Date Received: 2017-09-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: This is a Consumer Complaint filed by XXXX XXXX XXXX and XXXX XXXX XXXX against SPS Inc. and XXXX for intentional violations of ( FDCPA ), 15 U.S.C. 1692e ( 8 ), having been committed in order to facilitate continued non-compliance with 15 U.S.C. 1681 ( FCRA ) to wit, Re-aging and Re-opening a charge-off, closed and negative account solely for the purpose of establishing a new " DATE OF FIRST DELINQUENCY ''. [ A ]. Also be advised that this complaint is predicated upon violations of the ( FDCPA ) because it contains a specific provision applicable to debt collectors when they communicate with a CRA. This provision, is 1692e ( 8 ) which is directly applicable to the violations alleged herein. [ B ]. Select Portfolio Servicing Inc. is, as of XX/XX/XXXX furnishing information to all three credit reporting agencies beyond the statutory period allowed by the FCRA, and in doing so, SPS Inc. has violated ( FDCPA ), 15 U.S.C. 1692e ( 8 ), by intentionally misrepresenting material facts and making deceptive statements to the CRA 's to evade the true application of law. SPS Inc. is continue its efforts to collect a purported debt that is beyond the statutory period allowed by federal and state statutes to collect. [ C ]. A representation was made by SPS Inc. that account # XXXX was legally reportable, but the representation was false. -- When the false statements was reported, SPS Inc. knew they were false but made it anyway with reckless abandon -- The fraudulent misrepresentation was made with the intention that my spouse and I, and the public in general rely on it as true. Whereas, the Credit Reporting Agencies did in fact rely on the fraudulent misrepresentation and as a result, my family and I have suffered enormous harm as a result of the fraudulent misrepresentation. [ D ]. ] Account # XXXX aka # XXXX should have been removed from my credit files 7.5 yrs. from the " Date Of First Delinquency '' i.e. ( XX/XX/XXXX ) according to all three credit reporting agencies. [ E ]. Please take note of the intentional misrepresentation of a critical material facts as well as deception at EXHIBIT-7, a XX/XX/XXXX XXXX XXXX Credit Report at highlighted text representing a fraudulent DOFD, then see EXHIBIT-1, & 2, which are XX/XX/XXXX and XX/XX/XXXX XXXX Credit Report which shows the " DATE OF FIRST DELINQUENCY '' was already established and proffered as being XX/XX/XXXX, which occured prior to stated Charge-off and closure of the account. [ F ]. In support of all allegations Stated herein, see ( EXHIBIT-1, 2, & 3, XXXX 's Credit Reports for XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX ), also see ( EXHIBIT-4 & -5, XXXX XXXX Credit Report for XX/XX/XXXX & XX/XX/XXXX ) and ( EXHIBIT-6, & 7, XXXX Credit Report for XX/XX/XXXX and XX/XX/XXXX ). note that the " DATE OF FIRST DELINQUENCY '' is consistent amoung all reports i.e. ( XX/XX/XXXX ). [ G ]. Both the original creditor or a debt collector can not re-age or re-open a negative account. No matter how many times a delinquent account is transferred or sold from one debt collector to another, the date of first delinquency should not change. The ( date of first delinquency ) determines how long a negative account can remain on a credit report. [ H ]. ] Please note in EXHIBIT-1 the DOFD had already been reported as XX/XX/XXXX -- then note in EXHIBIT-7 and EXHIBIT-8 that the credit furnisher SPS. Inc. is still furnishing information to the CFR 's as if account # XXXX is within the 7.5 year statutory reporting period allowed, all being in direct violation of ( FDCPA ), 15 U.S.C. 1692e ( 8 ) and 15 U.S.C. 1681 ( FCRA ), in that the intentional misrepresentation is specifically prohibited by the FDCPA. [ I ]. The FCRA effectively provides furnishers immunity from private enforcement for initially providing inaccurate information to a CRA. However, the full panoply of FDCPA remedies is available to redress this precise misconduct. The reason is that the FDCPA prohibits debt collectors from using any false or deceptive means to collect a debt and explicitly includes a credit reporting protocol that prohibits a collector from knowingly communicating false information to a CRA or failing to disclose to a CRA that a known disputed debt is disputed. Virtually every violation