Date Received: 2018-08-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/2018, Federal Judge for the XXXX District of South Florida XXXX XXXX. XXXX reopened the Bankruptcy case no. XXXX. The order was furnished to Select Portfolio via email to XXXX on the same day. We also spoke with servicer 's representative to confirmed receipt of Judge order and to discuss the sale date for XX/XX/2018. Because the Bankruptcy case was reopened the foreclosure action including the sale date must be canceled and the action must be placed on " inactive status ''. Select portfolio stated that they were aware of the case reopened because they have a system called PACER. Although the servicer had knowledge to the bankruptcy stay order they failed to cancelled sale date for XX/XX/2018 and place the foreclosure case in inactive status. The servicer 's action is a violation of Bankruptcy code 11U.S. Code 362 -Automatic Stay. The servicer has disregard for Federal Rules and also has engaged in Unfair business Practices. Cuurently we are being reviewed for a loan modification. The servicer continues to request documents over and over again just to get closer to the sale date. SPS continues to be deceiving in connection with the loan modification review. When we satisfy all loan documents requirements, SPS would communicate that no other information is needed and that underwriting will have a determination within 30 days. Instead of making decision, SPS will request document all over again and start at new. SPS has been playing this game for a while. There only objected has been to get closer to the sale date. At this juncture we request for sanctions. SPS has violated Bankruptcy code 11 U.S. Code 362 and continues to deceived us in connection with the loan modification request and process. Sanctions are appropriate.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33032
Submitted Via: Web
Date Sent: 2018-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage is currently being serviced by Select Portfolio Servicing ( SPS ). In XX/XX/2018 I changed homeowners insurance companies & submitted the info to SPS for processing because I have an escrow account. It later came to my attention that I did not have adequate coverage & was forced to cancel the policy obtained XX/XX/2018 & secure a new policy on XX/XX/2018 with XXXX. I received a letter from SPS dated XX/XX/2018 stating my mortgage payment would change from {$1200.00} per month to {$1400.00} per month beginning XX/XX/2018. I contacted SPS on XX/XX/2018 & the first representative placed me on hold for over 15 minutes because she did not understand how to review my account & had to seek assistance from a supervisor. I then called back & spoke with XXXX. I inquired as to whether SPS had received the refund from XXXX XXXX XXXX because an analysis had been completed on my mortgage. XXXX informed me that there was no record that XXXX had received the refund from XXXX XXXX XXXX. I then inquired as to why an analysis had been completed on my mortgage & I just cancelled the policy with XXXX XXXX XXXX on XX/XX/2018 ( not even 2 weeks had passed ) & was waiting for the refund to be issued. XXXX told me that an analysis is completed at the same time every year. I explained that the only reason why an analysis would be warranted at this time is because I had to switch insurance companies again. My complaint is that SPS business practices are flawed in that they did not allow adequate time for my escrow account to be refunded before conducting another analysis. The difference between my cancelled policy with XXXX XXXX XXXX & my new policy with XXXX is approximately {$300.00} +/-. This difference should not increase my mortgage over {$200.00} per month as stated in SPS most recent analysis on XX/XX/2018.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77545
Submitted Via: Web
Date Sent: 2018-08-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-16
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: My mortgage payments are not being reported to any credit bureaus. When I called the lender, they say the payments were not being recorded because the home was never " reaffirmed ''. This is seriously impacting my credit score. I have been through three bankruptcies and have finally bounced back from the XX/XX/2008 financial crisis. However, my home is still severely underwater and not having my on-time mortgage payments recorded for three years is making rebuilding my credit more difficult. I have tried rebuilding with credit cards ; however, that is what got me in trouble in the first place! I just want my mortgage payments reported and I would like for them to be reported retroactively.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30038
Submitted Via: Web
