Date Received: 2017-07-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: CONSUMER PROTECTION COMPLAINT : XXXX XXXX XXXX I am writing this complaint because I do not know what else to do.can someone please help! Recent events in my life such as the XXXX of my mother ( buried her XXXX XXXX ) ; the accidental XXXX of my brother ( buried him XXXX XXXX ) and now the threat of the loss of our home and/or being homeless, the mortgage company sent letters to inform me we owe {$16000.00} escrow payment and a balloon payment of {$240000.00}, which leaves me completely in shock. I share this home with my daughter, who pays 92 % of the mortgage, and I am a senior over XXXX trying to survive on my social security benefits. A year ago there was not even a hint that we would be faced this type demand. I called a few weeks ago requesting an explanation why this is happening but I have not received an explanation. Please, please, please can someone help us because I do not believe I can survive another major loss? Our mortgage payments are presently current ; however, we do not have the type of money this mortgage company is asking us to pay. More than a year ago the mortgage denied our request for a loan modification. It is extremely disturbing to try to understand why the mortgage company is being so aggressive now. We requested this mortgage modification because of the pending increases from 2 % to 4.6 % in our mortgage. My fixed income from Social Security is {$940.00} per month ; my primary caregiver is my daughter and her only source of income is her work salary of {$2900.00} net monthly income. Since that time our mortgage payments increased from {$1800.00} to {$2000.00} in XXXX increasing now to over {$2900.00}. Now with our mortgage payments increasing by {$1000.00} a month ; we will not be able to pay for our other house expenses ; utilities, gas, auto insurance, food, clothing, prescriptions, medical bills, student loan and other miscellaneous necessities. Because of the mortgage increase, there has been an extreme hardship and threatens the possible loss of our home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90278
Submitted Via: Web
Date Sent: 2017-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This is a long story that started with a Ch. XXXX BK in XXXX. BK ended in XXXX XXXX. My original mortgage was in XXXX just before collapse of real estate market with XXXX. The mortgage moved to XXXX, then to XXXX XXXX XXXX XXXX, then a shady secret account called XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Then to a collection agency : SPS ( Select Portfolio Services ) and now since XXXX XXXX with XXXX, but XXXX still holds the deed. the 2 later are collectors, not really mortgage companies, and are constantly trying to toss me out despite being not only fully paid but have paid too much. When XXXX transferred it to XXXX XXXX XXXX they didnt give them a full accounting, so I ended up in BK trustee court which proved I was paid in full with a court order. In XXXX. Yet, after BK was over and SPS took over they kept claiming I owed anywhere from $ XXXX to $ XXXX in unpaid mortgages they couldnt quite get their numbers straightXXXX morning XXXX they called at XXXX XXXX telling me they were going to foreclose on my home. Lovely XXXX gift.. ruining my XXXX. in XXXX, they started cashing my checks electronically from XXXX XXXX which somehow, I never got credit for, so when XXXX took over in XXXX XXXX, they claimed I owed XXXX K approximately. Even though according to my records I had paid almost {$3000.00} too much that I wanted to go towards principal. I sent them all payment slips and proof from bank statements, but in a phone call they said " we do n't care '' ... ... Despite my complaints and massive letters with bank records they threatened me so bad I paid it in XXXX of XXXX. I do not get ANY statements but have continued to pay monthly mortgage payments, yet today I got another letter stating I owe over {$7000.00} since XXXX ... I called an they claim my mortgage went from {$1400.00} to {$3000.00} in XXXX due to flexible rates ... even though mine has been the same more or less for years, give or take a few hundred dollars.. They claim they sent me letters to this fact which they did n't ... I get lots of letters claiming to default on my condo but none with any amounts in it ... I have never received a proper statement. Every check I pay with, I write on it : " I still did n't get a statement '' If I had of seen such a letter I would put up quite a stink. I am getting so tired of this. Its a cartel of corruption. I have sent so many letters, called and gotten disgusting people on the phone ... claiming they dont care what I say, dont care about my bank statements ... this has to end. I have recorded conversations. I am being abused and cant afford an attorney. I want my XXXX K back or at least applied to principal. During XXXX i did n't even get a XXXX Tax form credit of mortgage interest payments to use against my taxes ...
