Date Received: 2017-12-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our mortgage was recently sold to Select Portfolio Servicing, inc. We had XXXX which sold our mortgage to Select Portfolio. We had XXXX XXXX which was renamed to XXXX because of the complaints coming in because of their intimidation toward their customers. Select Portfolio Servicing was calling our home when our payment was not even late. It was not past 30 days at all. We are now receiving letters stating we are late and trying to state that our loan is in jeopardy and I have already paid it. This letter was received XX/XX/XXXX. I told them when they called, do not call me again. Today, we received this letter, when the mortgage was paid. These mortgage companies are harassing their customers when they have never been late. This has to be against the law. We have never been late by 30 days ever. This harassment by these mortgage holders has to STOP. By law, they should not have the right to intimidate!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 49525
Submitted Via: Web
Date Sent: 2017-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-25
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: The offer to fully pay/discharge the attached claim of debt on the condition that the claiming parties comply with this notice within 10 days of receipt of this correspondence has now passed, XXXX XXXX and all banks involved Mortgage XXXX XXXX XXXX, XXXX XXXX XXXXXXXX and including Select Portfolio Servicing have been notified that this debt was created by identity theft of the real parties in interest who owns and controls the real property located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX California [ XXXX ]. XXXX XXXX had XXXX years to notify all parties as the once alleged they owned the loan then later stated that they where only the servicer. Deceptive and misleading, all banks involved. More over Select Portfolio Servicing has failed to also not limited to XXXX XXXX XXXX and XXXX XXXX XXXX to verify the alleged debt. The documents they provided are fraud and forged. It is believed that the Notary XXXX XXXX forged the documents on behalf of XXXX XXXX XXXX MERS and other banks involved. This was kept in fraud movement due to employees XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX and other XXXX XXXX employees. Select Portfolio Services did as XXXX XXXX and all other banks involved failed to verify this alleged debt and has repeatedly produced new and more forgeries newly created. The following documents provided by all banks involved and as others stay quite not producing or announcing their presence as requested. 1.The Deed Of Trust is possible forged by XXXX XXXX It is believed that several XXXX XXXX employees and notary are known XXXX users 2.The entire loan document is forged and or robo signed by banks and their employees Core Logic stated that XXXX account for XXXX XXXX was created XXXX XXXX, and again on XXXX XXXX, XXXX acting as a medium to pay taxes therefrom No signatures of agents and or officers have been provided to verify this alleged mortgage 3.The loan itself is fraud due to the timing 4.There is no credit history with either banks for a mortgage loan and therefore all information has been deleted from the real party ( s ) in interest Aka the real property home owners. 5.There is no credit check history for this fraudulent alleged loan which indeed and in all accounts shows that there was clearly Identity Theft. XXXX XXXX California XXXX XXXX are investigating and has stated that this is common in the state of California known as DEED FRAUD 6.Court records that clearly indicate that XXXX XXXX XXXX nor XXXX XXXX XXXX have anything to do with any loans such as Mortgages Bank Loans nor any other type of loans not limited to addresses and other locations listed on credit report in the process of being removed, the court case and such is undisputed by all banks whom was notified of such claims. 7.Along with new documents presented by SPS and XXXX XXXX and its employees listed therein not limited to SPS non XXXX documented agents and or officers there are several documents not listed from HUD. Rule XXXX states all stated from XXXX XXXX and others are hearsay. Not admissible in any court or legal proceedings. XXXX XXXX and XXXX refused to provide all listed information including a wet signature which it is impossible to have due to the forged signatures upon the documents produced by SPS and XXXX which has been deemed forgeries more over no names or personnel has listed as in history of position title how long have they worked with the alleged records department bio resume etc, .. this is clearly fraud identity theft extortion. 9.Since the banks know that XXXX XXXX XXXX and his company is owed {>= $1,000,000} from his investments with XXXX XXXX XXXX XXXX now XXXX XXXX Securities they are attempting to extort distract and harass for monies not owed and or at least proven 10.Banks continue to request the same documents of police reports signatures and affidavits from the real property owners XXXX XXXX XXXX and XXXX XXXX XXXX which has been provided for the past two years yet they ignore those documents by creating in their minds an illusion that the attack upon their names and good reputation that some how the real property owners would simply give in and pay them 11.JPMorgan Chase/WaMu had received {$830000.00} for the alleged loan note by the insurer of this alleged loan rather they continue to attempt to extort 12.XXXX can not and is not legally in the position to own property nor to collect any funds be it servicing nor by way of a foreclosure all attempts in doing so has created a lawsuit against all involved. Pursuant to the truth in lending laws of the United States Code, Title 15 1601 et. seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq. This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. This notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : The name and address of the organization or other governmental unit alleging a debt ; The name and address of the person or persons in that organization or other governmental unit alleging a claim of a debt ; A copy of a alleged promissory note that has been forged is not verification. Both signatures from both sides are a true verification of a debt. The name of the actual creditor even if that is myself ; The origin of the funds used to create this alleged claim of a debt The actual records of the organization or other government unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt. The actual records of the organization or other governmental unit with a live signature on any and all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by a similar name. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 1601 et. seq. and Regulation Z. The actual records of the organization or other governmental unit showing that any and all document/instrument ( s ) containing my signature or the likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt. The person that prepares and swears to the validation of debt must describe : 1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) how long have you been in your position ; 4 ) when did you first come in contact with the alleged account/debt ; 5 ) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; 6 ) are you the person/employee who regularly works with the alleged account/debt ; and 7 ) do you have personal knowledge about the alleged debt and/or any alleged account. 15 U.S.C. 1692 ( e ) states that a false, deceptive, and misleading representation, in connection with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice. Pursuant to 15 U.S.C. 1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities. This is a constructive notice that, absent the validation of your claim within 10 days, you must cease and desist any and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each and every attempted contact, in violation of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt. None of the banks involved have provided requested information within the past three years and such case ten [ 10 ] days has been passed and no more time is allotted and such lawsuits are in process to be filed against all involved including personnel and or person aka corporations banks. Further, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal, or holder in due course, for whom you are attempting to collect this alleged debt. Please take notice that this is a criminal investigation of the business practices of the above named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your enclosed claim of collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 471, 472, 473 and/or 513, and further : using corrupt business practices to make and possess false records and claim of obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C. Title 18 1961 et. seq. and further : using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341 Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. 1842 Fictitious Names. Select Portfolio Servicing along with XXXX XXXX and XXXX XXXX has produced nothing but hearsay RULE 602 states that if its not first hand knowledge its inadmissible in any legal proceedings.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-24
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: XXXX XXXX XXXX reported {XXXX} with a remark stating loan modifiedon XX/XX/XXXX. This account in question supposed to be a mortgage which I dont have. The property thats been referred to was taken back in XX/XX/XXXXby XXXX XXXX XXXX ( principal balance was XXXX ) that was the last time I heard anything about the property. Until XXXX XXXX XXXX appeared on my credit report this month. The company stated to me that the loan was transferred to them by a company named XXXX ( I do not know the company ) in XX/XX/XXXX and I modified the loan in XX/XX/XXXX. I do not live in the property nor do I own the property since XX/XX/XXXX. To my understanding XXXX XXXX XXXX has received and holding insurance proceeds on my behalf which I did not give them any consent to do so. I have requested for the alleged application that I sign to request loan modification which the company is unable to provide.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 207XX
Submitted Via: Web
Date Sent: 2017-12-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-23
Issue: False statements or representation
Subissue: Told you not to respond to a lawsuit they filed against you
Consumer Complaint: Possible criminal conduct. See pdf.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CT
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am losing my home to foreclosure. The mortgage company Select Portfolio Servicing had sent me a letter with a number and email address for someone I can ask questions about my situation. I emailed them to ask if there was anyway that they can delay the foreclosure sale for a few months due to the fact that I ca n't find a place to live. I am recently divorced. My ex-husband ruined my credit, so I am having a hard time finding a place to live. They did send me a letter telling me that they would give me {$3000.00} if I leave the house. That sounds great but If I do n't have any where to live, that wo n't help. I never received an answer about delaying the sale. This is a really stressful time for me. It 's bad enough that after 25 years they are taking the house, but I need some more time to find a place to live. My car is n't big enough for my belongings. This mortgage company always stresses how much they want to help me. They have done nothing for me except create more stress in my life.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 175XX
Submitted Via: Web
Date Sent: 2017-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: in XX/XX/XXXX we signed for our son to mortgage property thru XXXX XXXX XXXX XXXX XXXX XXXX Mortgage apparently changed companies several times over the years. Son allowed mortgage to go into foreclosure. in XX/XX/XXXX it was scheduled for sheriff sale. We signed for Bankruptcy to stop the sale. We tried to speak with mortgage company about the account, payoff, selling property, etc. They would not speak with us. We were told, we are not on the mortgage, therefore they could not speak with us. Now if their mortgage does not have our name on it, and our name is on deed as owner, there seems to be a problem. Mortgage company kept maintaining we were not on mortgage. Now since we have filed bankruptcy we have to file a payment plan. We use the figure of {$110000.00}. since it was named on Sheriff sale papers. Now XXXX XXXX has filed motion to release them from Bankruptcy due to insufficient monies, and none payment to them. they are claiming {$130000.00}. due them. They have not supplied us with an actual account number, or an amount of monthly payments. If our names ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) are not on this account, then the account is in question of being fraudulent.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 173XX
