Date Received: 2017-09-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am paying on a mortgage for my personal residence located at XXXX XXXX XXXX, XXXX, CA XXXX. I purchased the home in XX/XX/XXXX and it was financed by XXXX XXXX XXXX. The initial loan was an interest only 5 % fixed 40 year loan. The loan was interest only for the first 10 years, after which it would convert to a 30 year fixed rate note at 5 % until paid off in XX/XX/XXXX. I have made all mortgage payments on time since I have owned the home. XXXX XXXX XXXX sold the mortgage in XX/XX/XXXX. Please refer to the attached Mortgage Servicing Timeline. The loan has been sold five times since XXXX XXXX XXXX originally owned it. Although I have made all of my payments on time to the servicer I believed to be the correct one, one payment has gone missing. I believe this occurred sometime between XX/XX/XXXX and XX/XX/XXXX. I am honestly not sure which of these companies has my money -- -I want it back. The current servicer, Select Portfolio Servicing stated to me on the telephone that they would be responsible for recovery of the missing funds and return them to me if I could help identify the culprit. I assumed at the time this would include seeing that corrections to credit bureau scores would be made. One of their representative s told me he believed the evidence indicated there was a missing payment, but he was unwilling to give a letter to that effect. So far none of these commitments have been kept by Select Portfolio Servicing. It appears they believe that I am one month behind in my mortgage and my credit score is a miserable XXXX. It should be somewhere close to XXXX. I can provide bank statements for my XXXX XXXX credit union account for relevant months if necessary. The CFPB has my permission to view any relevant documents necessary to get this corrected. The loan recently converted to a fully amortized 30 year fixed rate loan. As a result the payment has increased and I am now chipping away at the principal. Please help me get this corrected, I am not sleeping very well
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Started the short sale process on XXXX/XXXX/XXXX and sent to the bank on XXXX/XXXX/XXXX XXXX Bank confirmed package and broker price opinion was requested by bank on XXXX/XXXX/XXXX, XXXX Broker price opinion was completed today XXXX Bank asked for the agent to do another broker price opinion this was completed and sent in on XXXX XXXX XXXX bank stated they now want the buyer or seller to pay for and order an appraisal at the cost of {$400.00} I was also informed that the first Broker price opinion came in at XXXX, the next Broker price opinion came in at XXXX, I also sent in 6 comparables to the bank. XXXX XXXX seller agreed to pay for an order a licensed appraisal to dispute the first broker price opinion that has no license. XXXX The appraisal came in at $ XXXX, the offer amount is for $ XXXX XXXX/XXXX/XXXX Bank stated they would consider an offer at XXXX Leaving the seller no resource except to have to go through the foreclosure process.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 611XX
Submitted Via: Web
Date Sent: 2017-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We had submitted numerous applications for a loan modification 's on behalf of this family over the course of the last 2+ years. I will start by referencing the one sent back in XX/XX/XXXX and the gross income at that time the borrowers made was $ XXXX.they were denied due to SPS stating that the borrower made too much income at the time. We resubmitted the application then in XXXX XXXX and SPS had denied the borrower again stating they did not make enough income, their calculations stated that the income at that time was {$4700.00} Then there was another application sent over to SPS in XXXX and the income SPS is stating was {$6700.00}. And now they are stating that the payment is affordable and less than 31 % so again they denied the application and this was the last submission was decisioned on XXXX XXXX XXXX Also, please be aware that in the last denial letter, it states that the homeowner has HOA due in the amount of {$50.00}. a month, there is no HOA dues! This is not a coop or condominium ; this is a single family residence home. That alone is a reason for a complete investigation of this review. Here are my calculations : {$410000.00}. X 3 % x 40 yrs= {$1400.00} HOI {$260.00} Taxes {$480.00} New speculated payment {$2200.00} Ratio would be 33 % which is completely within the guidelines set up by the bank for an approval for a loan modification! In the denial letter, they are stating that the payment is less than 31 %, the new speculated payment would be 33 %. We appealed this denial, they denied the appeal, they also had the house in an REO status, while the house was still not foreclosed upon but still owned by the borrower. The bank had sent a real estate agent to the property who had advised the borrowers that the home was already sold and that they needed to start preparing to vacate the property. The borrowers are not well. This entire process has stressed them out and made there illnesses worse. Also, whenever the bank filed a motion, they have been submitted them addressed to the borrowers children and NOT to them directly and the borrowers Son suffers from XXXX XXXX and this has taken him over the edge. The errors go on and on and on ... All we want is for the bank to offer these borrowers a loan modification, they have showed affordability over and over and over again. The investor does do loan modification, they just keep stating that they make too little or too much income. As you can see by this statement. The bank attorney also followed up with us after every week for two months after the appeal was submitted this last submission. They kept stating that they were following up with their client, and would say there was no decision as of yet. Then the bank attorney changed. Once it changed and I stated that it does not take months to get an appeal reviewed, and that if they do not come up with a decision soon, I am going to file a formal complaint, they stated that the appeal was denied back in XXXX and that a letter was sent to the borrower. This was NOT the case, the borrower never received any denial letter and why would the bank attorney be following up with us, the attorney representing the borrower stating that they are waiting for decision?? I have been doing this work since XXXX and I have never seen as many errors as I have seen with this file. We have proof of all of the reviews and all of the errors.
