Date Received: 2018-02-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS has refused to modify my loan. They offered a repayment plan with a balloon payment in 13 months of XXXX.I filed a chapter XXXX and my debts were discharged, but that are making me pay the all of the back payments
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30094
Submitted Via: Web
Date Sent: 2018-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX mortgage servicer, Select Portfolio Servicing ( SPS ), has continued to not resolve the dispute that had led to the filing of CFPB complaint numbers XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, and XXXX against SPS and XXXX and XXXX against prior servicer XXXX with the CFPB. None of the complaints have been resolved. Seven complaints have been filed against Select Portfolio Servicing ( SPS ). They continue to not resolve the dispute I have stated in every complaint. It has come to my attention that they are not informing the mortgage holder, XXXX XXXX, of these disputes, and that XXXX XXXX does not know that the mortgage may be void and unenforceable according to Hawaii law. If a foreclosure is filed on the property it will go to mediation, but if a foreclosure is filed then it will be filed by the mortgage holder and not by SPS. By not informing XXXX XXXX, SPS has given the mortgage holder a defense in court. That defense will be stated as : we didnt authorize SPS or XXXX to state or say that This means that SPS and XXXX do not have to abide by laws because they have nothing to lose. This action taken by SPS should be illegal and tantamount to fraud. I have repeatedly stated in writing and said verbally, that if the mortgage is proven valid then I will begin making payments again after the agreement between XXXX representatives and myself has been upheld. There is no need to foreclose on my home. Foreclosure is a waste of money since these same issues will be brought up in mediation, which will result in the same conclusion by the court. The court will rule that either the mortgage is void and unenforceable or that XXXX XXXX will have to abide by the agreement made between XXXX representatives and myself and be ordered to add the missed payments to the end of the mortgage, clear my credit record, and order me to resume payments, which I have agreed to do multiple times since this dispute began in XX/XX/XXXX. In the latest correspondence from SPS they have now accelerated the mortgage and are demanding full payment. They still refuse to honor the agreement between XXXX and myself and though in every complaint I have made to the CFPB and to them directly they have continually failed to resolve the issues. I received a letter dated XX/XX/XXXX from Select Portfolio Servicing. The letter stated that I am in default on my loan and listed several options to help me. The second option was Payment Deferral. This has never been offered before by SPS. I have consistently complained and stated to SPS, since SPS took over the account from XXXX that the reason I have stopped making my payments was because XXXX did not honor the agreement that I had with them when the Disaster Relief Program ended. At that time the 6 months of payments that I had missed while on the program were supposed to be added to the end of the loan and I was supposed to resume making my payments in XX/XX/XXXX. XXXX representatives called that a Workout. In this letter SPS calls it a Payment Deferral. This has been the subject of seven complaints to the CFPB directed at SPS and two complaints to the CFPB directed at XXXX. These complaints should be made available to the mortgage holder to review so I will not list them here. Now SPS is offering a Payment Deferral, which as I have stated in every complaint, would clear this matter up. However, now they expect me to give them documentation similar to what is required for a modification. I refuse to do this because it was not required when I was on the Disaster Relief Program and should not be required now. I will only abide by the deal between XXXX representatives and myself. SPS and XXXX have been severally, and illegally, hurting my Credit Rating for years because of my protest, now SPS is offering me what was offered to me by XXXX in XX/XX/XXXX, which XXXX did not honor. The only one that should be able to report to the credit reporting agencies is the mortgage holder, not the mortgage servicer whom has no responsibility in a foreclosure proceeding. I also complained to the CFPB that XXXX purposely dragged out my mortgage Modification in XXXX to XXXX, a charge they have repeatedly denied multiple times and also in both complaints to the CFPB. In a letter from XXXX, dated XX/XX/XXXX, they stated : We found that we may have made an error while we serviced your loan that could have extended the document collection period during our review of your application for mortgage assistance. Weve enclosed a check for {$100.00} as compensation. Then the third paragraph stated : We sincerely apologize for not providing you with the level of service you expected from us. Basically this states that we are sorry