Date Sent: 2018-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have a home loan with Select Portfolio Servicing that is currently in arrears, and am in danger of losing my home due to their questionable servicing and business-related practices. I have been trying desperately nearly 2 years now to get Select Portfolio Servicing to work with me on a reasonable payment plan, restructure, loan modification or forbearance but I have had no luck cutting through the red tape. My pleas for help have been completely ignored. I have not been designated a single point of contact, which makes matters even more frustrating. Select Portfolio Servicing received XXXX XXXX dollars in incentive payments for loan modifications from the Department of Treasury as part of programs such as Making Homes Affordable. Research indicates that as of XX/XX/XXXX, only XXXX XXXX dollars of the received funds had been disbursed, thus giving SPS the means to continue to help homeowners like me on the governments dime. Wheres my bailout? I do not want to lose my home, and desperately need your offices help! In XX/XX/XXXX, my mother and father acquired the subject property signing a purchase money. In XX/XX/XXXX, I inherited my parents home by way of my mom deeding the property to me. Later the same year I refinanced my home signing a mortgage originated with XXXX XXXX. XXXX XXXX agents offered me one of the most predatory loans known to mankind, a Neg-Am Loanalso known as a Negative Amortization Loan. As a result of trusting the word of the licensed professional representing XXXX XXXX, my principle balance has doubled. In XX/XX/XXXX, I received assistance via a loan modification. Nevertheless, I tendered my mortgage payments on time, as agreed, for 5 years. My loan has since been transferred, most recently to Select Portfolio Services. Next, in XX/XX/XXXX, my mother became ill and my sister, XXXX, moved in to assist with caring for our mom and contribute to the household finances. In XX/XX/XXXX, our mother scummed to her health issues. My sister and I incurred a substantial amount of out-of-pocket hospital, medical treatment, funeral and burial expenses as a result. Due to the aforementioned events, we began to struggle to tender our mortgage payments on time. We did the best we could to keep up with our mortgage payments, going so far as to deplete our savings and reserves, but we eventually defaulted on the home loan and were moved to foreclosure status. In XX/XX/XXXX, I contacted XXXX XXXX agents advising of my struggles to tender my mortgage payments. XXXX XXXX XXXX agents offered me an opportunity to apply for a loan modification. I completed and returned approximately 6-7 loan modification applications along with all the requested documents. After receiving what seemed like the paper chase and run-around, no decisions have been rendered. In XX/XX/XXXX, my loan was transferred to Select Portfolio Services. I have attempted to work things out with Select Portfolio Services agents applying 2 additional times, but all of my efforts have yielded negative results. SPSs agents have been extremely unwilling to work with me. I have not been designated a single point of contact. No other home retention options have been offered and no review of my current financial circumstances has been opened or discussed. This is an avoidable foreclosure, and this madness must stop. Why cant SPS open a full and fair review of my current circumstances in accordance with government guidelines? I am sure that there are programs such as a reasonable payment plan, restructure, or loan modification, that homeowners like me have the right to be reviewed for. Instead, SPSs agents are pushing to foreclose on my home, and have not worked with me fairly.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07055
Submitted Via: Web
Date Sent: 2018-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-15
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: My business was with XXXX XXXX company and XXXX XXXX. i was refinancing my mortgage from XXXX to XXXX XXXX. After the process was finished 3 months later i received a letter from a company called XXXX XXXX XXXX ( SPS ). i have no idea who they are and why they were sending me a letter stating that the pay off for the refinance was short and i now owe them $ XXXX.i disregarded their letter as i had no idea who they were and my business was not with them. after receiving another letter from them my wife called them and questioned them about the letter and their responds was you owe us. Me and my wife ignored their letters as i said my business was not with them.after receiving a letter from them every month with the amount of money owed escalloping and almost 2 years of harassment i hired a lawyer to get to the bottom of this matter. As time mounted this company SPS put me and my wife on as non payment at the credit Bureau. My wife and i have looked this company up and read many complaints about them. Obviously after my attorney contacted them they have settled and i did not have to pay them a penny owed. But now they have damaged my credit with the credit bureau for the next 7 years with their report to the credit bureau. i want this company to remove their complaint about me and my wife to the credit bureau. Select Portfolio Servicing. Account number XXXX. XXXX XXXX & XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32060
Submitted Via: Web
Date Sent: 2018-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-15
