Date Received: 2018-09-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS is in violation of CA HBOR and RESPA guidelines. At issue is that a short sale package was submitted to SPS on XX/XX/17 and SPS is refusing homeowner 's legal right afforded to him under CAHBOR to avoid foreclosure. Lenders and servicers operating in CA are required by law to allow homeowners to avoid foreclosure and SPS is breaking the law by refusing to review homeowner for foreclosure alternative methods. Additionally RESPA requires lenders and servicers to acknowledge work out request packages within 5 days of receiving them. By automatically denying that review they are in fact violating RESPA guidelines. Lender must comply with the law and allow homeowner to proceed with short sale request and stop acting a foreclosure mill intent on charging fees.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92691
Submitted Via: Web
Date Sent: 2018-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am not being reviewed for a loan modification or short payoff. I have submitted multiple applications, but they have not conducted a review. SPS repeatedly asks for the same documents that I have previously provided. The dates that I submitted documents include ( but is not limited to ) : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. They also keep charging me unexplained and recurring fees, including a property inspection fee, but no one actually inspects the property thoroughly. The property is not visible from the street.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 14211
Submitted Via: Web
Date Sent: 2018-09-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-03
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XX/XX/XXXX Certified Mail No : XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, IA XXXX XXXX XXXX, GA XXXX Select Portfolio Servicing, Inc XXXX. XXXX XXXX XXXX XXXX XXXX, UT XXXX Office of the Comptroller of the Currency Securities and Exchange Commissions Customer Assistance Group Office of the Whistleblower XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX, TX XXXX Washington, DC XXXX XXXX : NOTICE OF VALIDATION OF ALLEGED DEBT Your File : XXXX Loan No : XXXX Borrower Name : XXXX XXXX XXXX Property Address : XXXX XXXX XXXX, XXXX, GA XXXX Dear Sir, I have enclosed a copy of the letter that I sent to your firm dated XX/XX/XXXX. I have also have on file the Affidavit of Notice of Default that I sent your company in XXXX and several letters that are associated with your failure of verifying the alleged debt. . As of yet, neither you nor your firm have fully complied with my request. Under the Fair Debt Collections Practices Act, it mandates in FDCPA section 809 ( b ), 15 USC 1692g, if the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall CEASE AND DESIST collection of the debt, or any disputed portion thereof, UNTIL the debt collector obtains VALIDATION OF THE DEBT. In XXXX vs. XXXX, the collector can not get a judgment until the debt is validated. This letter is being sent to you in response to a Notice of Accerleration and Foreclosure dated XX/XX/XXXX. Please be advised that, pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g sec. 809 ( b ) that your claim IS DISPUTED and VALIDATION is requested. This letter requests VALIDATION of the alleged debt accompanied by an Affidavit from the Alleged Lender. Please provide the following : 1. Copy of the original alleged note accompanied by an AFFIDAVIT from the alleged Lender 2. Identify to what the alleged debt pertains. 3. Provide details how the alleged debt was calculated. ( XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX, XXXX, XXXX XXXX XXXX, XX/XX/XXXX. 4. Provide Regulation Z, and Notice of Right to Cancel ( Truth in Lending Act ) 5. Provide copies of any papers that show that I agreed to pay the alleged debt. 6. Identify the original creditor. 7. Provide the agreement between the creditor and your firm which authorizes you to collect funds ( without a contract, your firm has no right to foreclose ). 8. Provide evidence that the Statute of Limitations has not expired on this account. 9. Provide evidence that you are licensed to collect in my state. 10. Provide the legal address of the alleged owner of the note 11. Please provide positive and affirmative proof of claim that the alleged loan promissory note and the deed of trust were transferred into to the REMIC at closing and acquired by real estate investment trust pursuant to Title 26 U.S.C. 856 ( e ) ( 1 ) to whom you alleged is the foreclosing entity. Once I receive the requested information, I will require at least thirty ( 30 ) days to investigate this information. During such time, all collection activity must CEASE and DESIST. If your offices have reported unvalidated information to any of the three ( 3 ) major Credit Bureaus ( XXXX, XXXX, or XXXX ), this action might constitute fraud under both Federal and State Laws. If negative reporting is found on any of my credit reports by your company or the company that you