Date Received: 2017-02-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In XXXX 2016 our mortgage was sold to SP Servicing. We had a XXXX modification with our former servicer that expired just before and raised our interest rate to the original XXXX %. At that point we could no longer afford our payments and fell behind. SP Servicing has had our Request for Hardship Modification since XXXX 2016. Since then they have repeatedly and consistently requested " additional '' information, clarification, redo a single line on this document, explain this ( six times ). In short, they are dragging this out with their endless quest for the perfect set of documents. I am well aware that there are specific requirements for XXXX, and we give them what they ask for EVERY TIME. I believe they are veering into fraudulent territory with their requests now. The " underwriters '' have reviewed our application no less than ten times since XXXX 2016, and today, suddenly, they ca n't read our names on the front page ( section one ) of the application. I have read online where they 've done this to other people over the years. We ca n't get our mortgage caught up without a modification, and we stay behind on our mortgage, trashing our credit, where we ca n't go to another lender and refinance. They have us stuck, and they are keeping us there, for no good reason. Either they want our home in foreclosure, or they are running up the loan balance and interest. Either one sounds like fraud to me. I will be filing complaints with the Federal Trade Commission, TN Department of Commerce and Insurance and TN Office of the Attorney General on Monday. If none of these agencies is able or willing to help, I will have no choice but to file a lawsuit against the servicer, which we no doubt will lose due to their " deep pockets '' and our " little voices ''. Please help us. Companies like this do n't deserve to be allowed to keep doing this to their customers. I 'm willing to fight, but what about others who do n't know how to fight? They simply lose their homes. Please step in and do something about it.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38133
Submitted Via: Web
Date Sent: 2017-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2017-02-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I applied for a HAMP modification with XXXX in XX/XX/2016. They asked me for additional documents and we went back and forth until XX/XX/2016, at which point, they stated that my application was completed and they will review it within 30 days. Approximately 2 days later, I received notice that XXXX transferred my mortgage to Select Portfolio Financing. They assured me that my HAMP application will be reviewed by the new services. SPS received the application and began asking me for new documents. Each document took a week to process. They only asked for a document at a time, which took weeks. By XX/XX/XXXX, I began worrying that I might miss the HAMP deadline ( XXXX ). I called SPS repeatedly and was reassured by their representatives and a supervisor that since I turned in the actual HAMP application in XX/XX/XXXX, I will still be eligible for consideration. During this time, my tax extension that I sent in with my original remodification application expired ( as they usually expire in XX/XX/XXXX ) and SPS asked me to turn in my XXXX forms ( this was on approx XX/XX/XXXX ). This was the last document they needed. I turned that in in the XX/XX/XXXX, which was the soonest I could do so. Today, I received notice that SPS has approved me for an in-house modification, but not for HAMP. The reason stated by their service rep, was because I 'missed the HAMP deadline '. I find this utterly ridiculous after being constantly reassured that I will be considered for HAMP and after having applied for it in XX/XX/XXXX. I 've done everything I could do to comply with XXXX and SPS 's documents requests. I 've invested so much time in calling them, faxing them and uploading documents. I took a proactive approach and checked in with them every few day ... only to be told that I missed the deadline.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33024
Submitted Via: Web
