Date Received: 2016-11-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Over the course of the past 4.5 months, I 've become aware of the clear facts that Select Portfolio Servicing , Inc., the new mortgage servicer on my mortgage, evidently believes that Federal laws that govern the transfer of mortgage debt are merely 'suggestions ' and not actual law. Here are XXXX specific examples : 1. On or about XXXX XXXX, 2016, I received the attached " Service Transfer Notice '' from SPS alerting me to the fact that my loan was being transferred to SPS, effective XXXX XXXX, 2016. As you know, according to the Fair Debt Collection Practices Act 1692-1692p, specifically 809 - Validation of debts section ( a ) Notice of debt, SPS is required to send me within FIVE days after the initial communication with a consumer in connection with the collection of any debt, a written notice containing containing relevant information about the alleged debt. That subsequent letter, called a 'Verification of Debt ' letter, was not sent by SPS until XXXX XXXX, 2016, which was more than 2 weeks after the original communication, and well beyond the statutorily-required 5 day period ( see attached ). 2. In addition, Federal law clearly requires that SPS disclose the name of the current CREDITOR since it was allegedly different than the original creditor. As of today, after 4.5 months and repeated attempts on my part to obtain the name of the original creditor, SPS has failed to provide that information to me, and instead, has tried to deflect answering the direct question by absurdly identifying XXXX XXXX, Trustee, as the 'Noteholder ' of the debt. However, in making that obviously false claim, SPS has : a. Completely and intentionally mis-stated my written request that clearly asked SPS to identify the name of the CREDITOR, and said nothing about providing the identity of the 'Noteholder ', as SPS falsely claimed. b. As you know, 803, part 4 of the Fair Debt Collection Practices Act defines a creditor as one to whom the debt is owed and does not include one to whom the debt has been transferred to solely to collect a debt following a default, which is what SPS is alleging occurred, making the title of " Creditor '' impossible as it relates to XXXX XXXX. c. Further, XXXX XXXX has stated in writing that it is 'merely the trustee for the Trust which owns the mortgage and note on this property ', and goes to say that 'the Trust is the owner of the mortgage and note, not the trustee ( see attached letter from XXXX XXXX ) . 3. As you know, Federal law requires that SPS provides the name of the original CREDITOR as part of the Validation of Debt process. Accordingly, I requested in writing that SPS provide me with the name of the original creditor, and instead, the mis-stated again my request by changing the term to " Lender '', which may or may not be the actual creditor, also known as the person with a 'pecuniary ' interest in the loan. I requested from SPS to receive an affidavit stating the true identity of BOTH the original and current creditor, and to date, SPS has not provided either one. I realize that the CFPB is not an 'enforcement ' agency, but changes need to be made in the process that allows a mortgage servicer to simply ignore the law of the land, and worse, pretending it is following it by providing sham answers that rely on twisted definitions of clearly defined words. In the most recent correspondence from SPS, XXXX XXXX XXXX states that he 'consider ( s ) this matter resolved ''. Nothing could be further from the truth since I still do not know who the original creditor was, nor do I know who the current creditor is.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 44406
Submitted Via: Web
Date Sent: 2016-11-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On XX/XX/2016 I submitted my XXXX complaint against Select Portfolio Servicing ( SPS ) and n - Due to fact that they need to respond within 15 days. The following sequences of events by SPS occurred from XX/XX/2016 to XX/XX/2016. I have also included documents that were sent by Select Portfolio reflecting this same time period. XX/XX/2016 I submitted my XXXX complaint re : The demand to produce legal verification of Assignment due to continuous incorrect information, ( deeds, notes, etc ) and inconsistent amounts, Wrongful foreclosures ( XXXX have been postponed or cancelled, Multiple unethical and fraudulent procedures, as well as elderly abuse and many more issues. Along with that complaint I sent numerous supporting documentation which was passed along to SPS as part of the CFPB protocol. XX/XX/2016 I checked foreclosure website provided to me and the sale was still set for XX/XX/2016 XX/XX/2016 I checked the website and the foreclosure had been postponed 30 days with the reason stated : Beneficiary request XX/XX/2016 Received XXXX separately mailed letters dated same date XX/XX/2016 from SPS 1 ) Acknowledging the receipt of the complaint and written response to be provided by XX/XX/2016 ( enclosed ) 2 ) Notice stating they are responding to