Date Received: 2019-08-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My late husband and I had a loan modification with XXXX in XX/XX/XXXX. During the modification process, there was a bank error made on my mortgage account which has never been rectified and which has been carried over into subsequent modifications. I have been disputing this issue since XX/XX/XXXX. In reviewing the many complaints I have submitted to CFPB, this has been the issue of most of my complaints and it has never been resolved. The whole problem started with the XXXX modification agreement in XX/XX/XXXX which capitalized the amount of {>= $1,000,000} into my mortgage account. We signed the modfication papers for this agreement. The next thing we knew, XXXX cancelled that agreement and sent a new one dated XX/XX/XXXX to be signed and sent back and which capitalized the amount of {$27000.00} into my mortgage account. In addition we were required to send a cashier 's check for {$3000.00} with the new agreement. XXXX stated the reason for this increase in capitalization was that a payment for {$6400.00} which we sent in XX/XX/XXXX had returned from the bank. As a result, XXXX capitalized the amount of {$6400.00} back into my account and a fee of approximately {$3000.00} for accrued interest and administrative expenses. In addition, with the amount of {$3000.00} which we were required to pay with the new modification agreement, the total was {$12000.00} in additional charges capitalized into my mortgage account. This was completely a bank error. We replaced the NSF check sent in XX/XX/XXXX with a cashier 's check # XXXX for {$6400.00} which was never credited by XXXX to my mortgage account. This was the beginning of the bank errors made on my mortgage account. SPS keeps saying they have never received documentation of these payments and yet I have sent them bank statements and copies of cashier 's checks which completely substantiate my claim And to each of my complaints which I have submitted to CFPB, they have responded in the same manner. I have requested a representative of their accounting department to call me to go over the account with me, and so far no one from that department has responded. My Relationship Manager, XXXX XXXX, was never addressed this problem. There are other excessive charges that were made on my mortgage account such as two payments in XX/XX/XXXX which were never credited to my account, an escrow charge for {$7400.00} for an insurance charge made in XX/XX/XXXX which was paid my us because prior to mid XX/XX/XXXX we were paying the taxes and insurance on the mortgage account. In XX/XX/XXXX two payments were not credited to my mortgage account which according to the XXXX Payment Transaction History only shows payments credited through XX/XX/XXXX The amount of payments not credited to my mortgage account through XX/XX/XXXX is {$38000.00} plus applicable interest and penalties. SPS is liable for the bank errors made on my account because SPS acquired the servicing rights on my account and as such is responsible for any past bank errors made on the account. I have been disputing this issue since XX/XX/XXXX and there is no statute applicable to my complaint. The above claim does not include my dispute of amounts paid as trial payments on subsequent modifications, excessive charges for accrued interest and penalties and excessive escrow charges made from XX/XX/XXXX to XX/XX/XXXX stated on the XXXX Payment Transaction History which I have sent to SPS. It does not include excessive interest and penalties or excessive escrow charges made on my account in XX/XX/XXXX and XX/XX/XXXX which I have outlined in my previous disputes. My mortgage account was capitalized {$170000.00} from XX/XX/XXXX to XX/XX/XXXX. Because of the above stated reasons, I am disputing the amount of approximately {$120000.00} that was capitalized into my mortgage account. I am a senior citizen and I want to keep my home. SPS offer me a repayment plan in XX/XX/XXXX by which I am required to pay {$6.00}, 114.06 or twice the amount of my usual mortgage payment of {$3000.00} I have stated that I can not afford to pay twice the amount of the mortgage payment on my mortgage account and that I am being pushed into a foreclosure position by being offered a repayment plan that is not feasible with my current monthly income. As a matter of fact, SPS did not request any income information from XX/XX/XXXX such as my income tax returns or a current P and L through the end of XX/XX/XXXX on which to base their repayment plan amount. They based their income calculation on an Profit and Loss through XX/XX/XXXX which is not an accurate statement of income. I have requested SPS to modify the amount of the monthly repayment to an amount I can afford and to increase the amount of the balloon payment at the end of the twelve month period. So far SPS has refused to do so. I have also requested that SPS change the amortization schedule on the loan to a 40 year loan which will make the repayment of any amount owed feasiible. may owe on the mortgage account.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-13
