Date Received: 2019-08-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS denied us a repayment plan home retention in response to RMA we filed on XX/XX/XXXX ( 46 days before foreclosure then scheduled for XX/XX/XXXX ). RMA completeness was affirmed by SPS on XX/XX/XXXX or XXXX, XXXX. In XX/XX/XXXX response letter to our appeal of RMA repayment plan denial decision SPS changed the denial reason given to us to by SPS on XX/XX/XXXX. XX/XX/XXXX SPS rejection of the Repayment Plan option was due to our alleged bankruptcy status. In XX/XX/XXXX ( as well as on XX/XX/XXXX ) SPS changed the denial reason and informed us the reason for the denial of the Repayment Plan was because SPS previously provided a decision regarding this program on XX/XX/XXXX. ( i.e. during a separate loss mitigation evaluation conducted twelve ( 12 ) months prior to the XX/XX/XXXX recent decision ). SPS unfairly or unconscionably changed loan modification repayment plan denial reason to suit SPS objectives and to deny us repayment plan home retention option. 209 CMR 18.21A states : A third party loan servicer may not use unfair or unconscionable means in servicing any mortgage loan. Attached please find the Notice of Error regarding the above matter we mailed via USPS overnight mail. Tracking number Overnight Express U.S. Mail # XXXX XXXX XXXX XXXX XXXX XXXX SPS response to CFPB complaint XXXX regarding a separate matter of Qualified Written Request included some SPS statements regarding loss mitigation. However, loss mitigation errors discussed here were not subject of cited QWR and XXXX CFPB complaint. Previous cited complaint was initiated by HUD who received a copy of our QWR.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing ( SPS ) made an error by turning us down for mortgage assistance ( loss mitigation ) we filed on XX/XX/2019. SPS denial letter of XX/XX/2019 ( attached ) stated that SPS reviewed ( our ) complete Assistance Review Application for eligibility under its loss mitigation options which are established through investors rules denials are based on criteria where your account did not pass program eligibility This is a violation of RESPA regulations 12CFR1024.41 because SPS did not disclose any owner/assignee/investors/guarantor rules that were used to deny us the trial or permanent loan modification. SPS full disclosure of owner/assignee/investors investor rules used of loan modification denial is required by RESPA law. 12 CFR 1024.41 ( d ) ( 1 ) RESPA regulation states : if a trial or permanent loan modification option is denied because of a requirement of an owner or assignee of a mortgage loan, the specific reasons in the notice provided to the borrower must identify the owner or assignee of the mortgage loan and the requirement that is the basis of the denial. A statement that the denial of a loan modification option is based on an investor requirement, without additional information specifically identifying the relevant investor or guarantor and the specific applicable requirement, is insufficient. Attached please find the Notice of Error regarding the above matter we mailed via USPS overnight mail. SPS response to CFPB complaint XXXX-XXXX regarding a separate matter of Qualified Written Request included some SPS statements regarding loss mitigation. However, loss mitigation errors discussed here were not subject of cited QWR and CFPB complaint. Previous cited complaint was initiated by HUD who received a copy of our QWR.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing ( SPS ) plans to conduct a foreclosure sale of our property in violation of 1024.41 ( g ) On XX/XX/2019 SPS wrongfully denied us loan modification/loss mitigation application and XX/XX/2019 appeal, while committing RESPA numerous violations. These RESPA violations remain uncorrected as of the date of this complaint. We will report these RESPA violations to SPS in separate Notices of Error for ease of tracking and legal reasons. Our complete RMA application was accepted by SPS more than 37 days before a foreclosure sale. Our appeal was timely submitted to SPS within 30 days of SPS loss mitigation decision. 12 CFR 1024.41 ( g ) states : If a borrower submits a complete loss mitigation application after a servicer has made the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale, a servicer shall not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, unless : ( 1 ) The servicer has sent the borrower a notice pursuant to paragraph ( c ) ( 1 ) ( ii ) of this section that the borrower is not eligible for any loss mitigation option and the appeal process in paragraph ( h ) of this section is not applicable, the borrower has not requested an appeal within the applicable time period for requesting an appeal, or the borrower 's appeal has been denied ; Attached please find the Notice of Error regarding the above matter we mailed via USPS overnight mail. SPS response to CFPB complaint XXXX-XXXX regarding a separate matter of Qualified Written Request included some SPS statements regarding loss mitigation. However, loss mitigation errors discussed here were not subject of cited QWR and CFPB complaint. Previous cited complaint was initiated by HUD after receiving a copy of our QWR.