Date Received: 2018-10-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I recently received a letter from my mortgage servicer stating the modification was declined because the investor XXXX XXXX XXXX XXXX XXXX was no longer participating in any of the modification programs. I also spoke with XXXX the Relationship manager XXXX XXXX XXXX he told me the investor didn't participate in the modification programs. Received a re-payment plan for {$2100.00} monthly the mortgage has increased over half of the original mortgage payment. My mother XXXX XXXX is terminally ill and I'm responsible for her care and medical expenses that insurance want cover. I feel we are being discriminated against because my mother is XXXX and we are XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 380XX
Submitted Via: Web
Date Sent: 2018-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Still in the hands of Bankrupcy protection agency. I also paid a company to fix this issue but nothing happened. Its a lawyers company located in California. I paid like {$4000.00}. Also, since my house was damaged by the storm this year last XXXX, I hired an inspector- XXXX XXXX XXXX base in Pennsylvania to get me insurance money to have my house repaired. They got me {$4500.00} to fix my house and pad XXXX {$1500.00} for their service commission. Now the check was endorsed to Select Portfolio servicing in Utah- XXXX XXXX XXXX claim # XXXX and held the repair money until now which I said its for repairing my house. They dont want to release my insurance money. I would like you to please help me retain my house by giving me a modification 2 % interest which I was begging them to modify my mortgage. Also please help me get my insurance money to have my house fix. Begging for your intervention. Hoping for your kind assistance. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NJ XXXX XXXX XXXX XXXX if no answer please leave me a message. Thanks
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07307
Submitted Via: Web
Date Sent: 2018-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Formal complaint that Select Portfolio Services has violated consumer protection filings : Violation of module 8 OF CFPB Examination procedure - Loss Mitigation ( BREACH OF FAIR DEALING - RESPA VIOLATION ). Refused to submit loss mitigation application to the US Governments making home affordable program. Per CFPB mortgage servicing procedures ; The Real Estate Settlement Procedures Act ( RESPA ) and its implementing regulation, Regulation X, impose requirements for servicing transfers, written consumer information requests, resolution of notices of error, force-placed insurance, early intervention and continuity of contact for delinquent borrowers, loss mitigation procedures, general servicing policies and procedures, and escrow account maintenance. I am currently facing foreclosure because of several mishandlings of my mortgage - one of the primary reasons for this is because my modification application was juggled for 12+ months and never formally submitted for the united states government making home ( MHA ) affordable program. I incessantly requested and applied for an in house modification AND MHA assistance for several months before being denied because of said missing documents that I had continuously provided.I formally requested submission of the Making home affordable program through my servicer, but my servicer held my application and demanded repeated resubmission of duplicate documents which forced me to miss the MHA deadline of XX/XX/XXXX. I followed up directly with the consumer relations manager XXXX XXXX of the MHA/hope program ( XXXX ) and he informed me that several loss mitigation representatives did not submit any application for me prior to the program deadline. He informed me that he would be able to submit a retractive application with the assistance from my servicer. I contacted my servicer requesting they submit my application retroactively to the MHA/Hope department but my servicer ( SPS ) never did and now my family is facing foreclosure because my MHA application was juggled between several different representatives/managers at SPS - to avoid exhausting all loss mitigation procedures which in turn directly violate default servicing/loss mitigation/early intervention procedures. Per module 8 Loss Mitigation, Early Intervention, and Disparate Impact in Loss Mitigation An examination of whether a servicers loss mitigation program results in adverse impact on a protected class will rely on