Date Received: 2017-12-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX BANK NA CO MORTGAGE DEPT Reference number XXXX, XXXX : ATTENTION MERS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS as nominee for XXXX XXXX XXXX XXXX XXXX XXXX XXXX. NOTICE - MOST IMPORTANT - The documents for this alleged Mortgage Assignment is nothing but forgeries and robo signing at best. NO ACTUAL FINDINGS - Within the request they the bank XXXX XXXX XXXX XXXX XXXX was requested to provide proof of said signatures that of the original signatures not forgeries. The signatures are proven not to be that of XXXX XXXX XXXX nor that of XXXX XXXX XXXX the real persons in flesh signatures. After receiving a letter on XXXX XXXX, XXXX for the request, XXXX XXXX XXXX XXXX ) from address XXXX XXXX XXXX XXXX OH [ XXXX ] XXXX XXXX XXXX XXXX XXXX XXXX XXXX said that this loan information is not available aka [ does not exist ] not available on paper, microfiche, or image. They said in the letter that you may obtain a copy of you mortgage deed or warranty deed from a court house where the property is located. You may also request a Title policy abstract, settlement, statement, and survey from the title company that closed the mortgage loan. In other words this loan is paid off and is no longer in their system at this point and time, until XXXX XXXX XXXX filed a fraudulent Mortgage Assignment on the property XXXX XXXX, XXXX four months later after XXXX XXXX XXXX and XXXX XXXX XXXX had received the confirmation payoff letter as of XXXX XXXX, XXXX. This is deed fraud. Whom do not and has never given any permission to XXXX XXXX, nor XXXX XXXX XXXX XXXX XXXX XXXX XXXX. WRONG IDENTITY - XXXX XXXX Bank has referred to XXXX XXXX XXXX & XXXX XXXX XXXX as similar names but which are that of XXXX XXXX XXXX and XXXX XXXX XXXX with a different location and city within the same state of California, as well as XXXX XXXX or as in XXXX XXXX using the same address within this claim. This is completely and utterly identity theft, fraud no contract. Wrongful foreclosure attempts are underway from a company whereas XXXX XXXX employees will attempt to secretly transfer the paid off mortgage which also is known as a closed mortgage, to a well known foreclosing company SPS Select Portfolio Servicing in which they will attempt to secretly foreclose the property while the owners are out of town state and or the county. Statues Of Limitations - California Civil Code - CIV Section 882.020 ( Amended by Stats. 2006, Ch. 575, Sec. 1. ) Cite as : Cal. Civil Code 882.020. Also see Pursuant to Section 360.5 of he Code of Civil Procedure. There are no forms presented of an actual ledgers, copy of a check for payments signed by the real persons nor an accurate date or timeline of events for this loan to have taken place. What has been presented to all seen in this complaint is nothing best of forgeries, identity fraud, fraud no contract, and fraud in the inclusion! The attempts of communications with XXXX XXXX XXXX and XXXX XXXX XXXX are therefore cut off, and has never truly existed with the Plaintiffs/real party ( s ) in interest on in the acts of harassment. The document dated XXXX XXXX, XXXX are all forgeries as stated multiple times to XXXX XXXX XXXX to its employees, and agents as in CEOs Chairperson, CFO and Representatives. Their response is internally created by former employees of XXXX XXXX XXXX XXXX XXXX XXXX XXXX that of XXXX XXXX and XXXX XXXX XXXX whom may or many not be real persons. Proof of the existence of an account of the actual establishment of debt account but the actual Sentient human XXXX XXXX XXXX and that of XXXX XXXX XXXX duly signed and written out by both parties and not any unilateral agreement. This would include but not limited to the actual agreement upon which the signature page has direct reference to the entire agreement XXXX XXXX XXXX and XXXX XXXX XXXX is an artificial entity, a title, of the limited liability fictitious corporation which is legal trade mark, which constitutes valuable legal interest of which all right, title and interest are reserved and of which you have filed to knotty the Caretaker and acceptance agent and supply proof of claim against the limited liability corporation. I declare under penalties of perjury in accordance with the laws of the United States of America ( without the United States ) Title 28 U.S.C. 1746 ( 1 ) the forgoing is true and correct and is admitted when not rebutted, so help me. XXXX XXXX # RWTD XXXX Date : XXXX/XXXX/XXXX Exchange MEMORANDUM and Reference Account Name : XXXX XXXX XXXX XXXX No : XXXX XXXX Treasury Direct Accrual to be passed through XXXX # XXXX XXXX XXXX : XXXX XXXX DATE XXXX XXXX, XXXX ACCOUNT NO. XXXX - XXXX AMOUNT {$460000.00} PREVIOUS BAL $ N/A CURRENT BAL $ N/A XXXX/XXXX/XXXX {$460000.00} plus interest if applicable and accruable TREASURY DIRECT ACCRUAL - XXXX - MEMORANDUM This is an Original Issue Priority. An active Private issue Account, Treasury Direct Accrual to be passed through Account number - XXXX with the processing of this International Bill of Exchange, The