Date Received: 2019-02-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Several modification requests have been faxed with financials to Select Port Folio, Inc the servicer of my loan. XX/XX/XXXX. I was informed by the Relationship Manager XXXX XXXX XXXX. XXXXect Port Folio was no longer reviewing the loan for a modification assumption. Select Port Folio has been difficult to work with and unwilling to assist me with keeping the property. There is a pending property foreclosure for XX/XX/XXXX. XXXX stated the sale date would not be postponed because a mortgage modification has been mailed to me, I have not received those papers. The interest rate or terms of the mortgage isnt fixed. It is a balloon mortgage ; interest rate is adjusting out. He also told me the modification request was no longer being processed. We do not want to lose our home to a property foreclosure sale. Please post pone the pending property foreclosure pending this request being processed. I dont want to lose my home
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MS
Zip: 38637
Submitted Via: Web
Date Sent: 2019-02-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan was transferred for servicing and one payment was put in the back end of my loan. Then my payment increased in the amount escrow shortage per Sps rep {$1300.00} which I know is the payment was promise in writing to be put on the back of my loan. The payment increase from {$870.00} {$910.00} then {$970.00}. I informed SPS XXXX2019 of the trigger I can not afford to pay and dont want to loose my property and need to make my mortgage payment without a late fee effective XXXX2019 I was told the increase was for taxes and insurance. I know my insurance has not increase and my taxes may have increase. But that adjustment was done the prior month of why my mtg payment increase after the transfer of servicing rights.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60617
Submitted Via: Web
Date Sent: 2019-02-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: According To XXXX XXXX XXXX XXXX XXXX XXXX Is The Original Note Holder But The Public Record And The Chain Of Title Do Not Show That. I Need The CFPB To Demand A Response From XXXX XXXX And Report This Case To The OCC And The F.B.I Field Office In XXXX FL.For Criminal indictments Do To The Fraudulent Activity In My Case.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-02-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Please see the attached letter. I have been attempting to get information on MIP from Select Portfolio Servicing since XXXX XXXX. After two months of an " escalated '' issue, they finally opened a " dispute. '' The US Treasury has already taken my Federal Tax Return, and they're getting ready to garnish my wages. I needed the information two months ago, and I am getting the run around from Select Portfolio Servicing to get the required documentation to have prevented collection action from HUD. I have never disputed that there was an {$8000.00} " silent second '' mortgage that I would need to pay if I ever refinanced or purchased a new home. My dispute is that it is DUE NOW?? After receiving a demand letter from HUD, I hired an attorney. It was determined that it was related to the MIP insurance on my " silent second '' mortgage. I contacted HUD, and they just said to contact my lender, that they couldn't do anything to help me. My lender was supposedly waiting to hear back from FHA to add the insurance back on, per HUD. Then the government shutdown. They are still allegedly " waiting to hear back from FHA '' even now. After inquiring on whether I had met the requirements to drop MIP insurance in XX/XX/XXXX, Select Portfolio Servicing allowed me to do so in XX/XX/XXXX. I had met the requirements of being eligible to drop the {$86.00} per month premium I had paid for 6 years. I had paid down the mortgage on my home to 78 %. It was my understanding that SPS had requested and received approval by HUD and/or FHA to cancel the insurance. I have requested a copy of the document where HUD or FHA made this approval. I need a copy of my " servicing file '' and they said it needed to be in writing. I e-mailed them on XX/XX/XXXX. Today, she said it had to be MAILED!?!?!?!? WHO APPROVED MY INQUIRY AS TO WHETHER OR NOT I MET ALL THE REQUIREMENTS TO HAVE IT REMOVED?!?!?!?!? This is a time sensitive situation. I DO NOT HAVE TIME FOR THIS! Because they have drug their feet for two and a half months, my wages are about to be garnished. The resolution would be them sending an immediate digital file TODAY!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NE
Zip: 685XX
Submitted Via: Web
