Date Received: 2017-10-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX XXXX XXXX obtained my mortgage. I paid them 33 payments from XX/XX/XXXX to XX/XX/XXXX-all cleared. ( See attached listing of payments. ) XX/XX/XXXX SPS Servicing obtained my mortgage. ( See attached letter. ) 14 payments have been made to SPS and they have all cleared. ( See attached bank statement sheets showing the payments paid. ) I received a notice from SPS telling me that one of my payments was None Sufficient Funds. I called SPS and one of the representatives told me that it was the XX/XX/XXXX payment. I went to my credit union and obtained a certified letter showing that the XX/XX/XXXX payment cleared. Then I called SPS again ( because my account was still showing behind 1 month ) and they told me that my previous servicer, XXXX XXXX, sent them a notification telling SPS that one of my payments to XXXX was None Sufficient Funds. SPS says that they had to pay back to XXXX one of my payments that was NSF -- -SPS took one of the payments I made to SPS and supposedly sent it to XXXX . I asked SPS to send me a copy of the notice that XXXX sent them. First they couldnt find it ; then supposedly they found it and they were going to send it to me, but I have not received it. Now my account shows 1 month late and SPS has already reported me to the credit bureaus and my credit scores have gone down. I called XXXX XXXX, my previous servicer, and explained the issue to them. They processed an investigation and called me back to tell me that they have not requested monies from SPS ; that my account is closed and paid with them and that they have no rights to my account and it would be illegal for them to ask SPS for monies due toward my closed account. I spoke to XXXX, at XXXX, at XXXX, email : XXXXXXXXXXXX. I called SPS to tell them what XXXX told me. SPS continues to tell me that one of my payments to them ( SPS ) is still showing NSF and that I am 1 payment behind. So do I owe XXXX or did one of my payments to SPS not clear? They are really confused. Its like nobody has really taken the time to review all the documents I have emailed them to make sense of this situation. As you can see from copies of my bank statements ( attached ) which show my payments to SPS, none of the payments have ever been None Sufficient Funds to SPS -- - And if I ever didnt have enough funds in my account, my credit union pays the withdrawal and then charges me {$30.00}. I have been trying to resolve this since XX/XX/XXXX, as you can see from the letters I have received from SPS. And of course now they want me to do a loan modification to fix the issue. I have to tell you that I really, truly feel sick to my stomach every time I have to call SPS and try to clear this up. If I owe the payment and someone can tell me, and show me, why and where I 'm wrong, I will pay it - But they can not give me a clear answer. PLEASE HELP ME.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33018
Submitted Via: Web
Date Sent: 2017-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-22
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Select Portfolio Servicing has not given me proper credit for payments on my mortgage for the XX/XX/XXXX and XX/XX/XXXX.I sent in {$4100.00} on both these dates to make up for past due payments that I missed. For the past 3 years I have been consistently making payments. My wife has several health issues and I have to spend money for doctor bills and medication. My wife suffered a XXXX and I have tried to explain this to the company. Even though I have been making payments for the past 3 years, Select Portfolio has used aggressive threatening and aggressive tactics to force me to pay more money than I owe. I am attaching the letters from XX/XX/XXXX and XX/XX/XXXX that reflect this. For the past 3 years I have consistently been making payments. Select Portfolio is now threatening to foreclose and sent back a payment I sent in XX/XX/XXXX.I am including the letters which show inconsistent amounts on the principle such as recent statements the XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX.I also am including an updated payment history dated XX/XX/XXXX.I have included letters from XX/XX/XXXX and XX/XX/XXXX.Something needs to be done to end the illegal practices, the threatening letters and robo calls by these debt collectors.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11422
Submitted Via: Web
Date Sent: 2017-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-20
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I am filing a dispute yet again about my Mortgage Servicer Select Portfolio Servicing. I classified them as a collection agency because that is haw the represent themselves yet I have also learned that they are licensed as a lender as well here in XXXX Their standing and how they do things is very confusing to me. I had recently been offered a catch up plan with them for the amount I am behind on my Mortgage. I 've filed previous complaints letting you know how I was put in the position of being years behind my mortgage due to multiple delayed modification processes among other things. I have also filed a dispute on the catch up plan. Them amount of the payments is XXXX a month for a year and the a balloon payment of XXXX. I 've asked them multiple times for a breakdown of these numbers. How much goes to the principle, how much goes to their fees, that have racked up on me over the years, and where will I stand at the end of this as far as what I will still owe. All I get is generic responses with nothing but a list of fees they have against me. No breakdown of the numbers witch I need before I start paying so that I know exactly what will be happening. I have had many problems with their accounting in the past. After receiving their response to my last dispute they also canceled the plan saying that it had passed the date I needed to make the 1st payment. That date was during the time I was awaiting their response to my dispute. I have the finances to complete the payment plan but I really need to know where my money is going. I have also suggested that we could negotiate a principle reduction so as the keep everything straight without various payment plans. They say the investors that own my loan are not interested in that. Seems they are only interested in foreclosing. I also talked with them about an all encompassing settlement to the amount owed. They agreed it could happen yet refuse to tell me what they would actually settle for. Seems they want me to propose a settlement number myself. Leaving me to kind of guess at numbers that they may accept. Seems odd to me. I just want to get out from under these people and I want to do it in a way that will have some finality. They only have one thing in mind. Foreclosure! Please take record of this dispute.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2017-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX XXXX our XXXX XXXX XXXX XXXX, it was a very hard time and I missed XXXX and XXXX payments. We had a rental property that we owed {$35000.00} lender is XXXX XXXX and our family home a mortgage with XXXX {$85000.00} balance. We decided to sell the rental because we had enough to pay both home off with almost {$5000.00} extra. We put the rental on Market and took the 1st offer that paid both off. The buyer chose XXXX XXXX title to go through escrow. it was a fast escrow because we sold as disclosed and we had nothing against it. XXXX XXXX Acct # XXXX. XXXX XXXX XXXX XXXX XXXX TX XXXX. The escrow and title co was XXXX XXXX Title XXXX XXXX XXXX XXXX XXXX XXXX XXXX # A Phone number ( XXXX ) XXXX. It was a fast escrow and we had a closing date in 2 weeks to close on XXXX XXXX. I told the escrow office XXXX XXXX we wanted to payoff our family home. It was approx. {$84000.00} but she would get exact payoff info. XXXX called and we made XXXX XXXX sign our papers and close. She called and we could come and get our documents with a check made out to XXXX XXXX Acct # XXXX for {$85000.00} to payoff our home and another for almost {$5000.00} extra after closing. We received the check to Payoff XXXX and we have a local XXXX XXXX so I drove there and a lady named XXXX XXXX called someone to help with instructions for the payoff. We put the check into the XXXX account for the night and after midnight the money would go to paying home. I ask XXXX when our home would close and she said after midnight the house was paid off We had received a letter from a company called SPS dated XXXX XXXX, XXXX they had bought our home loan but we should continue to pay XXXX until XXXX XXXX, and if the check was in the mail XXXX would forward the payments. This is what we did, we paid XXXX XXXX XXXX, XXXX but they did not do it correct or some other problem. On XXXX XXXX, XXXX we should start paying Select Portfolio Serving acct # XXXX XXXX XXXX XXXX XXXX XXXX XXXX UTXXXX phone # ( XXXX ) XXXX. On letter dated XXXX XXXX they again stated their was no confirmation I had paid the money, at that time they has a copy of the check. I received another letter from SPS dated SXXXX XXXX, XXXX that we owed {$90000.00} that was calculated till XXXX XXXX, XXXX. on XXXX XXXX I spoke to XXXX at XXXX and she said she will fax into to SPS and call me back. XXXX told me that her boss and a couple other supervisors were trying to find out what happened to the check. I went into XXXX to ask XXXX if any progress and she was off so a lady named Mi took info and said she will give to XXXX next day. On Monday XXXX at XXXX I called SPS and spoke to XXXX, call was recorded. She ask me to provide proof of the payment of {$85000.00}. I ask XXXX to do it because I do not have a fax machine. she said I could also send thru mail. XXXX XXXX XXXX XXXX XXXX XXXX Utah XXXX. XXXX faxed it for me. XXXX XXXX, XXXX again they said they did not have the money in their account. my husband was worried about losing the home so they said if I paid the late fee of {$300000.00} XXXX XXXX dated XXXX XXXX it would give me time to get the check found from XXXX. on XXXX, XXXX, XXXX I again went to XXXX and spoke to XXXX XXXX. She said the supervisors were checking it and trying the money. At this point they had the copy of check and could see it was paid but could not find the money. I saw a few internal emails that I was not suppose to see but I had 1 printed out for me. The supervisor was XXXX dated XXXX.In the memo she stated that the money was paid, but the higher supervisors