Date Received: 2016-12-08
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Since XXXX of 2013, I have been going submitting documents to modify my home and the company who I have my mortgage with has been asking me to submit the same documents over and over again. My interest is going up this month XXXX XXXX XXXX 4.75 %. The reason I need to modify my home is because I was getting child support of {$750.00} and it ended in XXXX. I submitted my documents 3 mths in advance in order to give them ample time to work on my modification. However, they are giving me the run around and continue asking me for documents they already have. I have continued paying my mortgage and because of this I can no longer pay.. I want this resolve asap. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: RI
Zip: 02920
Submitted Via: Web
Date Sent: 2016-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: It has come to our attention from external sources that a lawsuit has been filed against XXXX XXXX and XXXX XXXX in the State of New York solely by US Bank, National Association, as Trustee, Successor in Interest to XXXX Bank, National Association, as Trustee for XXXX XXXX Mortgage Trust, XXXX. We have no contractual relationship with US Bank, as Trustee and deny any and all allegations of any amounts US Bank, as Trustee. On XXXX XXXX, XXXX XXXX XXXX XXXX from US Bank Corporate Trust Services wrote us a letter ( Attached ) in response to a Qualified Written Request. The XXXX 's letter stated, " US Bank is merely the trustee for the Trust which owns the mortgage and note. Please note the Trust is the owner of the mortgage and note, not the trustee, or US Bank in its individual capacity. '' On XXXX XXXX, XXXX XXXX XXXX wrote XXXX XXXX a letter ( Attached ) which stated, " we are merely the trustee for the Trust that owns the mortgage and note on this property. The servicer is the party to the Trust that has the authority and responsibility to make decisions and take action regarding individual mortgage loans in the Trust. The trustee has no authority or responsibility to review and or approve or disapprove of these decisions and actions. '' A brochure ( Attached ) was included with the XXXX letter which contained the following language : " US Bank, as trustee, has no control over the initiation or conduct of these foreclosure proceedings ... Trustees play no role in initiating or conducting the foreclosure process, have no role in granting or denying a loan modification, and have little or no information relating to mortgage loan activities including foreclosures. '' Unequivocally, the role of the Trustee is clear and their correspondence states explicitly that US Bank as Trustee " has no discretion or authority in the foreclosure process and does not initiate foreclosure actions. '' Therefore it appears that some unknown and unidentified party ( XXXX ) initiated a foreclosure action as Index # XXXX in the Supreme Court of the State of New York County of XXXX by and through the law firm of XXXX who state they are the attorney for the " Plaintiff '' - US Bank NA, as Trustee etc. A Certificate of Merit ( Attached ) was proffered to the Court signed by XXXX XXXX, XXXX. attesting to a 'reasonable basis for the commencement ' of the action. Clearly there is a disconnect. It is patently obvious that the role of the Plaintiff US Bank, as Trustee, is being misrepresented, as US Bank, as Trustee, has admitted that they have no authority or capacity to begin such a proceeding. Further in a brazen and egregious attempt to mislead the court, the law firm filed a Lost Note Affidavit from a party with no personal knowledge of the particulars of the lost note. A party by the name of XXXX XXXX XXXX of XXXX XXXX XXXX XXXX, states the note was lost eleven and a half years ago on XXXX XXXX, XXXX, 23 days after the alleged Note Date of XXXX XXXX, XXXX. If the note was lost it could not have been endorsed into the Trust as required by law. The Trust is stated to be the owner of the mortgage and note.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 105XX
Submitted Via: Web
Date Sent: 2016-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-12-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our client XXXX XXXX XXXX XXXX XXXX purchased a home for her daughter to live, XXXX XXXX XXXX XXXX is a none resident Alien and resides in XXXX she has no social security, no income in the United States of America. XX/XX/XXXX she began the process of a loan modification with Select Portfolio Servicing LLC, meanwhile our Attorney XXXX XXXX XXXX was working with the banks opposing counsel trying to reach an agreement on this matter ; the loss mitigation package was submitted to the bank on XX/XX/XXXX. On XXXX/XXXX/XXXX our representative contacted the bank to confirm receipt of the loss mitigation package which they did confirm, shortly thereafter we received a denial stating they never received all required documents. Our client again attempted the modification process but this time working through the court system and we gathered new documents and submitted a complete loss mitigation package directly to the bank on XXXX/XXXX/XXXX, the Notice of Conciliation Conference was granted on XXXX/XXXX/XXXX. The conciliation meeting was scheduled on XXXX/XXXX/XXXX and at that meeting the advised since the loan is under XXXX XXXX XXXX XXXX but the daughter lives in the property the loss mitigation package needs to be under