Submitted Via: Web
Date Sent: 2018-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I purchase my house in XXXX XXXX and paid XXXX for my house then. I fell behind and filled bankruptcy in XXXX. Currently I am upside down on my home and Select Portfolio can not explain why I owe over XXXX for my home as of date.. I do understand there was fees but I should not owe more than I purchase the home over 17 years ago. It is like I stop paying on my home for 17 years in order for me to owe more than I purchase the house for in XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 27545
Submitted Via: Web
Date Sent: 2017-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have lost the numbers of complaints that I had placed against Select Portfolio Servicing, as a senior manager for a law firm and trying to get my modification and others to no avail, the consumers are beginning also to loose faith in the Protection that your Bureau gives to Consumers. Attached one more time the lies from XXXX I have submitted my loan modification packages three times and never XXXX has even uploaded my documentation to review me for a loss mitigation possibility. See Exhibit A, the lies I did not provide documentation on a timely matter. Not once in the time that I have been trying to modify my home XXXX has sent me any letters requesting additional documentation. They create them the same as XXXX XXXX XXXX does just to comply with regulations that you are allowing them to continue. Please as the only hope for homeowners as myself see attached documentation and question SPS consistent and repeatedly misconduct in violating RESPA 1024.41.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33175
Submitted Via: Web
Date Sent: 2017-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX Short sale was started on XX/XX/17 and several faxes have been sent to XXXX since then. On XX/XX/17 I spoke to XXXX. The rep stated the homeowner had just recently directed XXXX to NOT contact myself or XXXX XXXX XXXX for anything whatsoever, regardless of the signed Authorization Letters they have on file. XXXX is refusing to contact us when documents are needed, and when appointments need to be made. After speaking with the homeowner it became obvious that this was an outright LIE. The homeowner had, in fact, NOT discussed ANY kind of authorization over the phone with XXXX AT ALL, and certainly not in recent months. Today, XX/XX/17, we were told the homeowner needed to call in to XXXX at XXXX to correct this error in XXXX system. The homeowner called in to XXXX and requested XXXX to make XXXX XXXX XXXX as the primary contact for all loss mitigation communication. The rep laughed at the homeowner, told her they didnt care that XXXX directed this phone call to be initiated by the homeowner, nor that XXXX already had multiple authorizations on file for XXXX XXXX XXXX, and outright refused to make the requested changes to her account via phone. Since when does a homeowner not have the right to direct their lender in how they communicate with authorized third parties authorizations that they, the homeowners themselves, signed? This short sale has been opened less than 30 days and XXXX has already committed several illegal acts : ( 1 ) violating servicing guidelines, ( 2 ) deliberately lying to their clients and their authorized third parties, ( 3 ) committing elder abuse against their own client. Is the reason they do n't want anyone to speak on this loan is because they have discovered that the seller was taken advantage of and never had the income to afford this home from the time she bought it? What is XXXX trying to cover up? Do they believe they can bully an elderly woman? The debt collection division apparently does as they call her multiple times a day making XXXX threats. I fully expect XXXX to issue their standard Sorry but you are lying response. That is the response we receive on every CFPB complaint we file against XXXX. Well, I have read many other CFPB complaints against XXXX and they all have a common theme FRAUD AND ABUSE. I am sure those complainants also receive the Sorry but you are lying response. That seems to be their standard form letter in response to CFPB Complaints. How could it be possible that all of these unrelated people from all over the country would be lying?? The fraud committed by XXXX does not just happen once in a while. It happens on a very large percentage of short sales across the country. We have witnessed this on a daily basis for the last 10 years. When is the CFPB going to step in and do something about the fraud going on at XXXX? When is the CFPB going to hold XXXX accountable? IF I DID WHAT THEY ARE DOING I WOULD BE IN JAIL FOR A LONG LONG TIME!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We have requested SPS review this file for a short sale. SPS is refusing to do an interior appraisal/valuation of the home, even though they have been notified numerous times that the basement wall is collapsing, causing the home to cave in. The homeowners had to move out for safety reasons, yet SPS refuses to take this into consideration. Their blanket response is " the investor does n't require an interior valuation '' - yet they have n't even notified the investor of this issue. In addition, they are trying to force the buyer to pay for title insurance - which is a seller fee! Each state has different rules and in Michigan the seller pays this fee. They, again, refuse to clarify this with the investor on the loan and are delaying the file.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A