Company Response: Company believes complaint is the result of an isolated error
State: NY
Zip: 11757
Submitted Via: Web
Date Sent: 2017-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: on XXXX XXXX, XXXX my mortgage was sold to SPS select portfolio services from XXXX my monthly payment was {$570.00} at that time which I had a loan modification with XXXX which is not being honored by SPS, now in XXXX XXXX, 2017 monthly payment is {$1200.00} I have called them 3 times trying to figure out why is my payment so high with no decent answers on XXXX XXXX, XXXX XXXX and XXXX XXXX I have reported them to texas attorney general also and I have not heard from them. I want to know if I could sue them, the reason I have not got a lawyer is because I m on social security XXXX income barley making ends meet with this new payment. I have looked up this company SPS on the internet and found out that they are well known for there predatory practices that a lot of there customers would love to sue them.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 79912
Submitted Via: Web
Date Sent: 2017-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX/XXXX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OR. XXXX XXXX Regarding Select Portfolio Servicing XXXX XXXX XXXX UT SPS ACC # XXXX Modification : On XXXX XXXX XXXX at XXXX XXXX I entered into a meeting with SPS in XXXX OR, to attend a meeting for modification. At this time, I was accompanied by an advocate from XXXX. In the meeting attended was an attorney representing SPS and by phone a lady at SPS in charge. The meeting was held by XXXX I guess I will call him the mediator. The lady on the phone conducting the meeting went over the payment plan for a modification and told me what to expect. I asked about the interest rate and she quoted me the fed rate of approx. 2 %. I was asked how much I could afford and my reply was as always the same as what my mortgage was before {$1200.00} to {$1200.00} per month. SPS stated they thought that was feasible if they could get the lower fed rate at approx. 2 %. At the end of the meeting a new meeting was scheduled by SPS for XXXX XXXX XXXX at XXXX. Everyone in the meeting concurred this time and date would work for them. Details of the lien on the property : Balance of mortgage is approx., $ XXXX. SPS has included on top of the debt late charges, missed payments etc. This amount is somewhere around $ 380K. Current interest rate 5.9. On or about the second week of XXXX XXXX I receive a letter stating the trial modification payment would be approx. {$1400.00} for three payments. Nothing else was included. No interest rate or other details. Towards the end of the month I receive a call from SPS asking if I was going to make those payments. I explained to them I wanted to know more about the interest rate and pay off etc. I explained to that person on the phone that I have another meeting scheduled on XXXX/XXXX/XXXX and will wait until then. On XXXX XXXX XXXX at XXXX I arrived with my wife to this meeting. XXXX the mediator was present. My advocate from XXXX was not. XXXX said he just spoke to her by phone and she would not be present. XXXX said she would be available by phone and I should give her a call. I did so and the call went to voice mail. I left her a message to give me a call right back. I waited approx, ten minutes and tried to call her again. No answer and went to voice mail again. The mediator said the attorney was running late but would be here in a few minutes. I explained to XXXX that I had another appointment doctor and would have to leave shortly. XXXX stated he must wait or give 30 minutes for each party to arrive according to the rules. I asked XXXX to call the SPS attorney to see if we could reschedule the meeting. He did so. XXXX called the attorney. Attorney said he was just a few minutes away. So we waited. I again asked XXXX about my advocate not being here or available by phone. XXXX stated she doesnt have to be here. The attorney finally arrived 30 minutes late and the meeting started. The reprehensive for SPS was contacted by phone to start meeting. Again I asked if we could re schedule the meeting because of my other appointment. They said no. So I briefly told my side of the story about the interest rate and lower payments. They said that was off the table now. Their attorney asked what were the payments and I asked for a break down. The lady on the phone said the payments were fourteen hundred and some dollars. There would be an escrow payment included of {$410.00}. The attorney asked if this was a onetime payment for escrow or was it on top of the payment. The lady on the phone said it was a onetime payment. They told me if I wanted to move forward with a