Date Received: 2017-07-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage was sold by XXXX XXXX and Select Portfolio Servicing had my loan. From before they had my loan they assessed a late charge in XX/XX/XXXX. Not only did I not pay late but they did not get my loan until XX/XX/XXXX. According to XXXX XXXX 's own loan information my payment was received on the XX/XX/XXXX. And like I said I paid XXXX XXXX as I was supposed to until XX/XX/XXXX. I had to call and have the late fee removed but my question is, why was one assessed on a loan they did not even have yet? Also over thirty thousand dollars was added to my mortgage balance and would appear and disappear throughout the 6 months they had my loan. No one could explain this 34,000.00 dollar plus amount that was added. I was so disturbed about it I started looking to refi my loan. In XX/XX/XXXX yet another set of late fees were charged, when even their own paper work shows my payment was paid on time. I am including copies of bank statements showing that all of the payments cleared my bank on or before the XX/XX/XXXX which was all on time. Payments were not late until the XX/XX/XXXX. This company is so scary. They not only assess late charges on payments that are n't late but added over thirty four thousand dollars to my loan on a whim! I have since refied, paying thousands of dollars and raising my payments XXXX per month just to get away from them. This company should not be allowed to conduct business anymore. If you XXXX the name of this company you will see hundreds and hundreds of complaints. Rated a 1star on many sites.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 327XX
Submitted Via: Web
Date Sent: 2017-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: During the Country recession I was unable to work many hours and my income was reduced and I was unable to comply with all my financial responsibilities. I got behind on my mortgage already like 50 months. I requested assistance at a Non-profit agency XXXX XXXX XXXX on XX/XX/XXXX. My Counselor XXXX XXXX XXXX recommended to continue making my mortgage payments however the lender did not received payments my counselor explained that usually after 3 months some of the lenders do not accept payments instead they accepted total amount due with late fees or attorney fees is the loan incurred on a foreclosure process. My counselor then submitted a loan modification application on XX/XX/XXXX thru the Loan Portal then on XX/XX/XXXX received a message via Loan portal about the Denied for the HAMP program. My Housing Counselor submitted an appeal letter since then the Select Portfolio Servicing , Inc. ( SPS ) Started to ask different documentation all the time from different people sometimes the same documentation over. During this process at the end of XX/XX/XXXX they approved me by phone for a trial payment plan and I authorized them to take the money directly for my checking account I then realized that they stopped to take the payments and they I called and they told me that the loan was under review for loan modification and. Then I contact my Counselor he called and talked to SPS representative and as told that I stopped making the trial payment 's. How I was able to stop them if they were taking money from my checking account and I never call to cancel the payments they stopped getting the payments. We started the process again submitting applications and documentation over and over. Then on one of my employers paystub do not show the year today income this issue was a request from SPS on some of their letters ( attached one ) they stated that if ca n't provide the year today income borrower can send bank statements or a letter from my employer stating the ready today incomes. For several months this was the issue I have provided ban k statements, Pay stubs from my 2 employers, letters and statements from my employer showing the year today income. SPS denied the modification again after they kept requesting the same information over and over. On XX/XX/XXXX my Housing Counselor recommended to contact XXXX XXXX XXXX XXXX I did however I did not qualify for their services because my income exceeds of their income eligibility. My counselor contacted them and stated the same because my income I was not able to qualify for their services. However they were able to give my counselor a print out with the calculations and according with those calculations I qualify for the HAMP tier 2 ( Attached a copy ) I then asked my Counselor to submit the Water Fall calculation to proving that I qualify for a HAMP tier 2. Counselor submitted the documentation and also submitted update bank statements and pay stubs and the same thing happened again SPS started to ask same documentation over again finally my Counselor was told to submit a verification of employment to prove my year to date income. More documentation provided and they denied again stating that I do not have enough income to keep paying my mortgage, before I was denied because the amount own was too much. I decided to write and submit an appeal letter to SPS and CC to Metro Fair Housing and the Georgia Department of Law Consumer