Date Received: 2018-04-18
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My ex husband filed for Chapter XXXX bankruptcy in XX/XX/XXXX, it was XXXX in XX/XX/XXXX. Since then my mortgage company hasn't been reporting on my credit report ( I did not file Chapter XXXX bankruptcy ). This has prevented me from obtaining loans and credit cards due to insufficient credit history. When I called Select Portfolio Servicing on XX/XX/XXXX, I was advised that they had every right to prevent reporting on my credit because the debt it joint and that I would need to put my request in writing along with detailing that I didn't file bankruptcy because they still have the account in bankruptcy status on their system. I did research and found that not only are they wrong, but they have done significant damage by not adhering to the Fair Credit Reporting Act and the Consumer Credit Protection Act, which states credit it individual and my ex-spouse 's bankruptcy should have never effected reporting on my credit reports. I deeply concerned that this is their policy and not only have they caused me harm, but could be causing harm to other spouses that were not included in bankruptcy filings.
Company Response:
State: AZ
Zip: 85295
Submitted Via: Web
Date Sent: 2018-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My homeowners insurance policy was scheduled to expire on XX/XX/XXXX. However the renewal was {$3900.00}. I found a cheaper policy for {$1700.00} & the insurance agent forwarded the declaration page to Select Portfolio Servicing on XX/XX/XXXX. After several phone calls to SPS, I was told on XX/XX/XXXX that a cancellation had been received for my previous policy with XXXX XXXX XXXX XXXX XXXX my new insurance information with XXXX XXXX XXXX ( XXXX XXXX XXXX ) in the amount of {$1700.00} had been processed & mailed on XX/XX/XXXX. As of today, XX/XX/XXXX, the new insurance carrier never received a payment for my new insurance policy & SPS is threatening to buy insurance for my property at a more expensive price because they received a cancellation from my new insurance carrier. I am writing to you asking for your assistance because this company has a reputation of fraudulent practices & something needs to be done to ensure that the consumers are protected. Please note that although a date is stamped in their system indicating a payment was processed & mailed, the payment never actually leaves their office for over a week. If I contacted SPS on XX/XX/XXXX to let them know that my insurance policy expired on XX/XX/XXXX, then when the payment was processed on XX/XX/XXXX it should have been overnighted to my new insurance carrier. This is the practice of other mortgage servicers & it should be the same for SPS. This company is fraudulent & a complete rip off to consumers & need to be closed permanently! Please help!
Company Response:
State: TX
Zip: 77545
Submitted Via: Web
Date Sent: 2018-04-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was in Chapter XXXX and 4 or so months before finished XXXX XXXX sold my loan to Select Portfolio Servicing. Now Select isn't taking my last two months payments and say I am behind about 22 payments ( {$80000.00} ) and need to pay that before they will accept payments and stop foreclosure! I haven't miss a payment in 5 years and have copies of cleared checks.
Company Response:
State: VA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-04-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I began this process in XX/XX/XXXX. We are currently in XX/XX/XXXX. That is 28 months now. I feel like I am being stonewalled and they keep asking and asking and asking and asking for documentation that I feel I have already provided and which should be obvious for them to find by looking at the tax returns which I have already provided. I really would like this thing to wrap up as 28 months is a long time to wait and every month that this doesn't get done it is ruining my credit and making it difficult to impossible to conduct normal business.
Company Response:
State: CA
Zip: 958XX
Submitted Via: Web
Date Sent: 2018-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My name is XXXX XXXX and I am reaching out today with frustration over my servicer Portfolio Servicing for my property address XXXX XXXX XXXX XXXX XXXX FL XXXX. I was modified almost 5 years ago and now my payment is going to double. I have requested the copy of my loan modification more than once and never received it. The servicer has given me the answer that they are waiting on the previous servicer Bank XXXX XXXX to provide it. I sought assistance with a HUD Housing Counselor and she looked up via the MERS and the servicer still shows Bank XXXX XXXX, I looked up as my address and social and still shows XXXX. I do not know who is responsible to provide to me the requested documents, I can not seem to get the correct information. I would like to refinance and I am currently working on that but I need the servicer to respond with the document request.