for extending the time it took us to modify your mortgage while it continued to add payments to the modification at 8.1 %, which we added to the back end of your loan costing you several hundred thousand dollars more than the home is worth than it would have cost you if we had done our job correctly. So does the CFPB, SPS, or XXXX XXXX think that XXXX did not do their job when they did not honor the agreement that we had on the missed payments being added to the back end of the loan in a Workout during the Disaster Relief Program? As I have stated in every single complaint to the CFPB and directly to XXXX and SPS previously, if the payments that I have missed since XX/XX/XXXX were added to the end of the loan as agreed and my credit report is cleared of 180 day late designations and replaced with NR designations, thereby fixing my credit report, then I will gladly begin making payments again. XXXX and SPS are both guilty and I am not going to be penalized for XXXX and SPS deliberate mistakes or should I say illegal activity. Too much damage has been done to me because of this and neither can fix what they have done to me beginning in XX/XX/XXXX through today, but they can clear this up now. Also, I still dont have any proof that the mortgage is valid according to Hawaii law, which is why I assume that XXXX and SPS are attempting to repair their wrong doing and hide their illegal activities. The mortgage holder should be made aware of all of the complaints, all of the correspondence and all of the verbal communication, which has been recorded between XXXX and SPS and myself. In each of SPSs letters responding to my complaints, they do not adequately answer any of the questions that I have asked. They have not provided any evidence that the mortgage broker was licensed in Hawaii at the time I received my mortgage. If the broker was not, then the mortgage is void and unenforceable, a precedent set by a Hawaii Supreme Court decision in XXXX. SPS has provided a statement that the foreclosure has not been converted from a non-judicial foreclosure to a judicial foreclosure as they have claimed previously. They have not investigated my claims of an agreement I had with XXXX prior to SPS taking over the servicing of the mortgage, that are detailed on recordings that XXXX owns. SPS states that XXXX does not have any evidence of the agreement. The agreement is stated on the recordings and without hearing the recordings, which is the evidence XXXX is suppressing, then my complaints will continue until XXXX and SPS comply. SPS continues to mislead the CFPB by stating that they have tried to reach me by telephone but fail to acknowledge that I have returned their phone calls when they leave messages. I periodically reviewed my caller ID and find recent phone calls from SPS were made but there werent any messages left on my voice mail. This is another deception by SPS to attempt to deceive the CFPB into thinking that I am unreachable and do not return phone calls. If a voice message was left I have always returned the call. I can not see caller ID when I access messages from a remote location. If a voice message was not left I have no knowledge of the call. SPS continues to state in their correspondence that they are committed to helping people retain their homes. I have given them every opportunity to honor the XXXX agreement, which is listed in all of my CBPB complaints. Once they honor the agreement I will gladly resume my payments. They also must fix my credit report because I would have resumed my payments as agreed in XX/XX/XXXX if the agreement I had with XXXX was honored at that time. As stated in previous complaints, I am continuing to get punished by negative reports on my credit report because I do not have another option to defend myself in this dispute. As previously stated numerous times over the last few years, I can resume my payments at any time, but XXXX XXXX can still foreclose and SPS will continue to designate 180-day late notices on my credit reports. Also, SPS and XXXX do not have offices in Hawaii so I can not subpoena the recordings. I am confident that if a foreclosure is filed, and the mortgage is not void and unenforceable, that the Judge will order the recordings I have continually requested, delivered to the court. I have made every effort to keep a foreclosure from proceeding but SPSs continuing refusal to demand XXXX turn over the recordings, and their repeated statements that the matter has been resolved has led to these drastic actions. I am sure that XXXX XXXX has not been informed of any of these complaints by either SPS or XXXX. If they had been then I am sure they would attempt a resolution.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: HI
Zip: 967XX
Submitted Via: Web
