Date Received: 2019-07-10
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: S.P.S for 3 years I have been trying to get A Modification Approval In All of it on XX/XX/2019I Received Contract was informed to send all papers Back. One week later I was told to send first Morgage Payment with the Agreement I wired my first Morgage 15 days early one week later it was put back in my bank account then one week later they said they had found the mistake. They advised me to wire the money Again .One week later A Sheriff put a letter on my door that my house was in foreclosure. I have A XXXX year old Mother that I care for PLESE I NEED Someones Help
Company Response: Company believes complaint is the result of an isolated error
State: NJ
Zip: 08021
Submitted Via: Web
Date Sent: 2019-07-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-09
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing has preventing me from refinancing my mortgage since XX/XX/2019. Theyve continued coming up with excuses and fees for why they arent able to assign the mortgage to the new lender.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11238
Submitted Via: Web
Date Sent: 2019-07-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I, Mr. XXXX XXXX, in XX/XX/XXXX was a victim of Hurricane Florence, SPS XXXX # XXXX XX/XX/XXXX I was offered a forbearance plan because I live in an area that is located in a natural disaster area declared under FEMA. The letter went on to state there were no payments due for the months of XXXX, XXXX, XXXX, of XXXX then a balloon payment due in XX/XX/XXXX. I have continued to make my mortgage payments they are current and on time. The letters from SPS and XXXX state during the plan term, they will not proceed to foreclosure sale or commence foreclosure proceedings on the property during the forbearance term. Credit reporting - They will continue to report to the credit reporting agencies. The report will reflect that the consumer has been affected by a natural or declared disaster. - ( i was not worried that my credit would be affected negatively ) XX/XX/XXXX, I have been denied for a loan. Due to the payment history being reported by SPS. They show {$0.00} monthly amount due on the letter. I have been disputing the information as they report to the credit agencies past due 30,60,90 day on my loan. ( I have completed the temporary forbearance ) I have spoke with the SPS and the credit reporting agencies about the late payments that are being reported and to no avail, they point fingers at the other. The SPS says they report we are affected by a natural disaster no payment due and the agencies state the SPS sends the information that a payment was not made, the agency only reports the information sent by the credit I have been trying to refinance my home to make necessary repairs and also to help prevent damage from the next storm. XX/XX/XXXX, I have been denied for a loan. Due to the payment history being reported by SPS. I sincerely appreciate your assistance with this matter. XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 29576
Submitted Via: Web
Date Sent: 2019-07-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I XXXX XXXX XXXX am writing a complaint on SPS because they called my homeowener insurance company XXXX XXXX on XXXX XXXX. SPS told my insurance company to send me a threatening letter about charging me doubling insurance because I refuse to do a short sale. SPS also told them to cancel my homeowners insurance policy because they wanted all the furniture and personal items in my house to be lost/stolen and would not replaced. Finally they told XXXX from XXXX XXXX/Investor to come by house to tell me to get out. Please verify with XXXX @ XXXX I have called the police on XXXX. If SPS sends XXXX and any other mortgage company I will send the authorities to SPS Inc. in XXXX XXXX XXXX UT. I want the foreclosure sale date stopped or I will file a lawsuit.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30022
Submitted Via: Web
Date Sent: 2019-07-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: PRIOR TO SPS XXXX SERVICED THE LOAN NOW THAT SPS IS THE SERVICER THEY WILL NOT ACKNOWLEDGE MY INCOME AND ARE BASING THE MODIFICATION PAYMENT BASED ON A HORRIBLE VALUATION OF MY HOME BY DOUBLE THE VALUE WHAT THEY DO IS DEFINITELY NOT SPS DO NOT CONTACT ANYONE TO DISCUSS THE MATTER THREATENING WITH FORECLOSURE
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33629
Submitted Via: Web
Date Sent: 2019-07-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-05
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: To Servicing Bank : SELECT PORFOLIO SERVICING XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX cc : Consumer Protection Bureau Ref. : Select Portfolio Servicing Acc # XXXX XXXX XXXX Loan MIN # XXXX Property : XXXX XXXX XXXX XXXX, XXXX Fl XXXX RELEASE ACCOUNT STATEMENT This is a " qualified written request '' under Section 6 of the Real Estate Settlement Procedures Act ( RESPA ). I am writing because : 1. STATUS OF LIMITATION OF THE ACCOUNT # XXXX. Disclose copy of Notice Default letter dated XX/XX/2007. Pursuant Section 6, The Real Estate Settlement Procedures Act ( RESPA ) Select Portfolio as the servicing bank handling this account, is required to disclose and release the above-referenced and inquired documents. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX ( XXXX ) XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2019-07-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-04
