Date Received: 2019-03-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX paid both halves of my property taxes together, rather then in halves when the money was available. In XX/XX/XXXX {$2600.00} was due for my property tax, and {$3300.00} was in my escrow acct. XXXX sent a check for {$5300.00} which paid both halves the XXXX amount and the XX/XX/XXXX half. The resulting - {$1900.00} balance in my escrow didn't stop this Escrow Department from issuing another check 13 days later for the correct amount then due {$2600.00} increasing my negative balance to - {$4100.00}. The County cashed the full payment for {$5300.00} and sent the 2nd check back. XXXX Suspended my XX/XX/XXXX payment without cause or explanation. Then applied my XXXX payment to XXXX, declared me in Default late 30 days, and began sending certified letters and billing for inspections never conducted. I spent hours on the phone with XXXX or Consumer Advocate in XXXX, and he agreed we had not missed a payment, and should not be getting default notices. The account was transferred to SPS and for reasons I can't understand, they don't see the XXXX suspended funds as having an impact. The first 2 copies of my Account History of my XXXX Account were furnished to me through SPS and were obviously doctored. They read from the bottom of the page up, and have cut + paste shadows.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92679
Submitted Via: Web
Date Sent: 2019-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-27
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX, the respondent sent me a letter inviting me to apply for loan modification. Unknowing to me at the time of the invitation, they had done an appraisal on my house it has appraised at close to XXXX XXXX of the balance of my loan. The house appraised for only {$450000.00} whereas the balance of my loan was {$860000.00}. The respondent knowing fully that XX/XX/XXXX was the last year for the XXXX program that allows homeowners whose properties are underwater to refinance and their new principal would be based on the appraised value of the property. The respondent advised me while they were walking me through online application that there is a note on my file that I should be approved for XXXX program. However, after submitting my application and prior to the deadline they gave me to submit the documents they requested they sent me a letter of approval and gave me a deadline to make my first payment. Their approval letter never indicated the terms of the loan modification. No interest rate or principal was disclosed. It was after they had received my first payment that they now disclosed to me the appraisal they had done on XX/XX/XXXX. Also it was then that they disclosed to me that my loan modification is not XXXX but a trial modification. They had baited me with an XXXX program and switched to a trial loan modification in order to locked me into the higher principal balance and prevent me from going to another lender and refinance or do a loan modification under XXXX that would considerable lower my principal balance and my interest rate and consequently lower my monthly payment. This would be the second time that Select Portfolio Servicing, Inc would deliberately prevented me from participating in a federal program that would have allowed me to lower my principal balance to conform with the appraised value of my property as mandated by the government. In XX/XX/XXXX after XXXX had informed me that they had approved me for the HARP program, they colluded with XXXX and the investor for my loan to acquire the servicing of my loan. Again in XXXX of XXXX after realizing that the value of my property has depreciated further and knowing fully that the HAFA program that would allow the principal balance on my loan to be adjusted to the market value would be ending, they baited me with a promise of an HAFA program and switched it to trial loan modification after the program has ended. Thereby denying me the opportunity to participate in a federal relief program that I was eligible to participate.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 48322
Submitted Via: Web
Date Sent: 2019-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-26
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: This Mortgage note was transferred from XXXX XXXX to Select Portfolio Servicing , inc. without consultation during the XXXX of 2018. Our attempts to find out why fees keep being added are not being answered? Also our attempts to pay down or re-negotiate the mortgage or the exorbitant interest rate are ignored.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 490XX
Submitted Via: Web
Date Sent: 2019-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-25