the daughter using only her information and her financials with-in 30 days. We submitted a new updated loss mitigation package under the daughter 's information on XXXX/XXXX/XXXX, well with-in the 30-day due date. During the following 2 months, we continued to follow up with emails with opposing counsel checking on the status of the modification process and continue to run into bank representatives requesting documents from XXXX XXXX XXXX XXXX as I advised the representative that all that was resolved at the conciliation meeting. This went on from the day I sent in the updated package only under the daughter on XXXX/XXXX/XXXX bank rep ( XXXX XXXX ), XXXX/XXXX/XXXX sent e-mail to opposing counsel for status -- no reply, XXXX/XXXX/XXXX sent e-mail to opposing counsel for status -- no reply, XXXX/XXXX/XXXX I received a call from a bank representative requesting the same documents I had already sent to opposing counsel on XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX I called bank and spoke with XXXX XXXX I inquired as to status he advised when I spoke to XXXX on XX/XX/XXXX he did not send the file back to underwriting for review and to check back in 3-4 days. On XXXX/XXXX/XXXX I called bank and again having to explain that we only using the daughter 's information on the file I requested to speak to a supervisor, I spoke with XXXX in the foreclosure Department and she suggested to supply a Quit Claim Deed, I advised there is a Power of Attorney in the file but she advised since this has to do with real property a QCD would be better. I contacted XXXX XXXX XXXX XXXX in XXXX and she went to the XXXX and supplied the QCD, a copy of that document was sent to opposing counsel. We received a denial letter on XXXX/XXXX/XXXX stating the file was denied due to missing documents requested on XX/XX/XXXX, what does the previous application for modification requested in XX/XX/XXXX have to do with the new Court Ordered Conciliation conference in XX/XX/XXXX. We have requested numerous times for explanations and we keep on receiving the same denial letter with no explanation referring to the same denial letter stating XXXX/XXXX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33130
Submitted Via: Web
Date Sent: 2016-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-05
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: I inherited a house years ago and the banks did not keep up with the paperwork. I did not know anything. Thought the house was free and clear according to probate court. Now I try to get a loan and can not. Have not been able to to find anything on who is servicing this old mortgage so I can get it released. 4 companies so far and no ones has it. I am tired of the run around and mortgage companies being able to do what they want and leaving people helpless. They need to be filing proper information like everyone.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 44266
Submitted Via: Web
Date Sent: 2016-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This is a DEMAND FOR VALIDATION OF DEBT to US Bank, As Trustee, Successor in Interest to XXXX XXXX, as Trustee for XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX : Acct # XXXX / XXXX To Whom It May Concern : Please treat this letter as a " qualified written request '' under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( e ). We have received correspondence indicating that U.S. Bank National Association, as Trustee, Successor in interest to XXXX XXXX, XXXX XXXX, as trustee for XXXX XXXX XXXX XXXX XXXX is the Noteholder for the above referenced mortgage account. This request for information is submitted pursuant to Regulation X 1024.36 under RESPA. This request is not duplicative of any prior request for information on the above referenced loan account ( s ). Please provide a validation for the above referenced account # XXXX including amount owed, principal, fees and interest payments made since the inception. To wit, this is a request for a complete, correct and exact copy of the loan transactional history. This is also a request for deal side transactional history. Thank you for your cooperation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 105XX
Submitted Via: Web
Date Sent: 2016-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-12-04
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: im write for someone to help me with my mortgage i been fight with my mortgage company for over1 yaer .im doing a loan modification i send all my document i will call to check on my documents they will say call back in 2 to 3 day they to be scan in I call to speak to my relationship manage the number allways busy .call to speak to someone in customer service they tell me to send the same documents i just send.NOW WE ARE WITH A DIFFERENT MORTGAGE PLEASE HELP ME!!!!!!!!!!!!!!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 70301
Submitted Via: Web