Date Sent: 2018-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We were offered a loan modification with interest rate of 4.9 % and a final balloon payment of over {$130000.00} at maturity in XXXX, by that time I will be XXXXyrs and my husband will be XXXX yrs God willing, where do we get {$130000.00} to pay after the loan matures? we had to decline this offer because is like deferring foreclosure on our house till old age. We simply want something reasonable to help us afford the loan and prevent future foreclosure as well. The loan balance is above market value so we can not refinance, this means that we are stuck and the only other option is to make it affordable or face foreclosure. As advised, we are requesting further review based on the Real Estate Settlement Protection Act, RESPA. The requested RMA and percentage ownership information has been forwarded to the appropriate department. Thanks, we will greatly appreciate favorable consideration, looking forward to a favorable response.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX XXXX XXXX A full short sale package was faxed to SPS on XX/XX/17. Week after week SPSs underwriting dept claims something is missing, even though the short sale was started almost 2 months ago. They are refusing to do a complete review of the file and give a complete list of items missing at the beginning of this transaction. Instead they piece-meal it out and claim something different is missing each week. They ignore the documents we have already sent, even though their front-end dept can see it clear as day. They ask for proprietary items that do not exist online. They make up requests that have nothing to do with this borrowers situation. Clearly, SPS doesnt have enough employees, and they are doing anything they can to reduce their workload. SPS has too many files, too few employees, and they are simply not able to service their files appropriately. This is happening on all of our files with SPS recently -- It is also happening on XXXX XXXX for homeowner XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS LN XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX XXXX XXXX A full short sale package was faxed to SPS on XX/XX/17. Week after week SPSs underwriting dept claims something is missing, even though the short sale was started almost 2 months ago. They are refusing to do a complete review of the file and give a complete list of items missing at the beginning of this transaction. Instead they piece-meal it out and claim something different is missing each week. They ignore the documents we have already sent, even though their front-end dept can see it clear as day. They ask for proprietary items that do not exist online. They make up requests that have nothing to do with this borrowers situation. Clearly, SPS doesnt have enough employees, and they are doing anything they can to reduce their workload. SPS has too many files, too few employees, and they are simply not able to service their files appropriately. This is happening on all of our files with SPS recently -- It is also happening on LN XXXX for homeowner XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX, the owner of my mortgage, has a rule in place that unfairly prejudices a homeowner in the foreclosure process from being fairly considered for a HAMP loan modification. While in a foreclosure status, my mortgagee refuses to accept any payment that is not the full reinstatement amount. For example, while in a foreclosure status, the mortgagor can not pay monthly payments. For example, the mortgagor can not make a {$50000.00} payment if {$51000.00} is the reinstatement amount. The loan amount in arrears is a key determinant in whether a loan is modified. The loan modification process takes a very long time. In my case, I received a foreclosure status on XX/XX/XXXX and I received a loan modification rejection notice on XX/XX/XXXX -- this is 13 months when I could not make any payments, 13 more months of loan arrearage that I was prevented from addressing by this rule ( I tried and the payment was returned ). This rule directly leads to increased arrears, which adversely and materially reduces the probability of a successful loan modification. This is grossly unfair to the conscientious consumer. I have called and emailed the loan servicer, Select Portfolio Servicing, multiple times about this rule and have been told by various customer service representatives, " It's the rule and there's nothing I can do about it ''. Sample dates of contact when I discussed this subject include : XX/XX/XXXX with XXXX XXXX, XX/XX/XXXX with XXXX XXXX, XX/XX/XXXX with XXXX XXXX, XX/XX/XXXX with XXXX XXXX, XX/XX/XXXX with XXXX XXXX, XX/XX/XXXX with XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 022XX
Submitted Via: Web