Date Sent: 2017-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2017-02-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My home has been foreclosed upon and we have exhausted all appeal remedies ( even though the appellate court had to rule against itself in denying my appeal ). However, I have also been asked to participate in the Servicer 's Home Retention Program. The Servicer is Select Portfolio Services , Inc. They accepted my application in the program awhile back, and numerous stays, all at only 45 days each, from selling my property, have been granted by the court. However, since there have been so many of these, the Court required that a hearing take place to stay the next sale, set for XXXX XXXX, 2017 -- a week from tomorrow. I received a decision letter from SPS ' home retention program, where they denied working with me to retain my home, but will allow me to short-sell it for an amount far less than they say I owe with all the fees and attorney charges added on. I have offered them an amount roughly {$50000.00} above what they will accept on a short-sell, but they refuse to work with me. However, I do have thirty days from their decision date ( XXXX XXXX ) to appeal their decision and seek explanations as to why they will not approve me for some sort of repayment plan. The denial letter is attached, and interestingly enough, since this is a rental property I own, the Tier 2 program was of great interest to me. Their reason, shown on page XXXX of the denial letter, for not being able to offer me the Tier 2 program was that I have " not missed two or more mortgage payments. '' If that 's the case, as they state in writing, why then will they not just start accepting payments from me? We assumed since it would be in violation of RESPA laws for my property to be sold while I still have an appeal in the works, the judge would grant our motion to stay today. She did not. We are now looking into options to appeal her decision to district court or wherever, to keep them from selling my home while I still have an opportunity to appeal and perhaps retain the home by reasonable negotiations. I have attached below the copy of the affidavit we submitted with the motion to stay that resulted in today 's hearing. If you read through that, you can see all the ways in which I have been jerked around by SPS, and I have several prior complaints from their telling me they were refusing to follow the law and stay previous sales ( that we 've managed to get stayed up until now ). I need your intervention to compel SPS ( who showed up at the hearing today and opposed my request for a stay ) to follow the law, and for THEM to request that the judge recant her decision of today so that SPS will not be in a situation of dual-tracking me.
Company Response: Company believes complaint is the result of an isolated error
State: SC
Zip: 29072
Submitted Via: Web
Date Sent: 2017-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2017-02-17
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: I am involved in what has to be the longest re-finance of a loan ever!! I own a rental property and because of divorce, losing my job and the interest rate adjusting, I couldnt afford the payment so I applied to XXXX to refinance the loan instead of defaulting. This started in the middle of XXXX and was going along great when XXXX decided to sell the loan to SPS ( select portfolio servicing -approx XXXX ) -- this has to be the WORST company ever!!! I have been submitting the RMA since then monthly and have had to submit one section ( section XXXX ) no less than 9 times ( I am not kidding-I have the copies )!!!! I am supposed to have a relationship manager, XXXX, who never calls back or takes a week to call back -- why have one then?? Everytime I call I put in her ext. and it goes to someone else? Anyways, the problem with section XXXX is that this is a rental property and not my primary residence ( I am renting now ). I have had to send it on with the different boxes checked, my primary home address, mortgage payment and HOA payment -- did I mention I am renting now? Everytime I call there is a new customer service rep that says send it in this way after talking to underwriting and EVERYTIME when i call to see if they have received it, there is a problem??? I have asked to talk to underwriting numerous times but they dont take calls?? So here I am almost 2 years later and no closer to refinancing?? I just want to know if they are going to approve this or not so I can tell my tenants what they need to do, or if I can short sale it, or just have them foreclose on it?? At this point I am considering the later but really dont want to do that. I need help with this so called company and let me know if underwriting is ever going to get its act together and make a decision????