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Due to a hardship I fell behind on my mortgage payments and had to pay some of my payments late. Fortunately, I was able to bring them back to current status. But these late payments are still reporting on my credit report and affecting my credit score. I am asking for these late marks to be removed. This would help me tremendously in building credit worthiness. I have since set up my payments on auto draft and saved a few extra payments in case I fall on unexpected hard times in the future.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94501
Submitted Via: Web
Date Sent: 2019-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-12
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: This is regarding select portfolio servicing they have the balance of one of my rental homes, it was refinanced around 10 yrs ago with a balloon payment. We had forgot about the balloon portion of the loan, however in XX/XX/XXXX we received a letter saying the balance of the loan was due by XX/XX/XXXX we called select porfolio servicing in XX/XX/XXXX and was informed the loan was due however wasn't advised it meant we had to refinance the rental to a different lender. WE where told that everything was fine and there was no issues just keep paying.we got other notices regarding this through out the year! Each time there was not any word about it having to refinance the loan. Then In XX/XX/XXXX They stopped taking payments from us and reported on our credit report that we have late payments. I have none stop been calling them and I was told by a person there whom I have the name that select portfolio would do everything in there power to help resolve the issue. Yet today I called and told them I needed them to remove the late payment off my credit report because the loan officer that's doing the refinance had denied us a loan to refinance because of select portolio. They tell you a different story every time you talk to them, there purposely giving us the run around, They also have an insurance check that belongs to us of XXXX as well as another XXXX tax return
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 989XX
Submitted Via: Web
Date Sent: 2019-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I HAVE BEEN TRYING TO MODIFY THE EXISTING MORTGAGE WITH A NEW COMPANY, SELECT PORTFOLIO. THIS COMPANY IS GIVING ME HARD TIME WITH THE DOCUMENTS EVEN THOUGH I HAVE SENT DIFFERENT TIMES. THEY ARE SAYING THEY ARE NOT RECEIVING THEM. I HAVE BEEN SENDING NEW DOCUMENTS LIKE 4 DIFFERENT TIMES. THEY ARE PLAYING ME. RECENT I PAY TO AVOID FORECLOSURE. NOW THEY SAYS THAT I NEED TO PAY MORE.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: A previous complaint has already been submitted : unfortunately, we did not notate additional information in previous complaint the modification of payments. We requested a modification to have our payments reduced due to financial hardship several times XX/XX/XXXX and XX/XX/XXXX, and SPS modified our loan payment by {$57.00} from {$1300.00} to {$1300.00} starting XX/XX/XXXX XX/XX/XXXX-XX/XX/XXXX XX/XX/XXXX. The modification provided no assistance to our financial hardship, we continued to struggle. On XX/XX/XXXX, we received a letter stating a modification had been done which we were clueless about since we had not submitted a request due to last denial in XX/XX/XXXX. This particular modification payments were reduced from {$1300.00} to {$1200.00} roughly a {$100.00} and some changed ; however, the first payment was due XX/XX/XXXX, which was less than 30 days. We desperately want to keep our home. Sincerely, XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 37013
Submitted Via: Web
Date Sent: 2019-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-11
Issue: Struggling to pay 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 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 XXXX XXXX* ACCOUNT XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We sent to Select Portfolio on XXXX - XXXX XXXX a loan modification packet to modify our home loan to save our home Select portfolio is refusing to review our loan modification paperwork. We want to save our home and Select Portfolio is only interested in foreclosing on our home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Please allow me to respond to Select Portfolio Servicing, INC.s ( SPS ) XX/XX/XXXX response to CFPB ( XXXX ) and XX/XX/XXXX ( XXXX ) XX/XX/XXXX response to CFPB ( XXXX ), as well as SPSs XX/XX/XXXX response to XXXX XXXX of the New York State Department of Financial Services . As the following will indicate, there remains numerous inconsistencies and concerns with both the actions of XXXX and SPSs continued and past unscrupulous actions. First, SPS states, SPS currently has the authority to process Assignment of Mortgage ( AOM ). SPS is confident our processing of any AOMs is valid and compliant, and we find no merit to the claim of fraudulent AOMs. I disagree. Since SPS failed to provide me a copy of the AOM, I obtained a copy myself. It lists SPS as the assignor as Attorney In Fact for XX/XX/XXXX, yet no written power of attorney from XX/XX/XXXX to SPS is attached to the AOM. Does one exist? Has XXXX given SPS Power of