Date Received: 2023-08-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing, Inc. ( SPS ) Sent another " Annual Escrow Analysis '' after having previously informed us that our new payment amount would be {$1900.00}. XXXX XXXX on the analysis indicates that our new payment amount would be {$2000.00}, however on the coupon for sending in an advance escrow payment it indicates that our payment amount will increase by {$6.00}. SPS has used figures under " current payment '' that represent our payment prior to the " Annual Escrow Analysis '' that was received dated XX/XX/XXXX. We question why SPS is allowed to send another " Annual Escrow Analysis '', in a matter of weeks, and given the above discrepancy we have little faith that SPS is handling the escrow account properly. In addition, the latest analysis was dated XX/XX/XXXX, to be effective XX/XX/XXXX. As normal, since the XXXX HAMP modification, we have paid the mortgage on the first business day of the month, hence the XXXX payment was made on XX/XX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: As a sovereign living women made payment by mail to SELECT PORTFOLIO SERVICING XXXX, located at XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX on XX/XX/2022 for the mortgage debt in the legal entity name. It has come to my attention the debt collecting company has been paid in full at closing under title 15 section 1605 ( a ) and title 15 section 1691 ( a ) via extension of credit. As the bearer of the mortgage-backed securities 31 CFR 328.6 ( a ) and under UCC -3-302 as holder in due course sent ( UCC 3-104 section F ) tender of payment under UCC-3-603 to SELECT PORTFOLIO SERVICING INC . The company Select Portfolio Services deny payment under UCC-3-603 ( b ). Whereas 1782 Act sign in congress states the American people are the original creditors therefore SELECT PORTFOLIO SERVICING violates title 15 section 1602 ( g ) and title 15 section 1605 ( a ). Furthermore, out of dishonor SPS violates FDCPA and violates UCC 5-102 section 8. SELECT PORTFOLIO SERVICING Inc, are in violation of consumer credit under ( Truth In Lending Act ) title 15 section 1692 ( b ) section 2, shall not state consumer owe any debt. All debt collectors shall face legal action under title 18 section 241 Conspiracy against rights and title 18 section 242-Deprivation of rights under Color of Law. For the violation Title 15 section 1692 ( i ) section ( b ) and title 18 section 1341-Fraud & Swindle. Without prejudice, All Rights Reserved UCC 1-308.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11226
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: My husband and I are currently trying to refinance our home. We originally had a mortgage from XXXX. The loan was sold to SPS Servcing in XXXX. We are unable to get the home refinanced due to a deferred interest balance that XXXX had put on our account. We do not recall having the loan remodified or payments deferred. The underwriter is asking for paperwork showing what this interest is for. I originally spoke to SPS XXXX weeks ago to see if they had documentation from XXXX explaining the interest. I was told that this was something that was done by the previous lender and they only documentation they had were copies of statements. They said I would have to contact XXXX. I am sure you are aware that XXXX is out of business! There is no one we can talk to about this deferred interest! A week later I spoke with SPS again to see what paperwork was sent from XXXX when the mortgage was sold to them. I was told nothing was sent over from the previous lender. How can this be- where is all the paperwork! A few days later my mortgage officer from XXXX XXXX and I called SPS on a conference call to see if we couldn't get some sort of explanation! We found the individual from SPS to be nice but no very willing to do any research or look further to try and assist us! On Tuesday, XX/XX/XXXX I called SPS again to see if they had found anything. I was told by the individual who answered the phone that she found a document dated XXXX that showed the deferrment. She was going to send it to me. I did not receive it! Once again on Wednesday, XX/XX/XXXX my mortgage officer and I made a conference call to XXXX at SPS to see the status of the document that the individual from the XX/XX/XXXX call was going to send me. She informed us that according to their correspondance no request for a document was issued. We were on the phone with XXXX for about XXXX minutes asking and begging her to do further research and she replied that all she had were the papers in the files. She finally agreed to have the research department look at our file. She obviously was not willing to do anything further than read her file. My husband and I are between a rock and a hard place- we need to get our home refinanced ASAP. How can a company like XXXX sell a mortgage and not forward all the documentation to the new owner ( SPS )? Please help us. XXXX & XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34761