modification or try to I would have to call SPS. The attorney provided me with a phone number and contact at SPS. Meeting was over. The next day I contacted SPS. I contacted my case manager. I asked them what were the details of the trial modification because it was not outlined in the letter I received. She said there were options at this point. But didnt think I would receive the same offer. I explained to her about the {$1200.00} per month. She said I was so far upside down at this point and didnt think I would receive a payment of {$1200.00}. So she added up all the late fees and etc. Said that the lien on the property was over {$400000.00} now. She went on to say that I should walk away from the property. I said to her that I did a trail modification in XXXX. After I completed the trail I was not offered a permanent modification. Instead I was offered another trial modification that increased by {$400.00}. And there was no way I could do that. And for the next few years I kept having to fill out new applications with financial records, tax returns, XXXX, etc. I must have filled out over a dozen of these applications. She said a new offer will be sent. End of call. So yesterday I sent an email to XXXX XXXX mediation case manager. She advised me to contact you. So sense XXXX I have been filling for a modification. In my eyes if I was awarded a modification soon after the recession I would not have been so far behind and this dollar amount would not be so high. In addition, if this new modification was explained in more detail and I was offered the interest rate as offered I would have taken it. And if my advocate was present during the meeting perhaps she could have helped me. However, I had to deal with this all on my own. I also was not granted to reschedule the meeting as requested. In addition, I spoke to my accountant. My accountant said I should request to see the tax returns from the lien holder for the past eight years. Because the loss in late fees, taxs, etc. was surely taken on tax returns. If so any amount included beyond the original mortgage or lien was taken as a loss. If so why is SPS asking for approx. {$180.00} K on top of the original lien. Complaint I have is as follows. I was not granted another meeting due to their attorney running late and my advocate was not present. The other issue is that in the first meeting the lady on the phone for SPS said a onetime payment of {$400.00} for escrow and when I called SPS on the XXXX XXXX, XXXX that lady said escrow is included on each payment every month. Plus no details were provided such as interest rate, an exact payment would not be offered until the trial period was complete. And why would I have to complete another trial modification when I already completed on in XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OR
Zip: 97302
Submitted Via: Web
Date Sent: 2017-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: 1.Refinanced into an XXXX rate loan through XXXX XXXX in XXXX XXXX. That went to XXXX XXXX then to XXXX which was becoming XXXX. 2. Was current on payments for 2 years but in XXXX XXXX had a hardship and called XXXX explaining the payment would be late. Was told that to be considered for " borrower 's assistance '' I would have to default for 3 months but they would call me back. 3. Did n't hear back from XXXX so made a payment in XXXX XXXX. Then was told to default for 3 months and to contact a HUD counselor. Both were done. 4. Received a trial mod agreement from XXXX. Complied with agreement, mailed the six required monthly payments on time and through XXXX. Copied and retained agreement, check stubs and receipts. 5. Made final trial mod payment on XXXX XXXX, XXXX and yet received a foreclosure notice on XXXX XXXX, XXXX which was handed to my daughter 's then visiting boyfriend. ( This was from XXXX, XXXX, XXXX representing XXXX XXXX XXXX, the supposed investor on the loan which had been securitized. ). The defendant list on the foreclosure summons included names of persons and institutions supposedly having a lien or interest in the property. None were true. 6. Received the returned cashier 's check ( the trial mod payment sent on XXXX XXXX, XXXX XXXX around XXXX XXXX, XXXX with a letter from XXXX stating " Check does not fully reinstate loan ''. So no permanent modification was made and no reason given. 7. Spoke with several XXXX reps as well as HUD and XXXX and was finally told to do a " deed in Lieu ''. 8. Instead of sending a deed in lieu packet, a short sale packet was sent to me ( by XXXX ) 9.About 1 year later, an offer was made on the property. XXXX made a counter offer which the buyer accepted. I was told by XXXX negotiator, XXXX XXXX, that it would take a few weeks to get everything set but that the sale was qualified under XXXX and I would receive {$3000.00} at closing. 