Date Received: 2017-06-19
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Hello, This loan was first started with XXXX XXXX from the third month forward XXXX XXXX has been reporting a late payment XX/XX/XXXX. Another payment under dispute is XX/XX/XXXX this payment wasnt provided, and the dispute with the banks as follows ; in the month of XXXX XXXX XXXX received a mortgage payment of XXXX on the XXXX, and on the XX/XX/XXXX. XXXX payment was part of a 13-month year payment program that wasnt completed. These payments have been challenged on many occasions with XXXX XXXX, and the next service provider Select Portfolio Services ( SPS ).
Im asking the servicer to count from the date that the loan began to the present date, if you agree that the proof presented in the bank record is authentic for the month of XX/XX/XXXX then I believe that I can find this mystery third payment that SPS is claiming. XXXX XXXX on payment review ( XX/XX/XXXX ) created a new payment XXXX based on the missing payment of XXXX ( XX/XX/XXXX ) this new payment includes the XX/XX/XXXX payment with interest, and fees based on the thought that XXXX XXXX didnt receive it. In addition, this third payment that XXXX created has never been substantiated with a date! We have records proofing each payment provided to either XXXX XXXX or SPS. This concerns me when asked about documentation, some of the information on this matter sent to me doesnt look authentic? If the service provider would take the time to count the payments made on the loan they would find all payments to date, and that number is 66 payments. Now, I have requested the dates of all the missed payments. I have received missed payments of up to five from SPS within the past year and now have received a letter owning three payments behind. This miss information is being propagated to all the credit bureaus for the past 5 years driving our credit into HELL! XX/XX/XXXX XXXX XXXX sold my Mortgage to Select Portfolio Servicing ( SPS ). XXXX XXXX stating 3 payments behind on the mortgage and thats where it stands today! Again, I strongly believe that this information, the XXXX document arent accessible to SPS. Thus, the inaccuracy with their reporting. Events to keep in mind ; Year XXXX withXX/XX/XXXX payment 12 payment are verified ; Year XXXX XXXX XXXX created an additional payment to include interest and fees on the principal mortgage amount to cover the XXXX payment ; Year XXXX additional payment was made in XXXX ; Year XXXX without the XXXX payment 12 payments are verified ; XXXX XXXX sold Mortgage to service provider ; Year XXXX no payments missed 12 payments are verified ; Year XXXX no payments missed 12 payments are verified ; Year XXXX no payments missed 12 payments are verified ; Year XXXX no payments missed 6 payments are verified ; In red you see the 3 outstanding payment dates, in green you see that the payments arent outstanding! 66 payments are verified to date. With the proof of the payment in XX/XX/XXXX the created payment in XX/XX/XXXX was done based on miss information thus neither unpaid balance exists, and the XX/XX/XXXX is negated by the additional payment in XXXX of the same year.Company Response: Company believes it acted appropriately as authorized by contract or law
State: DC
Zip: 20002
Submitted Via: Web
Date Sent: 2017-06-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: A loan modification review was conducted and the lender did not provide a compliant reason to deny the homeowner the option to pay back their debt. They didnt list who the investor is and why they are not required to modify the loan. They did not provide the specific reasons as to why the investor does not have to comply to RESPA guidelines.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 21122
Submitted Via: Web
Date Sent: 2017-06-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-19
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: On XXXX XXXX , XXXX I contacted XXXX XXXX XXXX XXXX regarding the removal of my current mortgage serviced by Select Portfolio Servicing from my credit file. I spoke with a representative whom advised that XXXX had received an " Electronic Communication '' from Se lect Portfolio Servicing to remove the item from their credit reporting. I spoke with Select Portfolio Servicing on the same day XXXX XXXX , XXXX , and they advised that they had not sent any communication to XXXX regarding my account and it still should be reporting as usual. Select Portfolio Servicing faxed me a copy of the information that had been reported earlier in XXXX to XXXX f or reporting. Due to XXXX XXXX XXXX XXXX removing my mortgage from my credit file, my credit score has dropped from XXXX to XXXX .
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 27407
Submitted Via: Web
Date Sent: 2017-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-06
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I checked debt collector on this because this is what this company represents them selves as. I am writing ab out Select Portfolio Servicing LLC. I was given a payoff plan to payback an amount I owe in arrears on my mortgage by Select Portfolio Servicing. It is a plan of 12 payme nts of XXXX dollars with a balloon payment at the end of XXXX .
