Date Received: 2017-04-04
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I went though a divorce several years ago, my husband Quit claim deeded the martial residence to me. I 've forwarded financials and request for modification to the mortgage servicer serval times. My credit has been pulled numerous time as well, I still reside in the property. Select Port Folio has assigned my file to several relationship managers, no one with the mortgage company has completed the request for mortgage modification. I feel I 'm being given the run around. I was also recently informed I needed to attend a Hud homebuyer class. I 've owned several homes and I feel I 'm being harassed and decimated against. I want the mortgage company to please complete the modification request There is a pending property foreclosure sale date set for XX/XX/2017. Please HELP.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38017
Submitted Via: Web
Date Sent: 2017-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-04-03
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: UDAAP complaints related to servicing issues : 1 ) SPS failed to process automatic authorized ACH payments for which adequate funds were available each of the authorized payment dates. Their failure to properly process these payments has resulted in the mortgage holder initiating foreclosure action. SPS provided the letter dated XXXX XXXX, XXXX stating ACH payments may be established by returning a completed and signed form, along with a voided check. We returned the completed and signed 'Authorization for Withdrawal and Direct Payment Agreement ' form along with a voided check to SPS. SPS provided an acknowledgement that payments of {$3700.00} would be withdrawn from the account beginning with the XXXX XXXX payment. 2 ) The SPS Escrow Analysis document ( see Attachment C ) illustrated SPS paying real estate taxes one time during the year and collecting a two month escrow cushion. Collecting and maintaining an escrow cushion is a change in servicing practices from what was stated on our initial disclosures which ( see Attachment D ) with do not reflect such a cushion in the Truth in Lending Disclosure Number of Payments, the HUD-1 Reserves deposited with lender section, line XXXX or XXXX ; and the Good Faith Estimate of Settlement Charges To date the loan servicer had not collected an escrow cushion at any time since origination in XXXX and had historically paid the real estate taxes semi-annually. These changes by SPS resulted in SPS requiring either a one-time payment of {$6300.00} or a monthly payment increase of {$500.00}, from {$3700.00} to {$4200.00}. Had SPS chosen to make semi-annual payments, as had been the practice to date for XXXX, there would have been a surplus of {$440.00} rather than a shortfall ( see Exhibit XXXX below ) without the added 2 month cushion or a shortfall of {$1000.00} with the added cushion. We contend that this large adjustment was the result of unnecessary practice that is unfair and harmful under UDAAP.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WI
Zip: 53029
Submitted Via: Web
Date Sent: 2017-04-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-04-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX XX/XX/2017. Initiated contact with SPS loan modification. The approval letter stipulated a payment of {$1200.00} is required for 3 months, on XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX to be considered for a permanent modification.
XX/XX/2017. Emailed & called SPS Relationship Manager XXXX regarding questions about offer letter. She never responded.
XX/XX/2017. Initiated call with SPS Representative XXXX ; explained that due to my financial hardship I could n't pay rent late in my family 's current residence, as well as bounce bill payments as a result of paying the mortgage on the XXXX. I called for clarification re the grace period for the loan modification payments. XXXX told me that I had ALREADY pre-paid for the month of XXXX due to my XX/XX/XXXX payment of {$1700.00} and the payment in XXXX actually covered the XXXX mortgage amount due ( which was {$1200.00} ), so I was in fact meeting the loan term agreement. I asked what caused a discrepancy between the letter, her remarks and my online account. XXXX had no clear explanation.
XX/XX/2017. Called SPS in order to again ensure that I would meet the conditions of the trial modification by paying mortgage on XX/XX/XXXX, in tandem with my salary deposit. SPS recorded the call. My husband XXXX was a witness to this conversation as I was on speakerphone. Representative XXXX informed us that though it was NOT stated in the letter, I could pay ANY DATE between XX/XX/XXXX and XX/XX/XXXX that would STILL apply toward my modification as meeting the terms of the agreement. When my husband explicitly asked if we could receive this in writing she refused and said " we do n't need to do that ''. She assured us that a payment of {$1200.00} on XX/XX/XXXX would still be eligible for the trial loan modification. XXXX arranged for payment withdrawals from my bank account on XX/XX/XXXX, XXXX and XX/XX/XXXX. XX/XX/2017. Mortgage payment was debited from my account as agreed.