Date Sent: 2019-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Twice I have attempted to make my payment online with SPServicing and twice it has failed due to an incorrect account number. When it happened the first time, I assumed I typed the account number incorrectly, but when it happened a second time I suspect an error in their system not my typing. I called customer service and spoke to XXXX XXXX at extension XXXX and explained that their must have been an error in processing the payment and could I please make the payment over the phone. He informed me that because this had happened twice in 6 months, they would only accept certified funds. He refused to take my payment over the phone and informed me that if I mailed a check it would be returned if it wasn't certified funds. Just to be clear, neither payment was returned for insufficient funds but rather an incorrect account number, and the account has never been in default. I have read my mortgage Note and do not see anywhere that requires me to send certified funds if a payment isn't processed due to an incorrect account number. The payment is not delinquent and the account is not in default. Please clarify if SPSerficing is allowed to refuse my payment and require certified funds when the account is not in default or past due. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: HI
Zip: 967XX
Submitted Via: Web
Date Sent: 2019-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We have asked for your company select portfolio servicing inc to investigate these matters and your company gives us incomplete investigation information. Under our homeowner bill of rights we have the right to ask for this information and you keep giving us incomplete information we demand to get complete information. I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days. Please treat this letter as a " qualified written request '' under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ). I am writing to you to complain about the accounting and servicing of my mortgage and my need for understanding and clarification of various charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of my loan from its origination to the present date. To date, the documents and information I have, that you have sent me, and the conversations with your service representatives can not answer my many questions. It is my understanding that your company has been accused as engaging in one or more predatory lending and servicing schemes. As a citizen, I am extremely concerned about such practices by anyone, let alone my own mortgage company or anyone who has held a beneficial interest in my QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 2 of 8 loan. I am concerned that such abuses are targeting the uneducated and uninformed consumer and disadvantaged, poor, elderly and minorities. Needless to say, I am more concerned as an alleged borrower. I am worried that potential fraudulent and deceptive practices by unscrupulous mortgage brokers ; sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance balance sheets ; deceptive, abusive and fraudulent accounting tricks and practices may have negatively affected my credit rating, mortgage account and/or the debt or payments to which I am legally obligated. Because of this and other reasons that leave me to believe that I may be a victim of predatory lending, I am disputing the validity of the current debt you claim I owe. By debt I am referring to : 1. The principal balance claimed owed ; 2. My calculated monthly payment, 3. Calculated escrow payment 4. And any fees claimed to be owed by you or any trust or entity you may represent. I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income may have been inflated on the application. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. It is also my belief that certain documents may have not been presented at all. Additionally, I believe that a notary was not physically present to witness my signatures on several pertinent documents and that I was ill advised at the time of closing. To independently validate my debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date. Upon receipt of this letter, please refrain from reporting ANY negative credit information [ if any ] to any credit-reporting agency until you respond to each of my requests. QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 3 of 8 I also request that you kindly conduct your own investigation and audit of my account since its inception to validate the debt you currently claim I owe. I would like you to validate this debt so that it is accurate to the penny! Please do not rely on previous or current servicers or originators records, assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account. I understand that potential abuses by you or a previous servicer could have deceptively, wrongfully, unlawfully and/or illegally : 1. Increased the amounts of my monthly payments 2. Increased the principal balance I owe ; 3. Increased my escrow payments ; 4. Increased the amounts applied and attributed toward interest on my account ; 5. Decreased the proper amounts applied and attributed toward principal on my account ; and/or 6. Assessed, charged and/or collected fees, expenses and misc. charges I am not legally obligated to pay under my mortgage, note and/or deed of trust. 