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing, Inc. received my mortgage check # XXXX in the amount of {$2400.00} for the XXXX mortgage payment. Instead of depositing my check, Select Portfolio Servicing , Inc. made an ACH withdrawal from my checking account on XX/XX/2019. I never authorized Select Portfolio Servicing, Inc. to make an ACH withdrawal from my checking account.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90505
Submitted Via: Web
Date Sent: 2019-07-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX I enter a 3 month trial period HAMP pre-mortgage modification program with SPS Servicing faithfully paying ( ~ {$1500.00} ) as agreed. On XX/XX/XXXX I was accepted into a mortgage modification, signed all necessary documents to execute the HAMP program and again faithfully paid as agreed to date ( XX/XX/XXXX ). After the modification was executed I was experiencing financial difficulties resulting in my filing Bankruptcy Chapter 13. Again i continue to pay my modified mortgage as agreed for several months with no issues. On XX/XX/XXXX I received a statement saying my next payment was significantly less ( {$650.00} ). I assumed this was an error and I called SPS to have the matter looked into. I payed the ~ $ XXXX monthly payment as i expected this would be the correct amount. SPS looked into this and it took two months and the statement i received on XX/XX/XXXX changing my payment to {$940.00}. Called again and reported this was still not correct. Again this was still much lower than my standard payment so I payed the ~ {$1500.00} expecting this to be corrected and expecting that's what i owed. OnXX/XX/XXXX I received a new statement stating that my new monthly payment would be {$10000.00}. Obviously this swung from being significantly lower to obscenely high. I called SPS and first i was told my local property taxes increased. I looked on the local town website and my property taxes did not increase they were ~ $ XXXX/yr. I reasoned with the relationship manager that it would be impossible that my taxes increased from ~ {$5700.00} a year to ~ {$9900.00} a month, this must be another error please correct it. The relationship manager agreed and reached out for support. I was finally told this was an error in my escrow account and they would need to reapply my payments. In this process i'm told the payments first pay the estimated escrow account and based on their escrow estimate my total with taxes and insurance would be ~ $ XXXX/yr. I argued that my taxes have been ~ {$5700.00} and my Insurance dropped from ~ {$2200.00} to ~ {$1800.00} in XXXX and this year ( XXXX ) {$1400.00}. A payment change was made to my account prior to the XX/XX/XXXX ( the initial issue ) that made my payment {$1400.00} which has been the amount i continued to pay based on an annual escrow account determination dated XX/XX/XXXX. On XX/XX/XXXX I received a statement noting my payment is {$5200.00}. Again I called SPS and noted i never missed a payment why is the statement showing me two months behind. I was told that due to my Chapter 13 there would be a petition amount. My lawyer confirmed this. At first it was ~ {$10000.00}. I contested it and my lawyer worked with the SPS lawyer to address the issue. SPS was saying the $ XXXX was owed prior to the chapter 13 filing which was an error. The Chapter 13 Trustee agreed and the matter was drop. Prior to my chapter 13 acceptance SPS made a new petition for ~ {$950.00} in arrears escrow. Again i continued to complain this is not correct, but my lawyer noted that this would drag on the chapter 13 acceptance. He told me to address the issue post the chapter 13 acceptance. My chapter 13 was accepted in this past XX/XX/XXXX. I promptly called SPS again and explained the issue to the answering relationship manager. He asked me to review all my payments to confirm. I did on the phone with him and he confirmed that i did make the payments as agreed. After reaching out for support he came back on and told me that when they did the payment removal and reapply they paid the escrow first which again is an estimate of escrow which is how/why the {$5200.00} amount with me being behind two payments was introduced. The relationship manager said they could do the removal and reapply again which i agreed. On XX/XX/XXXX I received a payment reapplication letter from SPS. Again they explain the process, but this time they note they have all the documentation ( which they did not share ) and at the end of the letter that they note it as privileged or proprietary information. The result was the amount is now {$3800.00} as past due. Again i have never missed a payment. I'm certain in my mortgage modification all unpaid escrow prior to the modification possible was thrown on the modification amount. I have three concerns. First will this game SPS is engaging in lead to me being in foreclosure? Second as part of the HAMP I'm entitled to receive up to {$83.00} per month in incentive paying on time every month, if they hold their position i don't get any of this. Third on my sixth modification anniversary i can earn the right to receive {$5000.00} in principal reduction again if they hold their position i don't get this. Please help me understand my rights under the HAMP program and please help me work to correct the issue with SPS. Thank you,