our request on name of owner of note-this was not the question and we have recieved this same notice in the past but it has not been sent to CPFB XX/XX/2016 Received notice from XXXX ( Company hired by Select Portfolio and? lender to do foreclosures ) that foreclosure was postponed to XX/XX/2016- ( enclosed ) XX/XX/2016 I recieved a call from XXXX XXXX SPS ombudsman department at XXXX from phone number ( XXXX ) XXXX - she stated that she was calling to inform me that she was requesting a 60 day extension on the foreclosure due to the complexity of the complaint - I had to stop her and advise her I COULD NOT TALK AS I JUST LOST MY SON. Literally I had just found out my son was deceased, and I was XXXX-I asked her if I could call her back the next day which would be XX/XX/2016 she stated of course and was very kind and compassionate she gave me the # to call her at XXXX then press # XXXX she was there Mon-Fri XXXX. XX/XX/2016 I called the above ref # and hit # XXXX and was connected to XXXX in the Sps Obudsmen Department. I asked for XXXX XXXX he asked for my information brought up my account asked to record the conversation of which I agreed- he then said he would check for XXXX- I was placed on hold numerous times which was ok however he said XXXX was not available -I advised why I was calling her back and he then told me that XXXX did not call me that I called in-When I quickly corrected him and advised of my situation he stated his condolence 's and asked to put on hold to see what he could do- he came back and asked what I wanted- was it a modification -what did I plan on doing-Needless to say I was taken back as I have been in this nightmare loop for over 2 1/2 years with these people and have done everything they demanded and still they have attempted to foreclose 2 previous time and now a 3rd attempt -I explained all of this as well all the other horrible issues I have gone thru with them-he asked to put me on hold again -he came back to tell me modification would not work and no hamp -I quickly advised I have XXXX units and I do qualify and he said OH! He then put me on hold again and came back and said the only thing he could offer was : " Non home retention options, We can assist you to receive up to {$10000.00} in relocation assistance. '' I was so disgusted I advised no I would not agree - I then clarified XXXX XXXX postponing 60 days forclosure and hung up They know ofmy husbands death ( original hardship ) My sons death ( 2 DAYS AGO ) hand over home for " CASH FOR KEYS '' lose my husband then my son and my home- will they be using my heartache to buy time to answer CFPB? i do n't think they can answer
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 934XX
Submitted Via: Web
Date Sent: 2016-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have a mortgage that was with XXXX XXXX XXXX. It has been sold around. I lost my job and then found another job. I tried to get a loan modification. Each time I was denied for bogus reasons. Now my loan is with SELECT PORTFOLIO and they are doing the same thing. Denying me a modification. My home was almost paid for and now they are adding balances and fees from everywhere. I requested validation of the debt and my payment history from SELECT PORTFOLIO, UNDER THE LAW OF THE FDCPA. I NEVER RECEIVED ANYTHING FROM THEM, YET THEY ARE THREATING TO FORECLOSE ON MY HOME. SELECT PORTFOLIO IS NOT ON MY PROMISARY NOTE OR DEED. IT IS LISTED WITH XXXX AS THE BENEFICIARY. A LOT OF MY FULL PAYMENTS WENT UNREPORTED. THIS IS WRONG. PLEASE HELP ME
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77049
Submitted Via: Web
Date Sent: 2016-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: PART ONE Select Portfolio Servicing, Inc. has continued to violate Consumer Rights Laws, the Federal Trade Commission Act Section 5 : Unfair or Deceptive Acts or Practices ( See Federal Trade Commission Act.pdf ), and 15 U.S.C. Sec. 1692c, 1692d, 1692e, 1692f, 1692g of the FTC Fair Debt Collection Practices Act ( See Fair Debt Collection Practices Act.pdf ). SPS has falsely advertised and marketed the Making Home Affordable Act and other loss mitigation options ( See False Advertising and Marketing.pdf ). SPS has used both affiliates ( See bottom of page XXXX, Affiliate Business Disclosure : spsaffiliate.pdf ) and non affiliates, with whom SPS has a joint marketing agreement, as debt collectors who use this as an egregious and illegal method to foreclose on my home to collect a debt. The CFPB needs to immediately establish who the affiliate companies are that SPS is related to by common ownership or control for whom Consumer Ombudsman Specialist XXXX XXXX, Customer Advocate XXXX XXXX, and others act as debt collectors. These debt collectors are not an exception as it pertains to the Fair Debt Collection Practices Act. The CFPB also needs to immediately establish the true name of the debt collector responsible for sending me the Required Information Notices who harassed me for two years with oppressive requirements. This is a third party non affiliate who is not