Date Received: 2017-11-27
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: Please treat this complaint as a NOTICE OF ERROR under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( e ). On XX/XX/XXXX, a non-judicial Foreclosure is scheduled to take place. Your Company served us with a NOTICE OF SALE UNDER POWER in XXXX County Georgia. However, the required notice is invalid and can not be used for foreclosure in the state of Georgia. Specifically, the notice has been served upon us, the property owners and published to the world but is inaccurate and incorrect. Please be advised that XXXX XXXX and Its foreclosing law firm, XXXX XXXX XXXX. has erroneously PUBLISHED THE PROPERTY LEGAL ADDRESS AS XXXX XXXX XXXX XXXX XXXX GEORGIA XXXX -- -- HOWEVER, AS OF THE DATE OF THE SERVICE AND PUBLISHING OF THE NOTICE ON XX/XX/XXXX THE CORRECT LEGAL ADDRESS OF OUR PROPERTY WAS AND IS XXXX XXXX XXXX COURT, CITY OF XXXX XXXX, GEORGIA, XXXX. ( See EXHIBIT-4A as proof ) As of XX/XX/XXXX the legal notice has already published for three week under an false and erroneous representation. Although SPS Inc., Its Client or Representatives hold no security interest in our property, and is not a secured credit under Georgia law, nonetheless, in order for the company to be in compliance with the Georgia non-judicial foreclosure statute they must cancel the current foreclosure notice. Furthermore, we request that you answer the following question? Was loan No. : XXXX, previous number XXXX originated in lawful compliance with all federal and state laws, regulations including, but not limited to RESPA, TILA and FDCPA.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2017-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We were trying to make a payment and catch up on missed payments to XXXX XXXX XXXX, and they refused to accept payment, claiming they were working on a modification. We then faxed numerous amounts of documented data, which they then proceed to " claim '' there was no received faxes. They then came through with an unaffordable payment plan the following 2 months. This all took place during the end of XX/XX/XXXX and the plan was given to us in XX/XX/XXXX, we then proceeded to let the law group help us to deal with this company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33023
Submitted Via: Web
Date Sent: 2017-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-27
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: In XXXX of this year ( 2017 ) my husband apply to Refinance our mortgage through XXXX ; XXXX XXXX XXXX XXXX. We gave all pertinent information and were given an initial rate. The rate lock has so many days to finalize all paperwork, or we would have to request another rate lock extension. We have and XXXX have requested a subordination agreement requirements from XXXX. XXXX has not made any effort to release the requested information. I have spoken with 5-10 different individuals without any one being able to verbalize the request. I have been unable to speak with the same person on any conversations I have spoken with XXXX. When I finally was assured this was going to be taken care of the processor from XXXX was made to submit the identical information so many times that my husband and I will have to start paying points for any further rate extensions. I have sent information by fax to then be asked for information that only XXXX can give. I have sent all documentation requested over and over again to XXXX as they are being asked by XXXX for the same information. But when the processor submits what they requested to comply, they are being told that the paperwork is incorrect. I have given the processor on 3 occasions permission to speak directly with XXXX to finalize all necessary paperwork to no avail.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 31907
Submitted Via: Web
Date Sent: 2017-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Bought my 2nd home since XX/XX/XXXX with two lines of loan, and was promised I can modify within few years. Paid my mortgage monthly for almost 5-6yrs. In XX/XX/XXXX I decided to modify the loan, but has been very very difficult to get any successful answer. The servicing company totally refused to assist. I have been filing papers upon papers. Okey, I decided to try short sale since they bank/servicing company totally refused modifying and reducing of the interest rate. Tried short selling through an agent in Delaware who helped in finding a buyer, submitted all necessary documents and did a down payment. They denied not receiving necessary documents and decided requesting documents and documents. The frustrating part of it was I never a time i had a steady contact. Finally they refused accepting the documents and refused to accept the offer. Before I know it the loan was sold or transfer to another servicing/financial company with another financial company. The annoying part is that severally calls will be coming from Utah, and when I do answer, no one on the other end. This is very very frustrating. About a I called the company someone did answer and told me my document is still incomplete. In reply, I made him to understand that I am no longer interested, I need my house back and will want to resume paying my mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11411