Date Sent: 2016-12-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In addition to the response from the lender/servicer, we were advised that the lender/servicer would take into account the documentation requested to increase our income. In addition, we provided documentation regarding the status of the SS XXXX claim for which my husband has counsel. Attached is the correspondence from them, claiming permanent XXXX income for my husband, which is pending hearing. In addition we forwarded to our counsel on the foreclosure case, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, the response of the lender/servicer directing us to contact XXXX XXXX, XXXX, This response was also given to you on our previous complaint case # XXXX. Our attorney attempted to communicate with said attorney, with no response back from her regarding the review of our loan modification application. In the last few days, we found out that XXXX XXXX had not been returning the correspondence, and telephone inquiries, as she was not longer with the Plaintiff 's law firm, and new counsel has been assigned. My husband 's condition has worsened, and the claim for permanent XXXX is pending before SS and is based on my husband 's prior income. We are certain that with my additional income, and my husband 's XXXX that we will qualify for a loan modification. We have not been given a fair opportunity to make proper application and the documentation of my increased income has been ignored by the lender, and each time proof is submitted, the increases are subracted, rather than added to the total income amount. We believe that our application has not been given fair review, and we are filing this complaint. The trial date we have of XX/XX/2016 needs to be postponed to provide adequate time for a fair examination of the income, for the increases of mine which I have provided, and for Social Security to determine the monthly permanent XXXX amount. Again, we were assured that the XX/XX/2016 denial would be reviewed with the documentation submitted to prove a greater income stream, which was previously ignored. This was the reason why they needed more time yet no such review was in process which meant they were not truthful to the court and to us. We need your help to be given a fair and honest chance to keep our homestead.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33181
Submitted Via: Web
Date Sent: 2016-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-12-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My wife and are currently in the middle of a loan modification work out with Select Portfolio Servicing. We have been resubmitting all of the same paperwork for the last two and a half years and we still ca n't get a closure from this lender. Now our loan is being transferred to a new servicer on XX/XX/2016 and SPS our current servicer put a foreclosure sale date on our property of XX/XX/2016. Hears the unethical business act that SPS is doing to us, we are currently in the loan modification workout dept. We really need help stopping our Foreclosure Sale Date on XX/XX/2016. We have followed every request and guideline from SPS and now we are going to lose our home because of the lack of knowledge and again the unethical business practice that SPS feels they can get away with and nobody will file a complaint.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91737
Submitted Via: Web
Date Sent: 2016-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-30
Issue: Account opening, closing, or management
Subissue:
Consumer Complaint: COMPLAINT TO CONSUMER This complain is against PORTFOLIO SERVICING due refusal to disclosed information regarding the supposed Investors of the fraudulent Mortgage Account # XXXX, Property : XXXX Fl XXXX. Select Portfolio Servicing falsely claiming to be Attorney in Law of supposed investors, base in fraudulent, suspicious, purported assignment mortgage, recorded on XXXX, is requiere under Section 6, The Real Estate Settlement Procedures Act ( RESPA ) to furnished investors information and principal office : To Servicing Bank : SELECT PORFOLIO SERVICING XXXX, UT XXXX Ref. : Select Portfolio Servicing Acc # XXXX Property : XXXX Fl XXXX NOTICE TO DISCLOSE INVESTORS INFORMATION The undersigned, pursuant Section 6, The Real Estate Settlement Procedures Act ( RESPA ) request Select Portfolio Servicing, Inc., to produce/disclose the following information : 1. Release Name and Headquarter Address of the supposed Investor of the Mortgage Acc # XXXX. 2. Release XXXX BANK, XXXX, As Trustee 's representative name, in authority to handle decision/legal action on subject Mortgage signed by XXXX on XX/XX/XXXX. 3. Release, but not limited, any assignment officially recorded by XXXX. to XXXX or any other institution, previous of the purported one recorded on XXXX by crooked and disbarred lawyer XXXX and XXXX. Pursuant Section 6, The Real Estate Settlement Procedures Act ( RESPA ) Select Portfolio as the servicing bank handling this account, is required to disclose and release the above-referenced and inquired documents. XXXX, Fl XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2016-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On numerous occasions I have sent Qualified Written Requests ( QWR ) to Select Portfolio Servicing ( SPS ) for them to prove they have written authorization via a valid Pooling and Service Agreement or via a Certified Assignment submitted to the XXXX County Recorder 's Office that they legally and lawfully were assigned as servicer to an alleged note attached to my property by investors of XXXX XXXX Mortgage-Backed Security. SPS was also required explain why they sent me two different Deeds of Trusts to the same property with one dated XXXX XXXX, 2004 that was obviously altered by someone and also contained forged signatures and initials.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90043
Submitted Via: Web
Date Sent: 2016-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes