptive, or abusive acts or practices, such as those described above. The CFPBs mortgage servicing rules require that servicer 's promptly credit payments and correct errors on request. I hope you take these remarks seriously by discussing these errors with SPS and making sure the corrections are made immediately. The information on my credit report should be prioritized, and when completed the FCRA states I am to be notified within 5 days. I would be glad to discuss anything you feel is not clear.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95630
Submitted Via: Web
Date Sent: 2019-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX I feel behind on my mortgage because I was forced into early retirement and am know only rely on my Social Security income. My mortgage is at a 10.5 % interest rate and i'm not able to afford my mortgage payment with just my Social Security income. I tried to be reviewed for workout assistance with my lender and have been denied because my investor does not participate for workout assistance. To make matters worst I relied on getting some type of assistance that I feel more behind that I got a sale date and had to file bankruptcy and I am now in bankruptcy making my trial plan payments. But still not able to afford my current mortgage. I feel that I am the perfect candidate for workout assistance. I have never been approved for anything and now need it more then ever. I was then advised on XX/XX/XXXX that once again my request for mortgage assistance has been denied due to the investor not participating. If I knew this investor would come back to take my home I would have never gotten a loan from him. I want the investor to sell my loan to another investor that offers assistance so that I can keep my home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90019
Submitted Via: Web
Date Sent: 2019-09-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-09-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I lost my husband to XXXX and then subsequently my husband 's Mother fell ill and passed away on XX/XX/XXXX. As a result of both of these sudden losses and due to the medical expenses associated with his treatment, my mother-in-law 's care and funeral costs coupled with the loss of his retirement income I was unable to meet my day to day living expenses and the Mortgage payments on the First and Second Mortgage I have with SPS. I made application to SPS XX/XX/XXXX advising them of this hardship and seeking first a modification of the loan terms which SPS denied because they said during my husband 's lifetime we were already approved for one so application was made for a reverse mortgage with a new lender and a short pay approval for the 1st and 2nd loans with SPS in XX/XX/XXXX. The Reverse Mortgage criterion was that I would only be afforded up to 50 % of the home value to payoff all liens ( Appraised value then and now was $ XXXX ). With the help of my daughter I submitted my request for a combined short payoff for 1st and 2nd lien of $ XXXX based on the Reverse Mortgage Conditional Approval ; which would leave funds to pay the outstanding HOA fees, back State Taxes and any recording and closing fees. The 2nd lien approval came in for the $ XXXX short pay in XX/XX/XXXX with an expiration date of XX/XX/XXXX and a counter was sent in against the short pay approval of $ XXXX for the 1st mortgage of $ XXXX so I can stay qualified for my reverse mortgage terms on XX/XX/XXXX. On XX/XX/XXXX both my daughter and I were told that the 1st lien payoff was approved for the $ XXXX short pay and that the letter was being processed and I would receive it in the mail within 7-10 business days. On XX/XX/XXXX we both reached out to lender and they advised it was still in processing and we were told that all the way up to the point of the 2nd lien short pay of $ XXXX expiring on XX/XX/XXXX ; which when a request was made to extend the 2nd lien payoff was then being told I had to start the process all over again with a new RMA for 1st and 2nd and an Appraisal - which came back with the same upside down value of $ XXXX. I called to get the 2nd lien short pay updated after the appraisal was reviewed with a new expiration date and was told that they could not provide it as they were awaiting the review of the short pay approval for the $ XXXX. As of XX/XX/XXXX I was told that SPS wanted the appraised value as a short pay amount?!!! I am now diagnosed with XXXX my family is distressed I am overwhelmed and am not sure what the Investor on the 1st mortgage is seeking beyond the $ XXXX offer and subsequent $ XXXX counter to their $ XXXX they are looking for the 1st lien. I have a verifiable HARDSHIP. I have no hidden funds and would be paying them using my Reverse Mortgage which at this point I hope I can still qualify for. I need help. Please.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30087
Submitted Via: Web
Date Sent: 2019-09-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A