procedures outlined in the CFPBs ECOA Examination Program Manual, including the ECOA Baseline Review Modules, and the Interagency Fair Lending Examination Procedures. Examiners, in consultation with Headquarters, should : 9. Obtain information sufficient to determine whether loss mitigation workouts have been provided to consumers in compliance with ECOA and Regulation B. For example, this may involve an analysis of the distribution of protected class members in the pool of delinquent borrowers versus the distribution of protected class members receiving a range of loss mitigation outcomes, including : reinstatement, repayment plan, forbearance, loan modification, short sale, deed-in-lieu, and foreclosure. 10. Obtain information sufficient to determine whether loan modifications have been provided in compliance with ECOA and Regulation B. For example, this may involve an analysis of processing times and loan modification attributes including interest rate, principal, and monthly payment reductions for protected class members when compared to non-protected class members. CFPB Mortgage Examination Procedures Servicing CFPB XX/XX/2014 Procedures 19 11. Obtain information sufficient to determine whether the rate and timing of foreclosures are in compliance with ECOA and Regulation B. For example, this may include analysis of the representation of protected classes in the group of seriously delinquent borrowers versus their representation among borrowers who lose their homes to foreclosure. To complete a disparate impact analysis of a servicers loss mitigation program, and determine whether a facially neutral policy or practice that has an adverse effect on a protected class meets a legitimate business need that can not reasonably be achieved by a less discriminatory alternative, refer to Section B of the CFPBs Fair Lending Examination Procedures and consult with Headquarters. It has been found that my servicer is in direct violation of these requirements and I am seeking assistance/relief with your assistance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Dear CFPB, Our mortgage loan is held by a company called Select Portfolio Servicing ( SPS ). We fell behind on our payments this year after I lost my job, and we are ( technically ) in default. We attempted to obtain a loan modification from SPS, but they refused to work with us, not willing to make any compromises on our previous predatory loan terms. Earlier this year, a wind storm damaged our roof beyond repair. We took out a construction loan to replace our roof, and we also filled a claim with our XXXX XXXX homeowners insurance. Of the {$6100.00} XXXX XXXX allocated to replace our roof, our insurance coverage paid {$4300.00} with three separate checks. On XX/XX/XXXX, my wife and I both endorsed these checks and sent them to XXXX ( Hazard Insurance Claim Dept. for SPS ) along with all the other ( extensive ) documentation that SPS request concerning the roof replacement. In the meantime, we paid our roofing company the entire cost of the roof replacement from our roofing construction loan. Now SPS refuses to release the {$4300.00} in insurance remittances we sent to them nearly 3 weeks ago. Every time we call these guys to get our money, they come up with a new ( creative ) excuse why they can't release these funds. We have another claim for interior damage for which we have yet to hire a new contractor, and we are worried how we will pay this new contractor when SPS deliberately delays the return of our insurance reimbursements. How are we supposed to pay our contractors with SPS sitting on our insurance money for such an extended period of time? Sincerely, XXXX & XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 217XX
Submitted Via: Web
Date Sent: 2018-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I HAVE BEEN DEALING WITH THIS SITUATION FOR THE LAST 5 YEARS. AS PER YOUR RECORDS, IT CLEARLY SHOWS THAT I'VE FILED SEVERAL COMPLAINTS IN THE PAST TO NO AVAIL. I ENTERED INTO A LOAN MODIFICATION IN XXXX WITH XXXX XXXX XXXX. I MADE SEVERAL PAYMENTS ON THE MODIFICATION, I WAS TOLD BY THE REPRESENTATIVE THAT MY REGULAR PAYMENT OF {$780.00} WILL BEGIN XX/XX/XXXX, DO NOT MAKE THE FIRST PAYMENT UNTIL I HAVE RECEIVED MY SIGNED EXECUTED MODIFICATION DOCUMENTS. SEVERAL MONTHS WENT BY, EACH TIME THAT I WOULD CONTACT XXXX I RECEIVED ONE EXCUSE AFTER THE OTHER AS TO WHY I HAVE NOT RECEIVED THE EXECUTED DOCUMENTS. NUMEROUS OF PHONE CALLS WERE MADE TO CHASE AND THEY LEAD ME TO BELIEVE THAT THEY WERE HAVING DIFFICULTY