Date Received: 2017-11-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX sold my loan to Select Portfolio Servicing , Inc. in XX/XX/XXXX every since then I have been having problems with my mortgage. They are a company out of Utah whom I am not sure if they know California mortgage laws they are very rude when they talk to you on the phone once they even hung up on me because the manager said they were closing and his reps were tired. When they took over my loan I was paying my flood insurance on my own, XX/XX/XXXX I received my paid declaration page from my insurance carrier I called them and asked who paid my insurance they replied SPS did. I then called XXXX XXXX and asked them why did they pay my flood insurance they stated the laws in Calfornia requires them to pay my flood insurance from my escrow account even though paying it shorten my escrow balance. XX/XX/XXXX I received a notice stating they added very expensive flood insurance to my loan even though they had already paid flood insurance through my escrow account. I called and the people on the phone insisted it was n't paid and they were going to leave the enforced insurance. I had to called my insurance company explain to them what was happening and ask them to help me eventually XXXX helped me to resolved the problem. Recently I received a notice that my flood insurance was not paid I really thought it was a mistake until XXXX XXXX sent me a letter stating I have no insurance so they were adding there expensive insurance to my loan again. I almost passed out I 'm thinking this just ca n't be they told me not to pay it that it 's part of my escrow account yet when I called the uncaring guy on the phone just said he did n't see were it was part of my escrow account and they did n't budget it into my escrow. They got me now, I have to find money somewhere to purchase flood insurance or have mine reinstated so I wo n't have to take their expensive coverage. This is going to ruin my grand kids XXXX and something tells me they are going to do this again the only way to make them stop is to walk away from my home. What a horrible company, it 's sad we do n't have a chose and how many others have they done this to.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95204
Submitted Via: Web
Date Sent: 2017-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: QWR " Qualified Written Request '' under RESPA - 12 U.S.C. section 2605 ( e ) : SPS Select Portfolio Servicing submitted false/incomplete answers to CFPB, homeowner and homeowner 's attorney in response to QWR sent in XX/XX/XXXX, and again in response to second QWR ( follow up ) XX/XX/XXXX. SPS Select Portfolio Servicing 's unlawful/dishonest acts continue to cause harm to homeowner. SPS appears to attempt to commit fraud upon the court ( and CFPB ) by its non-compliance with federal rules, and continued willful violation of guidelines as provided under RESPA. To date, SPS Select Portfolio Servicing has failed to provide full, accurate and truthful ledger ( accounting ) to CFPB and homeowner as lawfully required via QWR ( s ). As of Friday XX/XX/XXXX, SPS Select Portfolio Servicing still admits to homeowner that they do not possess accounting for XX/XX/XXXX through XX/XX/XXXX, and other QWR documentation requested, stating they have " requested the information and are waiting for response/documents ''. In the interim, SPS and attorney XXXX XXXX XXXX continue to schedule Foreclosure actions, knowingly without providing homeowner, homeowner 's attorney and CFPB with full disclosure, accounting and response to questions submitted in QWR. SPS and it 's attorney of record, XXXX XXXX XXXX scheduled another sale date of XX/XX/XXXX with full knowledge that they did not comply with QWR disclosures and responses to CFPB. On XX/XX/XXXX, at approximately XXXX, XXXX XXXX 's office confirmed the sale would not take place after receipt of homeowner 's letter ( see attached ) regarding SPS missing ledger items, missing documentation and failure to abide by law. SPS, XXXX XXXX, and all associated parties are hereby requested to Cease and Desist scheduling any further foreclosure sale dates at this time. Homeowner requests full disclosure and federal assistance in obtaining ALL of the documents requested in the QWR ( s ) previously sent by XXXX XXXX ( see attached ), in addition to potential fraud investigation as related. Homeowner requests CFPB 's assistance in resolving questions related to predatory lending, validity of SPS claims, complete accounting, FDCPA compliance, TILA, Security Deed, Servicing Documentation and all tangible ( original ) documentation as requested. Homeowner hereby requests imposition of penalties and fines to be placed upon SPS and its affiliates, as provided under RESPA, for failure to respond accurately within 60 days from the original QWR. Homeowner requests investigation of any and all FDCPA related practices, fraudulent business practices and any other relief due to SPS and associated parties continued failure to truthfully respond. SPS and its affiliates obligated to respond to QWR have failed to provide true and accurate documentation to verify and/or support their claims. Relief under any/all federal law to protect homeowner is hereby requested. Re-submission of attorney XXXX XXXX 's QWR ( s ), as attached, has been sent to Select Portfolio Servicing via Certified and Fax Delivery, and shall serve as a third request for QWR compliance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30328