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX COMPLAINT AGAINST XXXX XXXX XXXX AND SELECT PORTFOLIO XXXX XXXX XXXX XXXX XXXX XXXX UTAH XXXX XXXXXXXX LOAN # XXXX XXXX XXXX I XXXX XXXX HAVE BEEN IN LITIGATION OF MY HOME IN XXXXXXXX XXXX SINCE XXXX. I AM A PAID VICTIM OF THE FINANCIAL FRAUD YOU BROUGHT AGAINST THE BANKS TO HELP THE HOMEOWNERS OF THESE LOANS. THIS LOAN STARTS WITH XXXX XXXX THEN XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AND NOW FINALLY RESTING WITH SELECT PORTFOLIO. WHEN THESE LOANS GET BUNDLED AND SOLD THEY CRAWL UP FROM ONE SERVICER TO ANOTHER SO ANY FORWARD LITIGATION YOU ACHIEVE GETS IMMEDIATELY SHUFFLED TO THE NEXT, FORCING BORROWERS TO SPEND TIME AND MONEY TO LITIGATE. I AM CHALLENGING THE VALIDITY AND INFOCEABILITY OF THIS NOTE AS THIS IS NOT WHAT I APPLIED FOR AND LENDER CLOSING INSTRUCTIONS WERE NOT FOLLOWED. EXHIBIT 1 COPY OF FINAL HUD SHOWING LENDERS CLOSING INSTRUCTIONS. EXHIBIT 2 A&B COPY OF ORIGINAL APPLICATION SHOWING APPLICATION FOR 30 YEAR INTEREST ONLY MORTGAGE. EXHIBIT 3 A&B NOTE AND 5 YEAR ADDENDUM * BROKER ADVISED PRIOR TO CLOSING ADDENDUM ADDED TO THE NOTE WOULD REDUCE MY INTEREST RATE. HOWEVER WOULD REMAIN AN INTEREST ONLY MORTGAGE. EXHIBIT 4. TRUTH IN LENDING AT CLOSING SHOWING PAYMENT BREAKDOWN AS REGULATED. EXHIBIT 5 XXXX XXXX XXXX STARTED SERVICING THIS LOAN IN XXXX COPY OF MY XXXX MORTGAGE STATEMENT SHOWS THAT IN XXXX PAST THE 5 YR NOTE ADDENDUM SHOW NO ACCELERATED P&I FOR 25 YEARS. BOTTOM OF STATEMENT SHOWS A 30 INTEREST ONLY UNDER LOAN TYPE. WRONG NOTE WRONG LOAN. EXHIBIT 6 XXXX XXXX CALCULATOR SHOWING THAT THIS NOTE IS NOT MY LOAN. NOTE FRONT FACE IS A 30 YEAR PRINCIPAL AND INTEREST PRODUCT. THIS IS NOT WHAT I APPLIED FOR. THIS IS NOT MY NOTE IT IS NOT MY LOAN. WHEN I DISCOVERED THE PROBLEM WITH THE NOTE I SPOKE WITH THE OMBUDSMAN FOR SELECT PORTFOLIO AT THE SAME TIME THAT THEY DENIED MY CHANCE TO MIDIGATE DAMAGES ON ALL SIDES WITH A PRINCIAL REDUCTION AS PART OF MY SETTLEMENT. I HAD ASKED AT THAT TIME TO LET THE ATTORNEY KNOW ABOUT THE NOTE AND THAT I INTENDED TO CHALLENGE IT. IMMEDIATELY AFTER THAT SELECT PORTFOLIO FILED A LOST NOTE AFFIDAVIT WHICH THEY HAD RECENTLY BROUGHT TO ANOTHER HEARING. EXHIBIT 7 RCW 19.144.080 UNLAWFUL ACTION STATES ADDRESS THESE CONCERNS WHEN IT COMES TO THE BORROWER CONCLUSION: WHERE IT STANDS NOW. THIS WAS A JUDICIAL FORCLOSURE IN WHICH I HAVE A ONE YEAR STATUTORY RIGHT TO READEAM. THE FOLLOWING IS A CHAIN OF EVENTS THAT LEADS TO NOW. MY ATTORNEY AT THE TIME FILED AN APPEAL THAT INC THE FORECLOSURE AND THE STATUE OF LIMITATIONS. THE APPEALS COURT RULED ONE IN MY FAVOR 2 NOT. WE THEN APPEALED THE CASE TO THE SUPREME COURT WAITING FOR THEM TO DECIDE TO HEAR. THAT HEARING WAS SET FOR XXXX XXXX. SHERRIFF,S SALE WAS SCHEDULED FOR XXXX XXXX SELECT INSTEAD OF WAITING FOR HEARING FROM THE SUPREME COURT SELECT PUSHED THRU THE SALE WITH AN ACTIVE INJUNCTION, BID THE HOUSE BACK TO THEMSELVES. SALE WENT FORWARD REDEMPTION PERIOD STARTED TO TRACK. BACK TO COURT ON SALE AND INJUNCTION. JUDGE DID NOT KNOW HOW TO HANDLE AND LEFT IT ALL UP IN THE AIR NOT KNOWING HOW TO RULE. ANOTHER HEARING WAS PROMISED, NO RESPONSE UNTIL SUPREME COURT DECIDED NOT TO HEAR THE CASE. BACK TO COURT FOR RULING ON INJUNTIVE SALE AND RIGHT TO REDEAM. JUDGE RULED IN SELECTS FAVOR MAKING REDEMPTION RETROACTIVE TO XXXX. MY REDEMPTION IS UP ON XXXX XXXX XXXX. I HAVE FOUGHT THIS INJUSTICE FOR YEARS AND NOW THEY WANT TO PROCEED AND CLAIM MY PROPERTY BASED ON A NOTE THAT IS NOT MINE, A MORTGAGE THAT IS NOT MINE. EXHIBIT 8 THIS NOTE SHOULD BE VOIDED OR DISSOLVED. I PROVED TO YOU IN XXXX THAT I WAS A HARMED BORROWER. I RECEIVED XXXX XXXX WHICH WAS LESS THAN WE WERE PROMISED. I AM ASKING FOR YOUR HELP IN THIS MATTER AGAIN AS TIME IS RUNNING SHORT. THIS CASE AT PRESENT IS NOT IN LITIGATION.