Date Received: 2019-01-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: https : //www.justice.gov/opa/pr/credit-suisse-agrees-pay-528-billion-connection-its-sale-residential-mortgage-backed XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX While SPS ( XXXX XXXX ) allowed me to modify my loan and defer in XX/XX/XXXX or XX/XX/2018 until the end of my note, they decided to later say I owed for escrow shortages to raise my rates to collect more money and completely negate the supposed method of deferment assistance. They may have said they are assisting the homeowner in order to receive credit for this lawsuit settlement, they have not been monitored since. They initially do the modifications or reliefs but later tack on additional fees and claim escrow shortages to put me and many other homeowners right back in the same position. I will also be filing and reporting fraud with the department of justice. They have decided to refer my loan to an attorney for foreclosure. They say my loan is owned by XXXX XXXX XXXX XXXX, however the pool that my mortgage was sold in ( and a fraudulent mortgage assignment recorded in XXXX County One signature on my assignment, XXXX XXXX is listed only as manager but she has a different title and has notarized other homeowners assignments ) was recently referenced in a lawsuit by XXXX XXXX XXXX XXXX and was to be bought back by XXXX ( XXXX XXXX ) or XXXX/XXXX due to XXXX/XXXX XXXX lies and misrepresentation of mortgages in that pool. Its yet again proof that this company will spare no expense, even violate federal consumer protection laws to get what they want, a single mothers home where she has raised her children. They will pad their pockets and increase their gains anyway necessary even to the point of misleading homeowners and the federal government of their attempts to assist. It is a shame that this bank and company ( SPS who is owned by XXXX XXXX ) is allowed to mislead homeowners and put them in a bind to only take their homes after leaving them with so much debt that they couldnt refinance, sale, or achieve ultimate homeownership if they wanted to. They are a scam and lie and manipulate. I thought I had relief from them when I received a letter from another company but SPS continues to harass me
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: 73071
Submitted Via: Web
Date Sent: 2019-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Dear Madam or Sir : 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 XXXX XXXX XXXX XXXX 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 XXXXXXXX XXXX XXXXXXXX Ca, XXXX # Account XXXX XXXX XXXX ... ..date XX/XX/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, XXXX XXXX US Department of Housing and Urban Development XXXX XXXX XXXX, XXXX Washington, DC XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I received an escrow check from SPS inc made out to my ex-wife and myself. I inquired how to get the check sent in my name only. I was told to send in my divorce decree, which I did. A year later I have not received the replacement check for the one sent in. When I called all I receive is excuses why I don't have the replacement check. I am owed another escrow check and wondering if stumbling and bumbling company will make it out as the original check creating another long drawn out process.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 08046
Submitted Via: Web
Date Sent: 2019-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-04
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing ( SPS ) was th managing my mortgage for a rental property. In XX/XX/XXXX I initiated the process to refinance this mortgage with XXXX XXXX. SPS was consistently non-responsive, uncooperative, and ultimately impacted me financially as I had to pay thousands of dollars in fees due to their inaction. Below is a detailed letter of what transpired : Through this letter, I would like to initiate a complaint against Select Portfolio Servicing ( SPS ) and request compensation for the mishandling of my investment propertys refinance. On XX/XX/XXXX I initiated the refinance process with XXXX XXXX. At the onset, I was advised that New York requires a Consolidation, Extension, and Modification Agreement ( CEMA ) for the refinance process. The intent of the CEMA is to save customers thousands of dollars in taxes as consumers would only have to pay taxes on the amount of the new loan that is above and beyond their current unpaid principal balance. I was also given the disclosure that there would be a chance that the previous lender would not have the CEMA which would then require me to pay the mortgage recording tax on the full amount of the property. I understood the terms provided and proceeded with the refinance. My rate lock was set to expire on XX/XX/XXXX, nearly 4 months after I started the process. Eager to move ahead, I submitted all requested documentation to the new lender, XXXX XXXX so I could refinance and realize a savings of {$440.00} per month. XXXX XXXX informed me that I had submitted everything necessary and that now we would just need to wait for SPS to respond. Over the next few months, I followed up with XXXX XXXX and they advised that they had not heard back from SPS. When XXXX rolled around, XXXX called me and asked that I reach out directly to SPS since their own efforts were futile. When I spoke to the attorney