Company Response:
State: FL
Zip: 33619
Submitted Via: Web
Date Sent: 2018-04-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-11
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: To Whom It May Concern, Over the past few years I have filed numerous complaints with the CFPB, all to no avail. I will continue to file complaints with the CFPB against Select Portfolio Servicing , Inc, hereinafter referred to as SPS, until they stop their wrongful and illegal collection and enforcement activities. Once again, I am being forced to file yet another complaint in additional to another lawsuit. SPS is continually attempting to collect and enforce a debt that no longer exists. Even though the debt no longer exists and hasn't since XX/XX/XXXX, SPS is attempting to foreclose on my property on XX/XX/XXXX. The logic of trying to foreclose on a Deed of Trust that has been eliminated is beyond my comprehension and is outrageous. Despite being aware of this situation, SPS continues with their wrongful, deceptive, and illegal actions. SPS is a " debt collector '' pursuant to the Fair Debt Collection Practices Act, hereinafter referred to as FDCPA, and the California Rosenthal Fair Debt Collection Practices Act, hereinafter referred to as RFDCPA. SPS purportedly acquired the mortgage servicing of the debt obligation effective XX/XX/XXXX. At the time of this purported transfer, the debt obligation was contractually due for the XX/XX/XXXX payment. By the plain language of the acts, there is no dispute SPS is a " debt collector ''. There is no dispute that the mortgage debt is a consumer transaction debt that is covered under the FDCPA. Despite telling SPS to stop contacting me in a letter dated XX/XX/XXXX, SPS continues to send me letters and refuse to acknowledge that they are " debt collectors '' without the legal right to attempt to collect. SPS is engaging in acts that are causing substantial harm to me in violation of the Unfair Competition Laws. Immediate action must be taken to stop them from engaging in such unfair competition. Their conduct is unlawful, unfair and deceptive. They are blatantly disregarding the FDCPA and the RFDCPA. SPS is not exempt from abiding by those laws and must be held accountable for their misconduct.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 91739
Submitted Via: Web
Date Sent: 2018-04-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am being forced to file this Complaint because Select Portfolio Servicing , Inc., hereinafter referred to as SPS, refuses to abide by the Fair Debt Collection Practices Act, hereinafter referred to as the FDCPA and the California XXXX Fair Debt Collection Practices Act, hereinafter referred to as RFDCPA. I took out a loan with XXXX XXXX XXXX on XX/XX/XXXX. Due a financial hardship in XX/XX/XXXX, I fell behind in my scheduled monthly payments. The last time I made a payment on this consumer debt obligation was XX/XX/XXXX. The debt obligation is currently contractually due for the XX/XX/XXXX payment. In XX/XX/XXXX, it is purported that XXXX XXXX As Trustee of the XXXX Trust was assigned the beneficial interest under my Deed of Trust and not the Promissory Note. At the time of this purported transfer, the debt was contractually due for the XX/XX/XXXX payment. SPS purportedly acquired the mortgage servicing of this debt obligation effective XX/XX/XXXX. Pursuant to the FDCPA and the RFDCPA, SPS and XXXX XXXX as Trustee are " debt collectors '' and not " creditors ''. They are threatening and attempting to proceed with a nonjudicial action to dispossess me from my home without the legal right or authority to do so. Despite numerous attempts, they have failed to validate the debt and have failed to provide me with any documentation to demonstrate they have the legal ability to attempt to collect the debt, collect the debt, or enforce the power of sale contained in the deed of trust. Although I have taken legal action against them, they have not stopped their collection and enforcement activities. I am filing this Complaint to make the CFPB aware of their wrongful and illegal actions. The California Supreme Court has confirmed that a borrower is not entitled to pay an entity that is without the legal right and authority to collect and is enforce. In California only a creditor, or an agent of the creditor, may attempt to collect a debt or collect a debt and/or initiate and complete a foreclosure action. Falsely representing that the foreclosure documents are legal process is prohibited and misleading and is in violation of California Civil Code 1788.16. SPS and XXXX XXXX are engaging in acts that are causing substantial harm not only to me but to California consumers and taxpayers. Immediate action must be taken to stop them from engaging in unfair competition. Their conduct is unlawful, unfair and deceptive. They are blatantly disregarding federal and state laws they are mandated to abide by.