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 85206
Submitted Via: Web
Date Sent: 2017-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-02-15
Issue: Settlement process and costs
Subissue:
Consumer Complaint: Select Porfolio Servicing response to case number XXXX. Please note that Select Portfolio deliberately refused to contact us on our cell phone number which were the numbers given to them as our best contact phone numbers. SPS chosed to call the home number as indicated at XXXX XXXX on XXXX/XXXX/XXXX. Neither me nor my wife was at home. Again this is the cell numbers wife XXXX ( XXXX ) XXXX ( XXXX ) Moreover my caller ID indicates that attempts was one time only on the house phone number. Secondly, Select Portfolio Servicing deliberately refused to address the issue of why the modification has a balloon payment of {$550000.00} plus accrued interest on top of this balloon payment. SPS refused to explain why we have to pay interest ( accrued ) interest for 19 years on this balloon amount of {$550000.00}. This is nothing but corporate greed from this Investor which is XXXX with XXXX XXXX as trustee. Please note as you are aware that XXXX had violated banking laws and had to pay fines brought forth by the justice department last year. We are being punished because of their actions and they are repeating the same problems for what they were fined for. We have contacted our Senators in California to help us with this type of predatory modification. WHY such a huged balloon payment? Why again pay interest on the balloon payment? Why only 19 years left. Why count your 30 years from the original note year of XXXX. Why refuse to have XXXX XXXX XXXX complete the loan modification by transferring to another servicer just because it is within the rights of this Investor. XXXX XXXX XXXX stated this Investor forced the transfer. All this is an attempt to purnish and hurt us because of the many complaints we filed with CFPB. We would not have been approved for a modification by this Investor if we did not exercise our rights under the California Homeowners Bill of rights. Our loan was a XXXX loan with which we were victimized including when XXXX XXXX XXXX took it over. We need your help as the agency that deals with these complaints. Again SPS is inaccurately stating that they could not get in touch with us. XXXX XXXX XXXX did exactly the same until when I told them that I dont have a home phone number. Are these SERVICERS trained to call people at home when these days almost everybody uses a cell number as their primary method of contact. Again do not call any other number except on the cell phone numbers as indicated above. Are Investors only required to modify loans for 19 years only? Is it wrong to request that the terms be made longer. It is public record that this investor has granted modifications for up to 30 years and longer. We are being singled out and being refused the same benefits as others even those with less income as us.Thank you for investigating further. I know we dont qualify for a principal reduction, but the principal has always increased from late fees charges modification fees over the years Origal amount was {$750000.00} and it is now {$810000.00}. Over {$67000.00} of late fees, charges and modification fees charged.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91701
Submitted Via: Web
Date Sent: 2017-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-02-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I hereby XXXX XXXX, files this complaint for the following violations : 1. Violations of Florida Statutes " standing '' rules to enforce note and mortgage 2. Sham Foreclosure complaint 3. Forged affidavits in connection with a lost note affidavit 4. Failure to process loan modification request and the time allow to submit documents In a foreclosure action, a " plaintiff must prove that it had standing to foreclose when complaint was filed. XXXX ( XXXX ). A party must prove it has " standing '' to bring a mortgage foreclosure complaint by " establishing '' an assignment or equitable transfer of the note and mortgage prior to instituting the complaint ''. XXXX ( XXXX XXXX XXXX XXXX ) ( XXXX ). The plaintiff in this case filed the XXXX in XXXX. Florida statutes pertaining to standing to sue have been established for over 100 years. Florida case law explains in XXXX ( XXXX XXXX XXXX XXXX ), in order to have standing the " original '' lender must also have standing at the time the complaint was filed. The record shows that XXXX XXXX XXXX, the original lender did not have standing at the time the plaintiff filed the lawsuit because XXXX XXXX have been " terminated " since XXXX/XXXX/XXXX. The Florida XXXX defines a " holder '' to be the person in possession of a negotiable instrument thetas payable either to bearer or to an identified person that is in possession XXXX ( XXXX ). The last page of the note reveals no endorsement whatsoever. Neither the records reveals any assignment of mortgage from XXXX XXXX XXXX ( original lender ) to XXXX, XXXX, or Select Portfolio Loan Servicing LLC. Under Florida statutes a plaintiff can also prove standing by submitting an affidavit of lost note, however the affidavit must reflect endorsement payable to the plaintiff. The record reveals that the affidavit made by XXXX XXXX does not referenced to whom the note was