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: On XX/XX/18 SPS Servicing assumed our loan from XXXX XXXX XXXX. with the original loan terms still in place : Conventional 5/1 ARM, no escrow account and tied to the LIBOR. Our loan was transferred in good standing and was a simple transfer. Our loan has never been late and since transfer to XXXX XXXX, and due to their poor reputation as a debt collector, I have paid my mortgage early every month and in excess of the balance due. SPS has reported false and damaging loan terms which I was unable to fix through normal CRA disputes. In violation of the FCRA, SPS has reported our loan to all 3 Credit Bureaus with false remarks : LOAN MODIFIED NonGovt, Loan Modified and including purchase money first. When I disputed this false reporting, it was verified by SPS as accurate. My mortgage was sold by XXXX XXXX XXXX. and this loan was not a requested transfer. Furthermore, I contend that because we have nearly perfect credit scores of 820+ FICO 9, SPS Servicing reported false terms to lower our credit and attempt to retain us as a long term client by lowering our score. The reporting of Loan Modified on a credit obligation is considered a derogatory indicator by FICO Score 9 ( and within the auto and bankcard versions of FICO Score 9 ) and would trigger the negative score factor You have a serious delinquency ( 60 days past due or greater ) or derogatory indicator on your credit report. to surface. This particular narrative ( Loan Modified ) first became available in the XXXX data when FICO Score 9 was developed. Due to this false comment, SPS has negatively impacted our XXXX FICO Score 9 causing a drop of 100 points for XXXX XXXX and 69 points for XXXX XXXX. Our previous FICO 9 scores were XXXX and XXXX on XX/XX/18. Now they are XXXX and XXXX respectively. SPS FAQ specifically states : Will the terms and conditions of my mortgage change because of the transfer? This transfer does not affect any terms or conditions of your loan documents other than terms directly relating to the servicing of your loan
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 21921
Submitted Via: Web
Date Sent: 2019-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-25
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I dispute the amount owed by me to Select Portfolio Servicing on behalf of XXXX Bank XXXX XXXX XXXX for the benefit of the holders of the XXXXXXXX XXXX XXXX XXXX Mortgage Backed Notes. After several attempts to get information on this actual trust I still do not have it. Select Portfolio Servicing seems intent on foreclosing on my property rather than giving me the correct information I need to get out of this situation. There is a foreclosure date set for XX/XX/2019. As of today XX/XX/XXXX they are refusing to extend the date of the foreclosure even though there is and open dispute concerning this trust that my loan is a part of. I dispute this foreclosure date as well demanding they extend the date so that I may react time to react to the information they give me on this trust. I have interested parties in the property and can avoid a foreclosure on my record if this date is extended and I am given the correct information that I seek from Select Portfolio.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I received a letter dated XX/XX/XXXX marking erroneous dates that implied a non payment of fees on my payment history. I have therefore acquired a payment history from XXXX XXXX that I am submitting. XXXX XXXX is the carrier of all of the funds paid to then XXXX. I have also again submitted the payment history of Select Portfolio Servicing , Inc. to accurately compare to the payment history of XXXX XXXX Quick pay, the carrier of funds to Select Portfolio Servicing , Inc . All of these official documents will prove that according to the dates, Select Portfolio Servicing , Inc. has with intentional neglect placed me in an erroneous delinquent status and has purposely acted on this erroneous status. What the attached documents prove, as submitted, that I have not missed one payment with Select Portfolio Servicing , Inc. and have paid all requested funds of payment, even going into the transfer of my account to said agency. So why does Select Portfolio Servicing , Inc. show my account with them delinquent over 3 months? In summary : XXXX XXXX ( to XXXX ) XX/XX/XXXX {$950.00} XX/XX/XXXX {$1000.00} XX/XX/XXXX {$1000.00} XX/XX/XXXX {$1000.00} XX/XX/XXXX {$920.00} XX/XX/XXXX {$940.00} XX/XX/XXXX payment ... ... ... ... XXXX XX/XX/XXXX {$950.00} XX/XX/XXXX - {$1000.00} XX/XX/XXXX - {$1000.00} XX/XX/XXXX - {$1000.00} XX/XX/XXXX - {$920.00} ... ... ... ... XXXX XXXX Quick Collect ( to Select Portfolio Servicing , Inc. ) XX/XX/XXXX - {$630.00} ( {$280.00} left in unapplied funds were transferred ) All documents are legal entities. I therefore request that my account be cleared of any and all delinquent status and updated to reflect a current status. I have not missed any payments with Select Portfolio Servicing , Inc. even at the transfer of my account to your agency. Please email and mail correct document to me at the following addresses : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX XXXX Sincerely, XXXX XXXX XXXX/XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: ... ... select portfolio refuses to do a loan modification with me. i have a XXXX child and want to stay in my house. i am a XXXX year old widowed mother. i called them and told them this. this is what they do. they offer me a one year balloon payment and offer me double my regular mortgage payments. What is this company? Bookies? how in XXXX ' name can i do this? they refuse to extend my mortgage to 40 years. because their investors dont want to when every other bank out there will do that. i submit loan mods for a living. i am heartbroken and suffered from the crisis of XX/XX/XXXX in the financial industry. and have a child who was XXXX to XXXX and i had no health insurance and had to pay out of pocket to help her. i have a good job now and want to pay and live in my home. they just want to kick me to the street and i will have to live in my car.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11710
