Date Received: 2018-07-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We had a loss of income in XXXX and tried to get a loan modification from XXXX XXXX loans. During the modification process the investor ( XXXX XXXX ) sold the loan to XXXX XXXX XXXX for servicing. We then started the modification process with them. In XXXX XXXX loan was identified and flagged as part of Department of Justice settlement with XXXX XXXX XXXX at a XXXX event. We continued the to submit documentation. While in waiting for settlement documentation from the Department of Justice. On XX/XX/XXXX XXXX XXXX XXXX notified us that Select Portfolio Servicing was now Servicing the note. XXXX XXXX moved our loan again. Sps stated they did not have to honor the Department of Justice settlement or work with XXXX. Started modification with SPS. They began foreclosure process under XXXX XXXX XXXX on documents with SPS lawyers. Stating they did not have to refile.we now have submitted rma documents for a modification on XX/XX/XXXX since making homes affordable no longer exist?
Company Response:
State: IL
Zip: 60123
Submitted Via: Web
Date Sent: 2018-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have very big concerns regarding my home and Select Portfolio Servicing. They have placed my home on a foreclosure sale and has not yet removed the sale due to my loan modification in review. SPS has all my loan modification documents needed for a review they are reviewing it but still have the foreclosure sale up on the trustees site and when asked Select Portfolio Servicing they say its still active. How if im in review they still have the sale up. Im really worried about them selling my home. They have been jumping me around for a very long time now with my loan modification. I can not get a loan modification without them threatening me with a foreclosure sale date. I still to this day can not get a loan modification they always denying my loan modification. Please help me with this I have sale on my home XX/XX/2018 I am out of options I do not know what else to do for them to stop the sale and give me a loan modification. Please help me please I need someone to talk to about this. They are violating my Home Owner Bill of Rights and I need the sale stopped imminently for my modification to go through. This is way too long over two years now and I can not get an offer. Im ready to pay my mortgage but need help setting up and receiving a loan modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95630
Submitted Via: Web
Date Sent: 2018-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-23
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Status of account is correct, however the servicer shows the account as behind.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 303XX
Submitted Via: Web
Date Sent: 2018-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: TO : Consumer Financial Protection Bureau ( CFPB ) RE : Select Portfolio Servicing Errors and Pending Wrongful Foreclosure Dear Sir or Madame, Your attention is kindly requested regarding the serious error that was made by Select Portfolio Servicing ( SPS ) and the dishonest practices and delaying tactics used by the prior servicer of my XXXX Option Arm mortgage loan, XXXX XXXX XXXX. A Select Portfolio Services representative has claimed that my Request for Modification Application was never received during or after the servicing transfer of my mortgage loan account to them, but refuses to correct their servicing transfer error in light of this fact. Their claim is also highly implausible and demonstrably untrue. In fact, my Mortgage Relief Modification Applicaton was under submission at the time of the servicing transfer to SPS. Therefore, the only explanation for this error is that SPS either ignored or lost my applicaton in the servicing transfer. The claim that they did not receive it is dubious for the following reasons : 1. It is my understanding is that banks and servicers are legally required to review home retention applications that are already under submission, even if the account is transferred from one servicer to another. Therefore, the original servicer was legally bound to transfer my pending modification application to SPS along with my account records and the servicing duties of my account. 2. Moreover, I mailed a duplicate copy of my submitted application directly to SPS, after the servicing of my account was transferred from XXXX XXXX to SPS. 3. It is also my understanding that servicers are legally required to render a determination and provide notice to the borrower regarding whether they are or are not considered eligible for a modification and servicers must also provide required disclosures along with their determination. To this date, I have received nothing of substance from SPS regarding my pending application that was transferred to them. 4. Therefore, since no determination was ever received from the prior servicer before they transferred servicing of my mortgage loan to SPS, logically, my pending application would have remained legally active and would have been transferred to SPS along with the servicing records and responsibilities. 5. Furthermore, servicers are required to render a decision prior to taking steps to foreclose. Therefore, I believed this requirement would be a deterrent, because any steps SPS would take toward a foreclosure sale without providing a determination on my application would be a violation of law and would result in Wrongful Foreclosure. 