Company Response:
State: CA
Zip: 92404
Submitted Via: Web
Date Sent: 2018-04-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: There are numerous previous complaints I have filed with you regarding SPS ( SELECT PORTFOLIO SERVICES. Each time they claim they need only one document which I always email and have all records. Most of the time I'm on phone with an ombudsman representative ad sit on phone till they confirm they received what the wanted.Now they r violating federal law and DUAL-TRACKING my case. I HAVE EMAILED EVERYTHING THEY HAVE NEEDED COMPLETLY directly too XXXX XXXX ( OMBUDSMAN ) each time and spoke to her on XX/XX/XXXX, when again they said only need explaination of my income which I did MULTIPLE TIMES. So XXXX spoke to XXXX XXXX her partner in ombudsman than came back on phone and assured me XXXX WAS EMAILING FORECLOSURE DEPARTMENT WITH EXPLAINATIO THEY R LOOKING FOR and everything will be stopped. Well this past saturday I received documents that XXXX XXXX XXXX filed all motions to get judgement and sale. They filed this XXXX DAY AFTER I TALKED TOO XXXX and was assured all was good. All weekend and yesterday I attempted too get this stopped. I sent email thru linkedin to XXXX XXXX ( XXXX OF OMBUDSMAN ) and also XXXX XXXX ( EXECUTIVE VP ) I SPOKE TOO OMBUDSMAN DEPARTMENT YESTERDAY XX/XX/2018 asked that the esculate and get me an email STATING THAT THE HAVE CONTACTED XXXX XXXX XXXX AND advise too withdraw/dismiss all action by end of day today. As of XXXX TUESDAY morning I have not received any calls or emails from none of the above.
Company Response:
State: IL
Zip: 60142
Submitted Via: Web
Date Sent: 2018-04-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am a XXXX-year-old single father, XXXX XXXX XXXX XXXX XXXX since XX/XX/XXXX, I take XXXX pills a day for XXXX XXXX. I am now having XXXX XXXX and XXXX XXXX over my mortage situation. XXXX lied to me from the very beginning and sold me a predatory loan and lied about being able to refinance if my income changed. This is my story. I applied for my mortgage with XXXX in XX/XX/XXXX. When I applied I asked them not to use my ex-wife 's income because she is XXXX and had a history of leaving, They told me that by law all income coming into the home needed to be added to the application but not to worry, if the household income changed they would happily refinance to a new, affordable payment because they do not want to take anyone from their homes. I found out later that they used her income anyways and gave me a loan amount that there was no way I could afford on my own. We found a house and bought it. In XX/XX/XXXXmy ex-wife went to XXXX for a funeral and called a few days later to tell me she was never coming back. I begged her to come back but she refused. I called XXXX right away in XX/XX/XXXX to tell them I need to refinance the loan because my household income had changed and I could not afford {$1400.00} a month for the mortgage payment. The lady on the phone told me that they could not offer me a refi. until I was at least 3 months behind in my payment, something they never told me when I applied for the loan. I told her I did not want to get behind on my mortgage because I did not want to lose my home, and my Father cosigned for me and he was retiring soon and he wanted to move down to Florida and buy a home himself. They repeated that there was nothing they could do to help until I was at least 3 months behind. I phoned my Father and he flew down. I called XXXX back with him on the line and they said the same thing. I just wanted him to hear for himself that I wasn't just skipping payments on purpose. I did what they told me to do and after 3 missed payments I called back. They informed me that my case was being considered for foreclosure. When I asked why they told me because I haven't been making my payments and that I was now 3 months behind. I told them that's what they told me to do! They told me to wait and I would get something in the mail. What I got was a letter stating that I was now in foreclosure. I called and begged them to help me with a refi. like I was promised and each time I called they told me that when my case was up I'd receive a letter or phone call. All I ever got was my normal payment slips every month showing my balance increasing. They lied to me before I got the mortgage, they lied when I signed the mortgage and they lied after I called them with the problems. They sold me a mortgage I could never pay on my own and I was dumb enough to believe that they would refinance the loan if my income changed. My income is only {$1900.00} a month and I do not have health insurance. I've been in the same XXXX for XXXX years because I can not afford a new one. I see a doctor bi-monthly and pay {$200.00} to him out of pocket plus over {$250.00} a month for my medications. I now have XXXX XXXX every day. I can't sleep. I have XXXX. This is XXXX me. I hired two different law