were saying because we paid the XXXX payment more than 60 days after the loan was transferred on XXXX XXXX that they were returning my check of {$85000.00}. At this point they have had the money from XXXX XXXX through XXXX XXXX, XXXX and was leaving it to me to pay the loan, all late fees, and interest. I did get the Check For {$85000.00} and again I had to deposit it overnight in XXXX to make payment to SPS the next day. which I did. Since the check would clear on XXXX XXXX the check would automatically pay XXXX and not SPS. So I went home and thought everything was ok. We started getting letters saying we had not paid any payments since XXXX and we would go into foreclosure. house was paid thru XXXX and we did not owe any other money to them. we received another letter as of XXXX XXXX we owed XXXX I went to local bank XXXX to confirm it was paid. XXXX said yes it was paid XXXX XXXX. I called XXXX XXXX and ask for a copy of front and back of the Check and she faxed it to SPS. The Money was not in the bank so again I called and told them it was paid. again I received a loan document said I had not paid since XXXX. It said as of XXXX XXXX I was 108 days late and risk foreclosure. I called and explained again on XXXX they said they would review within 20 days. I called SPS several times and explained the but they would not stop calling and writing the letters. At this point SPS has the {$85000.00} but they are taking the money from it to pay late fees and interest only. The say I owe them {$12000.00} with past due of {$10000.00}. They are giving me until XXXX XXXX to pay the late payments. I have a statement form that states there is {$79000.00} of unpaid principal balance. this is dated XXXX XXXX, XXXX. I am so upset that they are doing this and so far getting away with it. I am sure I am not the only person that they are doing this to. I have enclosed all the documentation, checks front and back as well as the escrow records that showed it was paid in XXXX. Now it is XXXX XXXX and they still are doing this. I have called my local congressman, and filed a complaint there as well. I am adding all documents for you and I Hope that this will be corrected soon. they should deduct all fees from XXXX XXXX to current, if anyone owes it is XXXX and not me. At this point XXXX has kept XXXX for 3 months and I assume they received interest on it. Now XXXX has the same {$85000.00} and they are also holding it instead of paying my home off. by doing this they are keeping late fees and interest on the money they are keeping. My Money in SPS is now down to {$70000.00} so they have taken {$15000.00} and not applied any to the loan. Thank you for your help XXXX, XXXX CA XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95965
Submitted Via: Web
Date Sent: 2017-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I short sold my property on XX/XX/XXXX. During or prior to receiving the sale information, XXXX, acting as Attorney-in-Fact for XXXX XXXX XXXX, submitted a motion for summary judgement ( with a fraudulent affidavit ). XXXX XXXX XXXX approved this judgement with judicial sale date of XX/XX/XXXX. This date has been changed a few times and is now scheduled for XX/XX/XXXX. After I submitted a previous complaint to the CFPB on XX/XX/XXXX ( XXXX ), my attorneys received the short sale approval letter from XXXX on XX/XX/XXXX. After complying with their requirements for closing, they included an affidavit which required buyers and sellers signatures. I have attached the affidavit here, The 2nd paragraph has a line saying '' the servicer ... .agrees to accept less than the amount owed to resolve its Loan ( pursuant to a separate agreement between the servicer and the seller ). I do not have any separate agreement. Also, in # 10 on this affidavit, '' each signatory to the affidavit agrees to indemnify XXXX and the investor ( supposedly XXXX XXXX ) for any or all losses resulting from any negligent or intentional misrepresentation including, but not limited to repayment of the difference between the amount owed on the loan and the discounted amount payment. '' I questioned why I do n't have the agreement they referred to in the second paragraph and why # 10, they were referring themselves to XXXX. They now have told my attorneys they will change the wording so it will say XXXX as attorney-in-fact for XXXX XXXX XXXX. I still do n't have the agreement that was referred to, which I believe would be the release from liability. Now the buyers have been waiting since XX/XX/XXXX to close, we were ready last week-I had the home checked by the water department as required, paid the XXXX but XXXX will not provide the release from liability. The scheduled judicial sale is XX/XX/XXXX. If they ca n't provide a release from liability, we ca n't close on the house. I believe they are stalling again or plan to come after me for the claimed deficiency once the short sale is closed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60423
Submitted Via: Web
