Date Received: 2019-04-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have had a very difficult time with SPS - Select Portfolio Servicing. I tried 2x 's to do a loan modification. I told by SPS the investor will not do a loan modification, its not allowed. I was then told I was approved to do a short sale. My Realtor has submitted the documents to start the process. SPS needed to do an appraisal, which was completed on XX/XX/2019. I found out the same day SPS placed a sale date of XX/XX/2019. That's in less than 30 days. SPS told me and my Realtor they would allow 60 days for marketing to sell the house. Once again, SPS lied. How can SPS be allowed to start the short sale process, and then place a sale date on me to force me into foreclosure.? Isn't that illegal in the state of California?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91730
Submitted Via: Web
Date Sent: 2019-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: As of XX/XX/XXXX my husband deceased and I was left with no household support because he was the person on the account and he was the person covering the household expenses and I was not able to take care of the Mortgage Payments due to my husband deceased and left alone with a great financial hardship and this caused me to be in deep XXXX and great stress. I decided to request help for a loan modification to Select Portfolio Servicing and as I was in reviewed it took a great long time to get my social security updated on their system it took months to correct my name and my social security number. This lender had the wrong information of my identity. I provided a notarized affidavit with my name and social security number and this caused a delay my modification review, when they finally reviewed I was offered a Repayment Plan with a amount that I was not able to afford over {$6000.00} every month and that is an outrageous amount. I will never be able to afford that kind of payment and this is why I am presently into a Foreclosure status. I have a Trustee Sale coming up on XX/XX/XXXX and I need your help to prevent for Select Portfolio Servicing to foreclose on the only roof I have. I have no where to leave they will cause me into a great burden. Please help me get this lender to provide me a better workout solution to keep my home. I am only asking for an affordable mortgage payment, I have my income plus my rental income and if necessary I can provide my daughters income but please help me save my home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90745
Submitted Via: Web
Date Sent: 2019-04-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-10
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I was a victim of a fire that destroyed my home in XXXX of 2018. Months later I am trying to buy a new home and am having a hard time because my previous mortgage company ( Select Portfolio Servicing ) reported that I had a payment 90 days late. I have proof that the forbearance plan they gave me after the fire was followed, as well as payments made for the most recent two payments prior to the date of loss in the fire. They refuse to remove the 90 day late payment even though it's not valid. There is no 30, or 60 day showing on my credit, only the 90 day. They say it's because XXXX, XXXX and XXXX payments weren't made, but the forbearance agreement stated there was no payment due for those months and the balloon payment was due in XXXX. The insurance paid off my mortgage at Select Portfolio Servicing on XX/XX/XXXX, so the loan was paid off prior to the balloon payment being due. I have called and written to the company several times along with my new mortgage lender between XXXX and XXXX. The last conversation was with my new mortgage lender and them on XX/XX/XXXX. They still refused to remove the late payment even though they can not explain why it's on my credit. I am legally XXXX and my wife and I are elderly. Not only have we been through a devastating fire and loss of our home, but now we are having an issue getting a new home because of this company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 959XX
Submitted Via: Web
Date Sent: 2019-04-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I had an impound account with XXXX XXXX. In XX/XX/2019, I was contacted by SP Servicing Company. They now have my account from XXXX XXXX. This is a SERVICE company in Utah. If I do not accept automatic withdrawals, I have to pay to pay. If you pay through the online service, there is a fee, if you pay over the phone there is a fee, if you pay through the website there is a fee. US postal is available but if it arrives late, I will be charged even larger fee. I don't want a service company. This is awful and very difficult. I have no records of anything.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94061
Submitted Via: Web
Date Sent: 2019-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My Mortgage company has not spoken with me since I filed this complaint was XX/XX/2019. I would receive a call every third day. I called in regards to this foreclosures cancellation date and the company was not aware of the the current servicer decision
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 29063
Submitted Via: Web
Date Sent: 2019-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/2019, licensed real estate agent XXXX XXXX, representing XXXX XXXX XXXX illegally trespassed on the property of my XXXX parent 's home in order to take pictures for a XXXX XXXX XXXX ( XXXX ). The XXXX was ordered by XXXX XXXX XXXX XXXX ( XXXX ), a known affiliate of Select Portfolio Servicing , INC. ( SPS ). I as the executor of the estate, which is currently in probate, was never notified nor gave authorization for XXXX XXXX or any other entity, to enter on this property. Posted signs are prominently displayed on the property and SPS has been previously put on notice regarding trespassing. I contend SPS has no legitimate claim to this property and no litigation is currently pending regarding this property. As result of XXXX XXXX 's illegal actions at the direction of XXXX and SPS, I and my siblings feel violated and threatened. SPS continues to display a disregard for the law. I am seeking a cease and desist from any further trespasses, a copy of any XXXX produced and