Submitted Via: Web
Date Sent: 2017-11-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Portfolio / XXXX XXXX as Trustee on be half of XXXX XXXX XXXX XXXX XXXX asset back notes are attempting to foreclose on my home with a fraudulent assignment. The assignment contains signatures of robo signers. XXXX XXXX the document control offer signed the assignment XX/XX/XXXX which after the cut off date of the trust. The pooling and servicing agreement filed with United States Securities Exchange clearly states in section 201 that all mortgages need to be conveyed 90 before the cut off date, and this assignment was conveyed 9 years later.They have obtain a fraudulent deed, and the Power of Attorney that I gave to XXXX XXXX in the barrow waive of rights is rescinded through the courts of XXXX Co.I HAVE NOT GIVEN This Trust or XXXX XXXX rights to sign as my ATTY IN fact. Select Portfolio has refused to modify or restructure my loan, nor have the responded to my QWR or Debt Validations. I attached what i sent to SELECT PORTFOLIO
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30058
Submitted Via: Web
Date Sent: 2017-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-17
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: My problem actually begun back in XXXX after my spouse XXXX on XXXX XXXX XXXX. Immediately I began to get letters from mt them mortgage collector XXXX about foreclosing on my property. My property address XXXX XXXX XXXX XXXX XXXX XXXX TN, XXXX. At that time I was married, My spouse is XXXX now. WE had purchased this home and moved in on XXXX XXXX XXXX. The cost was {$120000.00} with an interest rate of 8.85 %. We accepted this because we could not get a better deal at the time due to both our credit. And my spouse had his own business and was doing quite well at that time. In XXXX I had a company try to help me get the loan modified but the XXXX people would not return the calls from the company called XXXX XXXX XXXX XXXX XXXX ( XXXX ). The only thing they were able to do was to help get my spouses name removed from the deed and the city and county tax records, in case at a later date I was able to get XXXX to work with me.. Though they continued to send me letters threatening to foreclose, I made my mortgage payments and tried to find a way out. The way out was to refinabnce the property and get out from under XXXX. I was unable to get the property refinanced because I had a bankruptcy from XXXX. And because of the value of the property versus what was still owed on it. So I had an independent appraisal done and discovered the property was only worth {$72000.00} and I still owed {$100000.00}, and I had recommendations to try to get the company to do a loan modifcation, XXXX said no. Said the original owner would not agree. So short sale or deed in lieu, pay it off. I could not pay it off. So the collection attempts continued. Anyway before they passed my contract to my current collectors XXXX ( XXXXXXXX XXXX XXXX ) in XXXX XXXX. I had them to send me a copy of all my payment records, I had only been late once in the 20 years. Which is why I could not understand them trying to foreclose and take my home I was not behind or ever late. But I finally agreed to a Deed in Lieu, and then everything changed when XXXX took over. I had already purchased a new home by the time they told me in XXXX XXXX that they would not agree to a deed in lieu. I tried to have the realtor who sold me my current home to do a short sale on the property, but my realtor got back to me and said XXXX would not work with them. They asked what should they do. I said nothing I could do. Eventually they said we could try to do a deed in lieu. I was bombarded with forms with the same forms to fill out and to send to them. At first their main sticking point was my spouses estate. My spouse had no other heir but me, so his name was removed from the the property. But XXXX insisted on 'paperwork '. Finally after many attempts to get them to accept his XXXX certificate ( They had asked that when I send it in to them the third and fourth times to make sure I put the account number was on the certiciate,. But when I asked specifcally what was wrong with the certificate, why they were not accepting it. I was told by writing on it that made it a voided document ). I sent 7 copies to XXXX of my husbands death cetificate to them and I was only told on XXXX XXXX XXXX that the issue of the XXXX certicate was resolved. Yet we proceeded on with the deed in lieu, And at one time after several people showed interest in buying the property I contacted XXXX gave them the names and information they requested on 2 separate realtors, but no one was ever allowed to work with XXXX toward a short sale. Then back to the deed in lieu because you can not have someone try to short sale if you are working a deed in lieu. So we tried to do a deed in lieu again and I was bombarded with forms to fill out. However when I sent in the forms the main sticking point was my spouses estate. For months I tried to get a lawyer but just could not afford one to get me in court to get the estate probated. Fimnally I was advised to call the court and explain my situation the fact that I could not afford a lawyer and ask if I could get in court. But probate court clerk said the process had been completed, there was nothing else to be done and there would not be a court date. The XXXX people told me at one time they had spoken to my souse and that 's how the knew I was a