payable to because it failed to reflect any endorsement. Therefore the note was never negotiated or made payable to the Plaintiff. The affidavit was not executed by XXXX XXXX. A copy of the notary application from the State of Utah reveals that XXXX XXXX did not executed the lost note affidavit executed by the well known ROBO signer XXXX XXXX. The signature of XXXX XXXX reflected on the affidavit by XXXX does not correspond to the signature reflected on the Notary application. Notaries must signed the application twice to establish their handwriting. The record reveals is not a match. Select Portfolio Loan Servicing brought fraud upon the court which warrants a dismissal with prejudice according to Florida case Law as matter of law. Select Portfolio claims to have denied our mortgage request dated XXXX/XXXX/XXXX. The record reveals we applied in XXXX XXXX and not in XXXX XXXX. The reason select portfolio servicing claims to have receive application on XXXX/XXXX/XXXX is for the sole purpose to allegedly establish we did not comply with document within the time allowed. Select Portfolio servicing complaint will be forward to the Office of the inspector general for further law enforcement action. We are requesting law enforcement that XXXX and XXXX be brought to justice in this case for submitting fraudulent documents in connection with a foreclosure action. The judge presiding in this case should also be investigate and is another reason the final judgment was entered despite of the insufficient proof of standing and the forged documents to be admitted into evidence. Florida Judges cite with plaintiff whether or not have standing and the matter has gone too far in this state.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33032
Submitted Via: Web
Date Sent: 2017-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2017-02-15
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: In XXXX I went to XXXX XXXX XXXX XXXX to file my taxes. While there, the agent strongly encouraged me to apply for a signature loan. I refused the loan because I was trying to build my credit rating, which was above XXXX at the time ; in addition I only had XXXX credit cards with low balances. He continued to coheres me to take the loan because of the low interest and short term payment period. When I began to plan to attend an advocacy convention in XXXX several weeks later I noticed some unusual activity in my checking account. I was aware that the account should contain my tax refund but the balance was too high. When I checked with my reader, ( reader needed because of XXXX ) she told me that the checks for {$360.00} were for a payment booklet that she had received in my mail several months ago. She had no knowledge of the overage balance. When I called the number on the payment booklet, I found that it belonged to the XXXX XXXX XXXX and that it was for a mortgage. XXXX XXXX XXXX XXXX ( the loan originator ) had paid the balance on my credit cards plus other additional miscellaneous items that showed on my credit report leaving the sum of {$28000.00}. When I called XXXX & XXXX XXXX to try and rectify the problem, I was told that their agents rotated on a regular basis and the young man who had processed my loan had been transferred to XXXX. After seeking additional information from XXXX XXXX XXXX XXXX 's main office, I was told that he no longer worked with them. It this point, I began to seek legal assistance. I found an attorney in XXXX, XXXX and explained the situation which was that my home was over 25 years old and had no existing mortgage ( inherited from mother ) and that I did not understand what was happening. He accepted the case with a {$750.00} retainer. When I had not heard from him in two weeks, I called his office and his secretary told me that he had taken ill and was in the hospital. She assured me that she would find my file and get back in touch with me as soon as possible. As time went on, and I was unable to contact anyone from that office I called local area hospitals and found him at the XXXX XXXX XXXX XXXX. I took a taxi and went to the hospital and found him in the XXXX expecting to be released within a couple of days ( to be contacted shortly ). When I next spoke to him he told me that while he was in the hospital that his secretary had stolen all of his funds and scrambled his records. After several more months of delays and constant calling, I took another taxi and went to his home ( after finding the address in the phone book ) his solution to the problem had been to file a Chapter XXXX Bankruptcy. When I finished the course the credit counselor informed me that the Chapter XXXX was not helpful because there were no outstanding bills and mortgages were not covered under Chapter XXXX. I continued to pay XXXX XXXX XXXX while seeking other solutions to the problem. Since I am XXXX most of the funds received in the loan were being used to pay taxis ' and readers to help to do research. In XXXX I was forced to retire from my job because of medical reasons and was unable to continue making payments which had increased from approximately {$360.00} to {$440.00}. The loan was delinquent for almost XXXX years, ( XXXX ) offered to help by way of modifying the loan. The process lasted for an additional three years. I continued to send documents after documents. After each cycle, I was given a new case manager who told me that we had to start from the beginning. By XXXX I still had not received a decision. When a neighbor told my sister that my home was listed in the paper for auction sale at the court house, I attended XXXX auctions which were listed on the bulleting board, but no auction took place. I consulted an attorney who told me that Chapter XXXX was my only option. I filed an the payments rose four times. Now I am unable to pay.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MS