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 902XX
Submitted Via: Web
Date Sent: 2017-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Select Portfolio Servicing ( SPS ) has continued to not resolve the dispute that had led to the filing of complaint numbers XXXX , XXXX , XXXX and XXXX against SPS and XXXX and XXXX against XXXX with the CFPB. None of the complaints have been resolved. In each of SPSs letters responding to my complaints, they do not adequately answer any of the questions that I have asked. They have not provided any evidence that the mortgage originator and mortgage broker were licensed in Hawaii at the time I received my mortgage. If they were not, then the mortgage is void and unenforceable, a precedent set by a Hawaii Supreme Court decision in XXXX . They have not provided any evidence that the foreclosure proceedings, if filed, have been converted from a non-judicial foreclosure to a judicial foreclosure as they claim. They have not investigated my claims of an agreement I had with XXXX prior to SPS taking over the servicing of the mortgage, that are detailed on recordings that XXXX owns. SPS states that XXXX does not have any evidence of the agreement. The agreement is stated on the recordings and without hearing the recordings, which is the evidence XXXX is suppressing, then my complaints will continue until XXXX and SPS comply. SPS continues to mislead the CFPB by stating that they have tried to reach me by telephone but fail to acknowledge that I have returned their phone calls when they leave messages. I reviewed my caller ID this morning and found more recent phone calls from SPS were made but there werent any messages left on my voice mail. This is another deception by SPS to attempt to deceive the CFPB into thinking that I am unreachable and do not return phone calls. If a voice message was left I have always returned the call. I can not see caller ID when I access messages from a remote location. If a voice message was not left I have no knowledge of the call. SPS continues to state in their correspondence that they are committed to helping people retain their homes. I have given them every opportunity to honor the XXXX agreement, which is listed in all of my CBPB complaints. Once they honor the agreement I will gladly resume my payments. They also must fix my credit report because I would have resumed my payments as agreed in XX/XX/XXXX if the agreement I had with XX/XX/XXXX was honored at that time. As stated in previous complaints, I am continuing to get punished by negative reports on my credit report because I do not have another option to defend myself in this dispute. As previously stated numerous times over the last few years, I can resume my payments at any time, but SPS can still foreclose and will continue to designate XX/XX/XXXX -day late notices on my credit reports. Also, SPS and XX/XX/XXXX do not have offices in Hawaii so I can not subpoena the recordings. I am confident that if a foreclosure is filed, and the mortgage is not void and unenforceable, that the Judge will order the recordings I have continually requested, delivered to the court. I have made every effort to keep a foreclosure from proceeding but SPSs continuing refusal to demand XX/XX/XXXX turn over the recordings, and their repeated statements that the matter has been resolved has led to these drastic actions.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: HI
Zip: 967XX
Submitted Via: Web
Date Sent: 2017-07-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan was sold on XX/XX/XXXX from XXXX XXXX to Select Portfolio Servicing. I received a letter in early XXXX from XXXX that my escrow account was short {$540.00}. In this letter from XXXX , they documented in writing that I had two options. I could have my payment increased to {$900.00} or I could pay the shortage by XX/XX/XXXX XXXX XXXX , 2017 and my payments would be at {$860.00}. This has happened to me over the years and I have always opted to pay the escrow shortage in full rather than increase my payment. So, I sent XXXX the check for {$540.00} on XXXX XXXX , 2017 . Well, XXXX sold my loan to Select Portfolio Servicing on XXXX XXXX , 2017 which I was not aware of until XXXX XXXX , 2017 as I received a letter from Select Portfolio Servicing dated XXXX XXXX , 2017, t wo d ays before the mortgage due date. I recently found out last week that XXXX XXXX sent my escrow shortage check back to me because the loan was sold. Now, Select Portfolio Servicing will not correct the payment amount. I have been on the