protection Unit. They replied I attached their letter as well. I believe that SPS have been taking long time to get an approval first because they upset that I get behind too much time I having letting them know that I 'm aware of my debt with them and I want to pay. I also let them know that I have some money I have been saving for any payments affront that they may require. I also believe that they are taking on me because I submitted a complain to the Customer Protection Unit and to the Metro Fair Housing. As I explained to them my wife XXXX XXXX last year on XX/XX/XXXX she left with the worry of us losing our home. I hope they can give us the opportunity to keep our home I want to have the opportunity to keep proving a roof for my family ids why I have been working so hard in two jobs. I do have the income to continue paying my mortgage. Please let me know if you have any questions you can contact me at XXXX or my Housing Counselor XXXX XXXX XXXX at XXXX or XXXX. I requested my housing counselor with his notes better explain my case with SPS. Attached also Housing Counselor notes. Thank you and I will appreciate any assistance you can provide. I have received a letter stating the foreclosure Date on XX/XX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30096
Submitted Via: Web
Date Sent: 2017-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Please consider this correspondence to be formal notice that our mutual client is hereby submitting a complaint regarding the denial of loan modification because your company failed to evaluate this borrower for all loss mitigation options available in violation of Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( i ). The lender was provided a loss mitt package to review on XX/XX/XXXX - was advised this was never received - the package was re-submitted on XX/XX/2017 - was advised that our QWR and NOE was received on XX/XX/XXXX and was under review. The lender has advised that they will not postpone the sale for the research of the loan to be completed and will not review the file for a loan modification - the information was received in more than enough time for a decision to be made on the loan for the assistance being requested.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2017-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: To whom it may concern, I have been going through so much XXXX due to my home being in foreclosure. I have made several attempts to be approved for a modification and they dont want to provide me with home retention options. This has been going on for three years, and they have not offered me in this time a workout plan, not even a repayment plan. I keep falling further behind, and the debt keeps growing. In the last denial they stated the following " after careful review of your account, we find that there are no home retention loss mitigation options for which you are approved '' they keep offering me to do a short sale or a deed in lieu. Last year I was hoping to get approved for a HAMP modification but that did not happen, they kept saying that the investor keeps denying loss mitigation options based on a business decision. They also keep saying my income is not enough. My gross income is almost {$7000.00} and it has been like this for years, I have a big surplus at the end of the each month, so I am saving money. I have an arm loan with a 7 % rate, and my mortgage payment was almost $ 3k. I fell behind due to loss of job, but I have found a very stable job. It frustrates me because I have enough income coming in to be able to make my mortgage payment, and pay my other expenses. I dont even pay for a car, I finished paying it and I only pay for insurance. I want them to see that I have enough to pay my mortgage, and of course an affordable mortgage payment. Ive spoken with friends that have SPS as their mortgage company, and two got modified already and they have a lower income than me, how can this be? Does SPS want me to be earning {$10000.00} a month to get approved? I believe that even if I earned this much they will still deny me. I believe that almost {$7000.00} a month is good income for a high school dropout, and I have been very responsible with my money, even created a budget. I just want a fair opportunity, and for the investor to consider me for home retention options. I recently submitted an application, and I have to submit some missing documents so I dont get a sale date. I would also like for SPS or the investor to provide a more detailed response on why they cant provide home retention options " based on business decision ''. It is not fair that there are so many modification programs out there, and they dont want to approve me for anything. I will provide any necessary documents that they request, I need help I have my children at home and i have invested so much.
Thank you, XXXX XXXXCompany Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60639
Submitted Via: Web
Date Sent: 2017-07-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX, Select Portfolio Servicing ( SPS ) inc. based in XXXX XXXX XXXX, Utah took over my mortgage from XXXX. I have three specific complaints against SPS.
( 1 ). During this acquisition, I had a home insurance recovery fund with XXXX. XXXX already paid two installments of the insurance recovery fund and did necessary inspection to pay the 3rd & final installment of the fund ( approx 13K ). Since the takeover, SPS is giving me run around and as of yet did not release the final installment of my recovery fund. After 9 months of pursuance, SPS finally did an inspection and now saying they have to verify some info with XXXX and froze my fund!! This situation is holding finishing my house work costing me additional living expenses. I am living out of home because I can not complete the restoration work without the insurance recovery money and SPS has already delayed 1 year. SPS is causing me immense hardship and disrupting my personal, social and married life. ( 2. ) During the acquisition, my principal balance with XXXX as of XX/XX/XXXX was $ XXXX whereas SPS is showing $ XXXX as my principal balance. After repeated requests to correct this, SPS is not correcting the amount. I have statement from XXXX showing it was XXXX during the acquisition. ( 3. ) My previous home insurance company dropped me in early XX/XX/XXXX due to hurricane reduction. I got a new home insurance and all documents were sent to SPS via fax and U.S. mail on XX/XX/XXXX. SPS as of today did not pay the premiums to the home insurance company and the new company is about to drop me. Basically, SPS is playing a foul game and causing me serious financial hardship. My social and married life is at jeopardy for the same reason. I did not choose SPS and I have no role in their acquisition of my mortgage. They are holding my last and final installment and not letting me finish the house work. I am paying my mortgage regularly but I am out of that home for more than 1 year because of SPS.Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33570
Submitted Via: Web
Date Sent: 2017-07-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hello my name is XXXX XXXX . This is my story related to the loan for the house.Fuor years ago i did loan modification with XXXX XXXX XXXX . Six months later loan been transfer to a Select Portfolio Cervicing Inc.From last year i have a another company XXXX XXXX XXXX XXXX .That company trying to selling my house on act ion two times.First time in last year, and second time couple of months ago.I 'm going to present a paper wor k wich is showing the new owners of the house after the action selling. This is a big crime for me and my family, because from this time we live in under a XXXX . No one is informe officially with leather the house is going to be selling on auction. I 'm current with my mortgage payment and I do n't see the reason my house to be sell on action. I am so confused and I need to help how to get out from this situation. Thank you so much and I provide you my phone number to contact with me XXXX XXXX XXXX .
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34232
Submitted Via: Web
Date Sent: 2017-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-04
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I XXXX XXXX XXXX am in receipt of your communication dated XX/XX/XXXX. Under the above heading FDCPA and FOIA, I am once again exercising my unalienable right to challenge the validity of your alleged claim against the estate of XXXX XXXX XXXX disputing its authenticity pursuant to 15 U.S.C. 1692g ( b ) ( c ). l. Please provide proof of claim, of the first funds transfer pursuant to O.C.G.A. l l 4A-l 04, which identifies the originator of the first funds transfer, the sender of the first payment order that funded the alleged loan. 2. Please provide proof of claim, as to whom was the " issuer '' of the instrument of the first delivery, the maker, the drawer giving rights of the instrument pursuant to O.C.GA J 1-3-105 ( a ) to whom you allege as having the right to enforce the alleged obligation. 3. Please provide positive and affirmative proof of claim of the chain of custody with proper endorsements that gives you authority to make demands upon me.
Below is another letter that I will attach with this XXXXommunication Re : CFBP ID:XXXX Dear CFPB, I am disputing Select Portfolio Servicing ( SPS ) response based on their and XXXX XXXX ( Attorney for Debt Collectors ) refusal to fully verify the alleged debt. I have sent various QWR 's and verification of debt requests to them and they have not provided the key proof of claim elements requested. Additionally, the verification requires SPS and XXXX XXXX XXXX to provide evidence ( contract ) that they are working on behalf of XXXX Bank XXXX. After completing extensive research into the mortgage loan situation conducted by my legal research team, they have identified evidence of mortgage fraud, fraudulent assignments, chain of title issues, FDCPA, TILA, RESPA and a variety of other regulatory violations. SPS obtained the servicing rights from XXXX XXXX XXXX XXXX XXXX debt that was predicated on massive fraud that originated from the XXXX XXXX Loans situation. My loan was initiated in XX/XX/XXXX from XXXX and was part of the pool of home mortgages that were securtized into Residential Mortgage-Backed Securities ( RMBS ). As a result, there was massive fraud and range of lending violations that negatively impacted the United States housing market that caused a collapse. Homeowners and the investors throughout the United States basically were damaged in the process and the Department of Justice ( DOJ ) sued XXXX XXXX XXXX for financial fraud on a variety of levels. In XX/XX/XXXX, XXXX XXXX XXXX ( XXXX ) sold bad debt and servicing