Submitted Via: Web
Date Sent: 2017-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Bought my 2nd home since XX/XX/XXXX, with two lines of loan, and was promised I can modify within few years. Paid my mortgage monthly for 5-6yrs. In XX/XX/XXXX, I decided to modify the account but has been very difficult for the past 6 years. Tried short selling the property through an agent you helped me in finding a buyer, submitted all necessary documents and down payment. They refused I request deed-in-lieu of foreclosure, they refused. All while, they have trying to sell my home. All the time I am getting a new relationship manager. The loan has been sold or transfer to different company. Several time they will call my phone, when I do pick up, there is always a silent on the other end. This is very frustrating. About a week ago, I call the company, someone did answer, and I now request4ed to have my house back, I am no longer interested in modifying the loan. Please, can someone help me, I have been having a hard time with this company. The aggravation is affecting me health wise. Need help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11411
Submitted Via: Web
Date Sent: 2017-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, General Counsel General Law & Ethics XXXX XXXX, Deputy General Counsel Litigation & Oversight XXXX XXXX, Deputy General Counsel Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX Dear Friends : Please join me in litigation against Select Portfolio Services and XXXX County Tax Assessor for Property Tax Fraud Home Affordable Modification Program. I would like to recover over $XXXX in excessive property tax non-market assessments payments and damages from XX/XX/XXXX to XX/XX/XXXX. I understand that a class action litigation may be more applicable. TIMELINE EVENTS Select Portfolio Services modified my mortgage in XX/XX/XXXX. After the Modification I questioned why the annual property taxes exceeded the monthly principal and interest. Property Tax Payments > Principal and interest = an Uneconomic Relationships This uneconomic inequality destroys home ownership and downgrades homeowners to the economic status of renters of the mortgage holder and local government property tax authority. I challenged Select Portfolio Services to contact XXXX County on what appeared to be a non-market collaboration to defraud homeowners with a non market property valuation. The XXXX County valuation assessment was publically stated to be based on Comparable Values. This did not include internal and other close examples of the homes. It was apparent a search for the highest priced home in close proximity. In the New Home markets there are many micro and/or unique factors that challenges comparable assessments; for example, Golf Course , Other Recreation Access, Schools, historical and cultural preservation, and the XXXX XXXX effect. MOTIVES Select Portfolio Services motives to conspire with XXXX Counties local Fraud: Servicing fees earned of a Inflated Non Market Mortgage Principal Valuation Interest earned on the Property Tax Escrow Deposits FAILURE IN LOCAL GOVERNMENT GOVERNANCE AND INTEGRIDTY XXXX County actually increased my property assessment valuation during the Great Recession of XX/XX/XXXX from $XXXX to $XXXX. This was during a general market decline of 30%. XXXX County Tax Assessments have been immune to market factors. The XXXX County Tax Appeal Process is invalid and may be illegal I appealed this tax assessment in XX/XX/XXXX. A small reduction was made from the $XXXX. which remained a fraudulently high non market tax assessment . The tax assessment increased and returned to $XXXX in XX/XX/XXXX. The XXXX County Tax Appeal process lacks integrity and analytical validity. XXXX actually increased property spending in XX/XX/XXXX and XX/XX/XXXX during the peak of the Great Recession. Recently the Georgia Governor has demanded that XXXX County cease and desist billing property tax payers XX/XX/XXXX taxes because XXXX County does not a valid property tax methods. The failure of XXXX County and numerous other local government property tax authorities to adjust Post Great Recession property valuation assessments to the fair market declines is the key factor in home modification failures. When Principal and Interest was reduced non market valuations property taxes were not. I am requesting that a private second accounting and appraisal firm be retained to review that current and historical. XXXX