Date Received: 2018-06-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX Ref : SP Servicing ( SPS ) Account # XXXX Property Address : XXXX XXXX XXXX XXXX, XXXX XXXX, TX XXXX Dear Sir or Madam ; There are several main reasons for my personal hardship, with special emphasis on numbers 4-8 : 1. I was unemployed from XX/XX/XXXX until XX/XX/XXXX. I received unemployment compensation during that time, lived on my saving and still managed to pay the mortgages. 2. The tenants for the property lease expired XX/XX/XXXX and I could not find a tenant after XX/XX/XXXX, after school started. School started early in XX/XX/XXXX, by XX/XX/XXXX. 3. I suffered damage to my personal home from Hurricane Harvey. FEMA did not pay and they referred me to the XXXX, who denied me a loan. 4. I was granted a Hurricane Harvey Waiver through the XXXX ( XXXX ) HHW Program in XX/XX/XXXX, where 4 months of payment would be added to the end of the loan, and regular payment were to start XX/XX/XXXX. I made the XX/XX/XXXX payment early in XX/XX/XXXX. 5. XXXX sold my loan to SPS and did not send over all my files, especially those documenting the XXXX HHW program. 6. Without my knowledge, consent or discussing it with me prior to SPS taking other action, SPS put me into another program without discussing my options or attempting to locate the missing HHW program from XXXX. The SPS arrangement raised the payment from approximately {$2700.00} to {$3800.00} a month, which I can not afford. Now I am force to either sell the property or go into foreclosure. 7. When I tried to make the payment for XX/XX/XXXX, when SPS told me they did not have a signed XXXX HHW documents for me for the program nor an electronic copy. SPS claims they have no knowledge or paperwork related to the program and claim they have all related XXXX documents on my account. After having several conversations regarding this matter with them, the SPS representative stated they received all XXXX records in XX/XX/XXXX. Thats when it became clear to me XXXX did not relinquished all required files for me to SPS, or SPS loss key private documents in transits which violated the data privacy laws. 8. Also, effective XX/XX/XXXX, the GDPR is in effect for European countries or US companies doing business globally, which XXXX fall into that category, probably SPS as well. Violating that law required mandatory data breach notification within 72 hours ( which I have not received ) and steep fines of up to 4 % of global revenues. I am formally requesting you contact XXXX for the approved Hurricane Harvey Waiver Program documents and honor them. I feel I am forced into this situation because both your organizations dropped the ball in completely transferring my files over, as required. SPS is forcing me to sell my house. If I were allowed to go through the CM-HHW program, with them placing the four months ( XX/XX/XXXX through XX/XX/XXXX ) at the end of the loan, I owe approximately {$10000.00} not {$24000.00}. Finally, I am only behind the {$10000.00} because SPS refused to take a normal payment of {$2700.00}. Thank you for your consideration. XXXX XXXX XXXX XXXX, TX XXXX
Company Response:
State: TX
Zip: 77459
Submitted Via: Web
Date Sent: 2018-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am complaining about SPS telling XXXX XXXX XXXX XXXX to take my money and forcing me to do a short sale on my house. SPS has called me and set me threatening letters trying to force me to short sale and relocate. They started on a recorded line that they would look at my loan modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30022
Submitted Via: Web
Date Sent: 2018-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-26
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:
State: CA
Zip: 95630
Submitted Via: Web