Submitted Via: Web
Date Sent: 2019-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX Certified Mail : XXXX XXXX XXXX XXXX XXXX To : SELECT PORTFOLIO SERVICING INC ( SPS ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX cc : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Re. : SPS account # XXXX Forclosure cas # XXXX Mortgage MIN # XXXX Property Address : XXXX XXXX XXXX XXXX, XXXX Fl XXXX POOLING AGREEMENT XXXX XXXX XXXX., XXXX NOTICE OF VERIFICATION DEBT This Notice of Verification is given for the following reason, the undersigned have been victim of SELECT PORTFOLIO SERVICING INC ( SPS ) fraudulent and poor and malicious accountings statements. I found serious activities of FRAUD from your legal representative XXXX XXXX XXXX. The account statements in support of you Frivolous and Wrong Complaint of Foreclosure, on behalf the fake trust XXXX XXXX XXXX XXXX XXXX is unacceptable. SPS and XXXX XXXX XXXX have submitted misleading and non accurate informations and purported documentations as Mortgage Note. We request you to correct, fix all errors in your financial statements and the later XXXX XXXX XXXX XXXX statement. 1. The Fraudulent statement from XXXX XXXX XXXX dated XX/XX/XXXX falsely claiming {$340000.00}. Previously Default letter of {$400000.00} was objected and XXXX XXXX XXXX failed to validate. Exhibit 1. 2. Select Portfolio Servicing Default letter XX/XX/XXXX {$110000.00}. This false Default letter was disputed, and you failed to verified it at time. Exhibit 2 3. But in violation of 15 U.S. Code 1692g ( c ) SELECT PORTFOLIO SERVICING has used the portion for Disputed Debts in court, in support of a Motion for Summary Judgment ( see Foreclosure Exhibit J foreclosure case # XXXX Docket # XXXX ). The debt collector shall cease collection of the debt, or any disputed portion. Also, stop any legal action with those fraudulent information. 4. Court records shows that SPS falsely stated that homeowner owed by XX/XX/XXXX is {$260.00}, XXXX, but when you checking the support exhibit dated XX/XX/XXXX, the amount is totally different {$330.00}, XXXX. SPS account is deceptive and misleading ( FRAUDULENT ). Exhibit 3 5. On XX/XX/XXXX You statement acknowledge a homeowner payment of a total of {$95000.00}. This payment is not reflected in those fraudulent statement and false letter of Default Letter. SPS and its representatives, XXXX XXXX and XXXX XXXX, as Document Control Officers has committed perjury on your behalf submitting false evidences and conclusive statements under Oath to court in the Foreclosure Complaint, Amend Complaint and Motion in support Final Judgment ( FRAUD ON THE COURT ) In conformance to my rights under the Fair Debt Collection Practices Act ( FDCPA ), I am requesting you to provide me with a validation of the debt that you has been falsely claiming. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. ( 15 USC 1692g Sec. 809 ( b ) ) I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you. Please provide homeowner with the following : 1. Real name of the owner of the Account, record show that XXXX XXXX has never been owner of the Account as Trust. There is serious inconsistencies XXXX XXXX XXXX MIN # XXXX has never being part of Pooling Agreement XXXX XXXX XXXX. HOME EQUITY LOAN TRUST, SERIES XXXX, XXXX XXXX PASS-THROUGH CERTIFICATES. ( See limited Power of Attorney dated XX/XX/XXXX ) Exhibit A 2. Date that the supposed Trust acquired the Mortgage loan MIN # XXXX 3. Disclose Pooling Agreement information ; Pool ID or Security XXXX # 4. Disclose XXXX SERIES # 5. Copy of all Alloges and Pooling transfers in connection with your claim of Ownership of the Mortgage Note. 6. The agreement bearing my signature stating that I have agreed to assume the debt 7. Valid copies of the debt agreement stating the amount of the debt and interest charges 8. Complete payment history on this account along with an accounting of all additional charges being assessed/ complete history payment from all Debt collectors used in the past 10 years 9. Default date of Mortgage 10. Proof that the Statute of Limitations has not expired 11. Evidence that you has not breach of the XXXX XXXX Mortgage agreement. If your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased. Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX XXXX Email : XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2019-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-23