XX/XX/2017. Received a statement from SPS stating that I was in a delinquency status and that as of XX/XX/XXXX, I was 14 days delinquent on my mortgage payment. The letter also stated that I had entered into a Trial Modification Plan, which was confusing to me again. I did not understand how I could be delinquent given what I had been told by XXXX on XX/XX/
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 220XX
Submitted Via: Web
Date Sent: 2017-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-04-02
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Sirs : I am in receipt of a mendacious notice from Select Portfolio Servicing, alleging that it is the SERVICER of the mortgage covering my residence and that ( falsely ) I have violated the requirement that " hazard ) ie Homeowners insurance be maintained. Since on XX/XX/2017 I changed carriers I would have ordinarily politely provided a Declaration page from the new policy. However knowing the historically abusive and illegal conduct of that company and that is conducting business under a Consent Degree I read more carefully. As XXXX and other major financial entities have done repeatedly to hundreds of thousands of unwitting consumers, the letter threatened to " forceplace '' such insurance at hugely inflated premiums However, Here is the punchline : Select Portfolio demanded that I concur in a loss payment endorsement naming it.althoughit hase no right to do sounder the terms of the applicable documents In fact, Select Portfolio has insisted several times in writing ( I never converse ) that the owner and holder of the said mortgage is XXXX I have thus provided in the endorsement. It is evident that Select Portfolio was engaged iun an attempted Larceny by False Pretenses and other tortious conduct. Having never observed the mechanism of the CFPB in such a bald illegality, Ihave determined to submit this complaint to your good offices I have no impediment in providing data and documents at your request XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CT
Zip: 068XX
Submitted Via: Web
Date Sent: 2017-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2017-04-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My issue is with my mortgage lender SPS Servicing. I originally had a loan with XXXX. In XX/XX/XXXX, I received a loan modification and a {$140000.00} settlement with XXXX shortly thereafter SPS took over my loan. My property tax and homeowners insurance were to be impounded as part of the terms of my loan modification. XXXX paid my homeowners insurance annual payment in XX/XX/XXXX prior to the loan transferring over to SPS. In XX/XX/XXXX I received a letter from SPS stating my home is a condo and therefore my homeowners association was paying my homeowners insurance. I contacted SPS to explain my HOA does not pay my insurance and that my house is not technically a condo, it is a zero lot line detached home. They informed me I was responsible for the insurance so I started paying XXXX myself monthly for my homeowners insurance. At no time did my mortgage decrease by the amount that was originally paid out to my insurance company. The loan modification agreement was not being upheld by SPS. I tried numerous times to dispute this claim but SPS just kept coming back saying my HOA was responsible for the insurance. I was in a chapter XXXX in XXXX and it was discharged in XXXX, after my chapter XXXX was discharged SPS came up with charges that I was unaware of, such as increasing my mortgage payments due to a escrow shortage, and more recently fees for SPS driving by my home to make sure I was living in my home. I disputed these charges with SPS as well and really have not gotten a clear answer to why I have to pay an escrow shortage. After speaking to several customer service agents I was told many different things. One stating the escrow shortage was carried over from XXXX when my loan was taken over. This is not correct, in my loan modification agreement it states any and all amount due such as property tax, insurance, late fees etc.. would be at a XXXX balance. Another dispute I have with SPS is the fact that when SPS did receive my loan the amount that went to my chapter XXXX was then at a XXXX balance however my bankruptcy trustee continued to make payments to SPS, in the total amount of about {$1900.00}, when I questioned where was this money applied to SPS stated it was applied to my principle balance. I never asked for that to be applied to my principle balance, I would of thought it would of went towards any delinquent amounts I incurred. I fell into a hardship during the period of XXXX when I was responsible for paying bankruptcy payments totaling {$780.00} a month, and also paying attorney fees for my divorce. I missed mortgage payments and was assuming the {$1900.00} that was paid by my trustee would be applied to that and the now {$1400.00} I had paid out to pay my homeowners insurance, that should of been included in my monthly mortgage payments, would be applied to the delinquent amount due. SPS is stating I owe {$11000.00} and they keep sending me foreclosure notices and I keep disputing the above. I understand I fell short on payments and am trying to find a solution in paying back what is owed. I do not want to pay anything back until my disputes are resolved. SPS has harassed me and been extremely rude and they have agents that clearly do not know what they are talking about. I was assigned a case manager to whom I can never speak with, instead I speak to agents who tell me all different things in regards to my disputes. They tried to get me into a repayment program however the amount I would have to pay each month was almost tripled, I can not afford that type of repayment program. I have paid my mortgage as well as a bit more in a timely matter since my bankruptcy was discharged in XXXX. I have a loan balance of approximately XXXX and a high 5.25 % interest rate. The value of my home is approximately {$550000.00}.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92673
Submitted Via: Web
Date Sent: 2017-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-04-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My name is XXXX and my complaint is against Select Portfolio Servicing , Inc, my servicer in my loan No. XXXX. Select Portfolio Servicing , Inc, started foreclosure proceeding against my homestead property with totally unclean-hands and fraudulent documentation as you can see in the attached documentation. Foreclosure Case No. XXXX placed in XXXX County Florida, has been enter into court with fraudulent note, fraudulent adjustable rate ride and fraudulent correction/Modification of Mortgage never signed but executed them by Plaintiff and enter them as Exhibits in my foreclosure case. I closed my property in XX/XX/XXXX in XXXX and never received copies of my originals documents, I was told that I will get them in the mail. On XX/XX/XXXX I received a total different set of documentation for me to sign, I requested a copy of the first set of documentation to make sure nothing had changed and I never received a response, additionally they told me they would add my wife in the mortgage, since I started this process of purchasing my home from my now actual wife, before marriage, and at the time of closing I was already married. Me and my wife advised the same information to the mortgage broker at the time. So I held on to the documentation and keep the originals never signed. The first sign of fraud to the court was in my foreclosure case in XX/XX/XXXX- Case No. XXXX, were the lender certified to have the original note on my property such note was fraudulent signed, since I have the originals of this note and was never signed or executed by me. That foreclosure case was voluntary dismiss by Plaintiff in that case. Come XX/XX/XXXX I get served with a second foreclosure case after almost 9 years, and Select Portfolio Servicing , Inc again certifying of the same, including the two adjustable rate ride, and a correction/modifications of Mortgage Documents that I never that I never signed. As far as a modification of mortgage, Plaintiff XXXX ( Investor ) does not modified since they never took funds from TARP. Second case of Fraud : Lack of standing bringing this case with an assignment of mortgage recorded and executed on XX/XX/XXXX by XXXX as Vice President and nominee for Accredited Home Loans. Accredited had filled BK Chapter XXXX, since XX/XX/XXXX and was administratively dissolved and repudiate all their contracts that including XXXX, so assignment of mortgage is totally ineffective. I had executed letters also to our State Attorney General, Offices of XXXX and to our governor XXXX. ( See attached ). I do want to fine a way to keep my home but homeowner 's had suffer huge losses due to lender and services unethical practices. Thanking you in advance for your help in this matter.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33175
Submitted Via: Web
Date Sent: 2017-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-03-31
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I asked for a loan assumption since my husband died XX/XX/2011 and the mortgage was in his name only and I wanted to start a loan modification process. I was denied as a widow.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 950XX
Submitted Via: Web
Date Sent: 2017-03-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-03-30
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: In XX/XX/XXXX Select Portfolio Servicing , Inc purchased my mortgage from XXXX / XXXX, originally written in XX/XX/XXXX. My mortgage was written with an option to eliminate PMI insurance with a 90 % LTV and certain other requirements. For over 2 years SPS has refused to honor my PMI rider, investigate my claim, failed to respond to QWR 's and insists they only accept an 80 % LTV based on a current appraisal. I 've not paid for their appraisal until they honor my contract as written. SPS is in possession of all supporting documents.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MO