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I purchased my home in XX/XX/XXXX from XXXX XXXX XXXX. Years later XXXX XXXX XXXX purchased XXXX. My loan was paid off with XXXX. We even paid 2 payments in one month to reduce mortgage by 10 or 15 years. I started receiving letters from XXXX saying they had my mortgage, years later XXXX company. These people took over the loan around XX/XX/XXXX. They are extremely deceitful. They lie about payments not being made, when you see the payment on my bank statement. They add 2 or 3 different late payments in one month. I am sure my home is paid off so I do not know why I am making these payments. On XX/XX/XXXX I received a letter from XXXX saying they transfer my loan to SPS company. This is a Portfolio Company. These people have been harassing me by calling my home at least 12 times a day. When I answer the phone they hang up. I am making payments to them. They are saying that they are going to foreclosure on my home after XX/XX/XXXX if I do not make this ridiculous payment amount. First of all, I am not late with any payments. SPS was sending false information to the credit Bureaus regarding late payment status when I was not late and they said even if people were late they wouldn't provide any negative information before 60 days has passed. However, this still did not apply to me.. I also found out that XXXX still owns the loan. I XXXX reviews on XXXX and SPS and they both had 1000 's complaints. All of them familial to mine. Please help me with this serious issue. These people have added over hundreds of thousands of dollars being fraudulent and corrupt. Please I beg you in God 's name, help me with this fraud. I need to know what to do. I want to sue them because they have stolen from me and are threatening to take away my family home. I am broken emotionally and physically. Why would someone to this to anybody. Please help me. Respectfully Submitted, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 70056
Submitted Via: Web
Date Sent: 2019-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been attempting for nearly two years to establish a plan with my mortgage company to end payment on my mortgage. I initially applied for and received approval for a loan re-modification. After paying on this for a couple of months, I decided to move forward with a non-retention plan, a short sale of the property. I obtained the help of a real estate agent. An offer was made on the house and I completed all the required paperwork. The mortgage company never offered a response until we contacted them and were told that the offer was not sufficient. My agent spoke to the company numerous times to finally get specific answers on what was needed. She listed the property, took pictures of the home, showed it to a dozen investors and had an offer made for over {$90000.00}. My current pay off was roughly {$120000.00}. After 30 days passed, with no response, she reached out to the company and was told that it had not been approved because I had not completely a hardship application. I have completed this form and all provided all the supporting documentation at least four times. Nonetheless, I did it again. I received a notification that there were corrections needed in my information. I called to find out what i needed to do and was told that the short sale was no longer an option and I could only apply for a loan modification at this time. I have spoken to numerous representatives countless time and never gotten the same answer to any question or issue twice. My agent and I could call on the same day and get two different responses. Throughout this extended process, the mortgage company has rarely contacted me regarding any information needed, always waiting until i contact them. Meanwhile, I get two - three letters a week from them with different information on each one. I feel like this entire process has been a huge run around. I am very close to giving up and allowing it to go to foreclosure. I am totally frustrated and confused as to why the mortgage company would reject an offer that would pay off 75 % of the remaining loan and take the property off their hands. I feel that I have made every reasonable effort and beyond to come up with an agreeable solution to my mortgage issue. I failed to mention that the reason I left the home and want to get out of the mortgage is that I left my husband and am now paying rent on an apartment. My ex-husband has remained in the house without paying anything toward the property. In addition to paying my own living expenses a large portion of my income is paid to him in spousal support as he is unemployed and applying for XXXX. The company I have been dealing with is Select Portfolio Services. I have written to their ombudsmen, but have not gotten a response at this time. SPS has been terrible regarding communication and seem to have no desire to settle this issue. Thank you for your support
