Date Received: 2019-05-03
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have a 1st Mortgage with XXXXXXXX XXXX XXXX XXXX, and serviced by SPS Portfolio Servicing, XXXX. XXXX XXXX, XXXX XXXX XXXX, XXXX. I had a pending loan modification that expired XX/XX/19 that I was paying ap. {$1500.00} per month on. On XX/XX/19 the servicer sent me a notice of the expiration of my 5 year modification with a demand for a new monthly payment of {$3800.00}, and beginning XX/XX/19!! This is a {$2300.00} dollar per month increase!! They informed me that I could submit for another modification, which I did. After all the paperwork I provided SPS informed me that XXXX XXXX does not provide this service any longer. I appealed this decision to give me 1 more year and they declined. They " hang their hat '' on the area of the modification agreement that says borrower may suffer from payment shock at the end of their modification period. Payment shock according to- XXXX XXXX XXXX underwriters is a 20 % increase in the borrowers payment!! Mine is 250 %!! This is a owner occupied mortgage! They should have spelled this potential increase out 5 years ago. I am XXXX XXXX XXXX and have been in my home 20 years, they gave me 2 options, to sell, or refinance! Please help! XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91765
Submitted Via: Web
Date Sent: 2019-05-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-05-02
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: This is in response to Select Portfolio Servicing , INC. ( SPS ) CFPB response to complaint XXXX, dated XX/XX/XXXX. I have several issues/concerns with this response. 1- SPS never addressed the illegal trespassing on private property. 2- SPS 's alleged validation of debt is unacceptable. SPS is a servicer and/or debt collector. SPS is not the alleged note holder and has yet to provide any documentation from the alleged note holder providing proof of their security interest ; i.e. assignment documentation. 3- In the Broker 's Price Opinion ( BPO ) provided in the response by SPS , an " out building '' was used in the assessment. This building is not even on the property of the subject property that was being assessed. Not to mention the entire BPO is based on the wrong property as described in the mortgage documents. SPS continues to inflate the price of subject property in a fraudulent manner. 4- SPS ' BPO states the subject property has an estimated value of {$100000.00}, yet they forced placed insurance on the property in the amount of {$230000.00} in coverage from XXXX XXXX XXXX XXXX as Select Portfolio Servicing , Inc. named as the first insured ( Policy # XXXX ). This is not only unethical, it's illegal. 5- On XX/XX/XXXX, XXXX stated they provided me a copy of all origination related documents pertaining to account # XXXX. This was false and a misrepresentation of the facts. The documents included : Customer Application, Loan Agreement Including Truth-in-Lending Disclosure, Notice of Right to Cancel, Recorded Mortgage, Good Faith Estimate, HUD Settlement Statement, Servicing Transfer Disclosure Statement, Hazard Insurance Disclosure, Waiver of Escrow and Origination Appraisal. However, in SPS 's XX/XX/XXXX response they included a document entitled " Arbitration Rider '' as part of the alleged loan documents. I have never seen this document and XXXX has never provided it to me as a result of my numerous inquiries. As a result, I would like XXXX to explain why it was not sent with the documents requested and provide a copy of the document and any other document ( s ) they neglected to send me in their XX/XX/XXXX correspondence. Either the document does not exist and SPS fabricated it, or XXXX has once again been negligent in performing their duties. Please advise, I continue to assert SPS continues to act in a fraudulent manner and misrepresents their legal abilities as a servicer/debt collector.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-05-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My complaint is against Select Portfolio Servicing , Inc. the Servicers of my loan Select Portfolio Servicing became the servicer the beginning of XXXX prior to that XXXX XXXX had the account. I received a letter from XXXX XXXX indicating that they were no longer the servicers but SPS was and that any arrangement or agreement that XXXX XXXX had prior to the change of Servicer that agreement would be honored by Select Portfolio Servicing. The letter sent to me from XXXX in XX/XX/XXXX states that. I continued to work very hard to make sure that XXXX XXXX had all the documents they needed to approve a short pay-off since that agreement would be honored. Originally XXXX XXXX agreed to XXXX and that was the current offer on the table. However, as I started working with SPS they were reluctant to allow me to move forward with the XXXX short pay even though that was the agreement with the prior servicer. SPS came back later and agreed to a XXXX Short Pay I agreed and moved forward to get the banks offer and closing date. I had to work very hard to remove erroneous property tax charges and other charges placed on my account to hinder me from selling my home outright. We were about to close with the Bank and pay SPS as agreed but out of no wheres SPS pulled the agreement and stop the closing. I made a request from SPS to get updated settlement letter from SPS. For the closing but they refused and then backed completely out. They ordered an auction of my home without cause when