rights to SPS with both parties knowing that the old XXXX debt that originated between XX/XX/XXXX-XX/XX/XXXX was predicated on fraudulent transactions and lending violations. I repeatedly asked both XXXX XXXX XXXX and SPS to verify my alleged debt multiple times and they consistently provided conflicting information or lack of to this point. BOA ended up settling the law suit for XXXX XXXX dollars with the DOJ and acknowledged their fraudulent conduct. There is massive fraud involved with my loan including chain of tittle issues, New York Trust violations, fraudulent assignments and a range of other lending violations. SPS has never satisfied the proof of claim and I will present the evidence compiled by my legal team in the next ( 30-45 ) days. In summary, SPS is trying to illegally defraud my family out of our property as a third party debt collector that lacks standing and the ability to verify the debt. They were aware of XXXX and XXXX past conduct and the debt that they purchased in XX/XX/XXXX. I have attached with this dispute the debt verification request and default notices that I sent to SPS and XXXX XXXX. Additionally, I will be litigating against all parties that are associated with this fraudulent matter unless the attempted debt collection is resolved. The following transcript below summarizes the XXXX situation : XXXX XXXX XXXX and the banks it bought securitized billions of dollars of defective mortgages, said Acting Inspector General XXXX XXXX XXXX of the FHFA-OIG. Investors, including XXXX XXXX and XXXX XXXX, suffered enormous losses by purchasing RMBS from XXXX XXXX XXXX, XXXX and XXXX XXXX not knowing about those defects. Todays settlement is a significant, but by no means final step by FHFA-OIG and its law enforcement partners to hold accountable those who committed acts of fraud and deceit. Todays settlement attests to the fact that fraud pervaded every level of the RMBS industry, including purportedly prime securities, which formed the basis of our filed complaint, said U.S. Attorney XXXX XXXX XXXX for the XXXX District of North Carolina. Even reputable institutions like XXXX XXXX XXXX caved to the pernicious forces of greed and cut corners, putting profits ahead of their customers. Best Regards, XXXX XXXXCompany Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30214
Submitted Via: Web
Date Sent: 2017-07-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The First mortgage on my home is held by ClearSpring Loan # XXXX in the amount of {$210000.00} Contact number XXXX The Second mortgage - Select Portfolio Servicing Loan # XXXX This is a Equity Line of Credit Refuse to work with me they are not the first mortgage.
They say that I owe {$520000.00} I say I do not according to the documents that I have. Select Portfolio Servicing would not allow me to give a loan modification package of any kind for review for the Equity Line of Credit and the payments go up every month. They sent me a repayment plan for {$6700.00} never requested any financials or documents from me. When I did not accept the payment plan with a balloon payment at the end of {$470000.00} they put me into foreclosure with a pending sale date of XXXX XXXX, 2017 at XXXX XXXX. The foreclosure document Notice of sale states : Supreme Court County of XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee, on behalf of the Certificationholders of XXXX XXXX XXXX XXXX [ XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX, Plaintiff against XXXX XXXX XXXX, Defendant ( s )Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11725
Submitted Via: Web
Date Sent: 2017-07-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Im very upset at Select Portfolio Servicing. They have been jumping me around for a very long time now with my loan modification. I can not get a loan modification without them threatening me with a foreclosure sale date. I right now have sale for home on XXXX XXXX, 2017 at XXXX I still to this day can not get a loan modification they always denying my loan modification. Please help me with this. I am out of options I do not know what else to do for them to stop the sale and give me a loan modification. Please help me please I need someone to talk to about this. I have sent them all documents for packet of loan modification. They are violating my Home Owner Bill of Rights and I need the sale stopped imminently for my modification to go through. This is way too long over two years now and I can not get an offer.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95630
Submitted Via: Web
Date Sent: 2017-07-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We are filing this complaint against SPS Servicing for the following reasons and actions : Dual tracking Failure to comply with CFPB regulations regarding : o Appeal rights and processing o Offering all available options for which the homeowner was eligible My husband and I requested a loan modification. We promptly complied with all requests for information including repeated requests for the same information. XXXX XXXX, 2017 We received an offer for a loan modification described as HAMP Tier 1 Trial Modification. The letter describing the modification offer said we were not considered for some other options because SPS found that qualified for that option. I believe we qualify for the loan modification option that includes forgiveness of part of the principle and extending the life of the loan which was referred to as HAMP Tier 2 Trial Modification. What caused us additional concern that we not offered all the options that we are entitled to is there was an option