Date Sent: 2018-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This is a follow up to my 1st complaint concerning a QWR and Notice of Error that was not completely answered. I submitted another Notice of Error that has not been acknowledged and the foreclosure is continuing despite the fact I am still in dispute with SPS. This is the Notice of Error and current violations sent to SPS to correct : I am in receipt of SPS letter dated XX/XX/XXXX that attempts to respond to my QWR/NOE letter dated XX/XX/XXXX. I will list each of the errors and why SPS response is deficient. I questioned the 3rd party fees and costs assessed to my account and requested proof of the invoices as well as proof that the work was actually performed. Specifically, 12 C.F.R. 1024.35 ( b ) ( 5 ) requires that the servicer may only charge bona fide fees ; fees that the servicer determined it had a reasonable basis to impose. A servicer may not charge a for service that a service provider did not actually provide. Therefore, in order to prove that all fees and costs assessed to my account are legitimate, I demanded a copy of all invoices evidencing all fees and the work completed for all fees charged. What SPS provided was a listing of the fees, some of the fees were still not itemized. SPS failed to provide the requested invoices therefore SPS response is deficient. I also stated that SPS had failed to respond to my appeal of the denial to my application for loan modification and, as such, was dual tracking me by scheduling a sale of my home while loss mitigation was still pending. SPS appears to attempt to respond to my appeal in its XX/XX/XXXX, letter and, again, SPS fails. SPS claims your request did not provide any detail in regards to any specific error identified in the decision. I shall now restate all of the errors contained in SPS denial and hopefully someone with knowledge of the federal regulations will read this with comprehension as to SPS failure to comply with the Code of Federal Regulations. Pursuant to 12 C.F.R 1024.41 ( d ) if the servicer denies the homeowner a loan modification, the servicer must state the specific reason each modification option was denied. Supplement I to 12 C.F.R. Part 1024, Official Bureau Interpretations, provides the degree of specificity required of the servicer in denying a borrower for a loan modification. For example, if the denial is based on investor requirements, the servicer must identify the owner or assignee of the loan and the requirement that is the basis of the denial. Additionally, if a loan modification is denied because of a net present value calculation, the servicer must provide the borrower with the inputs used in the calculation. In its letter, SPS declined me for a modification claiming that we are unable to offer you this program [ Proprietary Trial Modification ] because in performing our underwriting of a potential modification we could not reduce your principal and interest payment. While SPS did provide a limited NPV report, it did not include the debt to income requirements ( DTI ), the term requirements, allowability to reduce the interest rate or the ability to offer a principal reduction. Without this information I can not effectively assert a proper appeal as I dont know that parameters with which SPS utilized in its determination that it could not reduce my principal and interest payment. Does that mean the investor prohibits a reduction of principal and/or interest rate or that the interest rate and principal amount could not be reduced to achieve the required, yet unnamed, DTI? SPS also failed to name the purported investor of my loan as required by 12 C.F.R. 1024.41 ( g ) ( 1 ). A denial for a loan modification ostensibly based on an investor restriction that does not name the investor or explain the restriction has been held to be insufficient. XXXX v. XXXX XXXX, XXXX. Civ. No XXXX, XXXX XXXX XXXX, at XXXX ( XXXX XXXX. XX/XX/XXXX ). Using the criteria from RESPA, Regulation X, and the CFPB, SPS had to do three things to properly deny my loan application. First, it had to identify the owner or assignee of the loan, which it did not do. Second, it had to identify the specific requirement that I did not meet which SPS also failed to do. Third, it had to provide information and detail supporting its claim that we are unable to offer you this program because in performing our underwriting of a potential modification we could not reduce your principal and interest payment. SPS had to provide any underwriting guidelines or requirements or restrictions as well as the specifics utilized in calculating eligibility such as interest rate, term and DTI. XXXX v. XXXX XXXX, XXXX, XXXX XXXX, XXXX XXXX XXXX, at XXXX ( XXXX XXXX. XX/XX/XXXX ) ( denying defendants motion to dismiss RESPA Claim because the specific applicable requirement that was not met, the Court concludes that XXXX has adequately alleged that the Denial Letter 's explanation for denying his HAMP loan modification may lack the specificity required by 12 C.F.R. 1024.41 ( d ). ) In