an exception to the FDCPA. Even after restricting SPS from sharing my personal information with this debt collector, she continues to use the very same illegal methods under the name XXXX XXXX. ( See Latest Debt Collector.pdf ). XXXX transferred my mortgage loan to Select Portfolio Servicing , Inc. effective XX/XX/XXXX but SPS did not send me notice of my right to limit the sharing of my personal information and did not tell me how SPS collects, shares, and protects my personal information ( as required by both federal and state law ) for over three years until XX/XX/XXXX. ( See Sharing Personal Information.pdf ). I had to compel SPS to comply with federal and state laws by filing XXXX meticulously well documented complaints with the Consumer Financial Protection Bureau. However SPS continues to service my loan even at the Ombudsman level as a debt collector ( See SPS XX/XX/XXXX ). By process of elimination this is the result of information about your transactions and experiences as part of the affiliates every day business purposes. ( See page XXXX : Sharing Personal Information.pdf ). Consequently the affiliate 's everyday business purposes include debt collection. SPS exploits corrupt laws that provide exception to " any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts. '' Notwithstanding this exclusion, the term " debt collector '' includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts ( See pages XXXX-XXXX : XXXX ). Therefore the exception does not apply to creditors who use third party debt collectors as third parties are not an exception. The exception only applies to creditors who do not use third party debt collectors. Creditors include those who have obtained debts that were not in default ( See page XXXX : XXXX XXXX XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92037
Submitted Via: Web
Date Sent: 2016-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On or around XXXX XXXX, 2016 I received a letter from XXXX XXXX XXXX ( my mortgage servicer at the time ) stating that my loan would be transferred to SLS on XXXX XXXX, 2016 and I would receive information about my new loan number, accounting details and mortgage coupons. On or around XXXX XXXX, 2016 I received a letter from XXXX XXXX XXXX a foreclosing attorney dated XXXX/XXXX/2016 stating that SLS was going to foreclose on my home 19 days after the loan was allegedly transferred to XXXX. Which enlisted an amount of {$800000.00} which was a different payoff from the amount due prior to XXXX XXXX XXXX transfer of loan. I want proof that SLS is the current servicer of my loan. I want proof of accounting from SLS and XXXX. I want to know why I was denied the right to pay my loan, offered a loan mod, deed in lieu, or short sale prior to sending the loan into foreclosure as required by law. Especially when your loan was transferred to a new servicer and sent into foreclosure less then 30 days from the alleged transfer. I want XXXX and SLS to cease debt collection practices until they can prove that SLS is the actual and current servicer, accounting details, a mortgage coupon, current pay off and payment 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: 2016-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-16
Issue: Settlement process and costs
Subissue:
Consumer Complaint: XXXX XXXX I was fraudulantly foreclosed on and have a judgement in the XXXX district court house XXXX by Bank of New York!. I assume forgery involved and the person may have even appeared in court. I never even got a late notice from my lender and the laws are 90 day notice for sale of mortgage and under the same terms!. My lawyer XXXX in the XXXX XXXX office witnessed the mortgage I signed my bank requested him! XXXX, XXXX. XXXX and I had forwarding mail and all in XXXX! Even the tax office knew my new address!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 338XX
Submitted Via: Web
Date Sent: 2016-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-17
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: XXXX XXXX was trying to retrieve an original copy of his modification papers from his loan company SPS. According to SPS when they purchased the loan from XXXX. XXXX did not give us any paperwork because one of their reps said ( and its voice recorded ) it got loss! They were also saying that this loan was a verbal agreement but XXXX XXXX never had the opportunity to make any type of agreement with them. They modified the loan without his authorization. Indeed I was recovering from XXXX at the time of the modification. Now we are trying to get the paperwork because we qualify for a better loan elsewhere but SPS is saying they do not have ANY " Terms or Conditions '' or any paperwork on us at all! My question is since they DO Not have any terms or conditions/paperwork on us then I feel we do n't owe them anything so therefore they need to release us from this non existent contract, what can we do?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: KS
Zip: 661XX
Submitted Via: Web
Date Sent: 2016-11-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-15