for XXXX, XXXX XXXX, she told me she had left countless messages for SPS but never received a tangible response, just the run around. I called SPS and explained the situation but was unsatisfied with the lack of clarity I received regarding the CEMA. I even told the individual I spoke to just tell me that if they dont have the CEMA, so I could just proceed with my refinance and recognize my savings instead of continuing to wait. The representative could not provide me with a definitive answer. Frustrated, I then wrote a complaint to the Ombudsman which seemed to influence some movement ( see attached ). Two weeks later, the attorney for XXXX notified me that she was finally able to get in touch with SPS and was speaking to their attorney. I was extremely anxious as my rate lock was going to be expiring soon and if SPS was able to provide the CEMA, I would save {$8100.00} in the mortgage recording tax. I had little confidence in SPS pulling through given the lack of accountability and responsibility they demonstrated over the last several months. The paralegal for SPSs attorney then notified me that there was a {$1000.00} fee for requesting the CEMA. I asked what the likelihood was of obtaining the CEMA given the questionable track record of SPS previously. This was the only time the actual attorney for SPS responded and provided his assurances that they their office has had success with XXXX XXXX on similar transactions/requests ( see attached email ). In all other interactions ( before this and after ), only the paralegal had responded. Based on the attorneys response, I decided to move forward with the CEMA as the benefit of having this documentation would again save me over {$8000.00}. I knew I was running out of time given my rate lock was expiring on XX/XX/XXXX. So, on XX/XX/XXXX once I received the attorneys assurances, I left everything at work in the middle of an audit, to obtain a bank check and drop it off in person to the attorneys office. I did everything possible to get this payment for the CEMA so I could proceed with this refinance and avoid any potential additional fees for a rate lock extension. I continued to follow-up to check on the status. Both XXXX XXXX and XXXX ( the title company ) were on the same page in terms of what additional information was needed from SPS. Their requests to SPS were simple but the back and forth continued. Ultimately, I had to extend my rate lock. I again took a leap of faith into SPS pulling through because the attorney for SPS gave me his assurances, both XXXX XXXX and XXXX believed it was possible to obtain the necessary updates, and I as the consumer did not want to pay {$8000.00} if I didnt have to! Unfortunately, the attorneys office for SPS insisted they could not do what was being requested even though attorneys from both XXXX XXXX and XXXX insisted that what they were asking was common and very simple to complete. The attorneys office for SPS just deflected the requests and were being uncooperative. At this point I made the decision to forgo the CEMA. I already had a 4-month rate lock and having to go beyond that was unheard of as stated by XXXX XXXX. Each time I extended my rate lock, I would incur a fee of {$560.00}, but the extension was only good for 15 days. Therefore, I had to rely on SPS coming through quickly which is something that I couldnt do any longer given their behavior thus far. Both XXXX XXXX and XXXX expressed to me that they have never encountered anything like this before and were in disbelief about the entire situation. As an informed consumer and as a veteran 15-year professional in XXXX XXXX, I am outright appalled and baffled by SPS and their lack of accountability to their customers. Quite frankly, I am not sure how they are even still in business. After the financial crisis in XX/XX/XXXX, shouldnt mortgage companies be more organized, responsive and work with consumers, instead of against them? I hold SPS 100 % accountable for this unnecessary stressful and financially taxing ordeal. Again, I understood from the very beginning that if they didnt have the CEMA, I would have to pay the taxes on the entire amount. However, they could have responded much sooner, provided accurate information, and per XXXX XXXX and XXXX they could have provided the documentation necessary for the CEMA. Though I finally refinanced my property on XX/XX/XXXX, I feel that SPS took multiple missteps with this refinance and that I should be made whole for the following fees : {$8100.00} : The mortgage recording tax I had to pay because SPS would not comply with the requests of XXXX XXXX and XXXX for the CEMA documentation. {$1300.00} ( XXXX*3months ) : Potential savings that would have recognized if my refinance had gone through in a normal amount of time, within 2 months instead of almost 5. {$1000.00} : Cost of requesting the CEMA. {$1100.00} : Rate lock extension fees. {$210.00} : Appraisal recertification fee incurred due to rate lock extension. Additional compensation for the stress, aggravation, and mental duress this situation caused to me and my family. As the regulatory body who governs mortgages, I hope you take my concerns seriously and look further into the day to day operations of Select Portfolio Servicing. Given my experience, I am not sure how they can compliantly remain in business. Should you need any more information about this transaction, please let me know.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 10014