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: When XXXX hit in XXXX of 2020, SPS offered deferment. I accepted it, as my hair salon business revenue went to zero overnight. Once deferment was up after XXXX days SPS did not offer me any options but to pay the last three months and current month. That was no possible due to loss of income due to covid. I called SPS and they suggested I apply for mortgage assistance/ modification. They said i was a perfect candidate and not to worry. we began this mortgage assistance around XXXX of 2020, I was very prompt in getting the required documents, however SPS seemed to either struggle with understanding the process or dealing the process with asking question over and over that had been answered in documents or on phone with a rep. SPS has denied me mortgage assistance for the second time, they say I do not have enough net income for repayment, that is not true. I have offered to pay {$50000.00} upfront and begin a XXXXmoth repayment. They also say the protection time for being impacted by covid has passed. How has it passed this review was opened in 2020 and from what I have witnessed SPS has delayed the process. My home is very important to me, I tried to begin paying in 2020 however I was not allowed due to being in default, I was in default because SPS offer me deferment then asked me to apply for mortgage assistance. SPS has not acted in good faith in this process, they have delayed the process with elementary inquires. It could be the investor not the mortgage management company SPS, who ever is at fault for causing this process and or review to take over 3 years has not treated me fairly. All I want to do is pay my mortgage, come up with a resolution so that I can get current.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 780XX
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have called this bank NUMEROUS times to try and resolve my issue of the bank REISSUING cashiers check number XXXX dated XX/XX/2022 in the amount of XXXX This check was damaged, never cashed and needs to be reissued. I do not know what their problem is. I have called SOOOOO many times, and no one has reissued this check. I understand it must be payable to XXXX XXXX, Please reissue this check for escrow refund. Home has been sold and loan paid for long ago.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60188
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This is an ARM mortgage that was bought out by SPS, and the rates are very high. Paying {$270000.00} just interest per month on a XXXX k balance. They keep raising the rates and according to them it is legal to do so. While others are getting 6 % or less loans we have been paying 9,99 % and going up to 10.99 % in XXXX. They can raise the rates to 14.99 % if they want. At that point we will be forced out of our house, that we have lived in for 22 years. When we got this loan the " broker '' lied and said ; this was " all he could do for us ''. The original rate was under 7 %. I am XXXX XXXX XXXX, my wife is XXXX, We just want be able to live here. I tried to get a refinance, or a reverse mortgage, but we can't because of some EXTREMLY old debts from when our business failed. I did not file bankruptcy then, but should have. I think by law these old debts, are due to retire soon, These debts are nearly XXXX XXXX XXXX. Isn't there some sort of statute of limitations on very old debts? We have not missed a payment in 13 years. And our credit is good. I believe we are victims of a predatory loan.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80023
Submitted Via: Web
Date Sent: 2023-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-14
Issue: Unable to get your credit report or credit score
Subissue: Other problem getting your report or credit score
Consumer Complaint: My bank ( Select Portfolio ) is not reporting my mortgage payments to any of the 3 credit bureaus. I called several times, each time i was told to get reaffirmation letter, i called several attorneys for legal advice and i was told its too old to get reaffirmation letter, i filled XXXX XXXX in 2014, bank is asking letter from that 2014 XXXX XXXX case, i only need bank to report my payments to all XXXX credit bureaus. My loan was transfered from XXXXXXXX XXXX XXXX to Select protfolio more then 2 years ago. Thanks
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20854
Submitted Via: Web