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: Foreclosure Due to Denial Loan Modification Requests Trustee : : XXXX XXXX, XXXX Trustee for XXXX XXXX XXXX XXXX Loan # : : XXXX Current Securitized Mortgage Servicer : : SPS Select Portfolio - Loan # XXXX Our current mortgage servicer is ( SPS ) Select Portfolio Servicing, as of XX/XX/XXXX as a result of a transfer by our former servicer, XXXX XXXX XXXX. ( Please note : We have had 6 mortgage servicers dating back to XXXX ) on our Non-Agency Securitized Mortgage since originated in XXXX with XXXX XXXX XXXX XXXX Since XXXX, we have been " denied '' participation in all Mortgage Modification Programs on 54 occasions even though our circumstances and financial status deem us eligible. 52 of the denial letters have indicated the reason for denial by all past and present servicers in loan modification denials signed by XXXX XXXX, XXXX XXXX indicating " the loan investor/ Loan owner ( XXXX XXXX Mortgage Pass through Certificate investors and trustees ( XXXX XXXX XXXX ) does not authorize/permit loan modifications '' In our most recent attempt to apply for any/all available loan modifications through SPS have also not been successful and we have been " verbally '' told that it is due to language in the Pooling & Servicing Agreement ( dated XX/XX/XXXX ) restricting modifications, the PSA is a document that was filed with SEC almost 14 years ago and has never been updated. ( Note : : XXXX XXXX Trust last filed documents with the SEC in XXXX ). SPS indicated in XXXX of XXXX that they saw no language in the PSA prohibiting loan modifications on our mortgage, and have repeatedly encouraged us to apply for Mortgage Assistance to save our home of which we complied with completed application submissions on 13 occasions with SPS our current Loan Servicer. We have had 6 Mortgage Servicers to date and have applied for Mortgage Assistance 56 dating back to XXXX at the continuous encouragement by all Mortgage Servicers. Despite our pleadings for assistance, none of our Servicers to date have complied with our request to contact the investor/loan owner on our behalf for an exception or waiver permitting a 1 x loan modification. We have also made over 47 attempts to XXXX XXXX, XXXX directly for assistance with this matter as they are referred to as the Trustee & Master Servicer of our mortgage which we now understand was a faulty securitization scheme in XXXX.They have indicated that they do not have contact information on the actual investors/loan owner, yet XXXX XXXX XXXX XXXX as trustee and " Master Servicer '' per the XX/XX/XXXX Pooling & Servicing Agreement ( attached (. XXXX XXXX, XXXX XXXX, has indicated that they have no jurisdiction as the trustee to assist us with information that would assist us with our Loan Modification requests. Additionally, there have been a number of Falsified Mortgage assignments on our mortgage by XXXX XXXX, XXXX. Additionally as stated above, please provide response to SPSs outreach attempts to the unidentified investors on ourbehalf requesting a waiver permitting SPS to modify our loan. We have requested on multiple upon muiltiple occassions for confirmation with supporting documentation including dates of outreach as well as a detailed outcome containing investor response, and to also include outcome of follow up by SPS to the Trustee and Master Servicer XXXX XXXX, XXXX in response to our requests for a waiver permitting SPS to modify our mortgage.Also as requested on multiple occassions, please provide investor contact information as well as XXXX XXXXXXXX XXXX XXXX & Master Servicer contact information ( including names of individuals at XXXX XXXX ) who responded to SPSs request on our behalf for a waiver to modify our loan, including the dates on which SPS made these requests. Addfitionally please provide us with a copy of the supporting PSA Language that indicagtes that the servicer is not allowed to modify our mortgage including any language referring to a Waterfall Modification Approach that the servicer is at liberty to use to modify our mortgage. I understand that the PSA language form XXXX referrs to XXXX XXXX XXXX as the servicer. I would expect to see a present day PSA that references SPS as the present day servicer. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Dear, CFPB I have a pending foreclosure issue. After dealing with numerous hardships with regards to the residence, I have been trying to rectify the default issue with XXXX XXXX XXXX to no avail. Bank-servicers have been changed a couple of times and I feel its a ruse not to assist me, instead foreclose ; against the DODD FRANK GUIDELINES. l started working with XXXX XXXX XXXX XXXX, Manager XXXX XXXX, to rectify the default, after numerous conversations back and forth, XXXX XXXX agreed, stated, " I have direct contact with loan investors '' attempt to lower the ( reinstatement-amount ) to a workable figure so l could retain my home and stop the foreclosure procedures. Unscrupulously lending practices, l was suddenly switched to another loan servicer, SELECT PORTFOLIO SERVICING, inc. and instructed to deal with Manager, XXXX XXXX. After numerous telephone calls to SPS, l finally reached Ms. XXXX due to the fact, she has no answering inbox service which is unprofessional and a time of the essence issue. Ms.XXXX, in sum in substance, stated she isn't aware of any agreement, l previously made and it is not documented in file anywhere, she isn't honoring any agreement, nor does she have direct contact with home investor! submit my paperwork for modification if l wanted to, because there isn't a court date yet! l then asked to speak with a person of authority, her Manager, she stated that I could not and hang-up! XX/XX/2018, XXXX, I received a telephone call without a message an ( hang-up ) XXXX ( XXXX ) XXXX ( UNPROFESSIONAL ) I also submitted a Debt Validation letter requiring them to furnish a break-down of list of fees charged and listed and l never received it, XXXX XXXX XXXX, had errors regarding fees they where listing in their documents, l feel this is why they negotiated with me to restate the mortgage to a normal workable amount, little did l know what was planned to transfer to another servicer ; at the ninth hour.