7. I am thinking about contracting the Home Owners Foreclosure Hotline and/or one of their affiliates to perform a forensic document review of your investigation and audit of my account. To help me decide if I am going to move forward with a third party auditing company, I need : ( 1 ) copies of all documents pertaining to the origination of the alleged mortgage and note including my loan application ( s ), Right to cancel, deed of trust, note, adjustable rate note, addendum to the note for the interest only payment period, truth in lending statements, good faith estimate ( GFE ), HUD 1, appraisal, and all required disclosures and rate sheets QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 4 of 8 associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety. ( 2 ) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the ENTIRE life of the loan. I want to insure that I have not been the victim of such predatory practices. To insure this, I will be authorizing a thorough review, examination, accounting and audit of my mortgage LOAN # XXXX by a team of mortgage auditors predatory lending experts, consumer advocates, local non-profit agencies, compliance consultants and if needed LEGAL ADVOCATES. This exam and audit will review my mortgage loan file from the date of my initial contact, application and the origination of my loan to the present date written above. As such, please treat this letter as a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 2605 ( e ) ( 1 ) ( B ) ( e ) and Reg. X 3500.21 ( f ) 2 of the United States Code as well as a request under Truth In Lending Act [ TILA ] 15 U.S.C. 1601, et seq. RESPA provides substantial penalties and fines for non-compliance or failure to answer my questions provided in this letter within sixty ( 60 ) days of its receipt! In order to conduct the examination and audit of my loan, I need to have full and immediate disclosure including copies of all pertinent information regarding my loan. The documents requested and answers to my questions are needed by myself and my experts to insure that my loan : 1. Was originated in lawful compliance with all federal and state laws and regulations including, but not limited to RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws ; 2. That any sale or transfer of my loan was conducted in accordance with proper laws and was a true sale of my note ; QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 5 of 8 3. That the claimed holder in due course of my promissory note and/or deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments ; 4. That all appropriate disclosures of terms, costs, commissions, rebates, kickbacks, fees etc. were properly disclosed to me at the inception of my loan ; 5. That each servicer and/or sub-servicer of my mortgage has serviced my mortgage in accordance with the terms of my mortgage, promissory note and/or deed of trust ; 6. That each servicer and sub-servicer of my mortgage has serviced my mortgage in compliance with local, state and federal statutes, laws and regulations ; 7. That my mortgage loan has properly been credited, debited, adjusted, amortized and charged correctly ; 8. That interest and principal have been properly calculated and applied to my loan ; 9. That my principal balance has been properly calculated, amortized and accounted for ; 10. That no charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from my account ; As such, please send to me, at my address above, copies of the documents requested below as soon as possible. Please provide me copies of : 1. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to XXXX or XXXX XXXX system, or any other similar mortgage servicing software used by you, any servicers, or subservicer of my mortgage account from the inception of my loan to the date written above. 2. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review my mortgage account may properly conduct their work. 3. All assignments, transfers, allonges, or other document evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other document that secures QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 6 of 8 payment by me to my obligation in this account from the inception of my loan to the present date including any such assignments on MERS. 4. All records, electronic or otherwise, of assignments of my mortgage, promissory note or servicing rights to my mortgage including any such assignments on MERS. 5. All deeds in lieu, modifications to my mortgage, promissory note or deed of trust from the inception of my loan to the present date. 6. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicer of my account for payment of any monthly payment, other payment, escrow charge, fee or expense on my account. 7. All escrow analyses conducted on my account from the inception of my loan until the date of this letter. 8. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on my disclosure statement including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. 9. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on my account. 10. All letters, statements and documents sent to me by your company. 11. All letters, statements and documents sent to me by agents, attorneys or representatives of your company. 12. All letters, statements and documents sent to me by previous servicers, sub-servicers or others in your loan file or in your control or possession or in the control or possession of any affiliate, parent company, agent, sub-servicer, servicer, attorney or other representative of your company. 