10. SEVERAL MONTHS LATER, a new negotiator, XXXX XXXX, contacted my then realtor and and his attorney stating the sale would not take place unless I paid an additional {$40000.00} along with the short sale amount agreed to. I was told the reason for this was because XXXX took so long with the short sale process, that my PMI company closed out my account. I told XXXX XXXX I could not afford to pay an additional {$40000.00} to give my house away. ( I recorded this call ). This was XXXX XXXX, XXXX. 11. After many useless interactions with XXXX representatives, I hired XXXX XXXX XXXX, foreclosure XXXX XXXX in XXXX XXXX. I also had sent out multiple QWRs to XXXX, XXXX XXXX XXXX and the XXXX XXXX. 12. The supposed investor on the account was changed to XXXX XXXX in XXXX XXXX. XXXX had also hired another law firm, XXXX and XXXX, a larger more prestigious group than XXXX. 13. I received one answer to the many QWRs sent. It was a QWR I had sent to XXXX XXXX but was answered from XXXX XXXX of XXXX. It did not contain all of the documents I had requested. However, it did contain a copy of the original application from XXXX XXXX in which I found my income had been exaggerated by XXXX. ( I had given the loan originator, XXXX XXXX, my XXXX XXXX and current bank statements, and paystubs. There were documents stamped and signed by two notary publics that I had never met but they claimed to know me. The appraisal was from the XXXX fake short sale and not the XXXX appraisal in which the home was called a 3 bdrm when it was only a 2 bdrm. 14. I had been paying XXXX XXXX XXXX since XXXX until XXXX XXXX. I am still working with them. In XXXX, XXXX " transferred '' the servicing rights to " Selective Portfolio Servicing-XXXX '' and the case was transferred back to the XXXX 's attorneys. My attorneys suggested I do a consent foreclosure with XXXX and that I should probably leave the property. Which I did. However, I believed that XXXX still had the default on my credit report and would not be able to obtain another mortgage. I took early retirement from a very well paying job to obtain my pension and XXXX to pay cash for a manufactured home. I later found out that XXXX had removed the default so I took early retirement when I really did n't have to and could have obtained a loan to move into a decent home and continued to work until full retirement age. 15. XXXX then would not accept the consent foreclosure ( Illinois XXXX and my attorneys suggested I try another short sale. The house was sold the first day on the market with a cash offer. 16. On XXXX XXXX, a motion for summary judgement was approved by XXXX XXXX XXXX ( a new judge in the foreclosure field ). So there was already a contract on the house for a short sale and the motion did not contain any of the loss mitigation I had done with XXXX nor what was being done now with XXXX I also had the witness name on the affidavit investigated. The person who signed the affidavit, XXXX XXXX XXXX, stated he was a document specialist for XXXX and that everything was true in the motion. He has never worked for XXXX. I have recently made my attorneys aware of this fact. This is just one more example of fraud with this case. 17. The sale date for the property ( a property where I am still paying utilities and XXXX fees ) is now rescheduled for XXXX XXXX while XXXX continues to stall for a close date. They had a XXXX done in XXXX and now are doing another one. I know they will make the later one higher than the original. Their original XXXX was {$5000.00} less than the buyer offered. They continue to ask for items they do n't need, have said the realtors must take a 4.5 % commission rather than a 6 % commission and are now waiting something from mortgage insurance. I have told my attorneys that this is the same thing that happened with XXXX in XXXX. This property sold on XXXX XXXX and we are now in mid XXXX. I believe they are waiting for the buyer to walk away. 18. I also emailed XXXX XXXX securities department and have a response from them stating they are only the trustees of the trust ( certificate XXXX XXXX XXXX ) and make no decisions regarding short sales while XXXX continues to say everything is up to the investor - meaning XXXX XXXX. 19. I have been asking the servicers and investors since XXXX to see the original note and servicing agreement ( through QWRs ). I have yet to see either. At one point the XXXX attorneys, XXXX and XXXX claimed the original note was in their " vault '' yet they could never produce it. There is so much fraud associated with this case and I have documentation of everything. There are CFPB, FDCPA and RESPA violations committed by XXXX, XXXX, the XXXXr XXXX and the XXXX, XXXX XXXX. I have contacted the XXXX XXXX sheriff 's department with little help from them. I have also emailed XXXX XXXX 's office. Even the plaintiff in the case is wrong, They still have XXXX XXXXXXXX XXXX in the docket and it is supposedly XXXX XXXX I do n't think either has the mortgage. I would appreciate any help you could provide. THANK YOU!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60423