6. Lastly, because the application was still pending and no required determination or response was provided, it is highly implausible that the application was not transferred and SPS did not receive copies of my application. The implausibility is even more evident, since I also directly mailed another copy of my application to SPS myself. On a related matter, In my effort to prevent further Errors and Wrongful Foreclosure, I phoned SPS on XX/XX/2018 to inquire regarding my Notice of Errors and request for a brief sale postponement I sent, since I have not received a response from SPS regarding their errors to this date and my concern that the upcoming trustee sale is in only a matter of days. During the phone call, I, again, requested that SPS temporarily postpone the XX/XX/2018 trustee sale of my home, so that the errors can be corrected regarding my pending application that was under submission at the time of servicing transfer, especially since there was an error, as they claim it was never received. At this point, a brief postponement of the trustee sale would be mutually beneficial and would allow time to resolve the outstanding issues, ( e.g. SPS failure to review my pending application, subsequent unwillingness to engage in loss mitigation or allow me to re-submit the [ allegedly ] missing application, their wrongful dual tracking and other errors that I recently complained about in my RESPA, Notice of Errors letter sent XX/XX/XXXX, sent again XX/XX/XXXX and, a third copy sent on XX/XX/XXXX ). Also, a brief postponement of the sale and a mutual resolution would also provide another benefit. It would prevent the necessity for further litigation and new lawsuit for Wrongful Foreclosure. Unfortunately, however, during my XX/XX/XXXX phone call to SPS, I was informed, verbally, that SPS refuses to postpone the trustee sale and continues to refuse to assist in reaching a resolution to the errors. I have also not received a reply to my earlier Notice of Errors, Requests for Information, and Qualified Written Requests to this date, XX/XX/XXXX, and the pending sale is extremely near. Regarding the transfer and timeline, when the original servicer transferred my account to SPS, it was my reasonable belief that my Application for Loan Modification ( that was under submission with the prior servicer at the time of the transfer ), would also be transferred with my account and would be reviewed by SPS. I also believed SPS would ultimately render a determination, as required. However, in light of the unexpected servicing transfer and the preventive safeguards I took, I was willing and accommodating to SPS by patiently waiting for them to follow through with a determination. I courteously allowed them more than ample time to acclimate themselves to to the mid-stream transfer of my account, and was considerate of their late-coming to new, incoming accounts and servicing responsibilities. Also, since I have never experienced a servicing transfer before, especially during the active process regarding a loan modification application, I was unfamiliar with the transfer and processing timeline. Therefore, when SPS took a long time, I reasonably believed the excessive delay was due to the unexpected transfer. Further, the delay did not seem abnormal regarding my pending application, since, in my experience with the prior servicer, they had caused a significant delay in the processing of my application over a lengthy period of time. In fact, the original servicer took long periods of processing time and would sometimes make intermittent requests to re-submit same or similar documents that were already submitted for varying and questionable reasons. However, after diligently providing my last submission in full compliance with the servicers stated requirements, my application was complete. In addition, with no further revisions or requests for information forthcoming thereafter and, in particular, because no final determination had been rendered on the submitted application by either servicer, based on the foregoing facts, it strongly indicated to me that my last submission was, in fact, complete and I did not worry that it would not ultimately be reviewed by SPS at some point in time after the transfer. Also, due to the fact my application was provided to both servicers and in light of the significant legal requirements placed on servicers, I was more than confident that my pending application was being handled properly and would ultimately be processed. Therefore, I reasonably believed SPS received and would review my pending application at some point in time after the transfer. After patiently waiting for SPS to review my application and provide me with the required determination regarding my eligibility, in accordance with RESPA and California HBOR Civil Code requirements after the transfer, ultimately, no determination was ever forthcoming and that is when the transfer error came to light When the error was, in fact, discovered some months after the transfer, I then requested that I be allowed to continue the home retention loss mitigation and re-submit the allegedly lost application. However, SPS wrongfully refused to allow me to re-submit my ( missing ) application and, in light of their claim of never receiving it, their refusal to correct the transfer error constitutes a violation of the Dodd-Frank Act provisions and California State Law, Civil Code - CIV 2924.11 ( a ). Their earlier refusal, also, caused the unnecessary burden of having to seek and hire an attorney in XX/XX/XXXX and to file suit. However, during the litigation, my attorney told me that SPS continued to refuse to allow me to re-submit my application or any home retention options. The lawsuit wasted even more time. Although I dismissed the attorney for reasons of impropriety, it appears SPS now continues their wrongful refusal to correct the transfer error and loss of my pending application and is unwilling to seek a mutual