Submitted Via: Web
Date Sent: 2019-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX To Whom It May Concern : 1 ) On XX/XX/XXXX, I returned home from XXXX vacation at my parents for a week and a half to two letters both dated XX/XX/XXXX, one from Select Portfolio Servicing ( SPS ) and the other from the law firm XXXX XXXX XXXX XXXX XXXX stating that Select Portfolio Servicing has begun foreclosure action against me. I have several issues with this claim. It is clear that I am a victim of subprime mortgage practices and continue to pay for this. I have fought numerous times to save my home and am getting fed up. The housing market crashed in XX/XX/XXXX-XX/XX/XXXX when I bought my home, and given the current state of the market and the economy it appears again that the home owners will suffer again due to companies getting away with their crimes, as they try and back out of their mistakes to save themselves money as us homeowners lose their homes and lose more money to fight such practices. They yet again applied illegal fees that they continue to get punished for, but nothing happens. I even have proof of them charging me XXXX fees for them to overnight paperwork to me in XX/XX/XXXX and XX/XX/XXXX. We all know XXXX closed due to their illegal practices and fraudulent mortgages which I believe I am a victim of. We also know that in XX/XX/XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX agreed to pay {$40.00} XXXX to settle with the FTC and the U.S. Department of Housing and Urban Development ( HUD ), which charged them with engaging in a number of unfair, deceptive, and illegal practices in the servicing of subprime mortgage loans. The Commission distributed the {$40.00} XXXX as redress to affected consumers. The settlement also imposed a number of specific limitations on XXXX ability to charge fees and engage in certain practices when servicing mortgage loans. In early XX/XX/XXXX, XXXX changed its name to Select Portfolio Servicing , Inc. and XXXX XXXX XXXX, but continue the same practices. Before the new servicer took over, I only owed for XXXX and XXXX. I previously made a {$200.00} payment and then was told that it would not be applied until full payment was received. Another way for them to charge fees. Select Portfolio Servicing may want to foreclose, but the following information my halt that issue. UNITED STATES DISTRICT COURT XXXX DISTRICT OF NEW YORK FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff, -against XXXX XXXX XXXX ( XXXX ), XXXX , XXXX XXXX ( XXXX ), XXXX , XXXX XXXX XXXX ( XXXX ) XXXX, XXXX MORTGAGE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX , and XXXX XXXX , Defendantsthis proves that I was victim of predatory lending and unfair practices, and all these companies are doing is trying to gain as much money along the ride. I have repeatedly asked SPS where my money was going monthly, if they are only the servicer with the answer of we cant release that information over the phone. Or they would say it is going to XXXX XXXX XXXX XXXX, who yet again shows no interest in my loan, so they arent getting the money. If I had the ability to pay off my mortgage today, who would get the funds? Who would say my title is clear? Who is to say it is paid in full? Select Portfolio Servicing applies services fees, because the money they receive for the servicing services are not enough, so they tack on these additional fees. When they continue to say that XXXX XXXX XXXX XXXX is the holder, on XX/XX/XXXX I had a representative of XXXX XXXX on the phone w/ myself and SPS to verify that they have no interest in my loan, and that they are not the holder of my loan. XXXX XXXX XXXX XXXX is also an authorized third party on my account to verify this information. They have even provided a written letter stating that they are not the holder and have no interest in my loan. They do not even know who I am. My guess is it is not XXXX XXXX, but maybe XXXX XXXX XXXX due to this particular complaint ( see attached ). XXXX XXXX provided loan-level information to the rating agencies that they relied upon in order to calculate the Certificates assigned ratings, including the borrowers LTV ratio, debt-to-income ratio, owner occupancy status, and other loan-level information described in aggregation reports in the XXXX XXXX. Because the information that XXXX XXXX provided was false, the ratings were inflated and the level of subordination that the rating agencies required for the sale of AAA ( or its equivalent ) certificates was inadequate to provide investors with the level of protection that those ratings signified. As a result, the XXXX paid Defendants inflated prices for purported XXXX ( or its equivalent ) Certificates, unaware that those Certificates actually carried a severe risk of loss and carried inadequate credit enhancement. XXXX. Since the issuance of the Certificates, the ratings agencies have dramatically downgraded their ratings to reflect the revelations regarding the true underwriting practices used XXXX to originate the mortgage loans, and the true value and credit quality of the mortgage loans. My loan is the interest of XXXX XXXX not XXXX XXXX XXXX XXXX. XXXX XXXX and XXXX XXXX and the US Government may have a say in it as well. So is my assignment that was filed on XX/XX/XXXX fraudulent? 