Fiduciary is To Be Held Harmless and has exempt status in compliance with The Accompanying Money Order, And when passing through the PRINCIPLE ACCOUNT of XXXX XXXX XXXX as noted above, /s/. The Money order was mailed to this person ; Mailed on XXXX XXXX, XXXX Registration Number XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX LA XXXX - XXXX & XXXX. Our attempt and final to do so is to settle unclear matters and move on to the matters that present themselves as clear such as the USDA GOVT BOND CUSP # XXXX. Therefore our findings and investigations present strong evidence that this debt is not a legal obligation nor a debt owed by XXXX XXXX XXXX and XXXX XXXX XXXX akas straw fiction and other types. We have thoroughly investigated this issue and have found XXXX XXXX to be at fault and have continued to harass attempt to place under duress and commit other frauds therein and thereof this compliant claim account and situation, by using outside sources investigators and agencies. XXXX XXXX BANK has presented nothing from outside sources, have created space and time of delays with new fraudulent documents and have not allowed outside investigations to look into emails, ledgers, accounts, accounting and the CUSIP number Nothing XXXX XXXX presented is real, its all fraud. Their response from XXXX XXXX Bank and their attempted defense has been disputed line by line and item by item. Please note and make aware that XXXX XXXX has allegedly acquired all banks involved such as XXXX Mortgage XXXX, XXXX XXXX Co Bank XXXX and XXXX or it was given to them by the FDIC in XXXX. PLEASE ESCALATE THIS CASE CLAIM AND COMPLAINT TO THE US DEPT OF JUSTICE OR THE US ATTORNEY GENERAL. As the law states that of California Civil Code - CIV Section 882.020 that once a mortgage has expired four years well after and in this case ten years that no foreclosure is possible and a maturity date has expired this is the law of Any such actions well after the law has been presented in full force shall be ; extortion, fraud no contract, deed fraud, mortgagee assignment fraud, identity theft and a wrongful foreclosure attempt not limited to forgery ( robo signing ), breaking and entering private property for the second or third time, harassment, slander defamation, slander, libel.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93536
Submitted Via: Web
Date Sent: 2017-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Failed to validate mortgage, I have been informed from the county register office that there is no existing mortgage. and a mortgage have been transferred 3 times from XXXX XXXX XXXX, XXXX XXXX and SPS currently being the company requesting payments from me XXXX XXXX Deed holder to the property.However no one have been able to produce the original note for the property at XXXX XXXX XXXX XXXX, XXXX NJ XXXX. None of these 3 entities have no interest in my property/House and I have no signed contract with any of these companies. Has of the most recent letter sent from SPS I have no signed contract with XXXX XXXX XXXX located at XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, NY XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07103
Submitted Via: Web
Date Sent: 2017-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-10
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I entered into a contract to purchase the property located at XXXX, CA on XXXX XXXX, XXXX. I provided a good faith check in the amount of {$3000.00}. The agreed price of the home was {$230000.00}. The sellers bank requested a price increase to {$230000.00}. I agreed to the increase. I requested and paid for a termite inspection, a property inspection, and an appraisal. Because the property is a short-sale there were some repairs required by my lender prior to close of escrow. I request assistance in the repairs from the seller, who declined stating lack of funds. I requested an extension of escrow to allow enough time for the repairs to be completed. Once everything was signed off on by the city building inspector my lender informed me that because it is a short sale that they required a letter from Select Portfolio Servicing , Inc. ( SPS XXXX approving the sale because the previous on had expired on XXXX XXXX, XXXX. We had requested an extension of escrow, but we were not able to get a letter with a new closing date from XXXX. We have been requesting it since XXXX XXXX, XXXX. XXXX requested to increase /amend the price again and I have agreed but they still have not provided me with a letter approving the sale with a revised closing date. I am buy the house to have a place to live because me and my husband have recently divorced. I do not feel like XXXX is following good business practices, and is not treating me or the seller fair. This should fall under some type of contracts, and fair business practices, or something. This company should not be allowed to treat people like this. I do n't know what law they have broken, but there has to be some way to stop these banks from making people foreclose on their home even when they have someone willing