represent, I will bring legal action against you, pursuant to the Fair Credit Reporting Act. Also during this VALIDATION period, if ANY action is taken which could be considered detrimental, including negative reporting to credit bureaus which could be inaccurate or invalid, I will pursue legal action. If your offices fail to respond to this VALIDATION REQUEST within 30 days from the date of XX/XX/XXXX, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I also request that your office make no telephone calls to my home or place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have to pursue legal action. All future communications must be done in writing and sent to the address noted in this letter by USPS or certified mail. This is an attempt to validate the alleged debt and to correct records, and information obtained will be used for that purpose. If foreclosure proceedings are not stopped before XX/XX/XXXX, I will send letters directly to Federal Trade Commission, the U.S. Attorney General Consumer Protection Office, Department of Housing and Urban Development ( file under RESPA regulations ), FDIC, Department of Banking and Finance and the Georgia Bar Association ( for disregarding and failing to comply with Federal Code ). The Fair Debt Collection Practices Act, Section 15 809, gives everyone who may have a loan certain consumer rights, whether or not the loan servicing has transferred. The FDCPA is intended for any DEBT COLLECTOR including MORTGAGES. If a borrower sends a VALIDATION OF DEBT letter to the present loan servicer, other alleged lender, or entity or company attempting to collect, all requested documentation must be provided to the borrower within 30 days of receipt of the request. During this 30 day period, the Lender or Servicer or Collector must suspend any and all collection activity ( including FORECLOSURE OF THE PROPERTY ) until the debt has been legally validated and VALIDATION has been received. If any debt collector fails to comply with the validation of debt notice the borrower is entitled to an award of actual damages, statutory damages up to {$1000.00} ( per count ), cost and attorneys fees. 15 U.S.C. Sec. 1692k ( a ). Class action relief is also available. 15 U.S.C. Sec 1692k ( a ) ( B ). Any debt collector who violates any provision of the FDCPA has a potential liability for the actual damages. A single violation is more than sufficient to support judgment for the borrower/consumer. See : 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 ). There can be actual damages which includes emotional stress, embarrassment, and humiliation caused by improper activities and conduct during their debt collection activities. The FDCPA allows recovery of Statutory damages limited to 1 % of the debt collector 's net worth or {$500000.00}, whichever is less. In summary, please respond to this request for VALIDATION of the Alleged Debt with an AFFIDAVIT and please provide answers to the ( 11 ) items addressed above. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-09-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-03
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan is currently held by Select Portfolio Servicing & am currently paying PMI since it's inception in XXXX. I have requested to cancel PMI on numerous occasions but it has fallen on deaf ears. Under the Homeowners Protection Act of 1998, if my loan is closed on or after XX/XX/XXXX as a single family primary residence & I am current on my loan payments, PMI will automatically terminate on the date the principal balance of my loan is first scheduled to reach 78 % of the original value of the property. This is a clause under Automatic Termination of PMI. I am currently under 49 % & still paying each month for no reason. I want them to be accountable & cancel my PMI as soon as possible & reimburse me thousands of dollars I have paid in PMI installments each month.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32720
Submitted Via: Web
Date Sent: 2018-09-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-02
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: SPS shows as foreclose started, however this process was finalized as a sale on XX/XX/2014
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33144
Submitted Via: Web
Date Sent: 2018-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-01