of the FCRA 's ( unenforceable ) requirement for initially accurate reporting may violate this part of the FDCPA when undertaken by a debt collector. [ J ]. As to the re-aging violations, Congress amended the FCRA in XX/XX/XXXX to provide explicit rules regarding how to determine the date of an account 's delinquency for credit reporting purposes. The FCRA now specifies how furnisher/collectors should designate the date to ensure that the date of delinquency precedes the date the creditor placed the account for collection. If no date can be determined by these procedures, then the furnisher must establish and follow reasonable procedures to ensure that the date reported precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2017-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolios SPS and XXXX has there atty send a letter saying there is litigation s There is no litigation s I have filed prior with CFPB. But no help! I have no Atty., SPS SAID IN XX/XX/XXXX that I need to send new modification application because XXXX did not send my application with approval. I submitted to SPS 5 loan mod application and the keep denying the 1 st one took about 1 year then SPS SAID mod program only goes up to $ XXXX, my debt was discharged in bankruptcy in XX/XX/XXXX so there is no debt, but XXXX and SPS KEEP trying to collect the {>= $1,000,000}. Loan bal. when I apply for mod. SPS Ombudsman dept. Told me I was denied do to no pay check stubs were provided, I told them I makes box self employed and attached P and L and 2 year taxes. The SPS agent told me get a year to date p and l I did same day and payed my PA {$500.00} to fast track it, Sps said you 'll have to wait to week prior to sell. XXXX and SPS ARE LIARS, AND THEY NO CFPB RULES TO AVoid compliance, it 's My understanding they were caught transferring service right s to avoid compliance with National Morg. Settlement and yet they took a credit prior to transferring my loan. XXXX even sent me a letter the loan was paid in full Accounting errors and after XXXX XXXX phone calls
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 931XX
Submitted Via: Web
Date Sent: 2017-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-18
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/XXXXSelect Portfolio Servicing , Inc . ( Purported Sub-Servicer, Loan # XXXX ) ATTN : Ombudsman Department XXXX XXXX XXXX XXXX XXXX XXXX XXXX UT XXXX Via Facsimile : XXXX Via Email : XXXX XXXX XXXX XXXX ( SUBSTITUTED TRUSTEE DOC # XXXX ) ( Acting as TRUSTEE under the Deed of Trust # XXXX ) ATTN : XXXX XXXX XXXX VP of Operations XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX Via Facsimile : XXXX Via Email : XXXX XXXX XXXX XXXX XXXX ( Purported Trustee for the Trust BSMF TRUST XX/XX/XXXX-AR5, Loan # XXXX ) ATTN : LEGAL DEPARTMENT XXXX XXXX XXXX XXXX XXXX XXXX SD XXXX Via Facsimile XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) ( Purported Lender & Originator of Purported Loan # XXXX ) ATTN : LEGAL DEPARTMENT XXXX XXXX XXXX XXXX XXXX XXXX LA XXXX Via Facsimile : XXXX RE : CEASE AND DESIST LETTER FOLLOW-UP REGARDING TRUSTEE SALE NO : XXXX CA ; SELECT PORTFOLIO SERVICING LOAN # XXXX ; PROPERTY ADDRESS : XXXX XXXX XXXX XXXX CA XXXX REFERENCE TO CFPB CASE # To whom it may concern : This is to formally notify you I just received inconsistent responses to my Cease and Desist Letter datedXX/XX/XXXX from SPS less than one month ago ( the envelope was not dated therefore, I can not give you a specific date and XX/XX/XXXXwas not received by me until XX/XX/XXXXand I need more time to respond. The information coming in all at one has been overwhelming and both SPS and XXXX XXXX have sent responses without CFPB assigned case numbers and these additional mail have responses that have been changed and reworded and documents enclose are also have a slight variation. I need more time to properly respond. Meanwhile, you must continue to Cease and Desist all trustee sale activities until I am given proper time to respond. Both SPS, and XXXX XXXX have requested additional time and I should be allowed the same consideration. You must Cease and Desist especially for the following reasons with regards the Corporate Assignment of Deed of Trust, Instrument # XXXX ( AODOT ) and the Substitution of Trustee, Instrument # XXXX ( SOT ). Both Instruments are invalid due to evidence that the documents were executed fraudulently. 