Zip: 63011
Submitted Via: Web
Date Sent: 2017-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2017-03-29
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I asked for a loan Modification ... .has paid the trail period a few times ... But the loan interest is still high and the payments not as good as XXXX and otehr banks ... THey are not discountqsing THe Obama XXXX discount of {$100000.00} per mortgage ... loan ... Iasked for a modification agreement not a lien modification agreement ... .We both must agree on something and erase all the arrears since this loan is a toxic loan, given up from XXXX XXXX They should give what the consumer can afford ... SPS servicing can only erase {$300.00} or less on d payments infact other banks and collection agencies drop to {$800.00} less and up to {$1000.00} less from current payments ... because they dropped their interest up to 2 % a year for 5 yrs..then it goes up..after five years of payments ... we want to resolve this issue ... immediately, they are forcing me to sign ... a contract that I am not happy and still high..monthly payment ... Thank You ... XXXX or XXXX XXXX XXXX ( XXXX )
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92264
Submitted Via: Web
Date Sent: 2017-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-03-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: CFPB is closed when I called and I ca n't log into my account to view and respond to my previous complaints about the mortgage servicing company I have now, so I have to open a new complaint. I received a response to my complaint by mail from Select Portfolio Servicing, that I have been going back and forth with for months, trying to get my loan modified. I questioned the amount of fees from " inspections '' that were supposedly done of my house and how many times they " allegedly '' came to inspect my house. They responded how these " inspection '' fees work but my issue is I do n't believe anyone was here and as many times as they charged me. There has never been any communication between us about someone coming to inspect the property. Am I supposed to take their word that someone was here and so many times? I think not. The customer service rep said it was to make sure the property was occupied. The property being occupied by us was never an issue as our address was confirmed many times. In the response from the company I received via mail they addressed another part of the complaint about my setting up a few monthly payments to show good faith and them returning them. The Select Portfolio rep took the payments with no issues or comments. The response states the reason they returned the payments is that our loan was in " foreclosure status. '' SINCE WHEN?? We 've NEVER received information that we were in foreclosure status. EACH WEEK we received several mailings from Select Portfolio stating how we can make payments and that they 've received our request for assistance but still needed the tax documents, which we could n't provide at the time so we asked for other " help '' options. Select Portfolio states that there is several options available but no one could provide any other option to us. We finally were able to send the documents needed, last week and received the confirmation that all documents were received and now we wait for a decision of what type of help is available. We do not feel confident of the outcome for any help from this company, especially after reading the other complaints on the CFPB website about them. All we have been asking for is the past due amount put to the end of the loan and the account brought current. We have made financial plans to never fall behind again but we ca n't seem to get anywhere with Select Portfolio. I 'm hoping that the CFPB is monitoring this company as we have never had this much difficulty getting help with the house we have lived in for XXXX years, raising our children and building our life. Difficult times happened that were out of our control and we 're just asking for a little assistance! Believe me we wish we never refinanced in XX/XX/XXXX. Plus, our mortgage has been " sold '' several times in the last XXXX years. Just unacceptable and ridiculous. We do n't feel we will ever get this house paid off at this rate. Someone has to help the multitude of people struggling in this country and it 's failing economy. PLEASE
Company Response: Company believes it acted appropriately as authorized by contract or law
State: DE
Zip: 19808
Submitted Via: Web
Date Sent: 2017-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No