On the XX/XX/XXXX they received a dispute letter from me as to the amount owed as well as a request for the breakdown of all the numbers. I wanted to be clear as to how they came to these amounts before I pay them. I called today to check on it. The payment plan was to start on the XX/XX/XXXX with the first payment of XXXX . I have not heard anything about my dispute letter or my request yet. The first thing they tell me is that my account has been referred to a lawyer. It 's not even past the expiration date of the agreement yet. So why are we referring things to a lawyer. Also I have n't gotten an answer as to my dispute on the debt yet and it 's almos t 30 bus iness days since the request. This company seems very intent on foreclosing on me rather than working with me. I have much distrust in their accounting due to having dealt with them on this issue for over 8 years. I have many times requested that we do a Principle reduction on the amount owed but they tell me they ca n't. Companies like them received millions of dollars during the housing crisis to do exactly that and they refuse to help. Claiming the investors in the trust would not approve that kind of action. I am not even sure if they can legally collect on my trust seeing as though they give me no direct connections as to who makes the actual decisions. It 's all very shady. I have also may times asked for them to send me a copy of the Pooling and Servicing ag reement that they have to service this loan, it is public record, they refuse to send me a copy. So I would like to see the breakdown on this Agreement that they have sent me. I want to know how much goes to fees, what those fees are, how much goes to principle and what would be the remaining amount of the mortgage will be after this plan has been completed. I need all that in writing before I would even feel comfortable paying this.Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2017-06-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage was tranferred to a different servicer around XXXX 2017 . A mysterious {$100.00} fee appeared on my statement. I contacted the servicer and they claimed it came from the prior servicer and they would fix it. I contacted the servicer again, after the same mysterious fee appeared on the next statement. It 's XXXX . The fee was on my XXXX statement. So, I contacted the new servicer again. They told the same tell about the fee coming from the prior servicer only this time they claimed that I had never contacted them before. This servicer is trying to collect {$100.00} dollar appraisal fee and I 've never been late paying my mortgage. Its a swindel.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AL
Zip: 366XX
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Since XX/XX/XXXX, my fiancee and I made application for Mortgage Assistance due to financial hardship. We were affected by the Crash of XX/XX/XXXX, as we are both XXXX. I am a XXXX XXXX XXXX, and my fiancee was in XXXX XXXX, both commission-based income. Our original mortgage was with XXXX XXXX and then switched over to XXXX XXXX. The first application for mortgage assistance was in XX/XX/XXXX. We continued making application since each time, we were told that the " owner '' had certain criteria that needed to be met and we were denied. At one point, the " owner '' or " noteholder '' was XXXX, then XXXX XXXX, and now with XXXX XXXX, a division of XXXX XXXX XXXX XXXX, XXXX. We were denied four times, despite our continued efforts to seek financial aid. In fact, I have 2 full banker boxes of every piece of correspondence, with no resolve whatsoever. Sometime in XX/XX/XXXX, I was notified that Select Portfolio Servicing was now the mortgage servicer and payments were to be submitted to them. I was informed that XXXX was transferring our application for Mortgage Assistance and to be assured that Select Portfolio would have all the paperwork. My fiancee had to file bankruptcy and did so in XX/XX/XXXX. Had we received the assistance we were hoping for with XXXX, we would have never been put in this position. XX/XX/XXXX approached and we were asked to complete an updated Application for Mortgage Assistance ( 5th application ), along with all the other information provided in the past as well as the updated information, i.e., P & L 's, Tax returns, bank statements, etc. This was submitted on XX/XX/XXXX. Went back and forth with more documentation, i.e. proof of residency since we use a P.O. Box address, proof of utilities, and whatever else would come up. We finally received a lien modification agreement in XX/XX/XXXX which reduced our payments by a mere {$3.00} per month. In addition, the modification included escrow of taxes and insurance and extended the term of our loan 17 more years to XX/XX/XXXX, with no reduction of interest whatsoever. I made a request that they waive the escrow of taxes and insurance since we were these items separately. It would have helped by reducing our monthly payments to {$2700.00} per month rather than the {$3400.00} - {$3.00} per month. I was instructed that I would be required to sign the Lien Modification Agreement first before they would consider waiving escrow of taxes and insurance. We were advised by legal counsel not to sign with no guaranty of the escrow of taxes and insurance being waived and felt we were being coerced into signing