Date Sent: 2017-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am writing you today to express my frustration in working with XXXX XXXX on a mortgage modification under the Making Home Affordable program instituted by the Obama Administration. I am at a loss as to what to do now that will encourage them to act in a timely manner to finalize a modification process that began over 5 years ago. It is my hope that in filing a complaint that a resolution regarding my application for a mortgage modification can be expedited, and pressure placed on XXXX XXXX to fulfill its obligation to act in a timely manner not only on my behalf, but on behalf of others that are facing the same obstacles regarding their applications for mortgage modifications. I find it very observed that I have been trying to get a loan modification for over years, and yet, till this date, we have not been able to resolve the issue. It has come to my attention that my loan modification was denied for a loan modification because the documentation was not received on time to review for the sales date of my property which is on XXXX XXXX XXXX. I have been consistently sending you required documentation, required clarification and and needed documents to satisfied the conditions. I want to bring to your attention also that this loan is an illegal loan. When the house and loan were purchased, I had no idea I was even the owner of the mortgage and the property. A friend of mine that XXXX XXXX years ago had purchased the property with a " Power of Attorney '' with out my consent. I did not signed any documentation regarding this loan and it was purchased illegally. The only reason I found out about this debt was because he stopped making payments, and it showed on my credit report this balance that I did not even know I possessed. I had tried to come up with a resolution regarding this debt, but it just keeps getting dragged along with the debt increasing, and you have not been able to come up with a resolution due to the fact that you do not know what to do because you know everything has been illegal. You have sue me under foreclosure, and demand me to pay back for a debt that I did not even signed for in the first place. I believe all the transfer from servicing companies has been illegal as well, because you are suing the person who did not signed for this mortgage. Now, you have a sales date assigned for XXXX XXXX, XXXX, and want me to reinstate the full amount, or will continue to process the auction sales. I want to rectify also that you have encountered " Dual Tracking '' on this process, because you knew we were working on a loan modification, but still took the initiative to continue the process of the foreclosure. To my knowledge, the process should be placed on hold until the review is completed. I want to bring up to this case that there are tenants in this property, that should not be responsible if you sell this house. In XXXX, it is illegal to rent a property that is facing foreclosure. We were forced to rent the property because not only are their household expenses, but also, this is the only income that can be present to you guys, as an investment property, in which you had requested to " rent the property ''. You are forcing us to rent the property illegally to work out a loan modification, when in the long run, you are suspending the loan modification review, and finalize this case in an auction sale, this is illegal, and I feel that you are doing this to wash your hands and make sure you are not responsible for this debt. I want to assure you that you are responsible as much as I am for the debt for the illegal empowerment of a loan, which I did not take out myself in the first place. We fought back and forth with you including the court. You have received everything you needed in regards to the Loan Modification process. Now I 'm not able to complete my modification and get out of trouble with foreclosure due to a misunderstandings and a misinformed process to resolve the loan modification. It is neither my intentions nor my fault that this debt has increased. I been trying to resolve this issue for the last 5 years with no results, basically with the same action, " I do not qualify because I do not have enough income '' when in reality everything is already clear, and you have records of this. I just find this really obnoxious and idiotic when you have a citizen like myself, asking for help, reaching out to you throughout all this time, just because I want to keep my home, my investment. In news reports I hear that XXXX XXXX claims to be overwhelmed with applications for modifications. As a result, your bank is top 3 worst servicer processing a modification. When times were good and banks were encouraging everyone to take out 1st, 2nd and even 3rd mortgages they did n't seem to have any problem keeping up with the high demand. Full documentation Mortgages could be initiated and closed inside of 2 weeks. Now, when someone asks for help, it takes years with no immediate results. I understand that across the country there are several lawsuits being filed against XXXX XXXX, some seeking class action status. I think it would be worth your time to look into doing the same on behalf of all Home Owners that are facing the same uphill battle with you XXXX XXXX as I am. Please take in consideration that I really want to keep my property. Please help me the best you can, I know I qualify for a better Loan Modification, and it would be under our best interest to qualify this loan.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11203