resolution, which will now cause further litigation and a repeated necessity to hire another attorney. Also, I was told verbally that SPS also refuses to postpone the sale to allow time to affect a mutual resolution, in spite of the fact that the upcoming sale will, further, result in new litigation for Wrongful Foreclosure. Regarding my current Qualified Written Requests, Notice of Errors and Request for Information submitted on XX/XX/XXXX to SPS in accordance with RESPA, Section 6 of the Real Estate Settlement Procedures Act ( 12 U.S.C. 2605 ), the letter also included some previously ignored and unanswered questions. The XX/XX/XXXX QWR letter also pointed out the servicing transfer error and SPS 's failure to properly review my active application that was or should have been transferred to them. To be doubly prudent, I sent a duplicate copy of the QWR, Notice of Errors and Request for Information by two methods, regular and Certified Mail, and in accordance with the law and the requirements under RESPA, and Reg. X, 12 C.F.R. 1024.35 ( d ) and ( e ). 2 Reg. X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( B ) and 1024.35 ( f ) ( 2 ) ; Reg. X, 12 C.F.R. 1024.35 ( f ) ( 2 ). Since I have not received a reply to my Notice of Errors to date and considering the trustee is in a matter of days, I am very concerned and believe that a grievous error may, possibly, occur regarding SPSs lack of compliance with the law regarding transfer and processing of home rentention loss mitigation applications and for the Wrongful Foreclosure and sale prior to correction of this error. This has brought to the forefront my unfortunate understanding and realization that the transfer error phenomenon is widely known as Mod in Flight in the mortgage industry and is a common business practice. The entire servicing transfer debacle, that is allowed to take place during an active process for loan modification, seems highly strategic and unfair and is very detrimental to struggling homeowners. Furthermore, there is a great need for legislation to prevent such servicing transfers, during and while banks or servicers are mid-stream in a pending loss mitigation process for mortgage relief for homeowners. In fact, so long as a modification application has been timely submitted, as requested by the servicer, and no determination, either way, has yet been rendered on the application, absent extreme extenuating or emergency reasons, ( e.g. the dissolution of the bank or servicing company ), the practice of mid-stream servicing transfers should be banned. In fact, the Mod in Flight errors and servicing transfer practices are a fundamental injustice and should never be allowed. Your attention and assistance in this matter will be greatly appreciated.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94538
Submitted Via: Web
Date Sent: 2018-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I telephone XXXX XXXX and asked an attorney to review my reconveyances and why am I still paying on a loan. They reviewed the documents and stated the property is clear no outstanding loan pending. On XX/XX/XXXX I wrote to Select Portfolio Servicing , Inc . XXXX XXXX XXXX, XXXX XXXX XXXX, UT XXXX requesting reconciling my accounts they are servicing because the attach reconveyances are Full Reconveyances and there is no pending loan on my property. They denied this and provided documents of a loan number that is not mine. I contacted XXXX XXXX again and they informed them of their status and XXXX XXXX sent them a letter to cease and discease colletion. XX/XX/XXXX they are still sending payment coupons ( upon which I have allowed my payment to laspe one month until this is cleared ). Present mortgage payment are XXXX {$490.00} and XXXX XXXX. XXXX I paid an real estate attorney {$5000.00} to help in my not owing anything on the property without success. I was referred by XXXX XXXX to another attorney this year XXXX and brought my payment which he returned because he said he could not help me. I was referred to a third attorney for him to file for a clear title but he stated I need to provide him proof by bank statement ( XXXX XXXX XXXX, XXXX ) or check showing I paid the amount. I have letters from XXXX indicating thank you for paying off your home loan. I visited XXXX Bank and requested that they provide me with XXXX statement but they indicated they were not able to provide this because bank records are destroyed in seven years. I receive advertisement from financial institutions ( 2 ) this year ( XXXX ) indicating they are able to refinance my loan with XXXX of {$240000.00} and {$45000.00}. I call them back and advised that this loan has been paid and I do not want to see your name on my credit report. I asked how did you get this information and response was this is in your history on this property. I went to XXXX XXXX XXXX County Registrar Recorder office and this is in my history under account numbers I never saw. I reviewed my paperwork and found that XXXX transferred my loan for servicing to XXXX XXXX XXXX who had the account numbers on their first letter for payment under their company and during their servicing my loan they changed the number and never cleared the number of the loan. XX/XX/XXXX I wrote XXXX requesting them to clear this erroneous information from my property and the letter returned undeliverable. XX/XX/XXXX I need help in obtain the XXXX statement showing my payment of this property which then the 3rd attorney will take my case.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90301
Submitted Via: Web
Date Sent: 2018-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS needed the XXXX ( included see proof ) was faxed prior to due dated!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90275