firms and all they did was take my money and do nothing. The last time I spoke with SPS who is now servicing the loan back in XX/XX/XXXX I told them that when they come to sell the house they'll need to bring a hearse because they'll find my dead body inside, the lady told me " We'll note that on your account ''. I just got a letter stating that they are going to sell my house on XX/XX/XXXX at XXXX. How can they do this? They were ordered in court to help those in need refinance and they have never been helpful to me at all!! I am at the end of my rope. I'm having XXXX XXXX daily. I have no place to go. I've done everything I was asked to do, I mailed them all the documents they asked for and all I get is " we'll call you when your case is up ''. I can not deal with this any longer. I don't have any other choice. They do not care about anything but making money. They lie over and over and nobody will help me. I'll be dead when they come to sell the house, nobody cares.
Company Response:
State: FL
Zip: 34668
Submitted Via: Web
Date Sent: 2018-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My problem started when XXXX XXXX XXXX sold my loan to Select Portfolio Servicing. ( SPS ) In XX/XX/XXXX I let SPS know that my husband lost his job and asked if they could help us. The relationship manger informed me to apply for assistance on line and they would help me with making home affordable. I immediately filled out the application on line, with the assistance of the rep that was kind enough to stay on the phone w/ me. I did exactly as I was told by SPS. Uploaded all the documents .The rep called me in two days to follow up with me and assured me they had all documents needed and to call them back in once a week to check on status that the Modification, I was also told a modification usually takes about 30 days. From that moment I called every single week ( XXXX END XXXX ) to check on the status of my modification and to see if they needed any additional documents and I was REPEATEDLY told over and over that they had all documents and I needed to be patient. During those months of waiting I would call 2 or 3 times a week and sit on the phone at least 6 hours a week with a different rep and they would all have something DIFFERENT to say. No one ever said the same thing. I followed there direction and there advice even though they all had something different to say. When XXXX approached I began to worry because I knew Making Home Affordable program was going to come to an end. I panicked because I thought for sure SPS was NOT going to help me. But as always SPS would turn on the charm and tell you that I had Nothing to worry about and that I was safe and the house had No Sheriff Sale or was in danger of being foreclosed on. They also would were also very kind to always assure me that even if making home affordable was over they had there own Special in house programs that help everyone. I never ever gave it a thought that SPS was lying to me or were they misleading until ... XX/XX/XXXX, as I was on the phone with XXXX from SPS checking the status of my modification, the doorbell rings and this crazy woman served me with Foreclosure Documents. ( Also this unkind woman went to both of my neighbors because she felt she needed to tell them my house was in foreclosure ) Obviously I was confused because I had been told repeatedly that my house was NOT in foreclosure. Meanwhile XXXX was on the phone with me the entire time. XXXX couldn't believe what had just happened that when telling him SPS just was served me with foreclosure documents, he immediately told me it wasn't from SPS. I was so upset and expressed to XXXX, how confused I was and how did this happen and he expressed he was also confused .He told me that in his system it wasn't showing my home was in foreclosure. I emailed him the documents so he could see for himself and he was just as surprised I was. He also expressed that he did not believe the documents were from SPS because he said there offices are based in UTAH and the law firm on the documents were from New Jersey! I left numerous emails for my relationship manager so he could help me but no one calls back. I was getting sick of calling and everyone telling me the home isn't in foreclosure but you have the documents in your hand. After 4 hours on the phone with him he obviously did not help me. 4 days later and 25 phone calls I finally was able to get help in the Ombudsman dept. They apologized to me and explained that I was lost in the system and they made a mistake but I was indeed in foreclosure. Now that SPS was able to confirm I was truly in foreclosure I now knew I had to go find an attorney to help me answer the foreclosure and some how stop it. The foreclosure was stopped. I communicated everyday with the Ombudsman dept so they could assist me, I was still very nervous knowing that, Making Home affordable was no longer existence, how were they going