a copy of all pictures taking of this property. I reserve the right to file a criminal police report at my discretion. SPS has been repeated told this property is NOT the property described in the purported mortgage. In addition, SPS has yet to provide a legitimate claim per XXXX XXXX XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This is a follow up to complaint XXXX. In response to my complaint against SPS ( Select Portfolio Servicing , Inc. ) they sent me a letter stating I am in default on my loan. Not only is this completely false, it is punitive and retaliatory and completely unacceptable. It appears that SPS is demanding that we pay our entire mortgage in full by XX/XX/XXXX, which is not going to happen. I am submitting my timeline with this incredibly inept loan servicer which has completely screwed up my loan from day one, along with the new threatening letter. Looking at more than 1200 complaints against this company on the CFPB site, it's pretty clear we'll be needing a lawyer.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98203
Submitted Via: Web
Date Sent: 2019-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XXXX XXXX at around XXXX, California Time, we spoke with Lender Rep in regards of EMERGENCY Loan Modification. We are respectfully love to stay in our beutiful Home, and raise our childrens and have a prosperous Mortgage Affordable monthly payments. If there is a apportunity to have a Mortgage Credit Certificate, to have prosperity in Federal Relief we highly aprreciate it. I XXXX XXXX XXXX XXXX, on around XX/XX/XXXX my mom XXXX XXXX Purchased Our new Construction home at XXXX XXXX XXXX CA. In XX/XX/XXXX my mom was diagnosed with XXXX and she past away XX/XX/XXXX.Our family went through a very difficult financial hard ship and as my mom XXXX XXXX death devastated the entire family.Funeral expenses and other. Home expense was implemented during my mom death. On around XX/XX/XXXX my dad Mr.XXXX XXXX was going through a Medical Complications and need my Care taking assistance. But the las 2 years his Health condition got worst, I would have to take time off work, call in sick so I can take my dad to his appoiment and ER. So my income was insufficient to Retain the mortgage Payments and expenses at our home XXXX XXXX XXXX CA.XXXX. Presently we have substancial income to accommondate with mortgage and home expenses. I'm respectfully requesting for Lender to modify the existing loan under {$2000.00} a month with a 30 years Fixed Loan Rate, Plus with no Pre-Payment Penalty.Please include Property tax and Home Owners Insurance in Escrow Account. Notice : My Dad Mr.XXXX XXXX is XXXX XXXX and has Pre-Existing Medical Condition. Thank you for supporting Military Veterans, as Im a U.S.XXXX Military Veteran. With honor and Respect Always. Please make communication with me XXXX XXXX by email : XXXX as I am taking care of my Dad Mr.XXXX XXXX, XXXX XXXX Medical Issues at Home. Thank you for your wonderful support.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94565
Submitted Via: Web
Date Sent: 2019-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/XXXX Select Portfolio Servicing Inc. Stated in writing that they do not accept the Tender of Payment or Conditional Offer Payment on behalf of a newly created loan modification as of XX/XX/XXXX. Whereas we have found a document that has the information concerning where to send the Conditional Payment or Tender of Payment thereto said address of Select Portfolio Servicing Inc. As well we are sending the payment through the CFPB due to the amount of games and fraud being played by said banks involved. They lied and was misleading. Both posses addresses with directions on how to mail the Conditional Payment or Tender of Payment as stated on the back of the statements of their alleged documents and i quote " Select Portfolio Servicing Inc and XXXX XXXX XXXX XXXX both accept conditional Payments under different and or hidden addresses for example XXXX Conditional Payment address is located at XXXX XXXX XXXX XXXX DELAWARE [ DE ] XXXX. If the payment is sent to a different address the payment may not be credited and or may be returned by refusing the payment and can not destroy the payment but return it to you as is. No such payments have been received from either XXXX XXXX XXXX XXXX or Select Portfolio Servicing Inc. The home owners have mailed the conditional offer and tender of payment thereto Select Portfolio and also on the behalf of SPS thereto XXXX XXXX XXXX XXXX. thru SPS but it was never returned but shows to be within their documents declined therefore the alleged debt is subject to discharge. CONDITIONAL ACCEPTANCE FOR VALUE AND COUNTER OFFER/CLAIM FOR PROOF OF CLAIM and TENDER OF PAYMENT OFFERING : Please understand that according to the terms of our agreement ( the agreement with the original lender XXXX XXXX XXXX, nor by any controller of this alleged debt be it Select Portfolio Servicing Inc. and XXXX XXXX XXXX XXXX, and others that may be hidden within ), and youre presenting us with your- Alleged loan modification newly added as of XX/XX/XXXX, ON BEHALF OF XXXX XXXX XXXX XXXX XXXX here presented the new terms, we conditionally accept your offer under the following terms and conditions. You are to provide a complete accounting, signed under penalty of perjury attesting to the amount of expenditures and cost so that I may redeem my property. You must also provide proof of claim of the following : That we are not currently under a national emergency whereby all banking business have been suspended similar to that indicated by presidential proclamation 2039? That as a result of the current emergency, book entry credit is not an acceptable form of business transaction within the borders of the United States? That you have not charged off this account and or that the account itself has never been charged off whereby an internal credit has been applied, bringing the account balance to zero, and then the creation of a new account where the previous unapplied credit remained outstanding ( in other words that there is an outstanding balance after the internal credit application )? That your attempt to seize and/or take my property is not a violation of my right to due process, right to property? And that : The Fifth Amendment