to purchase it. And they should be reasonable because the house could not even pass the inspection by the city building inspector, and no one else was willing to make the repairs. Now they are stalling trying to make me pull out. Both myself and the seller will lose money on this, and I will not be able to recover the money I spent on the repairs. There should be some laws, or rules that should be followed for short sales. The local real estate market is not doing very well, and this type of thing only makes things worst for people trying to purchase a home. There are still additional repairs that will need to be made before I can even live in the house. I have attached the inspection report for review. I have contacted the company to file a complaint, but they told me that I could not do anything without the approval of the seller. They would not provide me with any information about where and how I could file a complaint.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93535
Submitted Via: Web
Date Sent: 2017-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Since XX/XX/XXXX, I started submitting all requirements for Loan Modification to XXXX XXXX, that they are seemingly trying to modify my loan, at the same time, trying to fail my attempt to avail the government Loan Modification benefits and incentives for homeowners like us. I was requesting for their XXXX in-house Homeowners Assistance Program Evaluation Summary that they sent to me last XX/XX/XXXX and until now appealing XXXX to follow the right Federal Home Affordable Modification Guidelines. The right determination on the Evaluation summary indicates that on the Loan Modification Agreement should be FIXED RATE NOTE and not Adjustable Baloon rate, where the rate is fixed on 30 year loan ; the only change in our payment would result from changes in my taxes and insurances. Its not acceptable the BALOON NOTICE of {$180.00}, XXXX after XX/XX/XXXX. The way XXXX modified my Loan is illegal and not under the Federal Home Affordable Modification Guidelines. XXXX is trying fully vesting in & entitling me to unapplied amount Principal balance of {$80000.00} that XXXX have to Deffered my balances eligible FULL FORGIVENESS of DEFERRED PRINCIPPAL REDUCTION amount and NOT BE REDUCTION only for 1/3 %. I respectfully request that the loan be modified from their 20 year term to a 30 year term or 40 yrs, the interest rate be reduced to the current 20 year market rate and the payment should be adjusted accordingly. The very minimal reduction in payment in XXXX HAMP modification they did for me is not acceptable or affordable. It has to be re- calculate into FIXED RATE NOTE and not Adjustable Baloon Rate. I complied already with all their requirements. While the modification was pending, I was advised that I needed again to send additional documents within 7 months for the modification to be approved ; they always said that it is still in the underwriter for review. I still kept on sending documents at this point with the hope that they will process my Loan Modifications. I always communicated from XXXX XXXX Mortgage servicing regarding the status of my Loan Modification processing and they kept on denying my Loan Modification request now in which means that they are not abiding under the HAMP Program, so we can stay in our home and exercise our rights for Federal Housing Affordable Loan Modification. We are requesting their approval for remedies available by Federal law. I had complied with XXXX XXXX requirements for Loan Modification processing. We are in the verge of completing all requirements to finalize our Request for Mortgage Assistance ''. XXXX XXXX have not dealt to me in good faith until this moment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 78539
Submitted Via: Web
Date Sent: 2017-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: i had an original complaint about the loan stating that XXXX XXXX XXXX, complaint number XXXX. after being in court today, XX/XX/XXXX, i have been told by the attornies that XXXX XXXX XXXX was not the bank that foreclosed. the bank is XXXX XXXX XXXX XXXX, so i would like to open a new complaint against them. they foreclosed on a fraudulent and predatory loan that somehow they acquired. the issues are still the same, terms agreed upon were changed by the home lender, XXXX XXXX XXXX, during the document signing. with the terms changed it made this loan unpayable. the truth in lending act was violated and numerous other violations were done. i have a forensic audit on the loan proving this. the company XXXX XXXX XXXX went bankrupt in XX/XX/XXXX after writing multiple bad loans. i should not have lost my house, it is now up to XXXX XXXX XXXX to correct this miscarriage of justice. i need answers quickly, i can not wait 60 days. the new owner is pushing for eviction. i need all matters involving my house to be reversed by the government. please call me @ XXXX or e-mail me, XXXX this matter is very urgent
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07090
Submitted Via: Web