Attorney? The AOM was prepared and submitted by XXXX XXXX XXXX, not SPS. XXXX XXXX XXXX is located in XXXX XXXX, MO and SPS is located in XXXX XXXX XXXX, UT. How does that Notary process work? Did the Notary in UT fly to MO to notarize the document prior to XXXX XXXX XXXX submitting via simplifile? The Assignee is listed as XXXX XXXX XXXX XXXX, as indenture trustee, for the holders of the CIM Trust XXXX, yet the allonge to the note provided in SPSs response is XXXX XXXX XXXX XXXX. What about SPSs Validation of Debt Notice correspondence dated XX/XX/XXXX, stating SPS was collecting debt on behalf of CIM Trust XXXX, the investor who currently owns your mortgage loan. Additionally, XXXX states they sold the loan to XXXX XXXX XXXX on numerous occasions, yet no documentation has been provided substantiating these transactions. The AOM states, For value received, the Assignor does hereby grant, sell, assign, transfer and convey, unto the above-named Assignee all interest under that certain Mortgage Dated XX/XX/XXXX, in the amount of {$32000.00}, executed by XXXX XXXX XXXX AND XXXX XXXX XXXX, Husband AND Wife to XXXX XXXX XXXX XXXX and Recorded XX/XX/XXXX, instrument # XXXX in XXXX County, State of New York. It also contains the property address as XXXX XXXX, XXXX, NY XXXX and absolutely no legal description of the alleged security interest. My review of said recorded mortgage indicates the mortgage has an address of XXXX XXXX XXXX, XXXX NY XXXX in the amount of {$32000.00}, which are both inconsistent with the AOM SPS allegedly legally recorded. It is my opinion, SPS did not record the legal description because, as they have been informed, they know it neither matches the note or the mortgage making it void. However, in true SPS fashion, they continue to misrepresent the facts in order to deceive and/or manipulate all interested parties to their benefit. They continue their Ponzi scheme in order to defraud the American public. Both the AOM and Allonge to the note is signed by XXXX XXXX, Document Control Officer. I am uncertain if this is a real individual or not. Secondly, SPS states, Please be advised SPS has requested all recorded assignments, and they will be sent under a separate cover. Ive never received, nor do I believe they even exist. Thirdly, SPS states in its correspondence to the New York State Department of Financial Services, In the inquiry, Mr. XXXX requested an update on the foreclosure process on the account. Due to the status of the account, we will not be pursuing foreclosure. What is the status of the account then? Why does SPS continue to send mortgage statements? Why has SPS not filed a valid probate claim against the estate of XXXX XXXX XXXX? I surmise it is because there is no valid account, valid mortgage, or valid note. Additionally, this seems to be contrary to previous documentation I have received including a XX/XX/XXXX Mortgage Statement that states, SPS has referred your account to an attorney for legal action. Fourthly, SPS states in its response to the New York State Department of Financial Services regarding property inspections, There may be occasions when more than one inspection is required, such as when an account is delinquent with limited customer contact. Its remarkably ironic, SPS stopped inspections, forced placed insurance and sent notice of closure of an escrow account shortly after my complaint being filed. However, this does not negate the past fraudulent inspections, BPOs, forced placed insurance and misc. fees erroneously charged to the alleged account during the time preceding this complaint for a property they have no security interest or standing to enforce. Lastly, it is evident both XXXX and SPS continue conspire to defraud and prey on unaware private citizens as well as state and local governments/officials and continue to go unchecked or held accountable. My attachments provide my evidentiary documentation, and as the Fiduciary for the Estate of XXXX XXXX XXXX, I continue to dispute and reject any claims from XXXX or SPS and affiliates. PS : CFPB website would not accept attachments, therefore, they have been sent to interested parties under separate cover.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-08-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hollo, My mortgage is with Select Portfolio Servicing and my loan # is XXXX. On XX/XX/XXXX I filed a complaint with your office, complaint ID XXXX, you contacted them and they provided you with their response. I then talked to one of your representative who told me I could refile if I did not agree with their response. I apologize for bothering your office so much but I have no one else to help me keep my home. In their response to you Select Portfolio Services outlined several help that have been given to me however I will like to contradict that. They mentioned a XX/XX/XXXX modification. That modification was given to me by another company that was servicing my loan at the time and that was to move my loan from adjustable loan to fix loan because I had one of those where my monthly payment kept going up. After the modification I lost my job and fell behind on my mortgage, this was when the economy was