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I really do not know where to start at, I have been dealing with SPS- Select Portfolio Servicing since 2015, trying to do a deed in Lieu that I was approved for, due to me facing hardship at my job which caused me not able to keep my home, then I received a letter stating I did not have all the paper work I sent, I re-sent in all paper work via fax, next day postal service, an email and its the same story over an over now we are still here years later with the same issues we have found a realtor who is trying their best to help us yet are felling like what is really going on an why is it so hard to get results on a simple issue, granted no Deed in Lieu to transfer home back over, found a buyer to buy the house sent in all paperwork an still getting letters stating we are missing documents, every time we call its the same thing over an over we have sent in so much paper work Im tired I can not take it no more, SPS is very unprofessional no one knows anything, every time you call you get a different answer. they claim we had a relationship manager who we never spoke to accept once. SPS are sending us through the ringer an back, an its very sad to have to be putting up with this for over two years. I just feel this matter is above my head right now that is why I am looking for other resources to help me an my family now because enough is enough
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 700XX
Submitted Via: Web
Date Sent: 2018-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-01
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XX/XX/XXXX Certified Mail No : XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IA XXXX XXXX XXXX, GA XXXX Select Portfolio Servicing, Inc XXXXXXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XXXX : NOTICE OF VALIDATION OF ALLEGED DEBT Your File : XXXX Loan No : XXXX Borrower Name : XXXX XXXX XXXX XXXX Address : XXXX XXXX XXXX, XXXX, GA XXXX Dear Sir, This letter dated XX/XX/XXXX is to notify you, your firm and the mortgage company claiming ownership of this alleged loan and note, that I am exercising my rights under the Fair Debt Collections Practices Act as codified at 15 USC 1692, which stipulates that a debt collector must, if requested, provide validation of the alleged debt, i.e. validate the debt, per The Fair Debt Collections Practices Act, FDCPA. The debt collector ( Foreclosure Attorney, Bank, Alleged Lender ) is mandated under FDCPA to cease and desist ALL collection activity until validation of the original note is provided. This letter requests VALIDATION of the alleged debt accompanied by an Affidavit from the Alleged Lender. Please provide the following : 1. Copy of the original alleged note accompanied by an AFFIDAVIT from the alleged Lender 2. Identify to what the alleged debt pertains. 3. Provide details how the alleged debt was calculated. ( XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX, XXXX, XXXX XXXX XXXX, XX/XX/XXXX. 4. Provide Regulation Z, and Notice of Right to Cancel ( Truth in Lending Act ) 5. Provide copies of any papers that show that I agreed to pay the alleged debt. 6. Identify the original creditor. 7. Provide the agreement between the creditor and your firm which authorizes you to collect funds ( without a contract, your firm has no right to foreclose ). 8. Provide evidence that the Statute of Limitations has not expired on this account. 9. Provide evidence that you are licensed to collect in my state. 10. Provide your license numbers and the Alleged Lender 's Registered Agent. Please provide the above information within five ( 5 ) business days from the postmark date to : XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I ask that a manager simply review the notes in the file on just how many times underwriting has unnecessarily delayed the file by requesting documents already and file and even previously confirmed and documents completely irrelevant for example tax returns. I personally have explained the fact there are no tax returns because the borrower is retired and doesn't file a dozen times, there is even a letter of explanation on file. Something is requested, I explain via phone call, the person I speak to puts a note in the system to explain to underwriting, the request is squared away only to have something else come up the next week and the exact same process has to repeat again and again to the point of insanity. Just when it finally seems like the nightmare is over and I am told underwriting approved the file and the just need mortgage insurance to sign off ( even though there wasn't mortgage insurance on the last offer months ago when we got approval ... ) I find out today that they need a BPO because the one they have on file is expired. they state the bpo they have on file is from XX/XX/XXXX but I know for a fact a BPO was completed on the property on XX/XX/XXXX. The only way I can explain how this file has been reviewed and what ive had to deal with whilst negotiating the short sale is abuse. Read the notes, and one would see why this file is about to make me quit my job.