County Tax Assessor valuation Methodology and the outsourcing of this function. XXXX County property taxes valuation methods and assessments are not sustainable. I estimate an over collections of 40% since the Great Recession due to the failure to adjust property taxes to the decline of Great Recession market prices. RE: XX/XX/XXXX Georgia Code Title 48 - REVENUE AND TAXATION Chapter 5 - AD VALOREM TAXATION OF PROPERTY Article 7 - MISCELLANEOUS LOCAL ADMINISTRATIVE PROVISIONS 48-5-380 - Refunds of taxes and license fees by counties and municipalities; time and manner of filing claims and actions for refund; authority to approve or disapprove claims COMPENSATION OF TAX PAYER PROPERTY After I sold my home on XX/XX/XXXX for XXXX. XXXX County assessment my home on XX/XX/XXXX $XXXX XXXX. This was after an official appeal and the realized market value of a sale. This evidences my a history of Non Market property tax assessments. This evidences a history of an invalid property tax appeals process. It evidences that the tax appeal process is used to discourage voters to challenge a hostile process. In order to sale a property with Non Market Property Taxes the home owners must reduce the price of the home to generate a financing that is economic. This property value is required for PRINCIPAL AND INTEREST + PROPERTY TAXES TO REFLECT THE MARKET VALUATION XXXX County and SPS must compensate me and home owners for this compensation. Historically SPS has argued that they were only following XXXX Countys information while modifying Principal Payments to reflect a lower market assessment. XXXX County Georgia and many local governments that have become dependent on the market inefficiencies of Non Market Tax Assessments are at great risk that lower Federal tax deductions for local property taxes and interest deductions will create a Post Great Recession Financial Crisis. I have lost my home. I am a senior citizen. Please help. Sincerely, XXXX XXXX, XXXX BACKGROUND On XX/XX/XXXX I received a revised tax Corrected Annual Notice Of Assessment From The XXXX County Tax Assessors office. Please help. I have lost my home due to 10 years and cumulative tax over payments of $XXXX regardless of appeals. I was required to reduce my home price from $XXXX to $XXXX in order to sale the home. The annual tax payments exceed the market principal and interest financing cash flow due to XXXX County Tax Assessors not adjusting the property valuation to the current and fair market prices. This Corrected Assessment was received 24 days after the XX/XX/XXXX sales of the ACCOUNT: XXXX PROPERTY ID NUMBER: XXXX XXXX 100% APPRAISED VALUE: $ XXXX 40% ASSESSED VALUE $ XXXX Home Sale XX/XX/XXXX $ XXXX I sold Parcel Number XXXX XXXX XXXX XXXX ON XX/XX/XXXX. ORIGINAL PURCHASE $XXXX XXXX COUNTY TAX VALUATION XXXX 2017 XXXX SALE CLOSING PRICE XX/XX/XXXX XXXX TAX YEARS XX/XX/XXXX TO XX/XX/XXXX REFUND REQUEST XXXX INTEREST 5% XXXX $XXXX Loses due to confiscation of property due to non market taxes reduced home value For sale principal loss. $XXXX REPLACEMENT VALUATION ADJUSTMENTS There are numerous or alternatives to a comparable valuation: = Construction. + Land Land value convention is 50% of valuation and seldom depreciates. History will reveal the land size was severely compromised for XXXX County Infrastructure development and an easement for the XXXX XXXX Acquidauct. The home actually shakes twice a month (R1 factor) XXXX XXXX is the smallest land lot in XXXX XXXX XXXX XXXX and sits on the busiest thoroughfares in XXXX XXXX . The home is noisy and the lot is too small for a family. DEMAND VALUATION ADJUSTMENT Due to a rock embedded under the home the basement is only 25% of the area structure. There is no walk out. The interior of the home is awkward: rooms remain unfinished and the second floor bedrooms do not have a private entry. A VERY INATTRACTIVE FLOOR PLAN SCRACITY Scarcity - The finite supply of competing properties continue to grow. 1. There are four new homes breaking ground on the XXXX XXXX and over 20 new homes for sale in the 4 Block circumference. TRANSFERABILTY -. XXXX XXXX XXXX has been listed each year since XX/XX/XXXX by XXXX XXXX (the seller) XXXX XXXX XXXX For Sale By Owner The home has not been has been uneconomic since the day of purchase. The Annual Property Tax Payments exceed the Market Annual Principal and Interest Financial. The only way to correct this inequality was to decrease the sell price in order to correct this uneconomic condition INCOME 3 BEDROOMS RENTALS LEASE FOR XXXX< P&I.. COMPARABLES Parcel Number Location Address XXXX County Assessments XXXX XXXX XXXX XXXX XXXX XXXX $XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX $XXXX Since XX/XX/XXXX buyers have rejected purchasing my home due to the high taxes. I am requesting $XXXX for principal lost due to the market impact. Excess taxes. BACKGROUND: Historically, the