1. The Corporate Assignment of Deed of Trust, Instrument # XXXX ( AODOT ) must be VOID for the following reasons : a. XXXX XXXX XXXX does not have any authority to sign as a XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) Employee. b. XXXX XXXX XXXX was also a XXXX XXXX XXXX XXXX ( XXXX ) employee on XX/XX/XXXX. She was working in the Chain of Title Department fulfilling a variety of tasks. c. XXXX XXXX XXXX has been known to sign for XXXX as Vice-President. d. The acknowledgement is does not conform to California and Louisiana Laws/Statutes. e. XXXX XXXX the Notary is authorized so perform Notarial acts within her Parish, and how can she acknowledge XXXX XXXX XXXX signature if she is a XXXX employee and XXXX is located in XXXX Michigan? f. Once again, there is no supporting document attached to the AODOT, showing that XXXX XXXX has authority to sign for XXXX. g. On my Cease and Desist letter datedXX/XX/XXXX, I asked for even a CORPORATE RESOLUTION as required under the XX/XX/XXXX consent order in XX/XX/XXXX and yet, I still have not received this document from either SPS and, orXX/XX/XXXX h. There is no mention of the ADJUSTABLE RATE NOTE ( NOTE ). The DEED OF TRUST, Instrument # XXXX ( DOT ) must follow the NOTE. i. This was not acknowledged Under Penalty of Perjury and it also does not conform to the Corporate Acknowledgement laws/statues of Louisiana. It also does not conform to Californias Corporate Acknowledgement within that state either. California Civil Code 1189 and 1190. XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) is a DEFUNCT company. XXXX filed a certificate of surrender on XX/XX/XXXX. XXXX XXXX ( System, without an s ) was suspended to conduct business in California on XX/XX/XXXXandXX/XX/XXXX ( Systems, with an s ) registered with the California Secretary of State in XX/XX/XXXX. XXXX can not be a nominee under DOT for several reasons but especially because XXXX was not licensed to conduct business in California. l. XXXX XXXX was a Senior Vice President at XXXX XXXX XXXX ( XXXX ), located in Florida ( now is a CIO ) prepared the AODOT. XXXX is a mortgage m. document preparation and recording company. XXXX XXXX while employed at XXXX, PREPARED THE AODOT and sent the blank document to XXXX XXXX XXXX XXXX a Senior Operations Specialist who was employed at XXXX n. from XX/XX/XXXX through XX/XX/XXXXsigned the blank document prepared by XXXX on XX/XX/XXXX. XXXX XXXX XXXX, sent the executed AODOT, without an attached XXXX Corporate Resolution attached as required, especially by the XXXX Consent Order in XX/XX/XXXX back to XXXX. XXXX then, requested for the AODOT to be recorded at the XXXX XXXX County Recorders Office onXX/XX/XXXX. o. This AODOT is clearly robo-signed and fraudulent. p. The chain of title is BROKEN. See the MISSING ASSIGNMENTS ( securitization ) below. i. Assignment from XXXX to XXXX XXXX XXXX ( Sponsor for the purported Trust, XXXX XXXX XXXX Funding Trust XXXX ( XXXX XXXX ) is missing. ii. Assignment from XXXX to XXXX XXXX XXXX XXXX XXXX XXXX. ( XXXX XXXX ) ( Depositor of XXXX XXXX ) q. CA Civil Code 1190, Proof of Acknowledgement of Instruments. The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the orm specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. Duly authorized person, with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation. r. The AODOT in XXXX XXXX opinion is a WILD DEED. A wild deed is a recorded deed that is not in the chain of title because a previous instrument connected to the chain of title was not recorded. This wild deed, Instrument # XXXX will not, can not provide constructive notice to later purchasers of the property, because subsequent bona fide purchasers ( BFP ) can not reasonably be expected to locate the deed while investigating the chain of title to the property. A wild deed is also known as a thin air deed. The Problem of the Wild Deed : If a deed, entered on the records ( A to B ), has a grantor unconnected to the chain of title ( O to A ), then deed is a wild deed. It is incapable of giving record notice of its existence. s. The NOTE and DOT was never assigned to the trust when the Trust, XXXX XXXX inXX/XX/XXXX. t. UNPERFECTED LIEN. In XX/XX/XXXX there was blanket lien perfection under California Commercial Code XXXX the