WITH THE DOCUMENTS BUT I WILL RECEIVE THEM SOON. XXXX OF XXXX, I WAS SERVED WITH FORECLOSURE PAPERS. I CALLED XXXX TO FIND OUT WHAT WAS GOING ON, AND A WEEK LATER, I RECEIVED THE EXECUTED MODIFICATION DOCUMENTS. BY THEN, XXXX REFUSED TO HONOR MY MODIFICATION BY TELLING ME THAT IT HAD ALREADY BEEN MODIFIED. NOT TRUE!! I SENT SEVERAL LETTERS TO XXXX XXXX XXXX EXECUTIVE OFFICES, HOWEVER, NO HELP. THEN IN LATE XXXX AFTER COMPLAINING TO CHASE MANY TIMES, MY LOAN WAS TRANSFERRED TO SELECT PORTFOLIO SERVICING. I'VE BEEN ON A ROLLER COASTER RIDE WITH THEM AS WELL. THEY CONTINUE TO TELL ME TO APPLY FOR A MODIFICATION, BUT THEN I AM DENIED BECAUSE OF THE ERRONEOUS INFORMATION THAT XXXX CONTINUES TO REPORT. I NEED A RESOLUTION, NOW!!! MY HOME IS SCHEDULED FOR SALE AS OF XX/XX/XXXX. I WAS RECENTLY DENIED FOR A MODIFICATION AGAIN WITH SELECT PORTFOLIO SERVICING. THEY DID NOT COMPUTE MY FULL-TIME AND PART-TIME INCOME. WHEN I COMPLETED THE RMA, MY PART-TIME INCOME WAS MISSING. WHEN I SPOKE WITH THE REPRESENTATIVE IN XXXX, SHE VERIFIED MY INFORMATION BY PHONE, SHE STATED THAT SHE WOULD ADD NOTATIONS TO REFLECT THE INFORMATION REGARDING MY PART-TIME JOB, FULL-TIME JOB AND MY HOA DUES. ALL OF THIS INFORMATION WAS EMAILED TO THEM. I HAVE SINCE APPEALED THEIR DECISION. THEY ARE TRYING TO TELL ME THAT MY INCOME ISN'T SUFFICIENT FOR THE PROPOSED PAYMENT. WHAT IS THE PROPOSED PAYMENT, THAT WASN'T CONVEYED TO ME. NOT TO MENTION THE FACT THAT SEVERAL ARE SEVERAL OPEN LAWSUITS AGAINST XXXX FOR THE VERY SAME THING OF NOT PERMANENTLY MODIFYING MORTGAGES WHEN THEY HAVE AGREED TO DO SO. I AM ABOUT TO LOSE MY HOME TO NO FAULT OF MINE. I REACHED OUT TO BOTH LENDERS TO RECEIVE THE HELP THAT I AM ELIGIBLE FOR BUT CAN NOT RECEIVE THE ASSISTANCE. I NEED SOME ONE TO INTERVENE IN THIS MATTER BECAUSE IT IS NOT FAIR THAT I AM LOSING MY HOME BECAUSE THESE LENDERS DON'T WANT TO HELP. IT SIMPLY ISN'T FAIR. I NEED HELP.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 29229
Submitted Via: Web
Date Sent: 2018-10-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX sold my mortgage to Select Portfolio Servicing , Inc. ( SPS ) this year. I have been making additional principal payments and the company has 1 ) not processed an additional principal payment of {$500.00} I made on XX/XX/XXXX and 2 ) processed an additional principal payment of {$1000.00} I made on XX/XX/XXXX as an advance payment instead of additional principal payment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 190XX
Submitted Via: Web
Date Sent: 2018-10-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-11
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: Hello On XX/XX/XXXX I made a current payment on my mortgage in the amount of XXXX.. I was approved for a short sale program and received two letters dated XX/XX/XXXX and XX/XX/XXXX in which I have enclosed. These letters state while I am selling my property short sale it is not necessary or required to make payments. The short sale is ongoing and my home is to be sold as is. Hurricane Irma arrives in Florida on XX/XX/XXXX and my mobile home sustained damages of $ XXXX..I contacted my insurance company and made a claim. An insurance check was cut for allegedly {$7200.00} and sent to my mortgage company instead of me. I contacted the insurance company XXXX XXXX XXXX XXXX on several occasions inquiring on the whereabouts of the check. Per the insurance company the mortgage company demanded that the insurance check be sent to my mortgage company servicer Select Portfolio Servicing ( known as SPS ). I don't know why this occurred. The insurance check should have been sent to me the borrower since I am being charged monthly for this insurance. I have enclosed documentation whereas the insurance is included in my mortgage payments. I contacted SPS and they claim the check was mailed to me. I never received a check. Then I got these three letters attached dated XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX disclosing as a condition of cashing the insurance claim check I agreed to complete the repairs and to request an inspection. I never received an insurance check. The check went to SPS as per the insurance company disclosed. Consequently I have lived in this mobile home in deplorable conditions over one year and the repairs still have not been made. The buyers who I sold the home to " as is " still signed a contact to purchase the mobile home and 5 acres even after the hurricane and with all the damages. To this day I never received the insurance check due to the mortgage