Date Sent: 2017-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XXXX of XXXX I was approved for a loan modification with XXXX XXXX. I paid all 3 trial payments. On the XXXX payment I called XXXX and they told me my file had been transferred to SPS. I called SPS and they had no record of the mod and told me I had to START THE PROCESS ALL OVER!! The previous process took months almost a year so as you may understand I was devastated beyond belief!!! I knew I had been wronged but could not figure out who I needed to speak to in order to help me. I called profusely to SPS, XXXX, XXXX, I reached out to XXXX, etc. Nobody could help. Well, let me tell you last week I was BLESSED! I finally after 4 EXHAUSTING LONG YEARS spoke with XXXX. She helped beyond belief. She was a rep in the Loss Mitigation department and she blew the roof open!! She went back to XXXX to see what happened. She found out that XXXX did not send the paperwork over until XXXX or XXXX of XXXX. Therefore, when SPS finally received the mod docs they stated to me, " OH SORRY THE DOCS EXPIRED! '' I WAS LIVID!!! Because at this point SPS would not honor the mod. I was wronged and have been fighting ever since. I worked in a call center for XXXX to see what happens behind the scenes of a mod process. Much to my dismay I realize that docs are not package properly, you have new employee 's on the floor that just start the process then quit, you have hourly workers working on your file and customer service reps who read notes on a screen and do not assist because they have no actual file in hand. I have ran the NPV tool on many borrowers and understand the process. When someone ran the NPV tool on my file they stated I made XXXX per month when in actuality I sent a pay stub in for XXXX. Needless to say ... .I WAS DECLINED! Also, I had a case where SPS is stating they are missing docs from my file and declined me because of it. I happen to know first-hand that all companies ( call centers ) say the same thing! They are unorganized and blame the general public for not sending in documentation when all the while it 's their internal process. MILLIONS of people have gone to foreclosure because of mishandled documentation by call centers. ( I refuse to call them BANKS ) as most people are ignorant to the fact that they are speaking to hourly workers who do n't even own homes. I have put my complaint into XXXX and into SPS for the improper handling of my file. There was a 42 page piece of XXXX report that was written by a woman at SPS with my last complaint to the CFPB. I had no ammunition last time and did not know what happened. However, this time XXXX at SPS ( in Utah ) helped me tremendously. She read the notes word for word on what happened and I found out the dirt and why I did not received my paperwork. SPS has tried to get out of honoring my loan mod by making up accusations, but XXXX blesses those who do right. I was wronged and I am here to tell the public that we need to stick together and do what is right for this Country!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92677
Submitted Via: Web
Date Sent: 2017-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am seeking assistance in regards to my mortgage with SPS. I have a potential short sale that we would like to complete with the lender SPS. I initially reached out to them on multiple occasions seeking assistance and was advised that they had placed a sale date on the file for XXXX/XXXX/XXXX. I immediately advised my financial adviser that they were unwilling to help with getting a loan modification approved in order to keep the property. My adviser stated that we should submit a formal compliant as I was never served with any notice of foreclosure sale paperwork. This property has been in my family for multiple generations and has become a family heirloom. I worked together with the lender on submitting multiple completed loan modification packages with all financials, addendum 's, forms and contracts needed in order to complete a formal review but was subsequently denied. We are asking that provide us with a 45-60 day foreclosure stay in order to allow for a complete review to go through as we do not wish to have a foreclosure on our record. Our family has gone through enough hardship and this is something that will potentially break us apart. Please help us obtain postponement in order to allow enough time to complete a short sale review as my property was listed for sale on XXXX XXXX, XXXX in preparation to complete a short sale on my property as it is simply no longer worth what I owe the mortgage company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 025XX