fraud. Thats why after I finish speaking to them some of the people there do n't want to speak to me again. Anyway the process that had been done is sometimes done when there is only one heir. They told me where I could find information about the type of procedure that had been done on line and give it to XXXX. I found the information and sent it to them but since they never acknowledge exactly what they responded too when I 've sent them information. And they never said anything else about it I did not know til now that the issue is resolved. I only found out because they keep calling me sometimes twice a day, they send me uninformative letters sometimes 3 a week. But after contacting the better business bureau the Onbudsman from XXXX did contact me and said at least the issue of my spouse is resolved. But all the forms that I have sent by mail, FAX email and on their site has a shelf life and may have to be done over, I explained that my tax returns form XXXX will not change no mater how long they keep them. And I have filled out so many Form 4506 T, & TEZ for my tax info from the IRS, I can not believe they will send them again. Likewise my income information, All my income is from the Gov., Military Retirement, Military XXXX, Civil Service Retirement and Social Security. I have sent them the printed information directly from these agencies and they will not change in a year. This too is harassment. Whatever info on Home Affordable, or HUD forms will not change. The reason I am at this point in my life will not change. I still do n't have anyone who is obligated to help me pay my bills, I am still XXXX XXXX XXXX and not self employed The only thing that will change is my bank information. If they ask for a copy of a statement on the first I might have {$8000.00}, but on the second or third not so much because I have to pay my bills. So there might be {$1000.00}, but I am not interested in putting one red cent into that property. But effective XXXX XXXX XXXX I will send them a copy of everything I have signed inlast 60 days every tax form, bank statement and copis of the 10 pages of info I sent on line. Have it copied and ready to drop in the mail as soon as post office opens. By regular mail I caanot afford certified mail just to have them tell me ythe initial on the form does n't belong to anyone who works there. Recently ( XXXX XXXX XXXX ) while working on refinancing my new home XXXX was contacted about the amount owed on my property that they are managing, XXXX had my mortgage Co. get me on the phone before they would give them the information. That was fine except while the mortgage company was clearly still on the phone XXXX rep told me that my property was in foreclosure and the date of foreclosure was being sent to me as we spoke. When I asked what about the new deed in lieu we were working on? That I just completed the paperwork online the night before. since the paperwork from XXXX XXXX was decided they could not do the deed in lieu. He said 'oh yes I see we have an application ''. So my new mortgage company representative asked that person point blank " Sir do you have an application on file for the deed in lieu and is that package complete ''. The XXXX representative said 'let me verify ' then came back and said 'yes we have everything we need '. On XXXX XXXX I was asked for another hardship letter, a new Request for Assistance form. Thats the last letter I have received but the phone calls keep coming always some scare tactics or just hangup when I answer. I am not the first last or only person they have done similar things too. I t seems whenever a loved one passes thats when the problems start. This company should be stopped from the way they are handling cases. I know each case is different but I like every peson they are swindling know their case is individual. They can not or should not be allowed to handle ever case by thhe same standards. I am only concerned about this one my case. Before I moved I was never late or missed a payment with this mortgage from XXXX XXXX XXXX. I bought another house and can not afford two homes and have no desire to manage a rental property. I have too much invested in that property and do n't want it ruined by a renter. I have paid my own insurance and taxes on this property and still pay them now for 22 years and I still owe {$100000.00} I personally paid for a private appraisal before I decided to vacate my property and discovered it 's only worth {$72000.00}, that 's when despite of a {$12000.00} bathroom for XXXX I had put in in XXXX XXXX, brand new stove dishwasher and Refrig I put in in XXXX XXXX. New Hard wood floors in XXXX, security system furnace and Air conditioner. I decided I had to move on. I have been trying to unburden myself with this property actually since my spouse XXXX that 's when they first started to talking about taking my home. Now all I want to do is give it to them and they are harassing me and delaying and checking my credit reports and making sure my credit is ruined and still have not done a thing to move forward. I am so sick tired, my medical problems are starting to increase from anxiety suffering over this process, I just need help. PLEASE. I do n't want to XXXX and leave this burden on my children.