Date Received: 2019-02-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: After losing my husband, my income took a significant nose dive, at which time I began getting behind on my payments. I applied for a Modification but it was denied on XX/XX/XXXX. I contacted XXXX XXXX XXXX XXXX ( HUD ) to assist me. On XX/XX/XXXX, I received a call from someone identifying themselves as the legal department of my mortgage holder, advising me that my Modification had been granted and would decrease my monthly mortgage from {$2500.00} to {$1600.00}. I was estatic, Screaming, jumping around, and thanking him all at the same time. I was asked to pay {$1800.00} immediately, which would allow him time to do all the paperwork, in the meantime I was advised that my new payment of {$1600.00} would start on XX/XX/XXXX. In addition I was told not to call my mortgage holder, because he would be serving my accountt from now on. I was then asked when would I be paying the {$1800.00}, I responded I could pay {$1200.00} now and the balance on XX/XX/XXXX. I told him that he had my banking information already. He replied I dont have it I thought perhaps I needed to slow down. I called XXXX and told her the story as it was told to me. She asked if it was ok if we could do a conference call so that she could ask questions. So, called the legal department, and She asked the questions, and when we hung up from him, she said SCAM I then called my mortgage holder, who also said SCAM To be honest about it, Im so angry with them because I would have easily payed the {$1800.00}, Which would have made me lose everything. Ive kept all their voicemails. Unfortunately when youre desperate, its quite easy to try and grab a life jacket. Im a XXXX senior, and these guys are preying on people that are already stressed out. My mortgage holder, didnt do anything even knowing that these crooks were using their name. When I receive a call from the legal department, my mortgage holders name appears on my ID. Its difficult for me to turn and walk away because I know someone will lose their home in this manner. I have advised the legal department that Im interested in the modification, so their pushing forward because they smell my money. I just dont know, how to push forward and get this information to the right person or agency that could catch these CROOKS. Hopefully, you can point me in the right direction. XXXX gave me you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94544
Submitted Via: Web
Date Sent: 2019-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am writing to ask that you provide to me a true, correct and complete copy of the promissory note and any other evidence of indebtedness, with any modifications or endorsements thereto, as disscused in California civil code & 294 3 ( b ) ( 1 ). Please provide to me a true, correct and complete copy of the deed of trust with any modifications and assignments thereto, as discussed in California civil code & 2943 ( b ) ( 1 ). Please also provide, pursuant to the truth in lending act ( 15 u.s.c & 1641 ( f ) ( 2 ) the name and address and telephone number of the secured obligation 's owner or master servicers. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ca, XXXX Account # XXXX XXXX * XXXX XXXX pm *
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I want to express my frustration in working on a Loan Modification with Select Portfolio and XXXX XXXX XXXX XXXX as an investor on my Mortgage. This process started back in XXXX with a simple request of a Loan Modification due to the fact that I was facing a Hardship.At the moment of my Hardship, I advise Select Portfolio with help because my company was experiencing an extreme Hardship and I could no longer afford my payments. To make matters worst, my husband, became XXXX and was forced to retired. His income no longer became available to the house and forced us to stop making payments. After being reviewed from XXXX to XXXX, they finally agreed to approved me with a trial payments that started from XX/XX/XXXX to XX/XX/XXXX. When I was approved, I had a problem with the second payment which they could not withdraw on time but they did not tell me anything about it until XXXX. In XXXX, a representative told me if I send both XXXX and XXXX payment together, I can comply with the trial. On XX/XX/XXXX, I executed the payment. Once the payment was withdrawn from SPS, they decided to send me a denial letter that they denied me the Loan Modification based on the fact that payments were not received on time. I feel like I was scammed by SPS by them advising to send the payments and then decide to deny me once they receive those payments. Thats when the real problem began. Ever since that denial, SPS has reopen many times a Loan Modification and then Denied me because the Investor XXXX XXXX XXXX XXXX advises they dont want to move forward with the Loan Modification. Then they send me a letter stating they can help save the house, we reopen a case and month later they denied the Loan Modification based on investor XXXX XXXX XXXX XXXX denying the Loan Modification. They have done the same process for about 5 times. I dont understand how a company can reopen the case, send me letters that we would like to help you save your house through a Loan Modification, and then deny the process. Until last year, they approved me for a repayment plan. The approved me on a balance to be paid back Monthly of over {$5000.00} a month. If they knew that I could not afford this, specially since my previous payment was {$2400.00}, how did they expected me that this would be better. they mentioned that's what the investor approved me on, or else sell the house in a short sale. I could not afford this and the approval was denied. This year, I decided to see if I can even tried to get a repayment plan but just lowered because I want to save my house from Foreclosure, and they advise of a denial that Investor does not want to participate in any program, only a short sale.This is just not fair for me because I been fighting this case for the past 9 years and I feel like no resolution from SPS has been accomplished. I really want to save my house in a loan modification, I do not want to sell my house nor do a foreclosure against my property but I need your help