I have the bank loan to pay the loan off. SPS is fraudulent and deceptive practices should be stop. Please review the information I have submitted to show that their activity is very suspect and borderline criminal. Please review the fabricated promissory note which has a notary they employ and the signature of the POA that does not exist., please see the attached. I have shown SPS and the investor several times that the original lender was out of business before they finance my loan. The Servicer as well as the attorney knows that the company had no license to do business in this state but continued to do business illegally. The attorney General in this state has turned a blind eye to the situation even though hundreds of people have gotten loans and lost their home with the enormous fraud perpetuated by the authorities and those involved in this scam. The notice of error was sent out, but they ignored the RESPA violations. There were issues with the closing, but they ignored that the information I provided which show that my loan was never assigned. They have no legal right to foreclose or auction my property.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: KY
Zip: 40211
Submitted Via: Web
Date Sent: 2019-04-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-29
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing which holds the mortgage previously held by XXXX XXXX, is failing and refusing to correct improper filings they did with the county to permit me to refinance the mortgage. For the last month I have been told by them that they have escalated the issue, but I just have to wait until they get around to resolving the problem. I have asked to speak to a supervisor each time, and on each occasion have been told that a supervisor is not available, but will call me back in a couple of days. To date, I have not received a call back. Each time I call and ask for the person I spoke to previously, I am told that person is not available and I need to speak to whoever is currently available. It appears that they are intentionally delaying the process so they can maintain the income from my current mortgage. Initial calls to Select started in early XXXX, and have included calls two to three times a week, with the most recent call being today, XX/XX/2019. It should be noted that I am not seeking to refinance with Select, but will be refinanced by XXXX XXXX, which has approved refinancing but can not proceed to closure because of this issue.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 10027
Submitted Via: Web
Date Sent: 2019-04-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hello, I had taken out a HELOC with XXXX XXXX XXXX back in XXXX. Having XXXX kids I needed money for schol tuition, cars, clothes, medical and dental costs ( braces ) etc. So I had been making monthly payments every month without issue ( XXXX or so ) until in XXXX my monthly payment skyrocketed to quadruple that amount, XXXX a month. I called XXXX and was informed that the loan amoritized ( sp ) after 10 years unbeknownst to me. Living from paycheck to paycheck this was essentially a second house payment. I informed XXXX that I had no idea that this would happen when I took out the loan, indeed I would have never took out the loan had I known that. They claimed it was in the fine print. i tried to modify the loan two times, sending documentation of expenses, income etc and they claimed I did make enough money to modify. I lost my job with the federal government in XXXX and claimed Chapter XXXX bankruptcy and the XXXX HELOC was discharged as part of the bankruptcy as well but they said they could still take our house if we defaulted on the HELOC. XXXX XXXX XXXX has since sold my loan to Select Portfolio Services. Please advise if we may obtain any relief as we can not sustain this burden. Thanks in advance for your help in this matter, XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 21122
Submitted Via: Web
Date Sent: 2019-04-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My father passed and I the property has been left to me, The mortgage has matured out and the mortgage has ballooned out. I need this mortgage modified for a mortgage payment to be affordable and the mortgage fixed for 30years. I don't want to lose the property my mother resides in the property and I also stay there to assist with her care.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MS
Zip: 386XX
Submitted Via: Web
Date Sent: 2019-04-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Port Folio is my mortgage servicer, Submitted financials request for mortgage modification to them several times. Select Port Folio and the investor for my mortgage has been very difficult to work with the mortgage is adjustable rate mortgage and the payment continues to adjust out increasing the mortgage payment. On XX/XX/2019 I resubmitted my request for mortgage modification My request for mortgage modification has been denied several times. I have been forced to file bankruptcy to maintain ownership of my home, my bankruptcy has been dismissed and I want to modify my mortgage fix the interest rate to get my mortgage back on tracks. Please, Please Help
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38016
Submitted Via: Web