reviewing the documents that SPS included in its XX/XX/XXXX, letter I note that SPS has also violated 12 CFR 1024.38 ( v ) which requires that documents submitted in a foreclosure process reflect accurate information and comply with applicable law. SPS provided a copy of the Note that contains no endorsements which means under the UCC only the originator, XXXX XXXX XXXX XXXX XXXX XXXX, has the authority to enforce the Note via a foreclosure action. SPS also included an Assignment dated XX/XX/XXXX, which is clearly fraudulent as it purports to assign my mortgage loan to the trust well over 7 years after the cut off date as prescribed in the pooling and servicing agreement ( PSA ). Additionally, the PSA requires that the seller transfer/sell the loan to the sponsor who in turn sells/transfers the loan to Depositor who in turn sells/transfers the loan to the Trust. The originator does not transfer/sell the loan directly to the Trust pursuant to the PSA. The subject loan was required to be transferred to the subject pool no later than the cut-off date in order to maintain its status as a qualified mortgage as a REMIC1. See REMIC Regulations, Code Section 860 G ( a ) ( 3 ) and 851 ( b ) ( 3 ) ( A ) ( i ). These errors on SPS part must be addressed and reconciled immediately, specifically, pursuant to Regulation X, 12 C.F.R. 1024.35 ( d ) and ( e ), SPS has 5 days within which to acknowledge receipt of this request and must respond no later than 7 days. Until these errors are properly addressed and corrected by SPS, there can be no sale scheduled on our property ; the currently scheduled sale for XX/XX/XXXX, must be canceled if the errors are not corrected. See Reg. X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( B ) and 1024.35 ( f ) ( 2 ) ; Official Bureau Interpretation, Supplement 1 to Part 1024, 35 ( e ) ( 3 ) ( i ) ( B ) -1. Therefore, we are requesting that you cancel the sale so that our appeal and previously issued Notice of Error have been addressed. Be advised that RESPA and Regulation X provide a private right of action if a servicer fails to comply with the statute or regulation. 12 U.S.C. 2605 ( f ) ; 12 C.F.R. 1024.41 ( a ). I am a borrower entitled to the protections codified at 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41. The mortgage loan subject to this action is a federally related mortgage as defined in 12 C.F.R.1024.2 and involves a consumer transaction at the time the loan was taken out by the Plaintiff. SPS is a mortgage servicer subject to the mandatory requirements of 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41. SPS violated the RESPA and Regulation X in the following ways : Denied my application without identifying the owner or assignee of the loan and providing the specific reason for such a denial and additional detail to support such statements within 30 days of receipt of the application. 12 C.F.R. 1024.41 ( c ) ( 1 ) & ( d ) ; see 12 C.F.R. Pt. 1024, Supp. I, 41 ( d ), cmt. 1 ; see Mortgage Servicing Rules Under the Real Estate Settlement Procedures Act ( Regulation X ), 78 FR 10696-01 ; Did not properly review the appeal within 30 days and did not provide particular reasons for the denial in writing. 12 C.F.R. 1024.41 ( h ) ; Engaged in " dual-tracking '' by scheduling my home for sale. 12 C.F.R. 1024.41 ( g ). SPS regularly collects or attempts to collect consumer debts due or asserted to be due to another. Specifically, it is regularly assigned the collection rights of consumer debts, including my consumer debt and therefore is a Debt Collector within the meaning of 15 U.S.C. 1692a ( 6 ). By scheduling the foreclosure sale of my home when that sale can not be held in violation of ( i ) 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41 SPS and XXXX XXXX XXXX have materially violated 15 U.S.C. 1692e. SPS and XXXX XXXX XXXX actions described herein also constitute materially unfair or deceptive practices in violation of 15 U.S.C. 1692f. This conclusion is based upon the fact that no reasonable person would believe it would be fair to proceed and advertise foreclosure sales before them may even lawfully occur under state or federal law. As a result of both SPS and XXXX XXXX XXXX improper debt collection practices, which directly and indirectly violate my rights under 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41, I have suffered actual economic and non-economic damages, and suffered