Assignment of Deed of Trust must be filed within 20 days of XXXX sale to, in this case based on the AODOT, XXXX would have to be the new investor. u. Fraudulent indorsement on the Adjustable Rate Note. v. Unclean Hands. w. False Claims x. The AODOT was recorded onXX/XX/XXXX while XXXX XXXX was still in ACTIVE Chapter XXXX Bankruptcy. This only proves that the purported loan # XXXX by XXXX had an UNSECURED STATUS when he filed for Chapter XXXX Bankruptcy protection on XX/XX/XXXX. This is a violation of the Automatic Stay. The Creditors were asked to file their PROOF OF CLAIM, and not attempt to perfect a lien and fraudulently claim ownership without satisfactory evidence as XXXX or XXXX. y. There are other issues XXXX XXXX finds to be irregular and questionable with regards to the AODOT and we will address them at another time. 2. The Substitution of Trustee, Instrument # XXXX ( SOT ) should be VOID for many reasons : a. First of all, XXXX XXXX XXXX XXXX XXXX ( XXXX ) can not be the Trustee of the purported Trust, XXXX XX/XX/XXXXfor reasons mentioned in Section 1 above. b. The SOT is invalid because it was executed by a XXXX XXXX, a Select Portfolio Servicing, Inc. ( SPS ) Document Control Officer onXX/XX/XXXX. SPS claims to be the Attorney-in-Fact to the purported current BeneficiaryXXXX XXXX as the Trustee of the Trust XXXX XXXX Per Section 24 of the DOT, only the lender is names as the party authorized to appoint a successor trustee. The Deed of Trust does notallow for the beneficiary to execute the Substitution of Trustee. c. The SOT Notary Acknowledgement does not conform to California and Utah Laws/Statutes. d. CA Civil Code 1190, Proof of Acknowledgement of Instruments. The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. Duly authorized person, with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation. e. There is not a Sub-By-Code Declaration of record as required by CA Civil Code 2934a ( 2 ) ( D ). The statute states the following : Notice of the substitution was sent by certified mail, postage prepaid, with return receipt requested to each holder of an interest in the obligation secured by the deed of trust who has not joined in the execution of the substitution or the separate document. The separate document shall be attached to the substitution and be recorded in the office of the county recorder of each county in which the real property described in the deed of trust is located. Once the document required by this paragraph is recorded, it shall constitute conclusive evidence of compliance with the requirements of this paragraph in favor of substituted trustees acting pursuant to this section, subsequent assignees of the obligation secured by the deed of trust and subsequent bona fide purchasers or encumbrancers for value of the real property described therein. f. The Grantor Trustor, XXXX XXXX is not listed on the Index which doesnt allow contructive notice. When you search for recorded documents, the SOT does not appear. This has been addressed numerous time and including to XXXX XXXX XXXX Vice-President of XXXX XXXX XXXX onXX/XX/XXXXand her reply to me was, its not our fault that the County Recorder erroneously did not index the Substitution of Trustee properly. Later that day when I sent her an email recapping the days events and correspondence and telephone conversations. Since XX/XX/XXXX XXXX XXXX and I keep good, clean and concise records of all correspondence and conversations. g. XXXX XXXX the Notary is authorized so perform Notarial acts within her Parish, and how can she acknowledge XXXX XXXX XXXX signature if she is a XXXX employee and XXXX is located in XXXX Michigan? h. Once again, there is no supporting document attached to the AODOT, showing that XXXX XXXX has authority to sign for XXXX All parties mentioned above have, still continues to fraudulently act in concert to confuse, mislead and falsely claiming ownership of XXXX XXXX property and threatening to foreclose when they have not proven standing. Under the terms of the NMS and HBOR, you must adhere to significant new homeowner protection. The consent order requires that XXXX XXXX XXXX and its affiliates meets the servicing standards set up by the XX/XX/XXXX National Mortgage Settlement ( NMS ) with the five largest banks. Specifically, SPS is in violation of California Civil Code section 