such an Agreement, which is a binding contract. Againwe applied for mortgage assistance on XX/XX/XXXX ( 6th application ), and showed my fiancee as having no income. Again, requests for documentation continued and I complied. On XX/XX/XXXX, offering congratulations and informing us that we were qualified for a HAMP Tier 2 Trial Modification. It states that this program is intended to help avoid foreclosure or other legal action. After reviewing the terms and conditions, the so-called loan modification is not helpful in anyway whatsoever, which falls under the Tier 2 Modification at 6 % My current interest rate is 5.75 %. The calculations for the monthly payments are reduced to {$130.00} per month. And, I would be paying .25 % more interest so that my taxes and insurance are in escrow, which shows a shortage of escrow at {$24.00}. Deduct that amount from the {$130.00} per month and my payments are now reduced to a super savings of {$100.00} per month. The HAMP Tier 1 Modification is at 2.12500 %, which would greatly reduce my monthly payment. The banks would rather continue to collect the nearly {$30000.00} per year interest since we have done everything to keep up with the payments. I am now currently 3 months behind. Interest rates have been at their lowest since the crash of XX/XX/XXXX. Just going back to XX/XX/XXXX, are the figures that tell it like it is that only benefit the banks and not the homeowner suffering the hardship. Interest Paid Principal Paid XX/XX/XXXX {$31000.00} {$10000.00} XX/XX/XXXX {$30000.00} {$11000.00} XX/XX/XXXX {$29000.00} {$11000.00} XX/XX/XXXX {$29000.00} {$12000.00} TOTAL {$120000.00} {$45000.00} Select Portfolio Servicing states they are committed to offer assistance to customers who are experiencing temporary or permanent hardship. I do not agree with this whatsoever and feel they are acting fraudulently and not at all willing to reduce our payments. As stated, this process has been going on for nearly 8 years, while the bank continues to collect the high rate of interest and make themselves rich. Eight Years of submitting documentation and this is all they have to offer!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 286XX
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hello, We are the XXXX working on trying to do a short sale on this house. We have been attempting to do this now with Select Portfolio Servicing ( SPS ) for almost 3 years. Most recently, we had an approved short sale at $ XXXX and the buyer walked in XX/XX/XXXX due to the condition of the house. We put the house back on the market and got a full price offer on X/31/2017. However, and this is the complaint being filed, SPS claims that they have 30 days to verify a file from the last time a document is put in the file, but they are twisting the verbiage of the rules that the CFPB put in place. The 30 day clause is so that they will provide a timely answer when sellers are trying to do a workout option, but SPS twists it around and says that each time there is ANY new document in the file they get an additional 30 days. In this case here, they had a complete packet on X/XX/2017 and the buyer came up to their new value of $ XXXX and I confirmed on a recorded conversation that the file was complete and that we would have an answer by X/X/2017. However, when there was no answer by the XX/XX/XXXXI called SPS daily and finally on theXX/XX/XXXX they told me that the packet was now complete and we would have an answer by XX/XX/XXXX. The ONLY change was one item on the HUD they did not approve and we changed it and sent it back in. They can not take another 30 days just because there was one item changed on the HUD. If every time there is one little change they want an extra 30 days to review the file then everything will be expired and they will NEVER get anything accomplished.
Specifically, I am formally demanding that an investigation be started in their business practices regarding short sales. After reading the rules by the CFPB it is clear to me that servicing companies are supposed to review documents in a timely manner and then give a decision within 30 or give a written reason why they can not. The 30 day rule was not put in place to give negotiators at the servicing companies extra time to delay the process. As an authorized third party we can not speak to their underwriting department and it is impossible to escalate a file with SPS. In this case, the buyer, based on the recorded conversation with their representative XXXX XXXX on XX/XX/XXXX, went ahead with her loan process and gave notice that she was moving. Now, if we can not close by the end of XXXX she will not have a home to live in because she was relying on information from SPS. Further, when I explained that I have a recorded conversation with their representative stating that we would have an answer by XX/XX/XXXX, I was simply told that she should not have stated that. Well, if I go into a XXXX - XXXX store and the clerk tells me that sodas are on sale for {$.00} then they are liable to sell me the soda for that price and the same principle applies here.Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 85233
Submitted Via: Web