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The short sale review process for this particular loan has been very tedious with SPS. We submitted an offer for the property in XX/XX/XXXX and was initially told that the Investor for the loan did not agree to interior valuations and solely relied on exterior valuations that amounted to $ XXXX. We submitted a value dispute on XX/XX/XXXX and was told by early XXXX that an interior valuation would be ordered based on the value dispute packet we sent. The property is in disrepair and needs not only foundational, roof and interior work ( walls, cleanup, etc ) but the garage is completely filled floor to ceiling with used auto parts, car oil that has not been properly disposed as well as other toxic contaminants from used automobile parts that have been stored in that garage for years. These pose a biohazard risk that not only affect the property, but the value of the property since the Buyer is more than willing to remedy these repairs once he buys the house. On XX/XX/XXXX, After letting us know that an interior value was to be ordered and all we had to do was wait for a phonecall, I continually followed up with SPS and asked them for the name of the BPO Agent that the valuation was assigned to. It took them 2 weeks to get me this information, despite the sense of urgency that I relayed to them. When I did get the BPO Agent 's contact, I contacted him immediately and connected him with the Listing agent who handles access to the house so they can schedule the interior valuation. The listing agent was successful in connecting with the BPO Agent but as soon as they scheduled an interior BPO, the BPO Agent stated that SPS had cancelled the order ( XX/XX/XXXX ). I called in to SPS Ombudsman immediately and spoke to XXXX XXXX and asked if we could get the interior value re-ordered since it was never fulfilled and we had insistently pursued this interior valuation for weeks until SPS bothered to give us the BPO Agent 's contact information. What's more the BPO Agent stated that he was calling a number that was not our office or my direct line and leaving messages at a number that has no connection to XXXX XXXX XXXXXXXX, XXXX. I explained this predicament to the SPS Ombudsman rep, who told me that they would not re-order the value because on XX/XX/XXXX, the value order was apparently cancelled, a variation had been done on the value and found no objections to the drive-by value of $ XXXX. What's more, I was told at that moment, one month later, that as of XX/XX/XXXX, the short sale had been declined and we needed to come up to the offer of $ XXXX. This is a vast difference of the information that the Ombudsman department had told me for an entire month regarding the file 's status. We were never told that the offer was declined and we were never told that the interior valuation had been cancelled for an entire mont. I explained that on that very same day of XX/XX/XXXX, I spoke to a representative named XXXX also in the Ombudsman Department that told me the exact opposite. Despite all this explanation, XXXX, the Ombudsman rep ignored all my requests to escalate the matter and ignored all my requests to speak to a Supervisor and kept saying her Supervisor was in a meeting and did not know when we was available. It's inconceivable that a homeowner be treated in this manner and denied a chance to short sale the home based on incomplete analysis of the house.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 011XX
Submitted Via: Web
Date Sent: 2018-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have tried everything in my power to keep my home but i have been denied for all options except Short sale. After finally my agent found a buyer and submitted an offer for XXXX the lender rejected it and wanted a higher amount. On XX/XX/2018 a Counter offer to Select Portfolio Servicing was submitted and have requested the Short sell to be reviewed. When I originally submitted my short sell request the offer was not accepted and a counter offer was requested, I have provided all documentation requested from me to comply with the counter offer. I and my realtor have been in constant contact with Select Portfolio Servicing to check on the status of the short sell. After submitting all documents to Select Portfolio Servicing I was informed that the Short sell was declined due to upcoming foreclosure date of XX/XX/18. I have filed a complaint with the consumer financial Protection Bureau, and have requested a qualify Written Request regarding Select Portfolio Servicing not allowing for a proper review of Short sell. You ( Select Portfolio Servicing ) will not review any workout solution and you are now forcibly trying to foreclose my home without following the proper procedures. If you proceed with this foreclosure you will be violating Homeowners Bill of Rights [ SB 900 ] in an illegal foreclosure. Under Dual tracking It is illegal for Select Portfolio Servicing to send foreclosure notice as negotiations for a modification or short sale are still underway, It is illegal for a lender to deny a short sale or modification without providing a written explanation and a 30 day period to appeal the denial. Under the denial Letter dated XX/XX/18 I am still intitled to a 30 day to appeal or review. I have submitted documentation XX/XX/18 for review. If you continue with the foreclosure I will be committed to proceed with a lawsuit and fight this illegal foreclosure.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91367
Submitted Via: Web
Date Sent: 2018-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A