property tax assessments appeals have not been favorable results. in the Ad Valorem Tax Valuations for Parcel Number XXXX Property Address: XXXX XXXX XXXX, XXXX, Georgia, XXXX are due to errors in identifying comparable real estate and the examination of alternatives methods. XXXX XXXX, and not the new municipality baring the name is the oldest golf course community in America. Much of the community surrounds the XXXX XXXX XXXX XXXX. The XXXX XXXX XXXX around XXXX XXXX. The land value and/or the demolition of these properties exceed $XXXX. This makes a replacement method valuation often exceeding $XXXX. The XXXX XXXX XXXX lot side was reduced below of an acre and decade prior to the XX/XX/XXXX purchase. This small lot size has the reduce the land value of the valuation formerly by 25%. This property size reduction executed Imminent Domain for the XXXX XXXX XXXX. This Domain Infringement has had an unfavorable impact on property value on properties that border XXXX XXXX. Directly across the street from my home has a open pit that floods with three feet of water after each rainfall. Our homes rattle around XXXX over 10 times a year from an apparent water release. Compensation for this easement was in adequate XXXX XXXX XXXX borders a very busy street, XXXX XXXX is an alternative thorough fare to XXXX XXXX, XXXX XXXX has become a cut through street with morning traffic congestion and is located less than 100 meters from the City of XXXX limit. These factors traditionally require a 10% reduction adjustment. THE CASE STUDY: Ad Valorem Tax Valuations for Parcel Number XXXX Property Address: XXXX XXXX XXXX, XXXX, Georgia, XXXX XXXX when the XXXX XXXX was purchased the XXXX County and national home price market was at a peak. XXXX XXXX XXXX is listed on the real estate market today for $XXXX. The home was purchased at the peak of the market price boom, XX/XX/XXXXfor $XXXX. The market has not recover from the Great Recession collapse. He most recent sales of next-door comparable prices were $XXXX and $XXXX. XXXX Countys XX/XX/XXXX tax valuation of $XXXX has historically and today been an impediment to the property sale. Historically, tax correction has been requested and taxes reduced only to be increased the following year with no market input. . A tax appeal was submitted after the XX/XX/XXXX -XX/XX/XXXXGreat Recession after the Great Recession resulted in a Valuation above the peaked market price. Today XX/XX/XXXX the highest market offer for the property price has been $XXXX. The historical errors in the Ad Valorem Tax Valuations for Parcel Number XXXX Property Address: XXXX XXXX XXXX, XXXX, Georgia, XXXX are due to errors in identifying comparable real estate and the examination of alternatives methods.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30338
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-21
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I submit a previous request ( XXXX ). The company submit proof that I never sign. I need original copy, with my original signature in a notarize document. I need copy of the only modification paperwork that I did in 2010 with XXXX. I 'm taking legal action agains XXXX XXXX. for fraud and forgery and probaly agains SPS if I do n't received an appropriate answer from them, since I tried to communicated with them several times and nobody can give an answer about my problem. After spoke with my lawyer, if we do n't received copy with my original signature, we will included SPS as well as part of the legal action for fraud and forgery since they own my mortgage now. Thank you
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Loan Number # : XXXX Select Portfolio Servicing Account # XXXXOur current mortgage servicer is ( SPS ) Select Portfolio Servicing, as of XXXX as a result of a transfer by our former servicer, XXXX XXXX XXXX. ( Please note : We have had 6 mortgage servicers dating back to XXXX ) on our Non-Agency Securitized Mortgage since originated in XXXX with XXXX XXXX XXXX XXXX. Since XXXX, we have been " denied '' participation in all Mortgage Modification Programs on 54 occasions even though our circumstances and financial status deem us eligible. 