severe emotional distress. The FDCPA provides for statutory damages in addition to actual damages. If SPS and XXXX XXXX XXXX fail to cancel the upcoming sale date of my home, I am prepared to move forward to file a complaint in federal court against both SPS and XXXX XXXX XXXX to exercise all of my rights provided under the law. In conclusion, I trust SPS will comply to the CFPB and RESPA and FDCPA requirements as Ive requested herein and cancel the XX/XX/XXXX sale of my home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My company is XXXX XXXX XXXX XXXX, I am a licensed real estate broker in the state of Florida. I have been hired by the owner of the home XXXX XXXX XXXX, XXXX, FL XXXX to sell her home in XX/XX/2018. Do to the condition of the home and the market, the offers in conjunction with the closing fees have made it necessary to request the bank to complete a short sale. The company that is handling the short sale is a servicing company called XXXX XXXX XXXX , XXXX. I have been authorized to speak on behalf of the seller to discuss with the bank the process of the short sale. The owner and myself have diligently done everything we can to work with the XXXX XXXX XXXX XXXX. The reason for my complaint is I feel that XXXX XXXX XXXX XXXX. is with intention, fraudulently delaying the process of the short sale in order to collect serving fees from its investors. I have literally called XXXX XXXX XXXX XXXX. 30 plus times ( nearly everyday ) and every time I call them they tell me I have to have a new document that is required. Literally every time I call they make up a new document that could have easily been supplied 60 days ago. Even though each time I call them they tell me that after this new document that they now have every document. The very next day I will call and they literally make up a new requirement. We have supplied SPS the same documents literally XXXX and 3 times. I will call one day and they will tell me they have everything and then the next day they have a new requirement that they said was always required but the last XXXX people in 60 days somehow missed. Today I just spend an hour on the phone today with XXXX XXXX the XXXX supervisor I have had to escalate my call to in the past three weeks. Now last week they told me they have everything. Today as I was on the phone ( this has literally has happened 30 times ) XXXX tells me I need two more documents. I am not exaggerating, literally every time I call them they come up with a new document that was not mentioned to me in the past 30 calls. Today it was the listing agreement. The home was listed 90 days ago. All of a sudden they need this document though it has been supplied 2 other times. Then they needed written authorization for me to talk on the account even though I have been authorized to talk on the account the past 30 calls today a new requirement is they need it in writing. Literally everyday they create a new document, I am not talking about just critical document but ones they come up with everyday as a new requirement that has nothing substantial to do with the sales process. I truly and honestly believe this company is committing fraud. They are purposely delaying the process in order to collect fees from their investors. Please investigate the operations of this company. They are doing this with intent. My conversations are recorded. The calls are documented. The loan number is XXXX.
Company Response:
State: FL
Zip: 34209
Submitted Via: Web
Date Sent: 2018-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our payment sent to SPS Inc. was not credited to my spouse 's account as requested on payment statement. The payment was processed as two payments. Not a single payment for principle and interest. This allowed SPS to charge us interest twice for the XX/XX/XXXX payment. We contacted SPS to correct this error to apply our payment as requested. The account representative talked with us and said the funds would be credited as requested. would be done within 5 to 7 days and we would not be able to see this correction in the online access. SPS Inc. representative did not say this would be reflected on a corrected XX/XX/XXXX statement or would they take the XX/XX/XXXX payment funds as payment for XX/XX/XXXX and XX/XX/XXXX as XX/XX/XXXX statement shows. The statements have blocks for assignment of funds, we wanted all funds above the regular payment applied to principal.