does not command that property be not taken without making just compensation? That Valid contracts are not property, whether the obligor be a private individual, a municipality, a State or the United States? Select Portfolio Servicing Inc and XXXX XXXX XXXX XXXX both accept conditional Payments under different and or hidden addresses for example XXXX Conditional Payment address is located at XXXX XXXX XXXX XXXX DELAWARE [ DE ] XXXX. If the payment is sent to a different address the payment may not be credited and or may be returned by refusing the payment and can not destroy the payment but return it to you as is. No such payments have been received from either XXXX XXXX XXXX XXXX or Select Portfolio Servicing Inc. Your document states on the back of the payment coupon/Check that i can at anytime opt out of said agreement or contract for payment type and or style. I choose to do so. Your methods have proven to be misleading and corrupt by example of your Back office. Whereas you stated that this is not legal tender when in fact by new law it is legal tender, that which you request for payment is a note or debt to pay a debt and that is illegal. That the Rights against the United States and or any other party arising out of a contract with it are protected by the Fifth Amendment? United States v. XXXX XXXX XXXX XXXX, 118 US 235, 238 ; United States v. XXXX XXXX XXXX XXXX, 256 US 51, 64. That when the United States and or any other party enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals? That in XXXX v. United States, 294 US 330, 352-353 ( 1935 ) it was held that : - When the United States, with constitutional authority, makes contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such instruments. There is no difference, said the Court in United States v. XXXX XXXX XXXX, 15 Pet. 977, 392, except that the United States can not be sued without its consent. See, also, The XXXX XXXX ( XXXX v. United States ) 7 Wall. 666, 675 ; XXXX v. United States, 91 US 389, 396. In XXXX v. United States, 292 US 571, 580, with respect to an attempted abrogation by the Act of March 20, 1933 ( 48 Stat. at L. 8, 11, chap. 3, U.S.C. title 38, section 701 ) contracts of the United States, the Court quoted with approval the statement in the Sinking Fund Cases, 99 US 70, supra, and said : " Punctilious fulfillment of contractual obligations is essential to the maintenance of the credit of public as well as private debtors. No doubt there was in March, 1933, great need of economy. ( This is in direct reference to the March 9, 1933 act and presidential proclamation 2039, where a NATIONAL ECONOMIC BANKING EMERGENCY was declared, facilitating the serious emergency that Congress has stated is still extant )? In the administration of all government business economy had become urgent because of lessened revenues and the heavy obligations to be issued in the hope of relieving widespread distress. Congress was without power to reduce expenditures by abrogating contractual obligations of the United States. To abrogate contracts, in the attempt to lessen government expenditure, would be not the practice of economy, but an act of repudiation. '' And that any attempt on your part to invalidate this contract would amount to the same repudiation? That the United States treasury, as authorized under the presidential proclamation 2039, has not declared legal tender to be valueless? Backed by nothing? [ - An official website of the United States Government-Legal Tender Status - Treasury Department -- - U.S. DEPARTMENT OF THE TREASURY XXXX XXXX XXXX XXXX XX/XX/XXXX -The pertinent portion of law that applies is the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled " Legal tender, '' which states : " United States coins and currency ( including Federal reserve notes and circulating notes of Federal reserve banks and national banks ) arelegal tender ... Federal Reserve notes are not redeemable in any commodity, and receive no backing by anything This has been the case since 1933. The notes have no value for themselves. ] That The Federal Emergency Relief Act of 1933 AN ACT, was not to provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of 1933 Approved, May 12, 1933 ( Sec. 4. ( a ) )? That " The ownership of all property is not in the state? That " Under thenew law government obligations, is not backed by the credit of the nation.It does not represent a mortgage on all the homes, and other property of all the people of the nation. "? Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, March 9, 1933 on HR 1491 p. 83. That Obligations of the United States shall not be receivable for all public dues? That they shall not be redeemed at the Treasury Department of the United States or at any FederalReserve bank? 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption ( Dec. 23, 1913, ch. 6, 16 ( par. ) ,38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) You are hereby notified that I do hereby tender payment for the referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligations and must be handled in accord with the dictates of statute. I accept the obligation on and in behalf of the United States of America and hereby make assignment of the obligation [ s ] to the United States Treasury Department creating a special relationship on and in behalf of the United States of America as authorized by statute and trust law. You are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. 12 USC 411, directing an immediate credit for value to my account. As per the terms of this contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration and or associated penalties in paying the US government [ debt Instrument ] obligations for value through acceptance, pledging an assignment in full. And shall act as my redemption under statute and in equity.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93536
Submitted Via: Web
Date Sent: 2019-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-04-06
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I want the extortionists to pay {$250000.00} payoff expiring on XX/XX/2019 from {$620000.00} payments to principal
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MO
Zip: 64081
Submitted Via: Web
Date Sent: 2019-04-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A