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Over the last 12 months I have made my payments on Select Portfolio Servicing 's website without any problems. I tried making my payment on XX/XX/XXXX and I got the following message One or more errors were found " Your request to process a payment can not be completed at this time. The account is ineligible for online payments. Please contact Customer Service at XXXX for additional information. '' I contacted Customer Service and the agent informed me that my account was on a short sale program. We have not requested any workout or short sale program and was totally taken aback by her statement. The agent proceeded to inform me that as a result of the short sale set up I could not make a payment on the account. This change of status of our account was not requested and is inaccurate. The agent said on XX/XX/XXXX that she would cancel the program and I would have access to make a payment on XX/XX/XXXX. I called back and the account is still blocked and the agent said they ca n't even process a payment for me either and I will be assessed a late fee. SPS servicing practices are extremely unfair and deceptive because I get different answers every time I call about an issue. Case in point, we had requested a partial lien release to facilitate a road expansion project by XXXX County which took seven months to resolve and took the escalation to the Ombudsman department to get an answer or a call back. Please assist to resolve this error and mistreatment by SPS. We had the same horrible experience when we tried to modify the account about five years ago.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 78626
Submitted Via: Web
Date Sent: 2017-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX I sent correspondence to Select Portfolio Servicing ( SPS ) notifying them of their violation ; of California Statue Limitations four years and my rights under the Servicemembers Civil Relief Act ( SCRA ). On XX/XX/XXXX responded to my letter stating they would reply ; no response was given except for foreclosure. First, violation by SPS I have a family member who is Active XXXX XXXX. He was enlisted in XXXX. I notified SPS of our rights under the SCRA and asked for them to stop Foreclosure proceedings on XXXX XXXX XXXX XXXXXXXX CA XXXX. XXXX proceeded with those actions and foreclosed on XXXX. In violation of our rights under the SCRA. Second, violation by SPS California Statue of Limitations for written contracts is 4 years. The last date of payment on this loan was XXXX. They filed the Notice of Trustee 's Sale on XXXX. In violation of California Code of Civil Procedure 337.2 4-year time limit ; no action shall be brought.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92860
Submitted Via: Web
Date Sent: 2017-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: COMPLAINT OF FRAUD WITHIN THE ORDER TO DOCKET BY SELECT PORTFOLIO, ATTORNEYS, XXXX XXXX AND XXXX XXXX XXXX FACTS : My wife and I refinanced our house XXXX of XXXX with XXXX XXXX XXXX XXXX. The amount of the loan was for {$400000.00}. At an interest rate of 7.875 %. Sometime in XXXX we received notice to pay XXXX of which payments were made Sometime in XXXX we received notice to pay XXXX XXXX XXXX of which payments were made. Sometime in XXXX we received notice to pay Select Portfolio located in Utah of which payments were made. Complainant has never paid XXXX XXXX or had any contact with said bank until the foreclosure proceeding. XXXX XXXX, XXXX XXXX law XXXX located in XXXX XXXX filed an Order to Docket to foreclose on our home. DOCUMENT # 1 Discloses the notice to the court of the Order to Docket, with the purported required documentation attached. It also contain an Affidavit of notice to foreclose. Said affidavit contain statements, in part that the documents enclosed and sent by Select Portfolio are true and accurate copies of the originals. Also it discloses a Deed of Trust Affidavit that attest to the Deed of Trust being a true and accurate copy. DOCUMENT # 2 Discloses a purported Assignment of Deed of Trust that suggest that XXXX XXXX XXXX XXXX assigned the Deed of Trust to XXXX XXXX XXXX XXXX XXXX ( XXXX located in XXXX Va. The agency should note that the document is actually not signed. Research of XXXX XXXX disclosed that the signature is fraudulent as well as the notary clause at the bottom of the page being omitted. The agency should also note that the Date Available in the left hand margin discloses a date of XXXX/XXXX/XXXX and was printed XXXX/XXXX/XXXX. Said date in the margin and the date of filing which discloses XXXX/XXXX/XXXX does not correspond as a normal practice of the recorder of deeds. The agency should also note that this document after a research was not found within the land records. Further the loan number on all of the assignments does not correspond with the loan number from argent on the deed of trust and the note. The loan number on the copy of the Assignments of Deed of Trust is the same account number assigned by XXXX and XXXX. DOCUMENT # 3 Discloses an Assignment of Deed of Trust from XXXX to XXXX XXXX. The date of the purported transfer was XXXX/XXXX/XXXX. The agency should note the space above the title on the document and the open space at the bottom of the document under the notary seal. DOCUMENT # 4 Discloses a copy of the same Assignment of Deed of Trust obtained from the recorder of deeds as Document # 3. However Document # 4 discloses a loan number at the top of the page and a barcode that was omitted from document # 3. Also it discloses that said document should be returned to XXXX XXXX XXXX as well as its initials coupled with XXXX and a barcode. DOCUMENT # 5 Discloses a copy of the Deed of trust