Date Sent: 2023-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have owned my house for 30 years and always paid my payments on time. I am having a major problem with my lender Select Portfolio Servicing, they are unorganized and creating problems for me with their bad accounting and I really don't know who to believe there. I am now behind on payments through no fault of my own and they are becoming aggressive and telling me if I don't pay up they might start foreclosure. I have been on automatic debit payments with SPS since they took over my loan and my payments always were drafted on the XXXX. In XXXX someone was able to hack into my son 's bank account, which was connected to mine. They were able to get the money out of both accounts and these scammers took it all, probably over {$2000.00}. I immediately called SPS and told them what had happened and I said that I would try to catch up the following month because the payment for XX/XX/XXXX was not going to go through. The agent told me that is fine, we will make a note of it. Their agent said that the SPS system showed that the money had already been drafted from my account. I was certain that it would get returned because of insufficient funds. We were waiting to hear back from the bank. Then I got a letter from them that said that the XXXX payment did clear. I was confused because there was not funds available when the payment was due. I went into my bank in person and went through their records. There was no paper trail to show that the XXXX payment went through, but the letter they sent me said that it did go through? Once we got to XXXX we were confused and not sure what was going on. I made the XXXX payment online after the usual due date because we had cancelled the automatic debit. SPS verified that they received it, but then our next statement said this payment was applied to XXXX? They had already sent a letter saying that they had received the XXXX payment? What is the truth here?? I called in and complained and they said they would look into everything. The XXXX said SPS never received the XXXX payment. If that is true why did they send the letter?? When I tried to make the XXXX payment I was sent a revised balance sheet and there were additional fees. I really don't know what is going on or what I owe. The last time I called I talked to a guy who said I was XXXX months behind and that I better get caught up or I am going into foreclosure. I don't deserve this treatment. I always paid SPS and something happened to us because of scammers and they are blaming me. I served my country for XXXX XXXX in the XXXX XXXX and then worked for XXXX in the warehouse and then as a driver. I began having back problems and left that job and worked part time in food service as deli supervisor at a local school. Due to my physical problems I am no longer able to work there and live on fixed income along with the contribution from my son. I don't have a problem making the mortgage payment, I have the ability to pay but it seems like Select Portfolio Servicing has problems with bookkeeping. I would really like to see an accounting of the payments that I have made and how they were applied and also list what fees I have been charged and a full explanation of this situation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WI
Zip: 53225
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX Select Portfolio Servicing Attn : Consumer Ombudsman XXXX XXXX XXXX XXXX XXXX XXXX UT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL. XXXX RE : Old loan # XXXX, New Loan # ( Created in XXXX ) XXXX, SPS Financing, It has been brought to my attention that SPS Financing, better known as Select Portfolio Servicing Inc. held the loan and has been collecting payments from XXXX XXXX since XXXX. SPS Financing sold or transferred the loan to XXXX XXXX in XXXX. According to legal records in XXXX XXXX XXXX XXXX XXXX, the loan was authorized and was taken over by the Government State Entity called the Florida XXXX XXXX XXXX in XXXX. SPS Financing did not have the authority to sell or trade the loan, offer any modifications, or collect any payments consisting of principle, interest, and escrow. During this duration SPS Financing was not the holder of the loan. Furthermore, the loan was sold/transferred back to SPS Financing from XXXX XXXX from the years XXXX, The official records of Satisfaction Of Mortgage Note and Loan Modification states that the loan was paid off XX/XX/XXXX. I am requesting : ALL PAYMENTS INCLUDING PRINCIPAL, INTEREST, AND ESCROW THAT WAS COLLECTED FOR THE YEARS, XXXX XXXX, XXXX BE REIMBURSED BACK TO ME WITHIN 30 BUSINESS DAYS OF THIS LETTER. In closing, there will be a complaint filed to CFPB for further investigation into this matter. Also attached to this letter is the legal document Satisfaction Of Mortgage Note And Loan Modification. ID FOR COMPLAINT SENT TO SPS FINANCING XXXX FILED XX/XX/XXXX Please Govern Yourselves Accordingly, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33556
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A