Company Response:
State: GA
Zip: 310XX
Submitted Via: Web
Date Sent: 2018-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been submitting complete packet after packet and they keep denying me. I had XXXX XXXX in XXXX and had it removed. This is my only home we have 3 more years until my my last XXXX children graduate from high school we work all the time and just want to pay our mortgage. In XXXX we were unfairly targeted by a new IRS Agent who had our taxes that were filed by an enrolled agent we just didn't make enough money with XXXX young kids that were only 16 months apart. She put an Levy of {$180000.00} on all 4 of our jobs, bank account we could not even buy food. We were forced to file bankruptcy to get the amount fixed. Our income that year was only {$40000.00} for a family of XXXX. As of the past two months my income has increased by a goo amount since the last modification packet in XXXX that I was denied. I just got off the phone with SPS and she said they can not look at another packet for me because the Sale date is in a week told me to file BK or sue. I have done over 28 modification myself and spend countless hours this is not helping my health and they would rather fight us in eviction court than allow me to try to become current in the coming years. It will cost the bank more to remove us as I have NO where to move my family and dogs and have another XXXX on XX/XX/XXXX to remove XXXXXXXX XXXX and my XXXX. XXXX XXXX wants to kick families out and put the cost on all the consumers instead of trying to help people willing to pay for their homes. Select Portfolio is the worst company
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 02760
Submitted Via: Web
Date Sent: 2018-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-22
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Name : XXXX & XXXX XXXX Address : XXXX XXXX XXXX XXXX, XXXX XXXX Country : United States Email Address : XXXX Phone Number : XXXX Alternate Phone : Contact Preference : E-Mail Institution Information Institution Name : Select Portfolio Servicing , Inc . Routing Number : Account/Product Type : XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Country : United States Email Address : XXXX Phone Number : XXXX Complaint My wife age XXXX & I age XXXX, joint tenants received from SPS, Inc. our requested PAYOFF amount needed to sale our property /We got harassed on the phone & at our front door, with " collection of a debt ''!? The sale offer did not make / SPS, Inc. CANCELLED our on line access LOGIN & our mailed monthly due checks were cashed ELECTRONICALLY / SPS, Inc. destroyed our many years perfect credit scores with a 30 days late! This is ELDERLY ABUSE from SPS, Inc. taking advantage immediately calling all times of the day, mailing & coming to our front door, with the intention to take over our property fast How can your complaint be satisfactorily addressed? Please remove the SPS, Inc. " 30 days late '' on our 3 credit scores XX/XX/2018 Hide additional information for activity type check XXXX ElecCheck XXXX SP Servicing DES : MRTG PMT CHECK # XXXX INDN:XXXX CO ... Edit Description activity type check status type icon cleared Cleared. Select to mark activity type check XXXX ElecCheck XXXX SP Servicing DES : MRTG PMT CHECK # XXXX XXXX CO ... as Reconciled XXXX XXXX Type : Check Check # : XXXX ( converted to an electronic transaction by the merchant ) Description : SP Servicing DES : MRTG PMT CHECK # XXXX INDN:XXXX CO ID : XXXX XXXX Merchant name : get more information about merchant name change SELECT PORTFOLIO SERVICINGSelect to Edit the merchant name Transaction category : get more information about transaction category Home & Utilities : MortgagesSelect to Edit the transaction category No image is available for this check because it was processed by the merchant as an electronic transaction.XXXX Hide additional information for activity type check XXXX ElecCheck XXXX SP Servicing DES : MRTG PMT CHECK # XXXX INDN:XXXX CO ... Edit Description activity type check status type icon cleared Cleared. Select to mark activity type check XXXX ElecCheck XXXX SP Servicing DES : MRTG PMT CHECK # XXXX INDN:XXXX CO ... as Reconciled XXXX XXXX Type : Check Check # : XXXX ( converted to an electronic transaction by the merchant ) Description : SP Servicing DES : MRTG PMT CHECK # XXXX INDN:XXXX CO ID : XXXX XXXX Merchant name : get more information about merchant name change SELECT PORTFOLIO SERVICINGSelect to Edit the merchant name Transaction category : get more information about transaction category Home & Utilities : MortgagesSelect to Edit the transaction category No image is available for this check because it was processed by the merchant as an ele
Company Response:
State: CA
Zip: 91306
Submitted Via: Web
Date Sent: 2018-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My mother is XXXX XXXX, and I've been trying to work with Select Port Folio my mortgage servicer to modify our mortgage and reduce the mortgage payment. I'm being given a hard time with the process and they are unwilling to assist me. I do want to keep our home. We do not want a catch up plan that will increase my monthly payments, please review mortgage and exercise the option to make a PMI claim if possible.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 380XX
Submitted Via: Web
Date Sent: 2018-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX as sustituted trustee scheduled a private trustee 's sale ( # XXXX ) together with Select Portfolio Servicing , Inc. without compliance of the applicable laws. I requested specific documents, and statutes under the applicable laws on XX/XX/2018 ( and also in XX/XX/2018 ). SPS responded that they'll provide requested documents and statutes within 30 days, which I have not received.
Company Response:
State: CA
Zip: 90621
Submitted Via: Web
Date Sent: 2018-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A