Submitted Via: Web
Date Sent: 2017-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been living at my residence for almost 30 years. Over the last XXXX or so years, many mortgage companies have been involved in my home loan as they sell it to other companies. A number of years ago, the present company XXXX, informed me that my I now owed almost {$500000.00}. I had thought it was around {$350000.00}. They never gave me a complete explanation for this increase. As I was struggling to pay the monthly mortgage, I contested it but they did not respond. The present value of my house is around {$560000.00}. I am 72 years of age, self employed and want to stay in my residence. I would appreciate your investigating this situation and informing me of the correct amount I presently owe on my home. Thank you very much for your help XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89118
Submitted Via: Web
Date Sent: 2017-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Based on our correspondence and feedback from SPS, We have questions and serious concerns that we need to address in a timely fashion from SPS and alleged Foreclosure Mill, which have change hands several of times. We totally reject to all the alleged responses from SPS. These are the reason why ( A. ) W e was not aware of Foreclosure Sale Postponed on XXXX XXXX, XXXX, We request for proof of discovery, As we know the property can not convert over the note Holder in Due Process. However based on the information on the foreclosure sale, that allegedly took place place on XXXX XXXX, XXXX. We also requested the law firm to provide proof of evidence from the Auctioneer and the courts for proof of presale and new purchase deed showing on record as new instrument. ( B ). Based on Preditory lending towards XXXX XXXX, which the loan was diflated libor rate and so since the alleged loan was transfer to XXXX XXXX XXXX/SPS Allegedly amount owed was part of preditory lending, that SPS company pursue and is now denying any activity in response to this matter. We reject to SPS claim and merit and there false allegation. However as far as we concern, the Attorney Foreclosure Law firm is in violation of the FDPCA. as debt collector and purchasing our property for gain, which falls under theft by Deception and Ultra Vires.This case is still valid due to the fact, SPS is acting now as a pretender lender, that is facing lawsuits in preditory and truth n lending, Dodd Frank. ( C. ) Returned of previous payments needs to be address, based on SPS is the third party debt collector with no license in the state of Maryland as a debt collector.Which clearly is not the Holder in Due Process, also in violation of the FDPCA against all parties /substitute Trustees/Attorney 's. Therefore all payments must be returned and foreclosure must be vacated until this thorough investigation is fully disclosed to satisfaction. ( D ). Based on Servicing Rights, which clearly does not give SPS authority to act in the position as Servicer to this property. Based on the documents receive from SPS showing the documents dedacted inlegible. Based on my credit information, the loan was paid offand discharged thru the Bankruptcy since XX/XX/XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20748
Submitted Via: Web
Date Sent: 2017-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been trying to get a loan modification for months and the bank never attempted to give me a modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30339
Submitted Via: Web
Date Sent: 2017-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-18
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I received an alert on XXXX/XXXX/XXXX that there were missed payments being reported to XXXX relative to SPS Mortgage loan. Please note, the account was incorrectly reported as 150 days late to XXXX as of XXXX. I submitted an online dispute through XXXX on XXXX/XXXX/XXXX as SPS took over servicing of the account effective XXXX/XXXX/XXXX ; therefore, account could not be 150 days reported late if they only serviced the account for 60 days. XXXX dispute results received today, XXXX/XXXX/XXXX and SPS did not update their reporting information to reflect the accurate number of late payments. Further the account was previously serviced by XXXX. XXXX XXXX already filed record of 60 and 90 days late through credit bureaus. SPS Servicing is double dipping on the late payments recorded I believe as a result of my separate complaint filed with CFPB for the intentional mishandling and delay of my loan modification. I am respectfully requesting they remove these incorrectly late payments and update to match the time they have serviced the account XXXX/XXXX/XXXX. If they had not mishandled and intentionally caused a delay in my file handling - I would not be going through this long standing impact to credit file. Please note my first loan with XXXX Mortgage was modified back in XXXX within 60 days based upon the same information submitted to XXXX and subsequently SPS.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CT
Zip: 064XX
Submitted Via: Web
Date Sent: 2017-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A