Submitted Via: Web
Date Sent: 2017-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX- Our mortgage loan was transferred from XXXXXXXX to Select Portfolio Servicing ( XXXX ). At XXXX, I had a simple interest loan with a fixed interest rate, and my loan was never modified at XXXX. My XXXX loan origination date was XX/XX/XXXX. During the early years of loan, I accrued unpaid interest called Deferred Interest which had to be paid in full with the unpaid principal balance in XXXX. In XXXX, I paid on the Deferred Interest bringing new balance to {$10000.00}. First Complaint. XXXX moved my Deferred Interest balance to Deferred Principal in an attempt to defraud me out of claiming the interest on my tax returns. I opened a dispute which they keep saying the need more time to fix or it is being reviewed. I can never speak directly to a Customer Advocacy person or the same person more than once. Second Complaint. After comparing my XX/XX/XXXX statement to my XX/XX/XXXX statement, I noticed XXXX reduced the Deferred Interest balance by {$9800.00} and added the amount to my Principal Balance so now I have to pay double interest on what used to be Deferred Interest. Third Complaint. My next due date was listed asXX/XX/XXXX. I made a full monthly payment on XXXX/XXXX/XXXX online at the XXXX website. After numerous calls, XXXX has yet to post my XXXX payment. I have tried to get them to apply theXX/XX/XXXX funds to my XXXX payment, but I keep getting all kinds of stories saying their Cashier is working on it and give it another 3-5 business days. Please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84040
Submitted Via: Web
Date Sent: 2017-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Based on our research, We have notice that we have numberous of violation pending against our previous mortgage loan company ( XXXX/XXXX XXXX XXXX ) at the time we refinance, which is Preditory lending, Truth n Lending, RESPA. However we later discover a alleged third party debt collector, who acting as a lender ( Select Portfolio Servicing ). We filled that the third party debt collector needs to be investigated more thoroughly and the reason for inflation and increase of the alleged third party debt. We also received numberous of Foreclosure attorney Mill/Substitute trustee letters ( XXXX XXXX XXXX ) in acting as debt collector on behalf of Select Portfolio Servicing ) in violation of FDPCA. We recent applied for the modification to avoid the foreclosure sale and we receive 2 notification letters, one letter stated that SPS receive the modification and that it was under review and they 30 days for response. the letter was dated XX/XX/XXXX. 2nd letter dated XX/XX/XXXX from SPS as well stating they going to start foreclosure proceeding within 20 business days, another letter was follow stating the loan was purchase by Foreclosure Mill ( XXXX XXXX ) at the foreclosure auction on XX/XX/XXXX, which is not a full 20 business days. I 'm legal XXXX and was sick at that particular time frame.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20748
Submitted Via: Web
Date Sent: 2017-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-08
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: This is a complaint filed under 15 U.S.C. 1681 ( FCRA ) for illegal re-aging and the unlawful reporting of information to all three credit reporting agencies by XXXX XXXX XXXX and Select Portfolio Inc., its Principals XXXX XXXX XXXX operating as a subsidiary of XXXX XXXX ( USA ), all pertaining to account # XXXX and # XXXX. 1 ) Whereas, we refinanced a mortgage loan with XXXX XXXX XXXX XXXX, on XX/XX/XXXX, which was then sold to XXXX XXXX XXXX, now XXXX XXXX XXXX by merger. 2 ) Whereas, on or before XX/XX/XXXX XXXX XXXX XXXX declared account # XXXX to be in default, and thereafter reported the DATE-OF-FIRST DEFAULT as XX/XX/XXXX. See proof of " DPFD '' at EXHIBIT-1 and -2, ( XX/XX/XXXX, XX/XX/XXXX credit reports at highlighted text ). 3 ) Whereas, on or before XX/XX/XXXX account # XXXX was charged-off and closed by XXXX XXXX XXXX. ( See proof of " ACCOUNT CLOSURE '' at EXHIBIT-1, at highlighted texts ) Also see EXHIBIT-3 which says, " UNPAID BALANCE CHARGED OFF '' and " Estimated month and year that this item will be removed : XX/XX/XXXX ''. 