13. All letters, statements and documents contained in my loan file or imaged by you, any servicer or sub-servicers of my mortgage from the inception of my loan to present date. 14. All electronic transfers, assignments, sales of my note, mortgage, deed of trust or other security instrument. QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 7 of 8 15. All copies of property inspection reports, appraisals, BPOs and reports done on my property. 16. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to my mortgage account from the inception of my loan to the present date. 17. All checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date. 18. All agreements, contracts and understandings with vendors that have been paid for any charge on my account from the inception of my loan to the present date. 19. All loan servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, loan histories, accounting records, ledgers, and documents that relate to the accounting of my loan from the inception of my loan until present date. 20. All loan servicing transaction records, ledgers, registers and similar items detailing how my loan has been serviced from the from the inception of my loan until present date. Please provide me, with the documents I have requested and a detailed answer to each of my questions within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to a further document request and answers to questions under an additional QWR letter. Copies of this Qualified Written Request, Validation of Debt, TILA and request for accounting and legal records, Dispute of Debt letter will be sent to FTC, HUD, ALL RELEVANT STATE AND FEDERAL REGULATORS ; CONSUMER ADVOCATES ; AND MY CONGRESSMAN if any further evasive actions are detected or this matter is not settled. It is my hope that you can answer my questions, document and validate my debt to the penny and correct any abuses or schemes uncovered and documented. I would like to have validation that the QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 8 of 8 foreclosure process has been put on hold or will be extended until all of my request have been satisfied. Please provide for me an answer at the same time that you acknowledge my request within 20 business days. Sincerely, Address XXXX XXXX XXXX XXXX XXXX Ca, XXXX # Account XXXX XXXX XXXX ... ..date XXXX ... ... ... ... ... ... ... ... .... Signed by Home owner XXXX XXXX AM* CC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX Federal Trade Commission XXXX XXXX XXXX XXXX XXXX Washington, DC. XXXX Government & Industry Relations XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, DC XXXX Office of RESPA and Interstate Land Sales Office of Housing, Room XXXX XXXX Department of Housing and Urban Development XXXX XXXX XXXX, XXXX XXXX XXXX To : XXXX, XXXX Cc : XXXX XXXX XX/XX/XXXX at XXXX XXXX We have asked for your company select portfolio XXXX XXXX XXXX XXXX these matters and your company gives us incomplete investigation information. Under our homeowner bill of rights we have the right to ask for this information and you keep giving us incomplete information we demand to get complete information. I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days. Please treat this letter as a " qualified written request '' under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ). I am writing to you to complain about the accounting and servicing of my mortgage and my need for understanding and clarification of various charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of my loan from its origination to the present date. To date, the documents and information I have, that you have sent me, and the conversations with your service representatives can not answer my many questions. It is my understanding that your company has been accused as engaging in one or more predatory lending and servicing schemes. As a citizen, I am extremely concerned about such practices by anyone, let alone my own mortgage company or anyone who has held a beneficial interest in my QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 2 of 8 loan. I am concerned that such abuses are targeting the uneducated and uninformed consumer and disadvantaged, poor, elderly and minorities. Needless to say, I am more concerned as an alleged borrower. I am worried that potential fraudulent and deceptive practices by unscrupulous mortgage brokers ; sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance balance sheets ; deceptive, abusive and fraudulent accounting tricks and practices may have negatively affected my credit rating, mortgage account and/or the debt or payments to which I am legally obligated. Because of this and other reasons that leave me to believe that I may be a victim of predatory lending, I am disputing the validity of the current debt you claim I owe. By debt I am referring to : 1. The principal balance claimed owed ; 2. My calculated monthly payment, 3. Calculated escrow payment 4. And any fees claimed to be owed by you or any trust or entity you may represent. I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income may have been inflated on the application. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. It is also my belief that certain documents may have not been presented at all. Additionally, I believe that a notary was not physically present to witness my signatures on several pertinent documents and that I was ill advised at the time of closing. To independently validate my debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date. Upon receipt of this letter, please refrain from reporting ANY negative credit information [ if any ] to any credit-reporting agency until you respond to each of my requests. QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 3 of 8 I also request that you kindly conduct your own investigation and audit of my account since its inception to validate the debt you currently claim I owe. I would like you to validate this debt so that it is accurate to the penny! Please do not rely on previous or current servicers or originators records, assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account. I understand that potential abuses by you or a previous servicer could have deceptively, wrongfully, unlawfully and/or illegally : 1. Increased the amounts of my monthly payments 2. Increased the principal balance I owe ; 3. Increased my escrow payments ; 4. Increased the amounts applied and attributed toward interest on my account ; 5. Decreased the proper amounts applied and attributed toward principal on my account ; and/or 6. Assessed, charged and/or collected fees, expenses and misc. charges I am not legally obligated to pay under my mortgage, note and/or deed of trust. 7. I am thinking about contracting the Home Owners Foreclosure Hotline and/or one of their affiliates to perform a forensic document review of your investigation and audit of my account. To help me decide if I am going to move forward with a third party auditing company, I need : ( 1 ) copies of all documents pertaining to the origination of the alleged mortgage and note including my loan application ( s ), Right to cancel, deed of trust, note, adjustable rate note, addendum to the note for the interest only payment period, truth in lending statements, good faith estimate ( GFE ), HUD 1, appraisal, and all required disclosures and rate sheets QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 4 of 8 associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety. ( 2 ) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the ENTIRE life of the loan. I want to insure that I have not been the victim of such predatory practices. To insure this, I will be authorizing a thorough review, examination, accounting and audit of my mortgage LOAN # XXXX by a team of mortgage auditors predatory lending experts, consumer advocates, local non-profit agencies, compliance consultants and if needed LEGAL ADVOCATES. This exam and audit will review my mortgage loan file from the date of my initial contact, application and the origination of my loan to the present date written above. As such, please treat this letter as a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 2605 ( e ) ( 1 ) ( B ) ( e ) and Reg. X 3500.21 ( f ) 2 of the United States Code as well as a request under Truth In Lending Act [ TILA ] 15 U.S.C. 1601, et seq. RESPA provides substantial penalties and fines for non-compliance or failure to answer my questions provided in this letter within sixty ( 60 ) days of its receipt! In order to conduct the examination and audit of my loan, I need to have full and immediate disclosure including copies of all pertinent information regarding my loan. The documents requested and answers to my questions are needed by myself and my experts to insure that my loan : 1. Was originated in lawful compliance with all federal and state laws and regulations including, but not limited to RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws ; 2. That any sale or transfer of my loan was conducted in accordance with proper laws and was a true sale of my note ; QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 5 of 8 3. That the claimed holder in due course of my promissory note and/or deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments ; 4. That all appropriate disclosures of terms, costs, commissions, rebates, kickbacks, fees etc. were properly disclosed to me at the inception of my loan ; 5. That each servicer and/or sub-servicer of my mortgage has serviced my mortgage in accordance with the terms of my mortgage, promissory note and/or deed of trust ; 6. That each servicer and sub-servicer of my mortgage has serviced my mortgage in compliance with local, state and federal statutes, laws and regulations ; 7. That my mortgage loan has properly been credited, debited, adjusted, amortized and charged correctly ; 8. That interest and principal have been properly calculated and applied to my loan ; 9. That my principal balance has been properly calculated, amortized and accounted for ; 10. That no charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from my account ; As such, please send to me, at my address above, copies of the documents requested below as soon as possible. Please provide me copies of : 1. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to XXXX or XXXX XXXX system, or any other similar mortgage servicing software used by you, any servicers, or subservicer of my mortgage account from the inception of my loan to the date written above. 2. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review my mortgage account may properly conduct their work. 3. All assignments, transfers, allonges, or other document evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other document that secures QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 6 of 8 payment by me to my obligation in this account from the inception of my loan to the present date including any such assignments on MERS. 4. All records, electronic or otherwise, of assignments of my mortgage, promissory note or servicing rights to my mortgage including any such assignments on MERS. 5. All deeds in lieu, modifications to my mortgage, promissory note or deed of trust from the inception of my loan to the present date. 6. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicer of my account for payment of any monthly payment, other payment, escrow charge, fee or expense on my account. 7. All escrow analyses conducted on my account from the inception of my loan until the date of this letter. 8. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on my disclosure statement including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. 9. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on my account. 10. All letters, statements and documents sent to me by your company. 11. All letters, statements and documents sent to me by agents, attorneys or representatives of your company. 12. All letters, statements and documents sent to me by previous servicers, sub-servicers or others in your loan file or in your control or possession or in the control or possession of any affiliate, parent company, agent, sub-servicer, servicer, attorney or other representative of your company. 13. All letters, statements and documents contained in my loan file or imaged by you, any servicer or sub-servicers of my mortgage from the inception of my loan to present date. 14. All electronic transfers, assignments, sales of my note, mortgage, deed of trust or other security instrument. QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 7 of 8 15. All copies of property inspection reports, appraisals, BPOs and reports done on my property. 16. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to my mortgage account from the inception of my loan to the present date. 17. All checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date. 18. All agreements, contracts and understandings with vendors that have been paid for any charge on my account from the inception of my loan to the present date. 19. All loan servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, loan histories, accounting records, ledgers, and documents that relate to the accounting of my loan from the inception of my loan until present date. 20. All loan servicing transaction records, ledgers, registers and similar items detailing how my loan has been serviced from the from the inception of my loan until present date. Please provide me, with the documents I have requested and a detailed answer to each of my questions within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to a further document request and answers to questions under an additional QWR letter. Copies of this Qualified Written Request, Validation of Debt, TILA and request for accounting and legal records, Dispute of Debt letter will be sent to FTC, HUD, ALL RELEVANT STATE AND FEDERAL REGULATORS ; CONSUMER ADVOCATES ; AND MY CONGRESSMAN if any further evasive actions are detected or this matter is not settled. It is my hope that you can answer my questions, document and validate my debt to the penny and correct any abuses or schemes uncovered and documented. I would like to have validation that the QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 8 of 8 foreclosure process has been put on hold or will be extended until all of my request have been satisfied. Please provide for me an answer at the same time that you acknowledge my request within 20 business days. Sincerely, Address XXXX XXXX XXXX XXXX XXXX Ca, XXXX # Account XXXX XXXX XXXX ... ..date XXXX ... ... ... ... ... ... ... ... .... Signed by Home owner XXXX XXXX XXXX* CC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: WE ARE GOING TO START A INVESTIGATION ON OUR TOXIC MORTGAGE WE HAVE WITH SELECT PORTFOLIO SERVICING INC. UNDER OUR HOMEOWNER BILL OF RIGHTS YOU NEED TO INVESTIGATE THESE VIOLATIONS ON OUR MORTGAGE. WHEN YOU COMPLETE YOUR INVESTIGATION ON OUR REQUEST MAIL YOUR COMPLETED INVESTIGATION VIA UNITED STATES POSTAL SERVICE TO OUR HOME ADDRESS XXXX XXXX XXXX XXXX XXXX CA XXXX 1. VIOLATION OF CALIFORNIA CIVIL CODE 2923.6 ( A ) 2. VIOLATION OF CALIFORNIA CIVIL CODE 2923.55 3. VIOLATION OF CALIFORNIA CIVIL CODE 2923.7 4.VIOLATION OF CALIFORNIA CIVIL CODE 2924.9 5. VIOLATION OF CALIFORNIA CIVIL CODE 2924.10. 6. VIOLATION OF CALIFORNIA CIVIL CODE 2923.17 7. VIOLATION OF CALIFORNIA CIVIL CODE 2924.18 8. VIOLATION OF CALIFORNIA CIVIL CODE 2923.6 ( C ) 9. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING 10. VIOLATION OF THE UNFAIR COMPETITION ACT CALIFORNIA BUSINESS & PROFESSIONS CODE 17200, ET SEO 11. NEGLIGENCE XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX *XX/XX/2019 XXXX XXXX * ACCOUNT XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: To date I have formally requested both verbally and in writing to Select Portfolio Servicing INC that the XX/XX/2019 sale date be cancelled, as having a sale date while property is in ACTIVE MODIFICATION process and in in DISPUTE STATUS violates DUAL TRACKING LAWS set forth by the Consumer Financial Protection Bureau. After 12 written confirmations and verifications that SPS has received, there has been no action taken that will constitute SPS is abiding by C.F.P.B. Dual Tracking Laws. I am asking that the C.F.P.B. review and investigate SPS and XXXX XXXX XXXX ( Trustee ), for this complete disregard for an abuse of the Federal and State Laws. The following is a timeline of written requests to postpone XX/XX/2019 sale date : XX/XX/2019, XX/XX/XXXX, XX/XX/1919, XX/XX/1919, XX/XX/1919, XXXX XXXX19, XXXX XXXX,19 XXXX XXXX, 19, XXXX XXXX,19, XXXX,19, XXXX XXXX,19, XXXX XXXX, 19. The following dates for verbal requests to postpone sale date : XXXX, 19- SPS Rep XXXX XXXX- I verbally requested to cancel sale date of XXXX, 19 and stop dual tracking violations while in review, active modification and in dispute status. XXXX, 19-SPS Rep XXXX XXXX I requested sale date postponement in regard to dual tracking violations. I was told that I had been given a repayment plan but I had not received it yet in the mail. By law I should be given time to receive SPS repayment plan and respond. In good faith, there should not be a sale date while this decision is being made. XXXX XXXX,19-SPS Rep. XXXX XXXX- I received the repayment plan with SPS enormous payments of {$5300.00} with monthly payments for 12 months and a balloon payment of {$320000.00} due. My original payment I defaulted on in the first place was {$1500.00}. I was told that if I did not accept the repayment plan that I would lose the property. I was also told that the file was in dispute status, which I am still waiting for an answer to and again requested the XXXX. XXXX, 19 sale date to be cancelled as per dual tracking violations. SPS has shown no accountability for their repeated violations of dual tracking while in dispute status and active modification and not allowing me adequate time to review disputes. I appreciate all of your efforts ...
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-02-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-20
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX Certified Mail : XXXX XXXX XXXX XXXX XXXX To : XXXX XXXX Chief Executive Officer and President of Select Portfolio Servicing SELECT PORTFOLIO SERVICING XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Utah XXXX Cc : XXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : SPS XXXX XXXX XXXX XXXX XXXX # XXXX XXXX XXXX MIN # MIN XXXX Property : XXXX XXXX XXXX XXXX, XXXX Fl XXXX DISPUTE LETTER I am writing you to dispute the following information found in my mortgage. Since XXXX XXXX XXXX was the servicing Bank of my loan, mi mortgage with XXXX XXXX XXXX XXXX, was erroneously assigned to a Pooling and Servicing Agreement that have never been part of XXXX XXXX XXXX XXXX assets, according XXXX XXXX XXXX XXXX XXXX XXXX XXXX : 1. On XXXX XXXX XXXX XXXX erroneously assigned XXXXXXXX XXXX MIN # XXXX. Mortgage was executed on XX/XX/XXXX by XXXX XXXX and XXXX XXXX XXXX XXXX, the assigned erroneously to XXXX XXXX XXXX Home Equity, Series XXXX by servicing bank, XXXX XXXX XXXX . On XXXX the servicing was transferred to SPS. I am therefore requesting that SELECT PORTFOLIO SERVCING open an investigation regarding this matter and correct, update my mortgage information, as quickly as possible and stop any WRONG FORECLOSURE # XXXX active, under such false information. Enclosed you will also find copies of XXXX XXXX MIN # MIN XXXX. This error has caused innumerable damages to me and family. Failing to fix this XXXX XXXX information in the above matter you may be liable for your errors under your servicing from XXXX to present. XXXX XXXX XXXX XXXX XXXXXXXX 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: 2019-02-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-19
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: 1 ). I am the object of collection activity arising from consumer debt. 2 ). Select Portfolio Servicing is a debt collector as defined by the FDCPA. 3 ). Select Portfolio Servicing has engaged in acts and omission prohibited by the FDCPA. Specifically the fact originator XXXX XXXX XXXX was not incorporated nor licensed to do business within the State of Connecticut at loan origination in XXXX, thereby violates Section 1692e of the FDCPA by using " false, deceptive or misleading representation or means in connection with the collection of any debt ''. Secondly, even if the debt were legitimate, the Statute of Limitations well expired on any collection efforts ( XXXX - late XXXX ). And, finally, I have very good reason to believe the prior servicer, XXXX XXXX XXXX, received payment in full on said instrument. If this proves to be true then " [ t ] he false representation of the character, amount, or legal status of any debt, '' and " [ t ] he threat to take any action that can not legally be taken or that is not intended to be taken ', has been violated. 15 USC Section 1692e ( 2 ) ( A ). Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A