Date Sent: 2018-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing ( SPS ) has continued to not resolve the dispute that had led to the filing of CFPB complaint numbers XXXX, XXXX, XXXX, XXXX, XXXX, and XXXX against SPS and XXXX and XXXX against XXXX with the CFPB. None of the complaints have been resolved. This is the seventh complaint that has been filed against Select Portfolio Servicing ( SPS ). They continue to not resolve the dispute I have stated in every complaint. It has come to my attention that they are not informing the mortgage holder of these disputes, and that the mortgage holder does not know that the mortgage may be void and unenforceable according to Hawaii law. If a foreclosure is filed on the property it will go to mediation, but if a foreclosure is filed then it will be filed by the mortgage holder and not by SPS. By not informing the mortgage holder, which is XXXX XXXX, SPS has given the mortgage holder a defense in court. That defense will be stated as : we didnt authorize SPS or XXXX to state or say that This means that SPS and XXXX do not have to abide by laws because they have nothing to lose. This action taken by SPS should be illegal and tantamount to fraud. I have repeatedly stated in writing and said verbally, that if the mortgage is proven valid then I will begin making payments again after the agreement between XXXX representatives and myself has been upheld. There is no need to foreclose on my home. Foreclosure is a waste of money since these same issues will be brought up in mediation, which will result in the same conclusion by the court. The court will rule that either the mortgage is void and unenforceable or that XXXX XXXX will have to abide by the agreement made between XXXX representatives and myself and be ordered to add the missed payments to the end of the mortgage, clear my credit record, and order me to resume payments, which I have agreed to do multiple times since this dispute began in XX/XX/XXXX. In the latest correspondence from XXXX they have now accelerated the mortgage and are demanding full payment. They still refuse to honor the agreement between XXXX and myself and though in every complaint I have made to the CFPB and to them directly they have continually failed to resolve the issues. I received a letter dated XX/XX/XXXX from XXXX XXXX XXXX. The letter stated that I am in default on my loan and listed several options to help me. The second option was Payment Deferral. This has never been offered before by SPS. I have consistently complained to SPS, since SPS took over the account from XXXX that the reason I have stopped making my payments was because XXXX did not honor the agreement that I had with them when the Disaster Relief Program ended. At that time the 6 months of payments that I had missed while on the program was supposed to be added to the end of the loan and I was supposed to resume making my payments in XX/XX/XXXX. XX/XX/XXXX representatives called that a Workout. In this letter SPS calls it a Payment Deferral. This has been the subject of six complaints to the CFPB directed at SPS and two complaints to the CFPB directed at XXXX. These complaints should be made available to the mortgage holder to review so I will not list them here. Now SPS is offering a Payment Deferral, which as I have stated in every complaint, would clear this matter up. However, now they expect me to give them documentation similar to what is required for a modification. I refuse to do this because it was not required when I was on the Disaster Relief Program and should not be required now. I will only abide by the deal between XXXX representatives and myself. SPS and XXXX have been severally, and illegally, hurting my Credit Rating for years because of my protest, now SPS is offering me what was offered to me by XXXX in XX/XX/XXXX, which XXXX did not honor. The only one that should be able to report to the credit reporting agencies is the mortgage holder, not the mortgage service whom has no responsibility in a foreclosure proceeding. I also complained to the CFPB that XXXX purposely dragged out my mortgage Modification in XX/XX/XXXX to XX/XX/XXXX, a charge they have repeatedly denied multiple times and also in both complaints to the CFPB. In a letter from XXXX, dated XX/XX/XXXX, they stated : We found that we may have made an error while we serviced your loan that could have extended the document collection period during our review of your application for mortgage assistance. Weve enclosed a check for {$100.00} as compensation. Then the third paragraph stated : We sincerely apologize for not providing you with the level of service you expected from us. Basically this states that we are sorry for extending the time it took us to modify your mortgage while it continued to add payments to the modification at 8.1 %, which we added to the back end of your loan costing you several hundred thousand dollars more than the home is worth than it would have cost you if we had done our job correctly. So does the CFPB, SPS, or XXXX XXXX think that XXXX did not do their job when they did not honor the agreement that we had on the missed payments being added to the back end of the loan in a Workout during the Disaster Relief Program? As I have stated in every single complaint to the CFPB and directly to XXXX and SPS previously, if the payments that I have missed since XX/XX/XXXX were added to the end of the loan as agreed and my credit report is cleared of 180 day late designations and replaced with NR designations, thereby fixing my credit report, then I will gladly begin making payments again. XXXX and SPS are both guilty and I am not going to be penalized for XXXX and SPS deliberate mistakes or should I say illegal activity. Too much damage has been done to me because of this and neither