2 ) On XX/XX/XXXX I received a letter from XXXX that my loan will be serviced by XXXX effective XX/XX/XXXX, and that I should send payment to them. They included my payment amount of {$680.00} which was my original mortgage amount from XX/XX/XXXX. I mailed in the payment to the following company on XX/XX/XXXX. And will mail my XXXX payment today, XX/XX/XXXX. So how is SPS trying to collect when they no longer have the standing? 3 ) The welcome letter from XXXX stated that the holder of my loan was XXXX, not XXXX XXXX XXXX XXXX as Trustee on Behalf of the Holders of the Asset Backed Securities Corporation Home Equity and Trust Series XXXX XXXX Asset Backed Through Certificates Series XXXX XXXX as stated by Select Portfolio Servicing on numerous occasions. 4 ) I have reached out to XXXX XXXX XXXX XXXX on several occasions to inquire about my loan, and they have provided in writing that they are not the holder and have no interest in my loan. They do not even have record of my name, address, or SSN. I have provided this documentation numerous times to SPS and the CFPB. 5 ) When my mortgage was supposedly giving to SPS to service, I never received a goodbye letter from XXXX, only a welcome letter from Select Portfolio Servicing stating effective in XX/XX/XXXX that I should mail payments to them. Why am I to trust that Select Portfolio Servicing is the rightful company and not the other company when the same actions were taking by Select Portfolio Servicing? I can not verify w/ Argent as they are no longer in business. 6 ) On XX/XX/XXXX SPS filed foreclosure documents on my mortgage. However, there was NO assignment giving/attached. Then again on XX/XX/XXXX yet another attempt to foreclose. When I was attempting to modify and not behind even according to Select Portfolio Servicing. This time they have an assignment attached. Perhaps due to the numerous court rulings stating that they must indeed have this documentation. For instance, in XX/XX/XXXX Judge XXXX XXXX XXXX dismissed a foreclosure case due to the lender not owning/holding the mortgage. In many cases, the trusts try to argue equitable assignment that predates the filing of the foreclosure, but securitized trust can not take an equitable assignment of a mortgage loan. So how does SPS have standing? How does XXXX XXXX XXXX XXXX have standing? In fact, who has standing? SPS? XXXX XXXX XXXX XXXX? The new servicer? My assignment was dated XX/XX/XXXX and notarized for that date according to XXXX XXXX and XXXX and SPS. However, said assignment was not filed in XXXX County Oklahoma until XX/XX/XXXXafter the first attempt to foreclose. According to 46-13. Assignments of existing mortgages Recording within four months All assignments of mortgages at present existing, bearing date prior to the taking effect of this act, shall within four ( 4 ) months next succeeding the taking effect of this act be recorded in the proper county of this state, in accordance with the provisions of Section 1. Now if my loan was assigned in XX/XX/XXXX, why was it not filed with XXXX County until XX/XX/XXXX, that is two ( 2 ) years not four ( 4 ) months? 7 ) When I applied for loss mitigation or mortgage assistance, I was recently denied for anything other than a repayment plan that was far more than any of my mortgage payments over the past 12 years. I asked to see the originators or even the holders guidelines for modification and have yet to see this. I honestly do not believe they know who to ask about modification. 8 ) When XXXX XXXX ( Select Portfolio Servicings parent company ) gets in a bind with the Courts, SPS sends out a letter that there are escrow shortages to increase rates. Which they know will force people into foreclosure so that they can get one lump sum and write it off on their books and collect that money. Or they simply lie and apply fees that are illegal. According to XXXX XXXX XXXX ( XXXX ), XXXX, XXXX XXXX ( XXXX ), XXXX, XXXX XXXX XXXX ( XXXX ) XXXX, XXXX XXXX XXXX , XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX XXXX Asset Backed Through Certificates Series XXXX XXXX was purchased by XXXX XXXX and XXXX XXXX not XXXX XXXX XXXX XXXX. I think that since XXXX XXXX or XXXX XXXX owns my loan, you all wont tell me because of the above mentioned lawsuit and/or action. I have attached documentation and will continue this matter in court if necessary. I will also compile all complaints against Select Portfolio Servicing and their lies. I will subpoena all necessary parties, XXXX XXXX, Select Portfolio Servicing, my new servicing, XXXX XXXX XXXX XXXX, The US Government, and whoever else says they own, or have interest in my loan. There is no confidence of ultimate homeownership when it comes to these subprime mortgages hence the housing crisis of XX/XX/XXXX. If I need to provide more documentation and proof of even payments, complaints, unnecessary illegal fees, I can and I will. So I ask, who owns my mortgage? Who is receiving funds? Who is to say that my loan is paid in full? Who has true legal standing to foreclose if it were necessary? I did not attach all 100+ pages of the complaint and lawsuit against XXXX XXXX from the United States District Court XXXX District of New York XXXX but I can and will if needed. I can also file that information as evidence in any necessary court proceedings.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: 73071
Submitted Via: Web