2923.55 in that SPS and XXXX XXXX continues to fail in provide ALL the requested documents as required by code even though this demand has been made in writing to SPS on since XX/XX/XXXX and XXXX since XX/XX/XXXXand again onXX/XX/XXXX by phone, Qualified Written Request and Cease and Desist letters in XXXX and XX/XX/XXXX. XX/XX/XXXX SPS andXX/XX/XXXXand its subsidiaries, are also in VIOLATION of the HBOR and many other CALIFORNA, FEDERAL LAWS and ACTS. Specifically, XXXX XXXX XXXX SPS and XXXX XXXX XXXX are continues to violate California Civil Code Section 2924.17 in that the recorded documents are not accurate and are not supported by competent and reliable evidence. There seems to be strong evidence of robo-signing, perjury and forgery in the documents recorded in the official land records of XXXX XXXX County. I am especially referring to the act of XXXX falsely claiming to be the owner ( XXXX ) of XXXX XXXX property by fraudulently recording an AODOT XXXX XXXX County Recorders Office on XX/XX/XXXX ( see above ). TD Service Company is also being formally notified the " substitution of trustee '' is now VOID on its face, and as such has NO LEGAL EFFECT. XXXX XXXX XXXX and is acting without right or authority and all publications by XXXX XXXX are without privilege, subjecting XXXX XXXX XXXX to slander of title liability. XXXX XXXX XXXX is claiming to be a properly substituted trustee, and as such, is to act as an independent third-party who is responsible to all parties, not just SPS. XXXX XXXX XXXX is being formally notified that all trustee sale activities are in violation of in VIOLATION of XXXX XXXX XXXX and its Subsidiaries NMS, Californias HBOR and all other State and Federal laws. XXXX XXXX continues to dispute the VALIDITY of the AODOT and SOT filed at the XXXX XXXX County Recorders Office. This letter is a formal COMPLAINT addressing XXXX XXXX concerns and DISPUTING THE VALIDITY OF ALL DOCUMENTS recorded and filed in the XXXX XXXX County Recorders Office where the documents listed below have been filed against his once, good title. In addition to the AODOT, SOT, this complaint is also addressing two Notices of Default, Notice of Rescission of the Notice of Default and Two Notices of Trustee Sale. The title to his property located at XXXX XXXX XXXX XXXX CA XXXX has been slandered and clouded by numerous false, robo-signed and potentially even fraudulent documents. See the see attached EXHIBITS with my notes of fraud, irregularities and etc. This letter is a formal CEASE AND DESIST from any further trustee sale activities against XXXX XXXX and his property. Specifically, the " assignment '' to the alleged beneficiary, XXXX XXXX XXXX XXXX the purported Trustee of the securitized trust, XXXX XXXX XXXX Funding Trust XXXX was done by XXXX without authority of the principal and fails to acknowledge the principal. The assignment is void on its face and is of no legal effect. The AODOT is fraudulent, see attached EXHIBIT. A XXXX employee, XXXX XXXX had no authority to execute and caused to be filed and record at the land records of XXXX XXXX County, a Corporate Assignment of Deed of Trust in the name of XXXX and especially while holding title as a Senior Operations Specialist for XXXX XXXX XXXX XXXX XXXX XXXX has no standing. The Assignment is fraudulent, flawed, void and has no effect. There was also no mention of the NOTE in the Corporate Assignment of Deed of Trust and it also was not acknowledged under Penalty of Perjury. The Corporate Assignment of Deed of Trust did not list the CORRECT trust name. The TRUST name is XXXX XXXX XXXX Funding Trust XXXX and the DEPOSITOR of the trust is XXXX XXXX XXXX XXXX XXXX XXXXXXXX and not XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Funding Trust XXXX The title to my property been slandered many times by all these fraudulent documents being recorded my property since. The SOT has numerous violations, irregularities and obvious robo-signing. The individual who prepared or requested of did not Index the Trustor or nor was there an Affidavit of Mailing attached other irregularities. The Notice of Default is now in void on its face, and as such has no legal effect. XXXX XXXX XXXX is acting without right or authority and all publications by XXXX XXXX XXXX are without privilege, subjecting XXXX XXXX XXXX to Slander of Title liability. XXXX