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: My husband was injured in an accident in XXXX that required multiple surgeries to repair and 2 years of infections and treatments related to the injury. This resulted in his inability to work for about 4 months without pay. In XXXX of XXXX we were unable to make the house payment because he was out of work. I continued, again, however to make that payment every month after the I missed the XX/XX/XXXX payment. I was aware that was still 30 days late and on most months, XXXX XXXX XXXX did not mark my credit report as late. However, for the next two years, as we struggled to get my husband healed and get back on our feet from the loss of income, I continued every month to make my house payment without fail. XXXX XXXX XXXX recorded 6 months of late payments as a result of that one missed payment until I was finally able to bring the account current in XXXX of XXXX. The account is current and I have signed up for Automatic payments though the SPS website. When I disputed with the creditor, they were unwilling to help. I pointed out that I had faithfully made the payments and that I had even done so by scheduling in advance through their online tool. They were unwilling to assist in any way regardless of my restitution. I don't believe it is ethical or in the best interest of the consumer to continue to penalize a person for 1 late payment, three years after the single payment was missed. It is damaging my credit report and renders my ability to refinance or purchase a new home impossible. No mortgage lender will lend to me as a result of 1 missed payment 3 years ago for which I have made restitution. I am therefore chained to this mortgage at an unfair rate of XXXX XXXX for an additional year to the sole benefit of SPS.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MO
Zip: 650XX
Submitted Via: Web
Date Sent: 2019-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: LOAN # XXXX BORROWER : XXXX XXXX PROPERTY ADDRESS : XXXX XXXX XXXX XXXX XXXX, WA # XXXX XXXX ID FOR COMPLAINT SENT TO SELECT PORTFOLIO SERVICING , INC . XXXX ** We are trying to negotiate a short sale on the above referenced property I was advised the investor is countering the offer that is currently price at $ XXXXto increase to {$160000.00}. I am disputing this and feel the dispute is warranted because the BPO that SPS currently has on file values the property at {$140000.00}. Which is in line with our current offer is and should be approved since the offer on the short sale is fair market value. The investors expecting to receive above fair market value according to their counter is unethical and no up to distressed homeowner protection laws. The offer of {$140000.00} that you have currently on file represents fair market value and is the buyer 's highest and best. I asked that the short sale be approved with no change of increasing the price. Regarding the response to COMPLAINT IDXXXX The response only reiterates the problem and doesn't offer a solution. The investor is countering the buyer to increase to {$160000.00} so that they do not have to take a loss at all. The counter of {$160000.00} is the amount of the loan which originated in XXXX the height of the price inflation and mortgage fraud. We have a valid hardship for a short sale, and offer inline with fair market value even according to SPS BPO and the investor should not deny the short sale by refusing to take an amount less than full. This will cause a foreclosure and the foreclosure will not result in a better interest to the investor than this short sale option and our current offer. PURSUANT TO 30 Sec. 15. RCW 82.45.030 and 1993 sp.s. c 25 s 503 are each amended 31 to read as follows : 32 ( 1 ) As used in this chapter, the term " selling price '' means the 33 true and fair value of the property conveyed. If property has been 34 conveyed in an arm 's length transaction between unrelated persons for 35 a valuable consideration, a rebuttable presumption exists that the p. 25 2SHB 1362.SL 1 selling price is equal to the total consideration paid or contracted to 2 be paid to the transferor, or to another for the transferor 's benefit. 3 ( 2 ) If the sale is a transfer of a controlling interest in an 4 entity with an interest in real property located in this state, the 5 selling price shall be the true and fair value of the real property 6 owned by the entity and located in this state. If the true and fair 7 value of the real property located in this state can not reasonably be 8 determined, the selling price shall be determined according to 9 subsection ( 4 ) of this section. 10 ( 3 ) As used in this section, " total consideration paid or 11 contracted to be paid '' includes money or anything of value, paid or 12 delivered or contracted to be paid or delivered in return for the sale, 13 and shall include the amount of any lien, mortgage, contract 14 indebtedness, or other incumbrance, either given to secure the purchase 15 price, or any part thereof, or remaining unpaid on such property at the 16 time of sale. 17 Total consideration shall not include the amount of any outstanding 18 lien or incumbrance in favor of the United States, the state, or a 19 municipal corporation for taxes, special benefits, or improvements. 20 When a transfer or conveyance is made by deed in lieu of 21 foreclosure to satisfy a deed of trust, total consideration shall not 22 include the amount of any relocation assistance provided to the 23 transferor. 24 ( 4 ) If the total consideration for the sale can not be ascertained 25 or the true and fair value of the property to be valued at the time of 26 the sale can not reasonably be determined, the market value assessment 27 for the property maintained on the county property tax rolls at the 28 time of the sale shall be used as the selling price
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-03-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A