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage holder, Select Portfolio Servicing ( SPS ), performed an escrow analysis on my account and mailed me a letter informing me of such in early XXXX XXXX. In the letter, I was informed that, based on their projections for the year, I had overpaid my escrow by about {$700.00} and that I could expect a refund. No timeline for the refund was provided in the letter. Maybe a week after receiving the letter, I contacted SPS to see when they might be mailing me my refund. I was told the check would be mailed on XXXX XXXX XXXX. I waited for the refund to appear in my mailbox and it never did. I contacted SPS in mid XXXX XXXX and was told the check was mailed on XXXX XXXX XXXX. They were surprised that I had n't gotten it in the mail yet and I was told that the check would be cancelled and a new check issued. During this conversation, as in all prior and subsequent conversations, I was prompted to verify my property and mailing address ( they are the same ) with SPS 's call center representatives. I have been in regular contact with numerous SPS call center representatives in the past 3 weeks or so ( none are able to give me their direct contact information, as they are 'call center ' workers ) and none of them has been able to verify for me where my refund check is and when I might see it. The best answer I 've gotten is somewhere along the lines of 'I 've alerted my supervisor and noted it in your record '. I understand federal law ( RESPA ) requires companies like SPS, following their annual escrow analyses, refund any escrow overpayments of {$50.00} or more to the lender ( s ) within 30 days. My concern is that deadline has come and gone and I still have n't gotten my refund. SPS has my correct mailing address. Otherwise, I never would have been alerted to their analysis of my escrow nor my escrow overage in the first place. I suspect they never sent me a check on XXXX XXXX XXXX and are in violation of federal law. Also, XXXX is coming ; I want my money.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WI
Zip: 53704
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXX took over the servicing of my Mortgage and almost immediately made a mistake paying taxes and collecting payments. My loan includes escrows which means the bank is responsible for paying my taxes when due. When XXXX received my school tax bill they failed to pay the school taxes. In XXXX they received the town tax bill. Since they failed to pay the school taxes in XXXX the school taxes were billed again and were added to the town tax bill. XXXX read this as my town taxes had increased from appox. {$2000.00} to {$10000.00}. XXXX then raised my escrow payment almost {$1000.00} per month to cover for their mistake. I immediately called them and told them of their mistake, but they did nothing to correct their mistake or the payment. I sent them a letter explaining their error ( attached ). It was ignored. I made several other subsequent calls and they ignored me, acting as if I was a liar and did not know what I was talking about. I would explain their error and they would respond that I owed the additional funds. It was as if they turned the volume off on the phone and did not hear a word I said. This included managers I spoke with. I was treated with absolutely no respect or concern. They acted as if it was impossible they could have made a mistake. Almost 2 years went by and XXXX ignored every call and every letter. It was not until after dozens of attempts to correct their mistake I got a manager who actually looked at the escrow account and saw there was thousands of dollars in excess funds in the escrow account. However, He still never admitted the mistake. I was told I needed another {$500.00} to bring account current. At this time XXXX was already holding {$43000.00} and still reporting I was almost 2 years behind on my mortgage even though they had all the payments. Also, I did not need another {$500.00}. XXXX had been holding over {$1000.00} for years which they could never explain why. They refunded this money to me about a year ago. So in fact they had all the payments plus approx. another {$700.00} and XXXX was still reporting my account almost 2 years late. XXXX needs to immediately correct my credit report to reflect no lates. I believe they should also have to pay restitution for all the problems this has caused me in obtaining new credit. XXXX has violated multiple laws for collecting and reporting a debt while servicing my account without taking any responsibility at all for their negligence.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 10990
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I sent my entire insurance proceeds of ( {$75000.00} ) to Select Portfolio Servicing on XXXX-XXXX-17. 90 days now and the funds have not been credited to my account! Meanwhile they have added expensive homeowners insurance to my burned up home! It cost triple to the policy I had prior to the fire! Last night & nearly every night I get a threatening phone call from SPS. This time after 21 minutes of XXXX, I told the guy ... Go ahead with your foreclosure plans, SPS is going to look pretty XXXX foreclosing on a paid mortgage! Since the fire {$78000.00} has been received by SPS towards my mortgage. They have me showing in default while sitting on the {$75000.00}, thus the collection calls!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 280XX
Submitted Via: Web
Date Sent: 2017-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A