Date Received: 2016-11-08
Issue: Taking/threatening an illegal action
Subissue: Threatened to sue on too old debt
Consumer Complaint: To Servicing Bank : SELECT PORFOLIO SERVICING XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Select Portfolio Servicing Acc # XXXX Ref : Property : XXXX XXXX XXXX XXXX XXXX, Fl XXXX NOTICE OF STATUS OF LIMITATION AND VOID MORTGAGE LOAN In response to your inappropriate, harassing and misleading letter of " Notice of Default '', dated XXXX XXXX, XXXX, Select Portfolio Servicing Inc. ( SPS ) assert The mortgage is defaulted as a result of a failure to make payment as require by the Deed of the Trust of Mortgage ( Security Instrument ). Also, it threaten homeowner to foreclose, under fraudulent conditions intended to commit fraud and mislead. This Notice of Default has several violations : Be aware that you letter of " Notice of Default '' failed to establish the date that mortgage get defaulted. Our Records show that Mortgage was default on XXXX/XXXX/XXXX. It mean you are in violation of the Status of Limitation. Exhibit 1 As lenders know, Florida has a five year statute of limitations for mortgage foreclosures. Threatened to sue me on debt that is too old to be sued on. Select Portfolio Servicing Inc, s Notice of Default constitute a violation of Debtor Discharge. Bankruptcy Discharge prohibits against attempts to collect discharged debts, including lawsuits, demand letters and telephone calls. " The Default ... This letter is a formal demand for payment. '' XXXX XXXX XXXX XXXX started recently XXXX ( XXXX ) instant foreclosure action XXXX and XXXX style XXXX XXXX XXXX as Trustee that were dismissed. Those Wrong Foreclosure were brought using bogus, purported assignment and false billing statements to mislead homeowner and justice. Exhibit 2 On the fact, claims of fraud, the victim has the choice of seeking either to affirm the contract and claim money damages, or claim rescission. Therefore, a party seeking to avoid the obligation under loan documents must pursue a remedy of cancellation. XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ) SPS claim to act on behalf of its investors XXXX XXXX XXXX XXXX AND XXXX, with has been in criminal activities of fraudulent billing in connection of this disputed mortgage. Recently, XXXX XXXX XXXX has closed all doors to correct and fix fraudulent over charges after transferring the servicing to SPS, on XXXX XXXX XXXX for more than {$20000.00} dollars of fake charges. The undersigned, pursuant Section 6, The Real Estate Settlement Procedures Act ( RESPA ) Select Portfolio Servicing , Inc., have also failed to produce/disclose the following information : 1. Release all charges regarding Acc # XXXX from XXXX XXXX, XXXX to XXXX, but not limit records of Attorney fees, legal charges of Foreclosure # XXXX, property inspections, maintenance and others charges. A third attend to foreclose and harass homeowner of the above property after XXXX ( XXXX ) dismissed previous foreclosure actions on XXXX and XXXX using purported and fraudulent Assignment Mortgage will be prosecuted. Also, any lawyer working on behalf of SPS and its criminal activities will be reported to Florida Bar. In other hand, Mortgage Loan on the reference above property was rescinded on XXXX, followings notice were given XXXX and XXXX to the servicing banks XXXX XXXX XXXX, Select Portfolio Servicing and XXXX as recorded in Official Record in XXXX County, Florida. There is not mortgage to foreclose. For SPS best interest and its " supposed investors '', it better SPS and XXXX XXXX XXXX return release Mortgage Loan and return the Note to the homeowner or pay for all damages cause for those malicious prosecutions falsely claiming third party interest. XXXX XXXX XXXX XXXX XXXX XXXX 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: 2016-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I DEMAND THE REDACTION OF THE FORECLOSURE OF MY HOME SCHEDULED FOR A NON JUDICIAL FORECLOSURE ON XX/XX/2016 THE DOCUMENTS TTHEY ARE TRYING TO USE ARE FRAUDULENT, THEY DO NOT HAVE THE CORRECT NOTE OR DEED THE DEMANDED FORECLOSURE AMOUNTS DIFFER FROM SPS AND XXXX -LENDER DOES NOT EXIST ON THE DOCUMENTS THEREFORE I DEMAND THE NAMES AND CONTACT INFORMATION ALONG WITH A DESCRIPTION OF THE SECURITY SOLD, THE ASSIGNMENT MADE, AGREEMENTS SIGNED, BETWEEN ALL OF THE MORTGAGE BROKERS,, MORTGAGE AGGREGATORS, INVESTMENT BANKERS, RETAIL OR OTHER SELLER OF SECURITIES AND THE INVESTORS WHO PURCHASED THE SECURITIES. This will be the third attempt by Select Portfolio Services and XXXX to illegally foreclose- The notice was recorded XX/XX/2016 and I was notified XX/XX/2016 sale date is XX/XX/2016 the following are just some of the actions taken by SPS towards me all of which were designed to take my home and NONE of which to help me stay in my home of 18 years - SPS was notified of my hardship soon after my husband passed away and they have preyed on my situation never intending to help. XXXX ABUSE VIOLATION OF TRUTH IN LENDING ACT Failing to grant me a HAMP loan modifications after the successful completion of trial period plans Repeatedly requesting the same documents and financial information " Losing '' documents Purposely imposing " obstacles '' in the evaluation process to delay or prevent me a permanent loan modification Misrepresenting the status of my loan modification application Failing to keep accurate records on my accounts, which include information on fees, payments, credits, debts, etc. Failing to evaluate my eligibility for permanent loan modification in a proper and timely manner Failing to provide account information as I requested Increasing my debt obligations Failing to apply payments properly Breaching my trial period plan contracts Unlawfully proceeding with foreclosure despite my compliance with the contractual obligations of their trial period plans