Date Sent: 2019-04-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage ( SPS account XXXX ) was transferred from XXXX XXXX to SPS Servicing. For years, my mortgage has been withdrawn on the XXXX of the month. SPS sent me about a dozen notices- too many in my opinion because it just confuses information that should be given succinctly in one- saying that my ACH would continue. I called to verify that my ACH would continue and was told it would. SPS withdrew my payment on the XXXX instead of the XXXX. This caused undue financial hardship for me, since I was not expecting a large payment to come out of my bank account on the XXXX. When I called SPS to rectify the situation, XXXX XXXX said I could change it but that SPS took it out on the same day as the prior servicer. That is not true, and although I had my bank data, she did not care. How many mortgages are pushed forward like this by SPS trying to get better cash flow? Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 299XX
Submitted Via: Web
Date Sent: 2019-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX SPS Servicing Executive office / QWR TO WHOM IT MAY CONCERN : This is a Qualified Written Request under the provisions of the Real Estate Settlement Procedures Act ( RESPA ) as stated in Title 12 United States Code, Chapter 27. I am writing to request the following regarding the Account # XXXX : XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX : ( 1 ) Copies of ALL documents pertaining to the origination of our mortgage including our loan application, Right to Cancel, Deed of Trust, note including all endorsements, allonges or other indicia of all transfers since the note was signed, adjustable rate note, Truth in Lending statements, Good Faith Estimate ( GFE ), HUD 1, appraisal including comparable properties, which were used to arrive at the value for the above loan, and all required disclosures. These copies should be legible and all documents shall be copied in their entirety. ( 2 ) The date your firm began servicing the loan. ( 3 ) The previous servicer of this loan. ( 4 ) A copy of the loan history including the current interest rate on the loan, all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. 5 ) A breakdown of the current escrow charges showing how it is calculated and the reasons for any increase within the last 24 months and a statement indicating which covenants of the mortgage and/or note authorize each charge. With an explanation of why as of XX/XX/XXXX my payments were not made to escrow as contractually obligated per my note, mortgage and Modification agreements. Previously after transfer they were made appropriately from XX/XX/XXXX until XX/XX/XXXX. ( 6 ) Please provide a copy of all trust agreements pertaining to this account. ( 7 ) If this account is registered with MERS, state its MIN number. ( 8 ) Please provide a copy of all manuals pertaining to the servicing of this account. Also specify the policy and procedure that incorporate the application of Escrow payments and authorization to use Escrow funds to apply to principal reductions. ( 9 ) Policy and procedures on charging recoverable fees in XX/XX/XXXX-XX/XX/XXXX after principle reductions to my account were made and my payments were deemed short. ( 10 ) Policy and procedures in regards to corrections to misapplied escrow payments to accounts where principal reductions were made without the customers knowledge or approval. ( 11 ) Policy and procedures of reversals of funds and disputed amounts that were made to accounts where escrow payments were misapplied to principal reductions ( 12 ) policy and procedures for pre-acceleration letters are sent without the Borrowers being in default per the letter received on XX/XX/XXXX. ( 13 ) Policy and procedure of notices to borrower their payments are wrong and they are applying the payments to principal reductions instead of making contractual obligated escrow payments. ( 14 ) Policy and procedures for instructing new payment changes due to misapplied escrow payments and additional charges made to account because of reversal of funds. ( 15 ) Policy and procedures of mortgage statements showing escrows were to be paid and were not. ( 16 ) ALL voice recording and correspondences for the life of the loan regarding payment / Escrow disputes and customer contact. ( 17 ) Please send me the original note with endorsements and allonges. ( 18 ) All trust documents, Purchase and assumptions agreements, POA and schedules of trust this loan is a part of. Servicing, sub servicing, and any authorization SPS uses as a servicing guideline to service this file. ( 18 ) Policy and procedures on how your customer serve reps are trained to read and evaluate information on your information systems and when the training took place. **All of the above listed information should cover the entire life of the loan. We hereby dispute all late fees, charges, inspection fees, property appraisal fees, compulsory insurance charges, legal fees, and corporate advances charged to this account. We have reason to believe that our payments made to the servicer on this note were inaccurately charged, and/or posted, causing unnecessary financial and emotional stress to us. The need for Taxes and insurance payments that were paid on this account were misapplied as of XX/XX/XXXX going forward to present. XXXX and XXXX Remitted payments of all of our escrow shortage in 2 payments from XX/XX/XXXX and XX/XX/XXXX. I had to contact a corporate rep to help resolve the issue and I was assured the correction to the escrows were fixed. Still making weekly payments of XXXX weekly payment of XXXX was our monthly payments thus making EXCESS payments monthly. If the servicer did charge and apply payments properly there would be no escrow issues or misapplications of funds or needed reversals of some of our payments. The reversals of funds and applying them to our escrow now makes us have payment shortages as we pay towards the next month. On XX/XX/XXXX I was informed I was due for XX/XX/XXXX payment even thought we had submitted XXXX in payments for the month. The chosen reversals put us in a potential breach situation due to SPS misapplication of funds. Since discovering this issue, we have stayed in contact with numerous people within your customer service departments, loss mitigation departments, and repeated requests for this loan to be reviewed and corrected by the executive office. I have spoken to XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX Who all assured me they would resolve it. I was advised that someone would contact me and there would be no problem getting assistance to bring the account current with reversals that were appropriate. A complaint with the CFPB complaint # XXXX was filed XX/XX/XXXX. I was told per SPS that the way I paid caused the misapplication. I was never informed that I couldnt pay that way and Told the associate why I paid it that way. NO ONE before the response to the CFPB EVER told me I couldnt pay that way. I was then that I was told I would have to have an increase in payment to cover the increase in escrow advances and now I have a shortage of suspense payments to cover this month. I have paid {$470.00} 3 times this month So that some of the payments were applied to last month after your company reversed only 2 months payments VS what they should have. Your misapplied practice of funds now has caused a possible impending default on the loan. Is this part of your business strategy? We both feel that we have been very proactive in keeping our family home. We do not want to lose our family home, and an application for a hardship withdrawal is in hand, to bring the loan due for XX/XX/XXXX. We must have a letter with the correct amounts since I have received 3 different new payments amounts. We have been given the runaround by your voice recognition call routing system on numerous occasions. I have talked to various agents with different versions of what the issues and how to solve it would take place. I have been re-routed to the wrong department or individual, dozens of times. This letter should serve, once and for all, to get the proper answers from your company. I understand that under RESPA you are required to acknowledge my request within 5 business days and must respond or try to resolve the issue within 30 business days, unless you notify me of the reasons for the delay before the expiration of the 30 business days, in that case you are allowed an additional 15 business days. In closing we are not trying to get out of paying the loan, we are only interested in getting the loan current and making timely payments for the remaining duration of the loan. IF this request is not responded to in a regulated time set for the by the government statutes, you are in violation I have the option to seek a legal remedy. My attorney may seek damages and settlement funds with a jury trial after a deposition of your managers I referenced above as well as your customer service representatives I spoke to. Possible violations include Unclean hands, breach of contract, estopple issues, res judicata, failure to mitigate, RESPA, FDCPA, TSPA, issues. My Attorney is awaiting your response to file and may file an action. Feel free to contact me at XXXX should you require any additional information or wish to discuss this matter in more detail. Very truly yours, XXXX and XXXX XXXX Copy to E-mail, CFPB, and Sent Certified mail.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32829
Submitted Via: Web
Date Sent: 2019-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: There are several serious issues with this mortgage and foreclosure : 1. The mortgage contains the wrong legal description. This would effectively invalidate the conveyance of the lien to the property. 2. The note contains former XXXX XXXX VP XXXX XXXX. It is a matter of public record that XXXX XXXX left her position at XXXX XXXX XXXX in XXXX of XXXX. There is no way she could have legally endorsed my note after the loan was consummated in on XX/XX/XXXX or before XXXX XXXX was put into FDIC Receivership in XXXX of XXXX. 3. The mortgage assignments indicate the loan was assigned from the FDIC to XXXX XXXX on XX/XX/XXXX. XXXX XXXX claims they were acting as Attorney-In-Fact for the FDIC. However, their right to act as Attorney-In-Fact for the FDIC expired on XX/XX/XXXX. 4. SPS claims they received servicing rights in XXXX of XXXX when the loan was still allegedly owned by XXXX XXXX. They were also the servicer of the loan when the loan was placed into the XXXX XXXX. There are two issues with this. The first being that it is against REMIC rules to place a defaulted loan into a Trust. The second issue is that it is also a violation of REMIC rules to place a loan into an XXXX XXXX more than 90 days after the closing date of a trust. 5. SPS and their attorneys, XXXX XXXX are unable or unwilling to supply a complete transaction history. A complete transaction history is needed to validate the dollar amount of the debt. In order to foreclose, a lender must be able to validate the dollar amount of the debt.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 119XX
Submitted Via: Web
Date Sent: 2019-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A