phone with them three times in the last 24 hours and other times earlier in the month to get information to correct this problem. They informed me to go ahead and make my payment on line and pay the shortage. But the online system wo n't let me do that. The on-line system will only take the full payment of {$900.00} which is the wrong amount. So I call again and the representative offers to take it over the phone. I give him the bank routing number and my account number to deduct from my checking account and he says the routing number is not right. I have had this account for years and I am reading the number right off the check and I read it to him at least 5 times and still he tells me it 's not correct. Next, the then tells me to go back online and try it again. I do, and the system wo n't take my payment. I call back again, and another representative says he can take both the correct payment of {$860.00} and the escrow shortage of {$540.00}. I am relieved to know I finally have someone who can process a simple payment and escrow shortage. Then, he tells me I have to pay {$15.00} to process the payments and I said " No, this is your issue, not mine and I should not have to go through all this stress and anxiety to make a payment. Especially since I have paid my mortgage on time for the last 10 years and I have never had to pay any fees of any kind. '' After numerous calls and attempts to make this payment and the escrow payment, I am now late on my mortgage and I am extremely upset with both XXXX for returning my check without even contacting me and wit h Select Portfolio Serving for finding numerous ways not to accept my mortgage payment and my escrow shortage payment. This is completely abusive and I have been in the banking/mortgage banking industry for 30 years and there is no way the routing number was wrong and they are lying to get a late fee out of me. The online system took the routing number the first time when I typed it in. It should also be noted that I sen t Select Portfolio Servicing the documentation from XXXX to prove my payment is {$860.00} and proof of the escrow shortage of {$540.00} along with the proof of my options.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95403
Submitted Via: Web
Date Sent: 2017-07-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: To Whom It May Concern : This is in reference to your letter dated XXXX XXXX , 2017 regarding an alleged shortage or deficiency in the escrow account related to your mortgage. Please be advised that we do not have an escrow account with Select Portfolio Servicing ( SPS ) or any account for which we have any contracted responsibility with SPS. This letter also disputes and denies that SPS is the mortgage servicer for any account related to our mortgage. SPS is a known sub-servicer / vendor acting on its own and for its own benefit and profit. This letter further disputes and denies that the account number referenced has any relevance or relationship to any mortgage legally authorized by the parties named in your correspondence. This letter also disputes and denies that the parties named in your correspondence are any parties who authorized any documents or actions in which SPS attempts to enforce in any manner. Yours truly, XXXX XXXX Encl : Copy of letter from SPS
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 105XX
Submitted Via: Web
Date Sent: 2017-07-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing continues to violate my Fair Debt Collection Practice Act by submitting false information to Credit Reporting Agencies. SPS has not removed false degoratory comments on my credit report. These wrongful comments have adversely affected my credit worthiness and hampered my chances of acquiring new credit.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11413
Submitted Via: Web
Date Sent: 2017-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: See attached Cease and Desist # 1 letter which I sent on XX/XX/XXXX . As of today, we have not yet received sufficient response to this letter. Also on XX/XX/XXXX , I called SPS and spoke to XXXX , OPERATOR XXXX and informed her that XXXX XXXX is disputing the debt and requested for all the collateral file, including but not limited to ( completely filled out and signed documents ) Truth in Lending, HUD-1, Good Faith Estimate, XXXX typed and handwritten, XXXX Milestone Report, Loan Transaction History since origination, XX/XX/XXXX to present, XXXX XXXX since XXXX to present and more. See attached letters of my conversation and list of documents.