XXXX XXXX is also being formally notified of the Substitution of Trustee is null and void on its face, and as such has no legal effect. XXXX XXXX XXXX is acting without authority and all publication by XXXX XXXX XXXX are without privilege subjecting XXXX XXXX XXXX to Slander of Title liability. XXXX XXXX XXXX is claiming to be the properly substituted Trustee though I am disputing the of this substitution and as such, is to act as an independent 3rd party who is responsible to ALL parties, not just Select Portfolio Services is being formally notified the intended Trustee Sale is in violation of several California Civil, USC and UCC Codes. Per Civil Code 2924.12, I may seek damages of {$50000.00} for material violations as well as attorneys fees. Please contact me via email at XXXX and also copy XXXX XXXX XXXX XXXX to discuss further. Please postpone todays, XX/XX/XXXX Trustee Sale so you can address XXXX XXXX concerns. Please refer to Exhibits enclosed Cease and Desist letters dated XX/XX/XXXXandXX/XX/XXXX. Sincerely, XXXX XXXX, ( Acting on behalf of XXXX XXXX ) cc : U.S. Department of Justice ATTN : Financial Fraud Enforcement XXXX XXXX XXXX XXXX XXXX DC XXXX XXXX Office of the Comptroller of Currency U. S. Department of treasury Attention : consumer protection/customer assistance group XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX California State Attorney General XXXX XXXX XXXX XXXX CA XXXX County of XXXX XXXX District Attorney Attention : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX CONSUMER FINANCIAL PROTECTION BUREAU ( CFPB )
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-15
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: SINCE ON THIS WEBSITE THERE IS NOT AN OPTION TO REPORT AN INDIRECT THREAT TO ME BUT BY VARIOUS CHAIN OF DEBT OR FORECLOSURE MEANS THROUGH SHERIFFS OR MARSHALS OR POLICE OR HIGHER ED MERCENARIES TO THROUGH PEOPLE OUT OF THERE HOME NOT KNOWING OR KNOWING THAT THERE WAS NO MORTGAGE OR LOAN THIS IS WHY I SELECTED THIS OPTION CAUSE IT IS DIRECTLY CONNECTED AIDING AND ABETTING TO THE FORECLOSURE RICO RACKET PERPETRATED AGAINST ME AND MY FAMILY HOME AND LAND, AND PIRATING ASHORE. THERE WAS NEVER A LOAN. cancel all further actions as this so called loan XXXX XXXX was not, and was XXXX XXXX -Securities to the Bear and I am the Creditor and Investor. XXXX XXXX Rescission - A SECURITY IS NOT A NEGOTIABLE INSTRUMENT - ENTITLING ME TO RECOUPMENT OF ADVERSE CLAIM, HOWEVER ALL OF THIS IS NULL AND VOID PER FORGERY ON THE INSTRUMENT IN MY GOOD NAME. YOU ARE A THREAT AND SHALL NOT SELL MY PROPERTY LAND OR ANY OF MY POSSESSIONS NOR ANYONE ELSE IN LESS YOU CAN SHOW YOU HAVE THE CORRECT TITLE IN YOUR NAME. IF THERE IS A FRAUD SALE THAT WILL TAKE PLACE ONLINE OR ANYWHERE ELSE WILL BE A CRIMINAL ACTION AGAINST ANYONE SELLING, TRANSFERRING, RECEIVING MONEY, CASHIERS CHECK OR OTHER MEANS OF PAYMENT INCLUDING ALL OF THE PUBLIC OR PRIVATE COMPANY 'S CEOS AND STAFF RUNNING THIS SCAM ON THE INTERNET WIRE AND MAIL FRAUD AND SHERIFF AND POLICE OR HIRED MERCENARIES PAID OFF TAKING A BRIBE AIDING AND ABETTING TO THE CRIMES AGAINST ME OR ANYTHING OR ANYONE ASSOCIATED. YOU HAVE BEEN WARNED! I FIRED THE SHERRIF AN POLICE DEPT THIS WEEK AND THEY WERE SERVED. ALL AGENCIES HAVE BEEN WARNED AND SERVED PER REGISTERED MAIL WITH WARRANTS AND THE DEFAULTED BILL THAT YOU NOW OWE AND MORE ... WRIT OF POSSESSION IS IN ANOTHER PROCESS ATTACHED WITH A BILL AND LEVY AGAINST ANY ONE OR IN THE COMPANIES PERPETRATED AGAINST ME ETC. INCLUDING ALL BAR MEMBERS OR OTHERWISE. MY TITLES IS OF THE HIGHEST ON THE LAND IF NOT THE WORLD. YOU SHALL SEE. CROWN .... TITLE THERE IS NO XXXX XXXX XXXX THEY WENT OUT OF BUSINESS IN 2007- AND I HAVE NO CONTRACT WITH THEIR PARENT COMPANY. PERIOD XXXX XXXX XXXX THERE ARE ARREST WARRANTS FOR 42 OF YOU ALL AND DEBT LEVY AND MORE COMING. WHOMEVER IS WRITING ME BACK OR SENDING LETTERS IN THE MAIL WHICH IS MAIL OR WIRE FRAUD, AND ACTING UPON YOUR OWN JUDGEMENT, PROSECUTOR AND JURY IS ALL NULL AND VOID AND A CRIMINAL ACT AGAINST ME. XXXX XXXX PEOPLE OF THE CORPORATIONS ARE LIABLE AND THE FRAUD COURTS SO YOU HAVE NO JURISDICTION OVER THE LANDS, HOMES, CARS, BOAT, WE WONDER IF YOU HAVE ANY? YOU ARE PERSONALLY LIABLE TO ME NOW AND ALL THE CORPORATE MEMBER EMPLOYEES WORKING THERE.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92530