Submitted Via: Web
Date Sent: 2018-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan was bought out by Select Portfolio Servicing XX/XX/XXXX from XXXX XXXX XXXX. When SPS inherited my account they informed me that I was 1 month behind. I have been disputing this since they took over my loan. I have provided proof of payment for XX/XX/XXXX and XX/XX/XXXX. Once they received my proof of payment I was then told that " my missing payment '' is from another month. I asked what month and they have been unable to give me a specific month. They did send me what they claim is a payment history from XXXX but it was so microscopically small that it was impossible to read. I called them and told them the statement history could not be read. They sent me the exact same copy I had previously received. To this date they have been unable to tell me what month was unpaid. I simple do no know how that is possible since I made my mortgage payment at the bank/branch window. XXXX will not accept a partial payment at the window, I know this because I have tried before I was approved for a modification. I recently went through a series of health issues that I was heavily medicated for. I accidentally issued 2 online payments for the month of XX/XX/XXXX. They refuse to return one of my payments because they now consider my account " current. '' My bank is unable to assist me since payment was sent out in a check. I now have an overdrawn account and bills and food that will not be paid nor purchased for the rest of the month. If there is anyone that can help me, I really need the help to resolve this ongoing issue.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91342
Submitted Via: Web
Date Sent: 2018-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The modification process was underway with all documents turned in for review. Certain social security payment questions came up at the last minute and I was contacted by phone for clarification. I spoke to two different agents for over one hour. At the conclusion of the conversations The agents informed me all questions were answered and no other information was needed so the file was sent to the underwriters. Rather than my file obtaining a review I was surprised by a determination that my request for assistance was closed out due to social security income questions. After calling and requesting a in person meeting with the servicer I was told they could not meet to discuss my account as XXXX once did before the transfer. The servicer could not find record of the long hour plus conversations I had with the in house agents and explained I would need a court subpoena to get any phone records released for my records. I explained to the servicer that the Justice department had recently reached a settlement with the beneficiary of the asset backed certificate associated with my account. The servicer stated since I was not in a review and the sale date was very close nothing could be done. I reached out to the monitor of the recent settlement with DOJ and was informed that my account was with the legal team for research but it would be a good idea to contact the cfpb at once considering the pending sale date. The settlement monitor in New York stated I could be a recipient of relief based on the settlement but the sale date would need to be postponed to allow time for the process.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 900XX
Submitted Via: Web
Date Sent: 2018-07-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: my wife got hurt at work XX/XX/2017, she didn't receive any money while she was out. we fell behind on our mortgage, we contacted SPS and tried to work things out with them without no prov ell. Our regular mortgage payment is {$1600.00} a month and all they did is come back to us and afford us a repayment plan of {$3100.00} a month. we request numerous times for a modification and were told we are not eligible. we also tried to get a copy of our original mortgage documents from beneficial but they won't return any of our calls, emails, and letter, because we believe that we had a XXXX insurance in with our mortgage, and if we did out payments should be picked up by the insurance and we wouldn't behind.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 18504
Submitted Via: Web
Date Sent: 2018-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My name is XXXX XXXX. Me and my wife XXXX XXXX are proud residents of the great state of New Jersey for over 25 years and we have one of our sons serving this country in the military. My family and I have lived in our house for over 17 years, but due to unfair treatment by our mortgage servicers ( currently Select Portfolio Servicing ), we are in danger of losing our home. I was a city bus driver for many years. Like many people, I lost my job in XXXX. We were able to modify our mortgage then, but unfortunately I was laid off again in XXXX. At that time I contacted our lender to get help. We applied for a modification repeatedly but never got a decision due to incomplete files. Each time I contacted them I spoke to a different person. I feel like we were given the run-around. To make matters worse, they called often looking for money but would never help us. Each time we sent in new applications and paperwork it started all over. No decision, only incomplete files and another new person to speak to. It has been very frustrating! There must be rules or regulations that prevent such awful treatment when people are making an honest effort to resolve a financial problem like this.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 075XX
Submitted Via: Web
Date Sent: 2018-07-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A