4 ) Whereas, on or before XX/XX/XXXX XXXX XXXX XXXX sold the charged-off and closed account to Select Portfolio Servicing Inc., ( See EXHIBIT-4 XXXX partial Credit Report ). 5 ) Upon selling the charged-off and closed account on XX/XX/XXXX, XXXX XXXX XXXX unlawfully re-opened account # XXXX after having been closed for 3 years and then reported it to the reporting agencies as if it was an open account that was recently closed just prior to the sale. 6 ) Whereas, Select Portfolio Inc. began, and still is reporting to all three credit reporting agencies under a new account # XXXX, completely disregarding the XX/XX/XXXX DATE-OF-FIRST DEFAULT. See proof at EXHIBIT-2 then see EXHIBIT-4 and -5 7 ) XXXX charged-off and closed the account and re-opened it 3 years later and sold it to SPS Inc. 8 ) 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 DOFD ( date of first delinquency ) determines how long a negative account can remain on a credit report. 9 ) Be advised that XXXX XXXX XXXX and Select Portfolio Inc., its Principals XXXX XXXX XXXX operating as a subsidiary of XXXX XXXX ( USA ), in direct violation of Fair Credit Reporting Act 623 ( a ) ( 1 ), your company knowingly and willfully reported inaccurate information to a consumer reporting agency in order to extend the reporting period of the above referenced account beyond its mandatory cutoff date of XX/XX/XXXX. 10 ) In response to my dispute of this FCRA violation, your company maliciously 'verified ' the fraudulent information to the consumer reporting agency as being correct in order to have it remain on my spouse and my credit report. I demand that this FCRA violation be corrected immediately on all three credit reports for myself and my spouse. 11 ) BE ADVISED, that no payment has been made under account # XXXX or account # XXXX since XX/XX/XXXX. As absolute proof according to XXXX XXXX XXXX, please see EXHIBIT-6 at highlighted text, ( XXXX XXXX, Customer Advocate, Office of the CEO and President, Service Request # XXXX ; Inquiry received date : XX/XX/XXXX -- Mailing date, XX/XX/XXXX. 12 ) In light of the proof submitted in exhibit-6 cited above ( letter from the office of the CEO and President ) of XXXX XXXXXXXX XXXX it is made clear that account # XXXX and the subsequent account # XXXX is time barred under Georgia law and since the supposed account is a '' Federally related account, this governmental agency should direct Select Portfolio Serving Inc. to COMPLY with Georgia Law and cease and desist any action underway or planned. 13 ) In Georgia, written contracts have a statute of limitations period of 6 years from the time in which the debt becomes due and payable and the period runs from the date of last payment ( OCGA 9-3-24 ). On the contrary an open account, implied promise or undertaking has a statute of limitation of only 4 years ( OCGA 9-3-25 ). See EXHIBIT-6 ( CEO & President declaration DATE OF LAST PAYMENT highlighted text ). 14 ) HOWEVER, Payment, unaccompanied by a writing acknowledging the debt, does not toll the statute ; the statutory period runs from the date of default, not the date of last payment. 15 ) WHERFORE, weather the alleged debt claimed by XXXX XXXX XXXX, Select Portfolio Servicing Inc., and its Principals where all claims pertaining to account # XXXX or account # XXXX IS TIME BARRED UNDER GEORGIA STATUTE.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2017-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: To Whom it may concern. I would like to add to my complaint XXXX from XX/XX/XXXX about Select Portfilio Servicing.. On XX/XX/XXXX this year XXXX sent a letter to the ohio dept of commerce they took XXXX out of my account because it belonged to another customer.. This is what happened I had a third party disability insurance which made payments for my mortgage which at that time went to XXXX then last yr XXXX sold my mortgage to XXXX,, The insurance company still made payments to XXXX and XXXX sent money to XXXX.. On XX/XX/XXXX of this year XXXX sent by XXXX XXXX a check in the amount XXXX, therefore that money should be put back into my account and apply it to my monthly payments. also i want a complete audit of my account with XXXX with a mistake like this there may be others, which may effect my account. I have written to XXXX research dept to get all the payments that they sent to XXXX. dates and amount. Once I have this paper work I will fax to you and fax to XXXX, and I will file a new complaint with the ohio dept of commerce, and to the us attorney general. I want to thank you again for your time and effort XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 44720
Submitted Via: Web
Date Sent: 2017-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A