Zip: 390XX
Submitted Via: Web
Date Sent: 2017-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-02-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Please Refer to Complaint Number : A validation of Debt and QWR was sent to SPS however, they have failed to provide the following : * Full accounting from inception to present date to justify the numbers given * SPS claims that my balance is {$790000.00} however i have conflicting accounting which is why i asked for a validation of debt from SPS merely sending closing documents without accounting is not a valid response per the FDCPA * SPS has also failed to provide a mortgage coupon the loan was transferred in XXXX of 2016 and SPS also failed to provide HAMP options as well as alternative options as required by law.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30068
Submitted Via: Web
Date Sent: 2017-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-02-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: SPS has taken advantage of us twice. We are 3-4 months behind on payments because they messed up on a MOD that they will not correct. I have written a letter to XXXX XXXX today letting him know we want help.We just want them to correct their mistake and catch up out payments. They raised our interest rate 1.5 % in a new MOD. We didnt find that out until we made our trial payments. When we complained we went into review. Nobody told us to make payment while in review. Long story short if they would listen to their recorded calls theyd know they caused this. We 've been taken advantage of enough! Im tired of trying to catch these payments up with NO help!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93551
Submitted Via: Web
Date Sent: 2017-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2017-02-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I was approved for a loan modification on XXXX XXXX, XXXX in the amount of {$1100.00}, to begin XXXX XXXX, XXXX. ( refer to pgs XXXX ). Said payments where paid in certified funds as requested. ( pgs.XXXX ). On XXXX XXXX, XXXX, I received a letter stating THIS IS YOUR SECOND WRITTEN NOTICE, which prompted me to call SPS as to the nature of what the letter was about. I was told that numerous pieces of mail were mailed to the property address for me to accept the terms of the {$1100.00}. I asked that the call be recorded. At no point in time did I ever receive anything via USPS or cert mail. I requested that anything and everything that was sent to me in regards to accepting the terms to please send again and mail to my work address for if it needed to be signed for I would be there Monday -Friday from XXXX. Today being XXXX XXXX, XXXX, I have yet to receive. My trial period was for 3 months and as a homeowner I did as requested and continued to pay my {$1100.00} as agreed. ( pgs XXXX ). XXXX XXXX, XXXX I receive a letter to qualify for loss mitigation ( which over the course of the last four years, I already had to do TWICE just to get approved at the current amount of {$1100.00} ) for a new payment amount of {$1700.00} effective XXXX XXXX, XXXX. I have already been approved for {$1100.00} and should not have to be put through this again. In addition, I was approved based on my income, which has not changed but SPS increased over {$600.00}. This is being set up for me to fail. SPS has already done the numbers and I have provided everything they requested and increase of such will force me to lose my home. ( pgs. XXXX ). XXXX XXXX, XXXX I receive a letter that my loan was referred to the foreclosure department, but they just tried to get me to accept new loan modification terms. ( pg XXXX ). XXXX XXXX, XXXX received another letter from SPS in regards to assistance. ( pageXXXXXXXX ). XXXX XXXX, XXXX I receive my cashiers check back for my XXXX XXXX payment stating that it was short. How can it be short? The new terms where not excepted nor even due until XXXX XXXX, XXXX. On top of that they tell me that {$170000.00} need to be paid or I will go into foreclosure on XXXX XXXX, XXXX but wait they want to increase by loan modification as of XXXX XXXX, XXXX. Not only do SPS timelines NOT add up. I have continued to pay my {$1100.00} and fulfill my obligation as a homeowner only to get railroaded. SPS is no more than bullying me, strong arming me and my son out of our home. My loan modification was approved, I continued to pay and now they are trying to use some loop hole to discredit everything I have worked for. This should be a criminal action. Just last week I read an article in XXXX about mortgage companies pushing homeowners out. What I thought was a done deal is now a nightmare again and I need your help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89178
Submitted Via: Web
Date Sent: 2017-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No