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 934XX
Submitted Via: Web
Date Sent: 2016-11-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-04
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Dear SPS, Per email received below from Alleged owner as stated by SPS - please respond to email as there is a number to contact provided as well as I have providing your information to XXXX XXXX Bank. XXXX XXXX bank is confirming they are not the owner of any note. Who is the actual beneficiary of payments and or foreclosure? SPS - Response to who is the owner of the note Noteholder In your inquiry, you requested clarification regarding your noteholder 's identity. XXXX, XXXX XXXX, as trustee, on behalf of the holders of the XXXX XXXX, Mortgage Pass-Through Certificates, XXXX XXXX is the noteholder of the account, and SPS is the mortgage servicer. As the mortgage servicer, SPS is authorized to collect all payments and administer the terms of the note and security agreement. Questions or disputes regarding the account and any request for mortgage assistance should be directed to SPS in order to ensure a timely response and resolution. XXXX Response - below Thank you for your recent correspondence. As per our database, you will need to contact the servicer for the address ( es ) listed in your email. The servicer info is as follows : Servicer : XXXX XXXX XXXX XXXX, Master Servicer Phone # : XXXX XXXX ( option XXXX ) / XXXX The servicer is the direct and only contact who would have the information you are seeking. XXXX XXXX is not an investor but a Trustee and therefore does not physically own the loan or the property. XXXX XXXX does not have any say in how the property is disposed, loan modifications, etc. This is the responsibility of the Servicer. If you were referred to XXXX XXXX by XXXX XXXX XXXX, please provide the name of XXXX XXXX XXXX representative for our records. Thank you for contacting XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX - Mortgage Backed Securities Fax XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-11-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We represent XXXX XXXX XXXX regarding a foreclosure. While we represent XXXX XXXX in his foreclosure, he has been attempting to modify his loan and has had a complete package submitted with the lender for over a year. The lender has come up with every excuse not to properly review XXXX XXXX and has now refused to even ask the Court to continue a trial, in which the Plaintiff is seeking to obtain a judgment against XXXX XXXX in complete and utter disregard for 12 CFR 1024.41 ( g ) ( " a servicer shall not move for foreclosure judgment '' ). Recently, notwithstanding a review which has been going on for over 18 months, with updated documents being sent every time they are requested, SPS requested a XXXX to be submitted. This is one of the first documents required, so their requesting this document over a year into the review is a bit shocking. Nonetheless, on XXXX XXXX, 2016 the document was faxed to SPS. SPS has completely disregarded the requirements that the CFPB specifically enacted to deter behavior such as the behavior of SPS regarding this modification " non '' -review. Below is a brief background over the last few months ... 1. After being in review for a modification for over 18 months, on or about XXXX XXXX, 2016, SPS requested a copy of the Defendants ' profit and loss statements, and the documents were sent within ten days of the request. 2. On XXXX XXXX, 2016, SPS acknowledged receipt of a complete application to review the Defendants. 3. Notwithstanding SPS acknowledging a complete package eleven days prior, on XXXX XXXX, 2016, a new request for information was sent by SPS. 4. As XXXX has done for over eighteen ( 18 ) months, the Defendants immediately complied with the request and the responsive documents were immediately sent to SPS. 4. On XXXX XXXX, 2016, Plaintiff 's counsel advised that a checkbox on the XXXX was incorrect. While this is one of the first documents SPS should have reviewed several months ago, they shockingly requested this document be corrected less than 35 days after acknowledging a complete package. 5. Nonetheless, as the Defendants have done for several months, upon receipt of this newly requested information, Defendants submitted the information to SPS. 6. Additionally, on XXXX XXXX, 2016, SPS confirmed a complete package.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33126
Submitted Via: Web
Date Sent: 2016-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I applied for a loan modification which has been in progress for some time now, with select portfolio servicing, i have spoken to them in the month of XXXX, XXXX on XXXX XXXX. XXXX XXXX. XXXX and XXXX /16 regarding varies requested documents that were sent in and received the last person i spoke to was a XXXX XXXX XXXX on XXXX about XXXX ; XXXX in the afternoon, i was told that they had everything in that was needed, at no time was there ever mention that some thing was wrong or there was something missing, well today i got a letter stating that my file was closed because of missing documents and my home is set for sale on XXXX/XXXX/16. I really dont know what kind of games these people are playing nobody said anything to me about this all the times i called, they never called to say nothing just like that they closed the file, and the excuse was and they waited until a few days before the sale to tell me was my non borrower income provider didnt prove that he lived in the property even with a telephone bill, electric bill and a bank statement with his name and our property address on it select portfolio is full of it, this is nothing but XXXX, to take my home they make XXXX XXXX look like XXXX. ps I also included the dated letters they sent to show they are liars they never said nothing about the documents!!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92881
Submitted Via: Web
Date Sent: 2016-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: my loan was sold in XXXX from XXXX to SPS ( XXXX ; XXXX XXXX XXXX ) IT HAS BEEN A MESS IN THA I HAVE SUBMITTED EVER Y SINGLE DOCUMENT THEY HAVE ASKED FOR PAST TWO YEARS PROBABLY OVER 40 TIMES YET THEY KEEP ASKING FOR SAME THING now I find tha they might not be legal owners of mortgage and have no standing in foreclosure case filed by XXXX in XXXX.They r not licensed mtg company in Illinois!! There r many cases on XXXX blog regarding SPS specifically in flordia where many cases have been dismissed and reversed because of SPS ILLEGAL ACTIONS.my next court date is XXXX at XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60142
Submitted Via: Web
Date Sent: 2016-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am trying to short sell my house but the attorney representing the servicer ( SPS ) will not allow a short sale. We did receive all the paper work and online access to file the required documents and have an executed contract for a short sale but law firm is blocking it. I am also seeking relocation funds.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 334XX
Submitted Via: Web
Date Sent: 2016-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I 'm recently divorced I 've been requesting a mortgage modification with the mortgage company Select Port Folio. they are in the process of reviewing the mortgage for the modification. I received a property foreclosure notice for XX/XX/2016 while my loan is under review..
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38018
Submitted Via: Web
Date Sent: 2016-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-11-01
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We received a letter dated XXXX XXXX, 2016 from SPS Select Portfolio Servicing. The letter ( attached ) stated erroneously that SPS is the mortgage servicer of their referenced account. It identified a new Relationship Manager as XXXX XXXX. This complaint is to reject the letter and to report the letter as improper communication due to the following : On XXXX XXXX, 2016 a complaint was submitted as # XXXX to the CFPB because SPS illegally threatened legal action. The SPS response was disputed. SPS was informed that we refuse to pay the alleged debt in a letter dated XXXX XXXX, 2016. We specifically demand that SPS cease communication with us and that the account be terminated. There is no loan to be resolved. FDCPA 15 USC 1692 ( c ) CEASING COMMUNICATION -- If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. Again we specifically demand that SPS cease communication with us and that the account be terminated. There is no loan to be resolved.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 105XX
Submitted Via: Web
Date Sent: 2016-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-10-31
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I received a Notice of Default and Right to Cure from Select Portfolio Servicing, addressed to me, instead of my attorney, dated XXXX XXXX, 2016, and received on XXXX XXXX,2016. This letter will be furnished to CFPB, upon request. This is Improper Contact, for the THIRD TIME with me ; see Former Complaints to CFPB by me and my attorney. In their last response to CFPB, they stated they would not contact me instead of my attorney. Obviously, they feel they are above Consumer Financial Protection Laws, and fear no consequences. My resolutions to this Complaint is that they, SPS, 1. contacts my attorney, instead of me, and 2. that SPS immediately stops alleging that XXXX XXXX is the Trustee on this fraudulent loan. XXXX XXXX is currently involved in a lawsuit and investigation brought!. by the United States Department of Justice, concerning their fraudulent loans.
Company Response: Company believes complaint is the result of an isolated error
State: KY
Zip: 40502
Submitted Via: Web
Date Sent: 2016-10-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No