can fix what they have done to me beginning in XX/XX/XXXX through today, but they can clear this up now. And I still dont have any proof that the mortgage is valid according to Hawaii law, which is why I assume that XXXX and SPS is attempting to repair their wrong doing and hide their illegal activities. The mortgage holder should be made aware of all of the complaints, all of the correspondence and all of the verbal communication, which has been recorded between XXXX and SPS and myself. In each of SPSs letters responding to my complaints, they do not adequately answer any of the questions that I have asked. They have not provided any evidence that the mortgage originator and mortgage broker were licensed in Hawaii at the time I received my mortgage. If they were not, then the mortgage is void and unenforceable, a precedent set by a Hawaii Supreme Court decision in XX/XX/XXXX. They have provided a statement that the foreclosure has not been converted from a non-judicial foreclosure to a judicial foreclosure as they have claimed previously. They have not investigated my claims of an agreement I had with XXXX prior to SPS taking over the servicing of the mortgage, that are detailed on recordings that XXXX owns. SPS states that XXXX does not have any evidence of the agreement. The agreement is stated on the recordings and without hearing the recordings, which is the evidence XXXX is suppressing, then my complaints will continue until XXXX and SPS comply. SPS continues to mislead the CFPB by stating that they have tried to reach me by telephone but fail to acknowledge that I have returned their phone calls when they leave messages. I reviewed my caller ID this morning and found more recent phone calls from SPS were made but there werent any messages left on my voice mail. This is another deception by SPS to attempt to deceive the CFPB into thinking that I am unreachable and do not return phone calls. If a voice message was left I have always returned the call. I can not see caller ID when I access messages from a remote location. If a voice message was not left I have no knowledge of the call. SPS continues to state in their correspondence that they are committed to helping people retain their homes. I have given them every opportunity to honor the XXXX agreement, which is listed in all of my CBPB complaints. Once they honor the agreement I will gladly resume my payments. They also must fix my credit report because I would have resumed my payments as agreed in XX/XX/XXXX if the agreement I had with XXXX was honored at that time. As stated in previous complaints, I am continuing to get punished by negative reports on my credit report because I do not have another option to defend myself in this dispute. As previously stated numerous times over the last few years, I can resume my payments at any time, but SPS can still foreclose and will continue to designate 180-day late notices on my credit reports. Also, SPS and XXXX do not have offices in Hawaii so I can not subpoena the recordings. I am confident that if a foreclosure is filed, and the mortgage is not void and unenforceable, that the Judge will order the recordings I have continually requested, delivered to the court. I have made every effort to keep a foreclosure from proceeding but SPSs continuing refusal to demand XXXX turn over the recordings, and their repeated statements that the matter has been resolved has led to these drastic actions. I am sure that the mortgage holder has not been informed of any of these complaints by either SPS and XXXX. If they had been then I am sure they would attempt a resolution.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: HI
Zip: 967XX
Submitted Via: Web
Date Sent: 2018-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I feel I was forced into taking this Interest Only Loan that has a First Mortgage and a 2nd Mortgage lien on my property. I am older and have now been paying on these TWO loans for 10 years interest only and have NO principal pay down on my loan. I've worked so very hard to keep up the payments each month and have for XXXX years on two loans. Due to this stress and constance work schedule I am now terminally ill, unless I receive a XXXX XXXX. My insurance and XXXX require that I go with a XXXX XXXX XXXX in Texas. I tried to get a transplant in XXXX XXXX, closer to my home, which is in XXXX, Nevada. But my insurance company would not approve the expense in that area. So I was given no choice but to move to Texas. The move an expense of the move cost me literally thousands upon thousands of dollars now. My moving truck with all my items was robbed and all my valuables were stolen. The move itself cost over {$XXXX} dollars. I am working with my XXXX in XXXX, Nevada to Short Sale my home. We have a good offer and it is nearly enough to pay off both the 2nd and the first mortgage. Although, XXXX XXXX will not provide me a moving expense credit on the Short Sale. I know the loan that was sold to me at the time I purchased my home is now considered a predatory loan and with my payments at total of {$XXXX} for both loan & are with the same Lender ( see attached Mtg Stmnts ), I have now over a XXXX year period paid them an estimated {$XXXX0}, XXXX. I know my XXXX has been getting the run around by this Lender and mainly the Investor! I do not wish to take this to court proceedings, I am trying to work with them due to my health condition and are trying to not get upset. Although, the unfairness of denying my relocation expense of {$XXXX} is going XXXX XXXX me to seek an attorneys assistance. But I was told by my XXXX XXXX Might be able to help. I am asking you help me close on this Short Sale as soon as possible please with obtaining a {$XXXX} XXXX Assistance. I am attaching the HUD XXXX showing the request for the funds and how much the Bank/Investor will be gaining with the sale. Please help me for I need assistance and need this all to be put behind me so I can move forward, regain my health and live peacefully.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89506
Submitted Via: Web
Date Sent: 2018-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hi my is name XXXX XXXX. I have some concerns with my servicer Select Portfolio Servicing. I have a scheduled foreclosure sale date on XX/XX/2018. Recently I have mailed in a loan modification Request for Mortgage Assistance form along with all the necessary documents that are essential to having a complete packet. SPS have received a complete Request for Mortgage Assistance packet and its under review. Im still just worried that they will play some game right before the sale and foreclosure on my home. They still have not cancelled or postponed the sale even though they have a complete loan modification packet and its still in underwriting review. This is a continuous game they play and always are putting me on the edge and fear that I will lose my home. Can they just cancel the sale and work with me. Give me a good loan modification with a principal reduction or something that I could afford monthly. However number of financial factors that make it more profitable for a mortgage servicer avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by the servicer. However, this is countered by a number of financial factors that make it more profitable for a mortgage servicer such as Select portfolio Servicing to avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by Service companies because Service companies do not carry a significant risk of loss in the event of foreclosure. California Business and Professions Code 17200 et seq., also known as the California Unfair Competition Law ( UCL ), prohibits acts of unfair competition, including any unlawful, unfair, or deceptive business act or practice as well as unfair, deceptive, untrue or misleading advertising. Select portfolio Servicing and all other previous servicers and their Investors conduct was unlawful in that : They engaged in the uniform practice of requesting unnecessary documentation, seeking repetitive submissions of the same documents, and never rendering a decision, and in doing so, such activity provides the basis for an unfair inquiry and could deceive the me because it places burdensome requirements on me that served no purpose but to provide a basis for either engaging in Dual Tracking by selling my home and by denying loss mitigation options, such as loan modifications If they proceed with the sale they will be violating the California Homeowners Bill of Rights Act
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95691
Submitted Via: Web
Date Sent: 2018-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX, I made an accelerated principle payment on my mortgage (then serviced by XXXX) in the amount of $XXXX (proof attached in XX/XX/XXXX letter). In XX/XX/XXXX, I made another accelerated principle payment on my mortgage (then serviced by XXXX) in the amount of $XXXX (proof attached in XX/XX/XXXX letter). Total of accelerated payments = $XXXX. SPS (Select Portfolio Servicing, Inc.) is my current loan service provider. In the past year, I've tried multiple times via phone calls to SPS Customer Service to evaluate how these accelerated payments will affect my ultimate payoff date (not maturity date). SPS not once acknowledged that these accelerated payments had been made, gave me no guidance, and simply stated that the maturity date remains XX/XX/XXXX. Therefore, I wrote a formal letter on XX/XX/XXXX (attached) of this year asking for assistance with my situation. SPS wrote back on XX/XX/XXXX (attached) saying in part, that they could not give an "exact" payoff date due to the Adjustable Rate on my loan. Please note, I did not ask SPS for an exact date in my XX/XX/XXXX correspondence. On XX/XX/XXXX, I again responded (attached) asking SPS to acknowledge the accelerated payments and account for them, as well. In addition, I requested assistance in estimating a reasonable payoff date. On XX/XX/XXXX and XX/XX/XXXX, SPS responded (attached) in part, saying that they had already addressed my issues and considered the matter closed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91423
Submitted Via: Web
Date Sent: 2018-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A