to help me now. But I was assured that they had there in house program and they wanted to help me. They first offered me a modification for {$12000.00} a month .I was speechless. Who in there right mind can afford a payment that high. I then asked the rep how did they come up with that figure, since SPS has all my financial information and its obvious that if you calculate both salaries the income amount is less than then new monthly payment offered. I had to refuse that agreement because I knew we could not afford it and we made a lot less than that {$12000.00} a month. -Two days Later I get another phone call from SPS they told me they went to bat for me with the under writers, to help me and get the best deal for me the new payment would be {$8800.00} a month. Still confused and not understanding where they were coming up with that figure knowing I could not afford it. -The next day SPS calls me and emails me and expresses the good news to me by saying they were able to offer us the same mortgage payment as before and asked if that would work for me. I became emotional and grateful at the same time and accepted the offer. SPS then explained they were going to email the agreement, and I needed to sign it and scan back to them and mail them the original and that the first payment was due on XX/XX/XXXX. I agreed to everything! -The next morning I received and email saying they could no longer offer me that agreement. The new agreement needed to increase. They had to add an additional amount of {$800.00} to the payment, which brought to {$5100.00}. I was explained that the mortgage payment had to be this amount because I was shortage in the escrow. I didn't know what to say, only because this entire process from the very beginning has been a struggle for me. I did EVERYTHING that SPS asked me to do. 1. I called twice a week 2. I emailed once a week 3. I checked my account everyday for status change or document request. 4. Followed they're direction and honesty 5. Went to HUD counselor and asked for help. I was still confused, not understanding and not knowing how under writing or management could come up with these Payments with having all my financial information Since XX/XX/XXXX. All of this doesn't make sense I feel like its guessing game to see if the customer says yes to payment. When speaking with management I expressed to her my gratefulness and appreciation for all the help but I needed to be honest and told her I didn't think that I could afford a monthly payment of {$5100.00}, only because the company I work for wasnt doing well and there were rumors they might close and I was afraid I may lose my job soon. I was assured it would be okay and convinced to take the agreement to save the home and then down the line SPS would help me again if needed. Well I lost my job and can not afford the {$5100.00} a month which I let SPS know upfront. After a year as of XX/XX/XXXX the mortgage has gone up to {$6700.00} a month because they said I never paid the shortage of the escrow. When they gave me the agreement in min XX/XX/XXXX they told me that they could not honor the original payment it had to increase because I had to pay the shortage on the escrow. Now when I questioned them of why the mortgage is so high they said my taxes went up which caused the escrow to be short. I recently called the town to see if my taxes did go up {$11000.00}. a year and they said it only increased {$900.00} a year. I now I can not afford this new mortgage payment with not being employed. I did notify SPS, that I lost my job and asked for help and they said they could not help me. I sent them my unemployment documents as requested and they denied me assistance. I think this was there intention all along. Now I need help and SPS does not want to help me. Now that I look back at the agreement that was offered to me I never realized they were adding all these Late fees, Surcharges and additional Fees to my mortgage balances where the mortgage balance is now outrageous. I was never told me they would add all these fees to the mortgage. SPS knows that they took there time modifying me and they delayed the process of the modification and wasted so many months they should of been fair and honest by waiving some of the fees to help me not hurt my family and I. I should have been more careful and not believed anyone at SPS that they wanted to help me. I just don't know what I could have done to get someone to be honest and guided me and walked me through all the different programs they offer to help me. Many of the representatives at SPS are very nice but its obvious they don't care about the consumer and no one communicates with each other because they all misguide you with different information. What can I do to save my home .Do I start all over again! Please help
Company Response:
State: NJ
Zip: 070XX
Submitted Via: Web
Date Sent: 2018-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A