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CT
Zip: 060XX
Submitted Via: Web
Date Sent: 2019-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-01
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: History of how we came to the situation to date : We purchased our home in XX/XX/XXXX for {$420000.00}. At this time, my husband 's business with thriving and we could easily afford this and were told by our mortgage broker " that we could buy any house we wanted up to {$700000.00}. '' We thought we were being conservative when we decide on our home for {$420000.00}. At closing, we had two mortgages. The 1st mortgage was a no doc, interest only ARM for {$340000.00} ( est ) that landed with XXXX. The 2nd was a standard mortgage for {$80000.00} ( est ) with XXXX XXXX. Prior to the closing, when we expressed concern over the " interest only '' mortgage, the broker stated that we could easily refinance into a regular mortgage in a short time period. To this day, Im not sure what he did to qualify us for this but he was fired on the day of our closing. We made our ( very large ) mortgage payments faithfully and on time. In XX/XX/XXXX, our home appraised for {$460000.00} and we had a refinance scheduled to close in XX/XX/XXXX with XXXX that would combine both of our mortgages into a regular principal and interest mortgage. In XX/XX/XXXX, XXXX went under and the closing never occurred. We found ourselves in the mortgage crisis with a total mortgage payment that had now escalated to over $ 4,000/mo. We struggled to continue these payments and contacted XXXX for assistance to have our mortgage revised. They indicated that they could not assist us since we were not late on paying our mortgage. We then intentionally stopped paying our Mortgage in XX/XX/XXXX in order to qualify for an assistance program. While attempting to work with XXXX and thinking we were being reviewed for a program, we received a foreclosure notice for XX/XX/XXXX. As you know, during this time period, so many foreclosures were happening. We had heard horror stories about people coming home and all of their belongings were out on their front yards. We drove by many houses and actually saw this. We were terrified this would happen to us and decided to move out of our home before the foreclosure date and into a rental and were ready to just have the home taken and sold at auction. The foreclosure was stopped due to a government action at the time, stopping all foreclosures due to robo-processing. Our mortgage company, XXXX, then collapsed and our mortgage began being processed by XXXX XXXXXXXX XXXX. At this time, my husbands business went under due to the economy and we were now a one income family while he attempted to find a job. We then attempted to short-sell our home ( that we were no longer living in ). Our beautiful home that appraised for {$460000.00} a year ago, now appraised for {$280000.00}. We had a buyer and a closing date. Three days before the closing, after the buyer had invested significant money and had sold their current home, we were notified that the short sale was cancelled by the bank with no explanation. We then received another foreclosure notice for XX/XX/XXXX. We assumed that this foreclosure occurred and were moving on with our lives. However, in XX/XX/XXXX, we were contacted by XXXX XXXX XXXX. They told us that the house had not foreclosed and that we still owned it and there were new programs that we qualified for to restructure our mortgage so that we could retain our home and they were going to XXXX us the paperwork to begin the process. However, they told us we had to be living in the home. That weekend, we moved back into the house. We spent {$5000.00} on movers and had to make the house livable again after being vacant a year and uncared for as well as several thousand dollars to break our lease early. We never received a XXXX package with the loan restructure paperwork but a week after we moved back in, we received a foreclosure notice!! At this point, I contacted the Presidents Office at XXXX XXXX XXXX as they had a special team setup to assist with home retention. They did stop the foreclosure but after six weeks we were notified by them that XXXX XXXX XXXX was only the servicer of our mortgage and that our lender was XXXX XXXX ( we never knew this until then ) and that our mortgage was in a pool of mortgages that XXXX XXXX had deemed unnegotiable. Why didnt XXXX XXXXXXXX XXXX look at this before telling us we qualified for a new loan program and had us move back into the house??!! We were now two years behind on our mortgage payments and we tried everything to have our mortgage restructured. In XX/XX/XXXX, we hired an attorney and spent thousands of dollars in attorney fees in an attempt to sue, we enrolled in