Submitted Via: Web
Date Sent: 2017-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The mortgage company refuse to work with me in order to get a loan modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30016
Submitted Via: Web
Date Sent: 2017-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The lender has failed to respond to our QWR and Notice of error request sent onXX/XX/XXXXand are proceeding to sale set for XX/XX/XXXX - the lender is in violation of regulation X-12 USC 2605 ( e ) ( 1 ) and the clients right to counsel.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 470XX
Submitted Via: Web
Date Sent: 2017-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This short sale was started with XXXX in XX/XX/XXXX. The loan service transferred to SPS on XX/XX/XXXX. The loan was finally ported into their system and we submitted the short sale on XX/XX/XXXX. I called SPS on XX/XX/XXXX to confirm if all docs were received. They advised missing 2 docs. I sent in the docs on XX/XX/XXXX and confirmed receipt on XX/XX/XXXXthat they were pending review. I calledXX/XX/XXXXand they said they need to do another value and wanted a 3PA for the listing agent. Even though the bank does not have a LEGAL right to speak with the listing agent since there is a legal council. Nonetheless, I sent in the 3PA on XX/XX/XXXX while we waited on the value. The value was completed onXX/XX/XXXX, I called XX/XX/XXXX and the value was still pending results. I called SPSXX/XX/XXXX and they said that the value is in at $ XXXX. They said I would have a decision in 14 business days. On XX/XX/XXXX I called for an update - they have issues with docs being ported in from XXXX and we finally cleared that up. She said I would have a decision in 5 business days. I called again XX/XX/XXXX and was told still no update - but to call on Monday. I called againXX/XX/XXXX and was told there were no updates but that they should have a decision by EOB XX/XX/XXXX. I called XX/XX/XXXX since I had not seen an approval and then they start saying there are two separate buyers. There are NOT two separate buyers - the previous buyer they are looking at is from the XXXX documents that THEY uploaded. I clarified and sent an e-mail to the Ombudsman department. I calledXX/XX/XXXX and went through the exact same conversation - they are unsure who the buyer is. They clarified ( AGAIN ) and said I 'd have an update by EOB XX/XX/XXXX. I received a voicemail from Ombudsman onXX/XX/XXXX telling me there was no update. I called again on XX/XX/XXXX and was told that as ofXX/XX/XXXX the package was complete. The file is now pending approval and would be 30 days for a decision. I called SPS on XX/XX/XXXX and they are telling me the seller signed in the wrong column on the SSA. I sent in the revised document on XX/XX/XXXX I called SPS on XX/XX/XXXX and was advised the doc was still wrong. It clearly shows the purchaser signed where it says purchaser and seller signed where it says seller. They were going to escalate. I spoke with Ombudsman and she said that she would escalate the issue and have an update for me on FridayXX/XX/XXXX. I have now spent over an hour on the phone with Ombudsman - they originally told me the same thing - that the doc is signed in the wrong place. I resent the e-mail fromXX/XX/XXXXand she said she would put me on hold and review. She disconnected the call after 30 minutes and no resolution. I called back and spoke with Ombudsman again and she can see that the document IS CORRECT. She will open an escalation and someone will review this document in 3-5 business days. I am arguing that the file has been complete for some time and their internal errors should not reset the allowed 30 day review period. Additionally, since this file has been escalated NUMEROUS times we should not have to wait 3-5 business days. Lastly, once the 3-5 business days has passed THEN they will want to wait another 30 days to make a decision. My offer is {$20000.00}. The value is {$20000.00}. All docs are in - what is the issue? Every single SPS file is worked with such carelessness and sloppiness.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 483XX
Submitted Via: Web