52 of the denial letters have indicated the reason for denial by all past and present servicers indicating " the loan investor/ Loan owner ( XXXX XXXXXXXX Mortgage Pass through Certificate investors and trustees ( XXXX XXXX XXXX ) does not authorize/permit loan modifications '' In our most recent attempt to apply for any/all available loan modifications through SPS have also not been successful and we have been " verbally '' told that it is due to language in the Pooling & Servicing Agreement ( dated XXXX/XXXX/XXXX ) restricting modifications, the PSA is a document that was filed with SEC almost 14 years ago and has never been updated. ( Note : : XXXX XXXX XXXX last filed documents with the SEC in XXXX ). SPS indicated in XXXX of XXXX that they saw no language in the PSA prohibiting loan modifications on our mortgage, and have repeatedly encouraged us to apply for Mortgage Assistance to save our home of which we complied with completed application submissions on 13 occasions with SPS our current Loan Servicer. We have had 6 Mortgage Servicers to date and have applied for Mortgage Assistance 54 dating back to XXXX at the continuous encouragement by all Mortgage Servicers. Despite our pleadings for assistance, none of our Servicers to date have complied with our request to contact the investor/loan owner for an exception or waiver permitting a 1 x loan modification. We have also made over 47 attempts to XXXX XXXX, XXXX for assistance as they are referred to as the Trustee of our mortgage by all 6 servicers. They have indicated that they do not have contact information on the actual investors/loan owner, yet they continue to deny indicating that the denials are coming from the investors at the direction of the XXXX, XXXX XXXX, XXXX. XXXX XXXX, XXXX XXXX, has indicated that they have no jurisdiction as the trustee to assist us with information that would assist us with our Loan Modification requests
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My wife and I are seeking assistance in regards to a potential short sale that we have attempted to complete with our lender SPS. We initially reached out to them on XXXX XXXX, XXXX seeking assistance and were advised that they had placed a sale date on the file for XXXX/XXXX/XXXX. We immediately advised our contact at the lender that we had a buyer whom was willing to purchase the property for fair market value per their most recent interior BPO assessment of the property. We worked together on submitting a complete short sale package with all financials, addendum 's, forms and contracts needed in order to complete a short sale review but were subsequently denied. We are asking that allow for the 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. All we are asking for is a chance to review the offer presented as it meets investor requirements. Please help us obtain postponement in order to allow enough time to complete a short sale review.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 01880
Submitted Via: Web
Date Sent: 2017-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Loan # XXXX SPS Account # XXXX Our current mortgage servicer is ( SPS ) Select Portfolio Servicing, as of XX/XX/XXXX as a result of a transfer by our former servicer, XXXX XXXX XXXX. ( Please note : We have had 6 mortgage servicers dating back to XX/XX/XXXX ) on our Non-Agency Securitized Mortgage since originated in XX/XX/XXXX with XXXX XXXX XXXX XXXX. Since XX/XX/XXXX, we have been " denied '' participation in all Mortgage Modification Programs on 54 occasions even though our circumstances and financial status deem us eligible. 52 of the denial letters have indicated the reason for denial by all past and present servicers indicating " the loan investor/ Loan owner ( XXXX XXXX Mortgage Pass through Certificate investors and trustees ( XXXX XXXX XXXX ) does not authorize/permit loan modifications '' In our most recent attempt to apply for any/all available loan modifications through SPS have also not been successful and we have been " verbally '' told that it is due to language in the Pooling & Servicing Agreement ( dated XX/XX/XXXX ) restricting modifications, the PSA is a document that was filed with SEC almost 14 years ago and has never been updated. ( Note : : XXXX XXXX Trust last filed documents with the SEC in XX/XX/XXXX ). SPS indicated in XX/XX/XXXX that they saw no language in the PSA prohibiting loan modifications on our mortgage, and have repeatedly encouraged us to apply for Mortgage Assistance to save our home of which we complied with completed application submissions on 13 occasions with SPS our current Loan Servicer. We have had 6 Mortgage Servicers to date and have applied for Mortgage Assistance 54 dating back to XX/XX/XXXX at the continuous encouragement by all Mortgage Servicers. Despite our pleadings for assistance, none of our Servicers to date have complied with our request to contact the investor/loan owner for an exception or waiver permitting a 1 x loan modification. We have also made over 47 attempts to XXXX XXXX, XXXX for assistance as they are referred to as the Trustee of our mortgage by all 6 servicers. They have indicated that they do not have contact information on the actual investors/loan owner, yet they continue to deny indicating that the denials are coming from the investors at the direction of the Trustee, XXXX XXXX, XXXX. XXXX XXXX, XXXX Trustee, has indicated that they have no jurisdiction as the trustee to assist us with information that would assist us with our Loan Modification requests
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A