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 24501
Submitted Via: Web
Date Sent: 2019-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: SPS is the mortgage company. I know they have class action suits against them, so they are obviously doing things illegally. They have had money in escrow for a year and a half and have released part of it, but they are continuing to hold a little over XXXX saying a certain percent of completion of work from storm damage hasn't been done. Some of the items they've said were not done have been 100 % complete. They sent my loan in for foreclosure while at the same time holding over {$30000.00} in escrow. I've called numerous times and keep getting the run-around. They can't seem to answer why they are keeping my money. Can you help? I think they're doing everything they can to hold my money as long as possible.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 76048
Submitted Via: Web
Date Sent: 2019-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Wrongful foreclosure Violations 1. Violation of the security first rule. 2. Breach of oral contact. 3. Breach of written contract. 4. Wrongful foreclosure 5 promissory estoppel. 6. Violations of California civil code sections 2924 j, and 2924 k 7. Negligence select portfolio services Inc. 8. Negligence ( Quality ) 9.Negligence Misrepresentation. 10. Violation of the Rosnthal fair debt collection practices act. 11. Conversion.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-08-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We refinanced our home in 2007 with XXXX XXXX XXXX XXXX, on a adjustable interest it went from 8 % to 12.75 % after they sold the mortgage to SPS, Select Portfolio Sercving, which has denied all of deed in lieu, modifications, and now short sale, just so they can fireclose
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 378XX
Submitted Via: Web
Date Sent: 2019-08-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-26
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: We want Sps mortgage inc investegated you are the servicer on our mortgage. Our loan was originated back in XX/XX/2006. We are victims of a predatory loan. We were misrepresented by the mortgage broker and by XXXX XXXX when this loan was originated. We have reviewed our loan with specialist in the industry and there was fraud on documents from the mortgage broker to the banks and forgery on loan documents and disclosures. Since this loan was originated this loan has been passed along from XXXX XXXX, to XXXX XXXX and now Sps mortgage inc. We also have checked with title specilist and Sps does not hold legal title on our home properly to foreclose on our home since title recording on purchase date and from all the loan transfers from bank to bank .The title chain is broken and not correct. We are victims of predatory lending and now we are stuck with a toxic loan, Due to all these greedy large banks and corporations trying to maximize profits on homeowners that got these toxic loans. We want to hold these corporations accountable for the problems you have caused to our family. We have tried to work with sps over and over to fix our toxic loan and it just seams to fall on deaf ears. We will continue to defend our home until there is a fix on our mortgage. Stop foreclosure activity on our home and fix our mortgage. fix our toxic mortgage. lower our principal balance / balance started at XXXX k now over 690k. bring our account current fix this ridiculas wrong toxic loan. XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX acct # XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-26
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: WE ARE GOING TO START A INVESTIGATION ON OUR TOXIC MORTGAGE WE HAVE WITH SELECT PORTFOLIO SERVICING INC. UNDER OUR HOMEOWNER BILL OF RIGHTS YOU NEED TO INVESTIGATE THESE VIOLATIONS ON OUR MORTGAGE. WHEN YOU COMPLETE YOUR INVESTIGATION ON OUR REQUEST MAIL YOUR COMPLETED INVESTIGATION VIA UNITED STATES POSTAL SERVICE TO OUR HOME ADDRESS XXXX XXXX XXXX XXXX XXXX CA XXXX Stop foreclosure process on our home immediately. 1. VIOLATION OF CALIFORNIA CIVIL CODE 2923.6 ( A ) 2. VIOLATION OF CALIFORNIA CIVIL CODE 2923.55 3. VIOLATION OF CALIFORNIA CIVIL CODE 2923.7 4.VIOLATION OF CALIFORNIA CIVIL CODE 2924.9 5. VIOLATION OF CALIFORNIA CIVIL CODE 2924.10. 6. VIOLATION OF CALIFORNIA CIVIL CODE 2923.17 7. VIOLATION OF CALIFORNIA CIVIL CODE 2924.18 8. VIOLATION OF CALIFORNIA CIVIL CODE 2923.6 ( C ) 9. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING 10. VIOLATION OF THE UNFAIR COMPETITION ACT CALIFORNIA BUSINESS & PROFESSIONS CODE 17200, ET SEO 11. NEGLIGENCE XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX *XX/XX/2019 * ACCOUNT XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A