I called again on XX/XX/XXXX following up on my request and wanted to be sure that they were also including Truth-In-Lending, HUD-1. I also wanted some information about the Substitution of Trustee recorded on XX/XX/XXXX . We were already questioning the validity of this in addition to the Assignment of Deed of Trust. There were too many irregularities and we needed time and the information, documents requested to review and hoping to answer a lot of our questions. Especially with regards to SPS validating the debt. XXXX XXXX filed for Bankruptcy and his credit reports does not reflect full details of his loan with XXXX XXXX XXXX , XXXX and other questionable issues.Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92083
Submitted Via: Web
Date Sent: 2017-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Since XX/XX/XXXX I have been trying to fix this approval letter I need XXXX XXXX to be REMOVED and KEEP XXXX XXXX XXXX AND XXXX XXXX XXXX XXXX XXXX . I have been requesting this several times and everytime I call they say it is ready and I get the old letter. Please have a supervisor look at this. The buyer is refuse with me and the seller.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60048
Submitted Via: Web
Date Sent: 2017-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This is the second Cease and Desist letter that I have sent to Select Portfolio Services and XXXX XXXX XXXX ( a fraudulently substituted trustee ) attempting to foreclose on a Deed of Trust recorded on XXXX XXXX , 2007. Both are acting in concert and with the help of a fraudulent and robo-signed Assignment of Deed of Trust executed and recorded at the XXXX XXXX XXXX XXXX by XXXX XXXX XXXX who is not a party to my Adjustable Rate Note and my Deed of Trust. XXXX I have also sent a Qualified Written Request and they turn around proceed with the TRUSTEE SALE without appropriately responding to my QWR and Cease and Desist Letter. XXXX I have disputed the validity of the debt, the Assignment of Deed of Trust and the Substitution of Trustee.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92083
Submitted Via: Web
Date Sent: 2017-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I got behind in my mortgage due to a XXXX. I was dealing with XXXX XXXX XXXX at this time. I missed a lot of work and could not get caught up. I notified them they told me I would be hearing from them through there loss mitigation department. In XX/XX/XXXXI had another XXXX that went terribly wrong. I went to the hospital they told me they were going to take out my XXXX XXXX when I woke up after the XXXX I was in XXXX with XXXX all over me and a XXXX in my XXXX as XXXX as my XXXX. My parents told me that I XXXX on the table and they brought me back. This took me over six months to recover. During that time I was only receiving XXXX XXXX XXXX which was XXXX a week. In XX/XX/XXXX I had another XXXX due to myXX/XX/XXXX it was to fix the XXXX it caused. I once again was on XXXX XXXX XXXX. All this time I was keeping in contact with XXXX XXXX XXXX and they told me again someone would be calling me. In XX/XX/XXXX my account was sold to XXXX they tried to foreclose on me in XX/XX/XXXX. It was dismissed in court. However I received no notice that my account was back to active. InXX/XX/XXXX I had another XXXX this was to fix the XXXX that was coming apart in XX/XX/XXXX and repair the XXXX again. I only had a XXXX XXXX chance of surviving the XXXX. I was out of work for eight months were I received XXXX and XXXX XXXX XXXX. In XX/XX/XXXXI had another XXXX to XXXX my XXXX XXXX this XXXX ended my job at XXXX. Because not long after recovering from this XXXX I developed another XXXX. All the doctors and XXXX said I will not survive anymore XXXX. In XX/XX/XXXXXXXX tried to foreclose on me again. That Is when I hired XXXX XXXX. He went to court for me and told me after that I won my house. So I began paying him XXXX a month until I paid him off. I have not missed a payment since. In XX/XX/XXXXHe told me there was a new law allowing big banks to reopen these cases and foreclose again. So in XX/XX/XXXX we had a date to appear in court. XXXX decided to get rid of there attorneys and hire another firm which pushed my case toXX/XX/XXXX. InXX/XX/XXXX I was told after the hearing by my attorney that it was and I Quote a WIN WIN WIN. Then I found out I had to go to mediation. The reason I could not attend that hearing was due to the doctors finding XXXX in my XXXX and I was having a procedure to remove it that day I thought I would have enough time to do both but due to the degree of the procedure it ran longer than they anticipated. So my attorney said I misunderstood him and that we had to go to mediation with XXXX. We went there and it was a complete waste of time and money because they were not willing to mediate in any way. Now in XX/XX/XXXX I have been subpoena for trial. To foreclose on me again. I won my XXXX XXXX XXXX Hearing in XX/XX/XXXXwhich is dated back to XX/XX/XXXX. When XXXX XXXX told me I won my house in XX/XX/XXXX it was a great relief because I was able to focus all my attention on my health. Everyday I am in pain due to the multiple XXXX I have now. There is nothing anyone can due about them so I have to learn to live in pain. I was doing pretty good until XXXX inXX/XX/XXXXstarted this all over again. I think after not having enough information to foreclose on me the first time should be a win in my favor.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32707
Submitted Via: Web
Date Sent: 2017-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A