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Good morning, SPS is our servicing company ( Select Portfolio Servicing inc. ). We have tried on several occasions to try and resolve our issues with our mortgage. Our investors is XXXX XXXX XXXX so we are told. So unsure of what we have been told at this point as we received different information in a letter stating that XXXX XXXX XXXX XXXX was our investor. I called SPS and was told no they held title not the investors.We have requested this information on several occasion and to no avail no information.We Recieved a letter dated XX/XX/2018 letting us know that we could apply for home retention options. The letter was dated XX/XX/2018 it was received XX/XX/2018 this seems to be a major business practice mistake. these letters seem to all be time sensitive and yet we recieve them late so there bussiness practice of mailing is unjust.. We called and were told we needed to go online to reopen our file. I let them know our circumstances had changed and we had cash to bring in to help with our possible modification or deferment option. we went online and of course it would not allow that option. we called back they said only option was short sale or relocation assistants. WHAT HAPPENED??? we are outside of the 30 day sale date. Not fair bussiness practices at all. Then I requested a call back from our relationship manager on Friday he called back at our request he returned our call Monday XX/XX/2018 and said we have no options only relocation. We asked why is the short sale not an option he said we had less then 30 days before our sale date. Again bad bussiness practice!!! We actually received a call Friday the XX/XX/2018 the gentleman told us to try opening a review online he said he could not do it all he could offer was short sale re relocation and he did not no why that is why we requested a call back from our relationship manager. Fast forward 3 DAYS later nothing avaiable sorry get out you will have 30 days if does not sale! WHAT KIND OF BUSSINESS PARCTICE IS THAT! 13 years we have lived hear sorry nobody informed you you need 30 days for short sale which is not true at all.There are some major business practice mistakes. We have neen tricked into filing an appeal in which they already were prepared to anserew do to a occ complaint and incorporated our appeal which by the way did not address our issues all of them and they did this so they did not have to postpone the sale date. Im speaking of the XX/XX/2018 sell date. They used an appraisal that was not not photos of our home. The law states that you will have and be appointed one point of contact to help you as a consumer complete the modification process. Although they sent you a person name an contact info you rarely speak to that person and there is were the MAJOR SERVICING MISTAKES HAPPEN!!! You are given so much different information depending on who you speak too You can request call ll back and it takes 24 to 48 hrs. from your realationship manager and the you are told sorry you no longer qualify. your one day short. 1. Major servicing Mistakes 2. Letter dated XX/XX/2018 stating we can apply for home retention not honored over looked. 3. Appeal letter dated XX/XX/2018 not mailed right away we did not receive it until XX/XX/XXXX noting details that were not accurate. giving us less then 30 days from sale date with no options? 4. Misrepresentation of stipulation order! 5. no term extension offered 6. princiable reduction not ever addresed 7. Im XXXX i feel a bit of discrimination is happening never addresed 8. You offered assumption you have not adressed why you canceled it had nothing to do with us failing on our stipuation agreement.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92673
Submitted Via: Web
Date Sent: 2018-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Docket # XXXX XXXX XXXX XXXX XXXX. as Trustee on Behalf of The XXXX XXXX Trust Fund C/O Select Portfolio Servicing , Inc. vs. XXXX, XXXX XXXX On XX/XX/2018, Appeared in court with Plantiff 's counsel XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX Phone Number ( XXXX ) XXXX Agreement to vacate property by XXXX and would receive a check for {$12000.00}. To date no payment received and I am getting the run around trying to speak with anyone that has a clue what is going on at SPS?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ME
Zip: 040XX
Submitted Via: Web
Date Sent: 2018-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: account # XXXX address XXXX XXXX XXXXXXXX XXXX XXXXXXXX ca XXXX " Qualified written Request " STOP FORECLOSURE. IMMEDIATLY TOXIC LOAN 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 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 XXXX. 4. All records, electronic or otherwise, of assignments of my mortgage, promissory note or servicing rights to my mortgage including any such assignments on XXXX. 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 XXXX2018 ... ... ... ... ... ... ... ... ... ... .. Signed by Home owner *XX/XX/2018 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 XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX 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: 2018-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A