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11717
Submitted Via: Web
Date Sent: 2019-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: It is with great regret that I must continue to complaint to you regarding the treatment I have received from XXXX and SPS servicing. Inc. I have submitted various loan modification packages to no success. I must explained that I have experienced a financial hardship for about five years ; as a result I defaulted on the mortgage for my primary residence. This was also due to the incompetency of XXXX XXXX XXXX and SPS servicing. I was also financially injured as a result of their incompetency and miss interpretation. They have ignore my packages and request for a resolution. They have provoke for me to incurred this debt. I had to file bankruptcy. I still presently occupied this property with my family. I fell apart with the economy including loosing rental income from my XXXX XXXX business. I have had quite a journey. I am now recovering and trying in the worse way to come to a resolution with SPS servicing. I am XXXX XXXX as a XXXX. I am fighting this economy and succeeding. SPS Servicing has claim that the Private investor on this account had recommended a payment plan that is ridiculous. It actually injures me more. They are not willing to a decent resolution. Please review my financials for I need to keep my home. 'This is affecting my family. I have gone as far as doing a forensic review through XXXX XXXX XXXX XXXX. I have attached the report for your review.. It is my understanding that No mortgage assignment was recorded indicating the mortgage lien was ever assigned to XXXX XXXX. On 2009, XXXX XXXX filed a lis pendens and foreclosure lawsuit against me. XXXX XXXX. The lis Penden and foreclosure complaint indicates the mortgage assignment had not been recorded with XXXX county Clerk prior to commencement of ligation .XXXX XXXX, XXXX XXXX XXXX di not endorse the note. THERE ARE NO MORTGAGE ASSIGNMENTS RECORDED FROM THEM. I also understand that SpS Servicing can not foreclosed with out recorded assignments. I am in the process of trying to find a competent attorney to handle this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 12550
Submitted Via: Web
Date Sent: 2019-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-18
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 XXXX, 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 *XX/XX/XXXX XXXX XXXX* CC XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX, Florida XXXX Federal Trade Commission XXXX XXXX XXXX XXXX , Washington, DC. XXXX Government & Industry Relations XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Washington, DC XXXX Office of RESPA and Interstate Land Sales Office of Housing, Room XXXX US Department of Housing and Urban Development 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: 2019-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-17
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 XXXX* CC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX Federal Trade Commission XXXX XXXX XXXX XXXX , Washington, DC. XXXX Government & Industry Relations XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Washington, DC XXXX Office of RESPA and Interstate Land Sales Office of Housing, XXXX XXXX US Department of Housing and Urban Development 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: 2019-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-17
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 XXXX* CC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX Federal Trade Commission XXXX XXXX XXXX XXXX , Washington, DC. XXXX Government & Industry Relations XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Washington, DC XXXX Office of RESPA and Interstate Land Sales Office of Housing, Room XXXX XXXX Department of Housing and Urban Development 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: 2019-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-17
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: 2019-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-17
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 XXXX, 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 Pag e 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 *XX/XX/XXXX XXXX* CC XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Florida XXXX Federal Trade Commission XXXX XXXX XXXX XXXX , Washington , DC . XXXX Government & Industry Relations XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Washington, DC XXXX Office of RESPA and Interstate Land Sales Office of Housing, XXXX XXXXXXXX US Department of Housing and Urban Development 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: 2019-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My partner and I have lived in our home in XXXX XXXX, MD for over 22 years. Because we are both in XXXX XXXX and work on commission, our incomes always fluctuate. So many times during those years we have gotten behind, but we would send what we could until we could fully catch up. And always the mortgage servicing company accepted those payments, whatever they were ( see attached ). And that has been true of Select Portfolio Servicing, Inc. ( SPS ), our current servicer. However, on or about XXXX XX/XX/2018, I sent SPS a check for {$4000.00}, which SPS returned on XXXX XX/XX/2018 ( see attached ). SPS rejected the payment and in its unsigned letter said it would only accept over {$17000.00}. More recently, SPS returned a payment of {$18000.00}. As I noted above, our incomes fluctuate regularly and the markets have been slow for us the past year or more. We are doing the best we can, and SPS is just trying to force us out of our home, even though it has in the past taken payments less than the full amount owed. How can a mortgage servicer, which is supposed to work to get money to pay down a debt, reject significant payments? I feel that something has changed to propel SPS to treat me in a different manner than previously and that the company 's motivation is suspect and possibly discriminatory and thus not legal.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20902
Submitted Via: Web
Date Sent: 2019-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A