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: ON THE ADVICE OF MY ATTORNEY, I AM FILING ANOTHER COMPLAINT REGARDING THE SERVICING OF MY LOAN. IT APPEARS THAT SPSERVICING IS STATING THAT I DID NOT MAKE MY XXXX PAYMENT, HOWEVER ON XX/XX/XXXX THEY RESPONDED TO YOU THAT MY LOAN WAS CURRENT AND ONLY DUE FOR THE XX/XX/XXXX PAYMENT. THEY ALSO CLAIMED THAT THEY WOULD FIX MY CREDIT AND ALSO APOLOGIZED FOR ANY INCONVIENCE THEY CAUSED ME IN THE YEAR OF XXXX. HERE I AM AGAIN TRYING TO GET SOME HELP TO GET MY MORTGAGE AND CREDIT FIXED. WHEN I CALL, I AM TOLD THAT MY XX/XX/XXXX PAYMENT WAS NOT MADE. I WAS ALSO TOLD THAT SPSERVICING HAS BEEN REPORTING ME A ROLLING 30 DAY LATE ON MY CREDIT REPORT. I AM ALSO FILING A WRITTEN COMPLAINT AND SENDING IT DIRECT TO MY HUD OFFICE. I HAVE NUMEROUS COMPLAINTS ON FILE AGAINST THIS SERVICER. I AM ATTACHING PROOF THAT MY XX/XX/XXXX PAYMENT HAS BEEN MADE AND THAT MY XX/XX/XXXX PAYMENT HAS ALSO BEEN MADE. PLEASE REFERENCE XXXX TO BETTER UNDERSTAND WHY I AM FILING THIS COMPLAINT.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2016-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been remodifying my loan for 4 years and it has continually been found short of documents, out dated documents or missing documents as well as now needing MORE documents. Intentional manipulation of paperwork submitted is blatant. I have pleaded with them to not sell my home and made a deal with them to have all primary documents needed to them by XX/XX/XXXX for them to start the underwriter process as well as any additional documents they may need. My attorney noted that it appears their intention is not on the up and up and the house is again back on the auction block for XX/XX/2016. there is no time for them to do what they need to do to approve this modification by XX/XX/2016. It appears a rubber stamp denial is already in place. they have filed a XX/XX/XXXX response date, which they have not, as of yet, informed me of and what it entails. Again, I see deception going on as has been going on before. They have broken into my home on three occasions and left the security features damaged or open to vermin, vandals and weather. I have requested a cease and desist and reimbursement for the damages and it has been ignored. I have lost three years of tenants due to sending my tenants monthly 'auction ' sales notices as we go throiudht is weird 'dance '. I have lost them, the {$2800.00} a month revenue from them and the cost to take them to court to retrieve this lost revenue with no success. They reference the letters stating the house is sold and were told by the SPS legal counsel to stay in the home until SPS tells them to leave. Thus the reason for no rent. This is their statement ( to the mediator present ) in court. I feel that right now they are intenting a rubber stamp '' FAIL '' on the home. I have a XXXX XXXX XXXX on it with numberous Stock holders attached and I was just informed that they will not be reducing the 7.44 % interest rate due to these investors. This is not right and is intentional. No one has informed that that the 7.44 % will remain until I spoke with an Ombudsman last week, and all this because disclosed to me, as well as I can e-mail all info to them as opposed to the express mail I have been using ( express due to the fear factor that they convey of urgency all these years of doing this. I need solid and honest support at this time. Your help is appreciated.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: HI
Zip: 96792
Submitted Via: Web
Date Sent: 2016-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Today is XXXX XXXX My mortgage server is Select Portfolio. In the last 6 months I have followed there direction and listened to them tell me that my Loan status is in review. I have faithfully spoken to them every week to see if they needed any additional documents or just to give me an update on the status. Every week its the same answer that I am in review they have all necessary documents and I just need to be patient. All I wanted is to save my home and I believed that the representatives from SPS wanted to really help me. Today I was served with foreclosure documents in the complaint it says that SPS forwarded my account to there attorneys office on XXXX XXXX, which means they never had intentions to help me. I called the law firm that represents them they told me there client never had intentions of helping me and laughed. I called the bank this evening and Spoke with a representative and he said to me that he felt terrible and after reading the notes on my account he cant believe that SPS did this to me.The he asked me if I could up load my legal documents to him so he could see them. I know what this bank has done is deceitful, they mislead me for months so that they could turn around and take the home away from me. What I did wrong was to trust Select Portfolio.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 070XX
Submitted Via: Web
Date Sent: 2016-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No