Date Sent: 2019-01-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was behind on the mortgage payments back in XX/XX/XXXX, I made a repayment plan to have the account back in good standing, I was offered a repayment plan on XX/XX/XXXX to pay the amount of {$1000.00} for 12 months beginning on XX/XX/XXXX and ending on XX/XX/XXXX. I accepted the offer and immediately started to make the payments on XX/XX/XXXX as agreed. Every month on the bank website under " make a payment '' I have had the option of paying the regular mortgage payment or to pay the repayment amount, I always used the latter and paid on-time the repayment plan amount of {$1000.00}, so, everything was good. After making all the 12 payments which I have copies of all of them, on XX/XX/XXXX I was ready to start making my regular mortgage payments again, but to my surprise when I logged in into the bank website to make the payment, it was showing the same " our records indicate that you are currently on a repayment plan, click here to make the repayment plan amount '' I called the bank and explained that to them, they told me that everything was good, that the system will take some time to update the information, but that I have successfully paid all the 12 payments and the repayment plan was completed, that I should start paying my regular mortgage payment of {$850.00}, I did that and paid my regular payment but kept logging into the website and noticed that the account keeps showing the same info. XXXX arrived and I went to pay my mortgage, this time it was even worse! it was showing a month late, asking me to pay XXXX " again '' late fee charges again and everything was a mess! I called to the bank again, just to be told that in XXXX I would have to paid {$1000.00} again and that I was short paying {$850.00}, I explained the situation again and I was told that they need to " review '' the account and see what happens, in the meantime I was told to again pay my regular mortgage payment of {$850.00} once everything is fixed, it should be back to normal. I paid the {$850.00} on XXXX and XX/XX/XXXX its here and when I logged in today still the same! showing that I'm late one month, that I have to pay XXXX, 2 late fees in there and a big mess! I called again today and after being on the phone with 3 different representatives I was unable to solve the problem. I was told that I owe around {$1400.00} just to place the account on-time. I have no idea what this company is doing, but its very frustrating that they do an agreement with a customer and now after we did a big sacrifice to do all the payments in time and correctly we are facing this and we have nothing else to do, no one is willing to help over there, we even have a newborn and we did everything possible to pay all the 12 payments as we did on time with the hope of having the account in good standing, they also, has been reporting us to the credit bureau unfairly during this time, and our account is still late and in a big mess. Attached is the copy of the repayment plan agreement and all the payments taken from them from my bank account, the 12 payments of {$1000.00} per agreement and the XXXX and XX/XX/XXXX regular payments as well, if necessary I can provide my full bank statements.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33016
Submitted Via: Web
Date Sent: 2019-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have made mortgage payments to Select Portfolio Servicing Inc. They failed to report receiving the payments. I need them to correct the statements to include all payments received. I also want to request the Note on the property. The mortgages have been inactive on XXXX for years, and the last know servicer is XXXX XXXX XXXX, so why is SPS my servicer, do they have rights to service my loan, who gave them this right?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-30
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: respected sir/madam i had submitted my complain before and it was closed, no proof of verification was provided as there was a big big mix up in the mortgage transfer, sps is just going by one modification paper but i have made biweekly payments and extra principal in the five years also XXXX XXXX had send me a document stating they are reinstating the loan i had provided the document which XXXX XXXX has mailed me with the immortaliztion dates and rated please help me. i still beleive it is not fair when it clearly stated on the last paragraph of the letter by XXXX there are no changes in terms and conditions then how come sps dont do biweekly payment as XXXX XXXX it is false statment. when i was assured nothing was changing.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 180XX
Submitted Via: Web
Date Sent: 2018-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/2018 they received a complete application and onXX/XX/2018 they came to a decision that I was not eligible for a home retention loss mitigation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60453
Submitted Via: Web
Date Sent: 2018-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The Mortgage servicer assigned to my account refuses to on board me. They claim to not know who I am. They also claim to not be able to take a payment from me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92008
Submitted Via: Web
Date Sent: 2018-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A