Date Sent: 2017-06-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XXXX I filed a claim with the insurance company ( XXXX XXXX XXXX XXXX ) which handled the insurance for Select Portfolio Services Inc . the funds for the damages where sent to SPS Inc.and my name., seance XXXX XXXX , I have tried to SPS realize the funds to fix the dueling but as today is been a run a round., I have spoken to the loss draft department with XXXX XXXX to this number XXXX she has requested contracts, inspections etc. all has been done but she does not realize the funds to fix the house., Claim # XXXX Loan # XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33186
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-03
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: A complaint ( see attached ) was filed reflecting US Bank NA Successor Trustee to XXXX XXXX XXXX XXXX Successor In Interest to XXXX XXXX XXXX as Trustee on behalf of the Holders of the XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX XXXX on a LOST Note and Mortgage relating to XXXX XXXX and XXXX XXXX XXXX XXXX , XXXX , FL XXXX . The complaint was allegedly verified by XXXX XXXX XXXX XXXX as its attorney in fact ; however, in complete contradiction, attached to the Complaint is a Limited Power of Attorney ( see attached ) reflecting that XXXX XXXX XXXX XXXX ONLY has certain limited rights as to the Trustee XXXX XXXX XXXX XXXX ( see page XXXX of Limited Power of attorney attached ) relating to the XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX XXXX and NO WHERE does it mention that US Bank is the Trustee and no where has XXXX XXXX XXXX XXXX provided evidence that it could file and verify a complaint on behalf of US Bank NA and not XXXX XXXX XXXX XXXX . However, NO WHERE is there any evidence re XXXX XXXX XXXX XXXX rights either as a Trustee regarding the XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX XXXX . The complaint is on a LOST Note that has been lost since XXXX based on a complaint in XXXX and transfer of a Lost Note would not have been possible and there is no evidence that XXXX XXXX XXXX XXXX represents the interests of US Bank NA re XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX XXXX . XXXX XXXX XXXX XXXX is committing fraud upon the court with misrepresentations and does so blatantly by making claims for US Bank NA as trustee of the above mentioned trust while attached documents reflect a completely other entity as trustee. Moreover, the attached limited power of attorney is not done by US Bank nor XXXX XXXX XXXX XXXX yet by another entity and thus not authorized to represent any Trustee of a Trust without the Trustee 's authorization from the beneficiaries of the Trust. XXXX XXXX XXXX Bank can not authorize XXXX XXXX XXXX to represent interests of a Trust unless the beneficiaries of the Trust have authorized this representation but especially can not authorize another entity re XXXX XXXX XXXX XXXX as Trustee and then Select Portfolio Servicing bring an action on behalf of another Trustee such as US Bank NA. This is fraud upon the court by using false and inconsistent documents and documents that were never authorized by the beneficiaries of the XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX XXXX . Fraudulent statement apparently are being committed by XXXX XXXX XXXX XXXX as allegedly an agent for XXXX XXXX XXXX XXXX and/or US Bank NA and/or XXXX XXXX XXXX XXXX All of this fraud is done is addition to the violations of the bankruptcy discharge Orders and laws and debt collection harassment tactics to XXXX XXXX whereby XXXX XXXX XXXX XXXX allegedly as attorney in fact for XXXX XXXX XXXX trustee obtained a court order for money payments from XXXX XXXX pursuant to the alleged Lost Note and Mortgage and requiring her to make payments despite the bankruptcy discharge of the alleged subject Note in the XXXX XXXX XXXX Florida bankruptcy XXXX .
See attachments whereby the complaint by US Bank as Trustee of the subject Trustee is inconsistent with the attached limited power of attorney re the subject trust which reflects XXXX XXXX XXXX XXXX as trustee not US Bank NA.Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33186
Submitted Via: Web
Date Sent: 2017-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-12
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: To SELECT PORTFOLIO SERVICING INC Attn : LEGAL DEPARTMENT XXXX XXXX XXXX XXXX XXXX XXXX XXXX , UT XXXX cc : Federal Trade Commission Office of Inspector General " Room XXXX XXXX XXXX XXXX ., XXXX XXXX , DC XXXX Ref. : Select Portfolio Servicing Acc # XXXX NOTICE TO DISCLOSED DEFAULD DATE AND PROOF THAT STATUS OF LIMITATION HAS NOT EXPIRED This letter is a formal request under Fair Debt Collection Practices Act ( FDCPA ) to SELECT PORTFOLIO SERVICING ( SPS ) to disclose the following information regarding the loan account # XXXX : 1.- Default date of Loan 2.- Proof that status of Limitation has not expire 3.- XXXX XXXX XXXX as Trustee 's Headquarter address and agents, all information, but no limited.
On XX/XX/XXXX in response to Violation of Statute of Limitation, XXXX said Consumer Financial Protection Bureau that it has conferred with SPS and SPS does not agree that the Statute of Limitations for this debt ( account ) has expired, but failed to state the Default Date. Select Portfolio Service Inc. has failed and refused to provide the above information since XXXX . Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX , Fl XXXX ( XXXX ) XXXXCompany Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A