every possible government program and filed for Chapter XXXX that was discharged in XX/XX/XXXX. Our mortgage servicing company then changed to SPS. We did not hear from them for 2 years. We again attempted to have our mortgage restructured and were eventually told it was not negotiable. In XX/XX/XXXX we received another foreclosure notice and our attorney advised us to have my husband file Chapter XXXX to stop it. We continue through the next 2 years in a constant state of worry and stress trying everything to be able to keep our home. In XX/XX/XXXX, we received a 1099 for {$71000.00} from XXXX XX/XX/XXXX XXXX for a discharge of our 2nd mortgage with XXXX XXXX. With this 2nd mortgage discharged, we again attempted to restructure our mortgage with SPS. If they would waive the legal and late fees, we would afford to begin making mortgage payments again. They would not consider this and in XX/XX/XXXX, we entered into the Short Sale program with SPS. In XX/XX/XXXX, we moved out of the house into a rental. Current situation and reason for complaint : We have found a buyer that offered SPS {$310000.00} for the house. SPS sent a realtor to do a BPO ( not a true appraisal ) which came back at {$390000.00}. SPS declined the offer. The buyers had an independent appraisal done which came back in the low $ 300s and they also provided a list of repairs needed to the home. The buyer then raised their offer to {$340000.00}. SPS again declined this offer. We requested that SPS have a true appraisal done on the home. We received a letter from SPS dated XX/XX/XXXX saying that the short sale has been declined. However, it appears that one department was not speaking with the other and the appraisal that was requested by SPS was conducted on XX/XX/XXXX. In the meantime, we received another foreclosure notice with a sale date of XX/XX/XXXX. SPS received the appraisal on XX/XX/XXXX. The house appraised for {$310000.00}. ( Just a note that a house 2 doors down from ours, just recently foreclosed and was sold at auction for {$280000.00}. ) We contacted SPS and even though they received this appraisal that they requested and that is {$34000.00} lower than what the buyer is willing to pay, they refused to consider the short sale and would not stop the foreclosure. The agent assigned to us said to me Im not supposed to tell you this but you can file bankruptcy to stop the sale to give us more time. My husband went to the courthouse today. On his way there, he called SPS again in an attempt to have them consider the short sale and stop the foreclosure. They are stating that they are acting on behalf of the Lender, XXXX XXXX and XXXX XXXX is refusing to Short Sale. Since they refused, my husband filed Chapter XXXX today to stop the sale. Needless to say, his credit is ruined for a very long time. We are good people that have found ourselves in an impossible situation. The most recent monthly mortgage statement we received from SPS shows that we owe {$350000.00} but they are saying we owe them over {$500000.00} with attorney and late fees. If XXXX XXXX XXXX had not convinced us to move back into the house in XX/XX/XXXX and the house had been foreclosed on then, we would be well on our way to a new credit life. Our only desire was to raise our children in our home ( paying for it ) and have a normal life. We just want to move on and know that our house ( which was truly a home to us ) is going to a family that really wants it. We dont want to have our home foreclosed on. Now, there is an opportunity for SPS ( XXXX XXXX ) to sell the house for {$340000.00} which is more than they will ever get in a foreclosure and they refuse to do so. With the interest only mortgage payments we made for over {$130000.00} and the short sale, they will have received {$460000.00}. We need assistance with negotiating a short sale and a waiver of the deficiency balance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30152
Submitted Via: Web
Date Sent: 2019-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-07-01
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: OFFICE OF XXXX XXXX XXXX XXXX XXXX XXXX, XXXX FL XXXX ( XXXX ) XXXX XX/XX/XXXX Certify Mail : XXXX XXXX XXXX XXXX XXXX To Servicing Bank : SELECT PORFOLIO SERVICING XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX cc : Consumer Protection Bureau Ref. : Select Portfolio Servicing Acc # XXXX XXXX XXXX Loan MIN # XXXX Property : XXXX XXXX XXXX XXXX, XXXX Fl XXXX XXXX REQUEST RELEASE ACCOUNT STATEMENT ( RESPA ) This is a " qualified written request '' under Section 6 of the Real Estate Settlement Procedures Act ( RESPA ). I am writing because : 1. I has been requesting a complete copy of the Financial Statement and history payment of account # XXXX from XXXX to present. 2. Separte statement of legal fees paid from XXXX to Present. Pursuant Section 6, The Real Estate Settlement Procedures Act ( RESPA ) Select Portfolio as the servicing bank handling this account, is required to disclose and release the above-referenced and inquired documents. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX ( XXXX ) XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2019-07-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A