company has not sent it to me nor the insurance company. I am being charged for these insurance premiums monthly. On XX/XX/XXXX I received a letter from my mortgage company SPS disclosing that they approved my short sale ; please see attached letter. I was elated that the short sale was approved and so was my buyers. We were all excited and I began moving. The buyers began preparing to move into the mobile home. However on XX/XX/XXXX I received another letter from SPS disclosing the approval letter was sent incorrectly because now the short sale offer was denied by the investor. I am confused an angry with this entire situation. I was current on my loan payments but was told by the mortgage company since I agreed to the short sale not to make any more payments. My credit is awful now and I eventually had to sign a deed in lieu in order to save myself. I never received the insurance check in over a year ; allegedly the check went to my mortgage company when I was the one being charged for the insurance. The short sale was approved as documentation shows yet rescinded since the offer was denied by the investor.I feel betrayed by my mortgage company in so many ways. I even tried to obtain a modification with SPS however the terms and length of the mortgage was outrageous. Please any assistance will be greatly appreciated. THANKS
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33801
Submitted Via: Web
Date Sent: 2018-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I made a payment online and whoever enter the information at Select Portfolio Servicing enter the account number incorrectly ( I am at a loss to understand why the information had to be manually enter by the mortgage company ). The reversal was enter as an NSF. I was called and gave the customer service agent my correct account number and she verified in multiple time. Again it was entered incorrectly when Select Portfolio Servicing attempted to collect the check. It was entered again as an NSF, I have talked to three customer service agents and was told it could not be changed. I then called the SPS Consumer Ombudsman Service, and again was told it could not be changed as NSF mean many things to Select Portfolio Servicing.
Company Response: Company believes complaint is the result of an isolated error
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX went through a tumultuous divorce and then became very ill. As a result, she fell behind on her mortgage and now is facing a sale date on XX/XX/2018. She has since got back on her feet and works as a caregiver and also collect rental income. She can maintain the mortgage payment and need only a loan modification to bring her current, giving her a fresh start. She will be submitting a full assistance request to Select Portfolio Servicing attached to this complaint with the CFPB. XXXX XXXX will also be enlisting the aid of her Congressman in regard to the postponement of her sale date. XXXX XXXX requests that the sale date be put on hold while her new assistance request is under review, per the California Homeowners Bill of Rights and Dual Tracking : Restriction on dual track foreclosure : Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed. Guaranteed single point of contact : Homeowners are guaranteed a single point of contact as they navigate the system and try to keep their homes a person or team at the bank who knows the facts of their case, has their paperwork and can get them a decision about their application for a loan modification. Verification of documents : Lenders that record and file multiple unverified documents will be subject to a civil penalty of up to {$7500.00} per loan in an action brought by a civil prosecutor. Lenders who are in violation are also subject to enforcement by licensing agencies, including the Department of Business Oversight, the Bureau of Real Estate.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92880
Submitted Via: Web
Date Sent: 2018-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I sent a RMA form for mortgage assistance about 6 days ago. SPS refused to accept the application. I have written to the CFPB several times about how SPS refused to accept my RMA form. This is dual tracking and I plan to take this case to court. Please investigate because what SPS is doing is illegal. Also please note that it has not even been 30 days since I sent the RMA.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30022
Submitted Via: Web
Date Sent: 2018-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A