that we did not qualify for and the loan modification offer letter clearly states that. So if we were considered for the HAMP Tier 2 Trial Modification and found to not be eligible for it, why did they not state that instead of stating we werent offered that option because we were eligible for a different option? It also appeared to us that they were attempting to force us to buy insurance from their insurer as we believed the cost of the insurance was more than what normally pay. Included in the offer letter was notification of our right to appeal. ( Copy of loan modification offer letter attached ) XXXX XXXX, 2017 We XXXX a written appeal to them XX/XX/XXXX and it was received by SPS XX/XX/XXXX. The appeal listed and requested among other things proof that we were evaluated for all the modification options for which we are eligible at entitled by law, clarification on the costs of insurance included in the escrow and asking for confirmation that the insurer prices were those of our insurer, disputing their valuation price and method and other items which we were outlined in a letter with was attached to a copy of the loan modification offer documentation. Please note that we indicated that we did want a loan modification but requested all the information entitled to us by law. ( Complete appeal letter with proof of delivery attached ) XXXX XXXX, 2017 We received a letter from SPS dated XX/XX/XXXX stating they had received our inquiry but not referencing it as an appeal, they did not respond definitively to any of the requests outlined in the letter most specifically our question about whether we were eligible for the loan option that included principle forgiveness called the HAMP Tier 2 Trial Modification stating they considered all options but we unable to provide any details on that process which we believe means they did not seriously evaluate us for that option or providing details would have been the best response and may have allowed the trial modification they offered to commence. Further, the letter stated that they offered us the best option but their responsibility by law is to inform of the options we are eligible for. And makes the determination best option? And who is it best for who us or them? Arent they supposed to inform us and/or explain all the options that we are eligible for? That did not happen. Further, they then stated that in order for them to consider our appeal, we had to make the trial modification payments. That is a contradiction in terms. If I am appealing the terms and amount of contract, I cant honor it by making payments because that very act signifies acceptance of the terms and conditions. That letter also included notification of our right to appeal this information which we did. Please note that the XX/XX/XXXXletter did not mention our appeal but instead referenced an inquiry, did not state that the letter was any form of response or decision in regards to the appeal. Additionally, please note that to date, we have not received a decision in regards to our appeal. ( Copy of letter attached ) XXXX XXXX, 2017 We XXXX a 2nd appeal, reiterating our original requests and grounds for appeal which SPS had not responded to. The package was received XXXX XXXX 2017. ( 2nd appeal and proof of delivery attached ) XXXX XXXX 2017 We received a letter from SPS saying our loan modification offer had been withdrawn. That is in violation of the law which says that we are entitled access to all of the loss mitigation options for which we eligible including loan modification under the best program we were eligible and the right to appeal which we were currently engaged in. Please note that to date, we have not received an answer to our question as to whether we were eligible for options other than the one we were offered. XXXX 2017 We found a notice on our door that our property was up for Trustees sale. To date : We have not received a response our appeal, no notice of denial or no correspondence addressing any of the grounds for appeal. XXXX XXXX, 2017 at XXXX XXXX I spoke on the telephone with XXXX XXXX where we discussed the situation with our property. I informed him that to date we were never informed about the decision regarding appeal, had never receive any information in writing from SPS referencing our appeal most specifically we had never been informed that our appeal had been denied before beginning foreclosure activities which I believe is directly against CFPB regulations regarding fair and honest dealing with homeowners. His response was that the appeal had been denied and when I asked him on what grounds, he informed me that our appeal was not received with the 30 days permitted for response. While on the telephone he confirmed that we had not been mailed an appeal denial letter and offered to mail it that day. I informed him that the grounds of the appeal were not correct as I had proof that we our appeal was submitted in a timely manner and well within the 30 days allowed. The loan modification offer letter was dated XX/XX/XXXX and our appeal was received by SPS XX/XX/XXXX, proof of receipt is attached. The terms of the appeal state that foreclosure activities are suspended pending the appeal and since the appeal was still pending, the listing of home for sale is not allowed. By failing to inform us of an appeal decision, we were denied us the ability to pursue other options in timely basis which leads us to believe were being dual tracked.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92020
Submitted Via: Web
Date Sent: 2017-07-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A