still very bad. My mortgage then moved to another company, I think, and I applied for another modification. While in the process of that modification my loan moved again to Select Portfolio. After my mortgage moved over to them they reapplied for the modification because the modification documents from the other company was not forwarded to them, according to them. So I reapplied. The kept asking for documents which I kept sending until they put my home into foreclosure. I then contacted your office, this was back in XX/XX/XXXX, complaint ID XXXX. When I filed the complaint with you, you contacted them and with a week they gave me a forbearance plan that gave me one year to pay {$35000.00} at $ 2,900.00+ monthly payment. I couldn't afford it and let them know. They then offered that I do a short-sale where they would help me with up to {$10000.00} moving cost. I put the home up for short-sale in XX/XX/XXXX and found a buyer. While they were still processing the short-sale, I got laid off from my job and moved to my family in XXXX in XX/XX/XXXX. I could not afford to move all of my belongings to XXXX so I left them in the home, hoping to move them out when I got the relocation funds. In XX/XX/XXXX they approved the short-sale with XXXX dollar to me for relocation cost. The buyer however insisted that I remove all of my things out of the house if they were to continue the sale. I couldn't do anything because I didn't have any funds to move my things. So the short-sale fell through. When they later approved the short-sale again with {$3000.00} relocation cost, but the buyer had walked away out of frustration. They kept asking for one document after the other. They didn't ask for them all at the same time, you would send one document in and by the time they ask for the next one and by the time you send that one in, the previous one would expire, according to them and you would have to resend it again. I guess all of that frustrated the couple because they walked away. I moved back into the home, 5-6 month after it sat vacant for all that long because they suggested I do so in other to get the relocation cost. I couldn't even afford plane ticket and drove with my little daughter from XXXX all the way back to XXXX. That's how much trouble this company has caused me. With that they gave mean another unaffordable forbearance. To pay over {$55000.00} in one year. Except this time I would pay {$1900.00} for eleven months and on the 12 month to pay all of the balance. I starting paying the {$1900.00}, made four payments and over those 4-5 months I wrote them twice to move the {$45000.00} to the very end of the loan but again they refused. So if you go over my loan history, you will see that Select Portfolio Services have never given me any payment plan to help me keep my loan. You can offer a forbearance if the past due balance is 6-10 thousands dollars but not when the past due is over {$30000.00} of which some are fees. They have given me two unaffordable forbearance plans and a short-sale that took so long until the buyer walked away. Sometimes I actually think they just want to take back my home because there were still lots of programs when then took over my mortgage and also because of the way they handled the short-sale. I am so tire but I continue to fight with them because this is my home, this is where I have been raising my daughter. All I am asking for is for the to give me a reasonable plan, a plan that does not ask me to pay over {$50000.00} in one year. Thanks for doing what you do and just listening if nothing else. Sincerely XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MN
Zip: 55378
Submitted Via: Web
Date Sent: 2019-08-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Select Servicing Portfolio , Inc., is reporting that as of XX/XX/XXXX, I am 164 days delinquent in mortgage loan acct. # XXXX when I am not. The property was heavily damaged by Hurricane Mara and the prior mortgage servicer, XXXX XXXX XXXX XXXX XXXX, gave me two payment moratoriums. The first one was automatic and a second one was extended until XX/XX/XXXX, in letter dated XX/XX/XXXX. The mortgage was then transferred on XX/XX/XXXX to Select Servicing Portfolio , Inc., for further servicing. Select Servicing Portfolio, Inc., then obligated us to repay the amount of payments accumulated during the moratorium period, even though the house was still under repair and reconstruction. We complied with their demand, and a payment plan was approved for such repayment doubling the amount of the mortgage payment for a period of time. Although I complied entirely by starting my payments on XX/XX/XXXX, and thereafter including doubling the amount of the payment, up to this date Select Servicing Portfolio , Inc., has refused to eliminate the incorrect reporting to the credit agencies that I am 164 delinquent on the mortgage loan. More than 4 letters have been sent to Select Servicing Portfolio , Inc., and today I held a 42 minute telephone conference with their Relationship Manager, but they refused to revoke the incorrect reporting.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PR
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A