Date Sent: 2017-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My Name is XXXX XXXX and I had a Mortgage that was paid 13 years ago with a company called Select Portfolio Servicing old loan # XXXX Once a mortgage is paid off, the company had a duty and obligation to record the mortgage as satisfied with the county. About 3 months ago, it was discovered that the company did not properly record the satisfaction of mortgage with the county. Select Portfolio Servicing Inc recorded the satisfaction with the wrong instrument number, therefore not acceptable to the current title company to issue title. I was delayed from conducting the real estate transaction for the last 60 days. The new title company pulled a copy of the original mortgage and the satisfaction instrument and it was clearly recorded incorrectly. All was presented in a nice clean file to the Select Portfolio Servicing Inc 80 days ago. To this day, there is no resolution on this case. When you call in, you have to explain yourself over and over again. I just get the run around. I made 47 phone calls and have spent over 6 hours on the phone. They keep on blaming this issue on their reconveyance department. I need to sell this house ASAP. Please help me
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 088XX
Submitted Via: Web
Date Sent: 2017-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-14
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have tried many time to resolve this problem with Select Portfolio Servicing. First off I can not seem to figure out if they are a collection agency or a Lender. They seem to pose as both. My issues with them date back almost XXXX or XXXX yrs, with faulty accounting and excessive fees. Recently I was offered a plan to catch up on my payments. I feel way behind while trying to work out a modification plan with them. They delayed this process extensively causing me to get to a point that I fell behind and could not catch up with the payments. The plan consists of 12 monthly payments of over XXXX with a balloon payment at the end of over XXXX. My question to them has been as always what exactly is the money going towards. With the monthly payments I need to know what is going towards principle, what is going towards fees and other excessive charges they have tacked onto my mortgage. They say the principle for the loan is {>= $1,000,000} yet on my lat statement they showed me owing {$270000.00}. Much of this excessive fees for things I do n't even know about and am not sure I should be paying. I need to know what is what so I know I am actually paying this down and not being taken for a ride. I 'm in deep enough and need to pay this off correctly. I request a full breakdown of all fees, changes for foreclosure processing fees and lawyer fees and whatever else was involved in the many time that have tried foreclosing on me for the wrong reasons. I need to know every financial aspect of this account and have a detailed accounting of everything. I have also many times requested a Principle Reduction from Select Portfolio. I feel I am the perfect candidate at this point for such a program. Yet they continuously deny my request even though they were given funding for such programs.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2017-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX Debt Collector : SELECT PORTFOLIO SERVICING INC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX ATTN : LEGAL DEPARMENT cc : Federal Trade Commission XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Re : Acct No. Select Portfolio Servicing Acc # XXXX XXXX XXXX XXXX AS TRUSTEE ( XXXX XXXX XXXX ) Acc # XXXX XXXX XXXX XXXX XXXX XXXX MIN # XXXX Note Date : XX/XX/XXXX NOTICE OF VERIFICATION DEBT or MORTGAGE DEBT PAID This letter is a formal request under Fair Debt Collection Practices Act ( FDCPA ) to XXXX XXXX XXXX AS TRUSTEE to disclose the following information regarding the loan account # XXXX : 1. Identify XXXX XXXX XXXX TRUSTEE headquarter and agents 2. Default date of Mortgage 3. Proof that the Statute of Limitations has not expired Your office failed to disclosed information of this debt validation letter since XX/XX/XXXX. This account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect or foreclose on the said Mortgage must be ceased. Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt/mortgage against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX XXXX Email : XXXXXXXXXXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A