obtained by the complainant on XXXX/XXXX/XXXX. This is evident by said date contained in the left margin of said document. The agency should note the number XXXX appears on every page of the document. DOCUMENT # 6 Discloses a copy of the Deed of Trust contained in the Order to Docket. The agency should note that the numbers have been omitted on every page as well as a portion of the initials of the signatories. DOCUMENT # 7 Discloses an affidavit of the ownership of the note. It states XXXX XXXX to be the holder of the note. What it does not state or disclose is the chain of title of said note. Further the note that it refers to in said affidavit is the original note executed by XXXX. Commercial Law 3-203 cmt.2 discloses that a person not identified in a note who is seeking to enforce it as its owner or holder must prove the transfer by which he acquired the note. Said affidavit does not disclose how it obtained the note through transfer. DOCUMENT # 8 Discloses the notice of impending foreclosure from XXXX XXXX which has merged with XXXX XXXX XXXX the signatory of the Order to Docket. I have also included for your appraisal the original note and a copy of the note included in the order to Docket. Also find enclosed documents evidencing the relationships with XXXX, XXXX and Select Port Folio. Senario : Research indicate that XXXX entered into a settlement agreement regarding illegal lending and predatory lending practice involving the prime mortgage market. Further in XXXX XXXX went out of business. XXXX followed by XXXX purportedly obtained the note and collected upon it. XXXX after merger or purchase of XXXX also entered into settlement agreements with various states and federal agencies concerning the same issues that plagued XXXX. XXXX agreed to a series of actions as part of the settlement. XXXX entered into an agreement with Select Portfolio to service the prime mortgages before reduce exposure and detection of non compliance of the agreement. Upon default of the loan, Select Portfolio task was to provide the Attorneys with the required documentation for foreclosure. Select Portfolio in this matter needed to establish that XXXX had transferred the note and deed of trust to XXXX before becoming defunct. Hence the purpose of DOCUMENT # 2 was to attempt to establish an assignment to XXXX with XXXX ultimately assigning/transferring the rights or standing to XXXX XXXX. The purpose for omitting the loan numbers and identifying indicators were to eliminate detection for all the aforementioned parties with legal exposure and non compliance with the entered into settlement agreements. Noticeably missing is assignments to XXXX and XXXX. Therefore XXXX, XXXX and Select Portfolio illegally collected monies from the complainants since the note was never transferred to them. The fraudulent assignment evidence the criminality. If the documents were proper a clear path of assignments would have been included in the Order to Docket. As a result of the legal entanglements by XXXX and XXXX, there was a need for a third party which was fulfilled by XXXX XXXX. As the affidavit disclose, Select Port Folio was a active participant in this scheme from the onset. Therefore a request is made to investigate Select PortfoliXXXX in conjunction with all the aforementioned for financial crimes.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20744
Submitted Via: Web
Date Sent: 2017-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select portfolio is attempting to foreclosure on my home with a fraudulent assignment The assignment was created after the cut off date of the trust filed with the United States Securities Exchanges.The document contain signatures of well known robo signers. I asked for proof of claim because the power of atty I gave to the the origination of loan in 2006 has being rescinded from the borrows waive of rights I appoint my self as Power of Atty.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30213
Submitted Via: Web
Date Sent: 2017-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: SPS is reporting late payments during the loan modification even though they advised me they would not report late payments. They forced me to go past due and would n't take my payments promising me that it would n't show late on credit.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 85044
Submitted Via: Web
Date Sent: 2017-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-15
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I have been working on a loan modification with XXXX XXXX XXXX for over 5 years. I completed numerous RMAs, continuously provided documents, pay stubs, bank statements, tax returns, W2s, letters of hardship, etc. It has been an endless request for and submission of documents. However, no one can tell me the status of the application. They just send me a new RMA to start over. To help us get the modification, we started working with XXXX XXXX, a community housing program in XXXX XXXX. XXXX submitted a modification package for us. Over the last year, XXXX has been in the same perpetual circle that we were in. XXXX has asked XXXX to start over 5 times and like us, they just keep sending in documents with the only response being more of the same documents and then a request for a new RMA and start again. This process is grossly unfair to the consumer.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20774
Submitted Via: Web
Date Sent: 2017-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A