Date Received: 2018-05-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Our mortgage got behind XX/XX/XXXX because of my mother XXXX XXXX. I applied for a mortgage modification with our mortgage company Select Port Folio. They processed my request and on XX/XX/XXXX I received Trial Modification Retraction from Select Port Folio after I had made 2 Trial payments of the 3 payments that is required per the Trial modification I received. I have recently resent request for mortgage modification with financials to them again. I do want to keep my home. Please help me with this modification request.
Company Response:
State: TN
Zip: 380XX
Submitted Via: Web
Date Sent: 2018-05-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-02
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I had a foreclosure with a company but it is showing up as 2 separate accounts on my credit report. It is damaging my credit because it appears as though i had 2 foreclosures when i actually only had 1. I've tried correcting the reporting with the company and the bureaus but have been unable to.
Company Response:
State: CO
Zip: 80122
Submitted Via: Web
Date Sent: 2018-05-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Please review the previous complaint and response from # XXXX. Not only did they mislead you in their response, claiming that the impound accounts don't get modified until a 6 month review, when they changed the amount immediately, in their first billing. They have also lied about providing an actual " Certified Copy '' of the original loan documents, and the Note itself. They sent another electronic file copy, which is not the same, but the last complaint was closed before they fulfilled anything they promised. I believe this is further proof that they are not in possession of the actual security documents, and as stated before, who then can return these documents upon payoff? Who actually has the documents, and at what point will they demand payment? Perhaps they no longer exist.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-05-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Hello, In the period from XX/XX/XXXX to XX/XX/XXXX there are Three mortgage lenders involved in my home loan. On XX/XX/XXXX a payment wasn't registered to the new lender enter on XX/XX/XXXX. I am attaching documents to review the information also the missing payment for {$1900.00}. XXXX.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-05-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Tried to get a modification due to hardship of divorce, loss of income. Submitted documents required and they gave me the excuse of the bottom of pay stub being ripped. They gave me the run around continuing to ask for more documents and claiming they didnt receive them. Her father had just passed away and lost all hope of everything including saving home. When I came in as third person party to help I got the auction date postponed. And started the process all over again for modification. This company has done nothing to help my client. Long story short they denied her the modification again so we went into short sale option. Now they have denied her the short sale at the last minute.There is no reason for them to deny the short sale. She has 13 offers on the property. I have detailed notes of each conversation dated and the person that I spoke with. I am at a loss as to how to help my client. She can possibly lose her job over this due to having a foreclosure on record it is considered suspicion of character. I have reached out to XXXX XXXX XXXX XXXX XXXX but I am not sure they can help. I need to help this family. This lender is fraudulent and corrupt and they need to have consequences.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-05-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-01
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Sent from my XXXX Begin forwarded message : From : " XXXX XXXX XXXX ''
Company Response:
State: MA
Zip: 010XX
Submitted Via: Web
Date Sent: 2018-05-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: During the recent disaster from Hurricane Irma XX/XX/2017, I reached out to the lender to provide payment relief, they gave us a payment deferral which they advised would get added to the lone, they then didn't provide any options as required by Federal Law and started threatening with Foreclosure if the full amount {$4500.00} was not paid in full.
Company Response:
State: FL
Zip: 33032
Submitted Via: Web
Date Sent: 2018-04-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: account # XXXX address XXXX XXXX XXXX XXXX XXXX ca XXXX. Appeal loan modification decision. We are appeling select portfolio services decision on our loan modification. We completed all Loan modification paperwork and submitted all paystubs and all necessary paperwork that sps needed to complete our loan modification. Sps did not complete loan modification they say they did not have all paperwork and we turned in all necesary paperwork in the month of XX/XX/XXXX. Also SPS has not completed ourqualified written request* multiple request have been sent to them. * As of XXXX time XXXXXXXX XXXX Sps mortgage have not completed our qualified written request * * Request # 1 was sent XX/XX/XXXX XXXX XXXX * * Multiple request have been sent Since XX/XX/XXXX * 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 system, 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 MERS. 4. All records, electronic or otherwise, of assignments of my mortgage, promissory note or servicing rights to my mortgage including any such assignments on MERS. 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 XXXXXXXX XXXX XXXXXXXX Ca, XXXX # Account XXXX XXXX XXXX ... ..dateXX/XX/XXXX ... ... ... ... ... ... ... ... ... ... ... ... .. Signed by Home owner *XX/XX/XXXX XXXXXXXX XXXX* CC XXXX XXXXe XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX Federal Trade Commission XXXX XXXX XXXX XXXX XXXX Washington, DC. XXXX Government & Industry Relations XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Washington, DC XXXX Office of RESPA and Interstate Land Sales Office of Housing, XXXX XXXXXXXX US Department of Housing and Urban Development XXXX XXXX XXXX, XXXX Washington, DC XXXX
Company Response:
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2018-04-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX worked with me on a loan modification I submitted the signed agreement to them multiple times Mail 2 times Fax 1 time Updated to their Document Upload on the web I received notice that they never received any of these which I find hard to believe. I have am mailing again tomorrow. I want them to honor the agreement.
Company Response:
State: VA
Zip: 23229
Submitted Via: Web
Date Sent: 2018-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I've been trying to get Modification but my servicer has changed 4 times since XXXX. XX/XX/XXXX I made a payment of {$1500.00}. to XXXX than XXXX XXXX changed my account number and said I would be assigned a new Servicer shortly. My account number was changed from # XXXX to XXXX.My lender also sold the loan from XXXX XXXX XXXX XXXX XXXX in XX/XX/XXXX than XXXX notified me that my New servicer would now be Select Portfolio Servicing and my new account number is now XXXXEach time I filled out all my paper work and was supposed have a trail modification sent out to me they switched and than tried to state that I did not give all the required documents. I was paying {$3200.00} for 5 months in XX/XX/XXXX to XXXX XXXX who sold my loan to XXXX XXXX than to XXXX along with all these different Servicers how can they say my payments were even correctly transferred with all the different loan numbers.
Company Response:
State: MA
Zip: 02760
Submitted Via: Web
Date Sent: 2018-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A