Date Received: 2016-10-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Hello My wife and I filed bankruptcy and have been out bankruptcy for over a year now. However our loan on or Mortgage being serviced by Select Portfolio Servicing says the following : " Our records indicate that your obligation has either been discharged or is subject to an automatic stay order the United States Bankruptcy Code. Even though your personal liability on the note may be discharged or subject to an automatic stay, the terms of the mortgage remain in effect and the owner of the mortgage, as a lien holder, continues to have a lien on the real property. '' After repeated calls to SPS they told us that we needed to re-affirmation letter while we were in bankruptcy in order to change the status of our lien. For the last year we were unaware that SPS and previous Mortgage servicing company XXXX bank had kept us in this protected category. Basically keeping us in their " debt collection status '' Both XXXX and SPS when we called for assistance have said on their recording " you have reached the debt collecting department attempting to collect a debt '' When we called SPS our current servicing company they said " We will always be in the debt collection status because we needed to have a " Re-affirmation letter of debt while we were in bankruptcy '' within the last 12 months of making payments on our mortgage they have not recorded any of the payments to the credit agencies and this has caused issues for our credit reports as well as wanting to refinance our loan. We are current on our loan and all payments. From our Bankruptcy lawyer : Hi. It is a total lie that assistance on a mortgage is linked to re-affirmation. In fact, the federal regulations preclude this. To refresh your memory we do n't re-affirm mortgages. Only personal property ( a car, a boat etc ) is subject to re-affirmation. In fact, some Judges have suggested that re-affirming a mortgage is malpractice if supported by an attorney. What we do with mortgages ( and you DID DO ) is file a Statement of Intention to retain the property ( pay ). This should be in with your records and can also be pulled from the bankruptcy court 's electronic website. If you are having this trouble I strongly suggest that you file a complaint with the federal cfpb. It is super easy and done entirely online. The mortgage company ( or more likely the assigned rep ) is just taking a bogus position in so far as what you are relaying. XXXX We are looking for help and hope that your department can place pressure on Select Portfolio Servicing , Inc to follow the rule of law. We are tired of receiving bogus and inflammatory mailing every couple of weeks from them keeping us in the " debt collection department '' and ruining our credit. Thank you
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94547
Submitted Via: Web
Date Sent: 2016-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-04
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: yes almost had XXXX fires in my house due to electrical my home was inspected by the loan company they said the electric was safe i had a professional electrician come in and said it should of never passed the banks inspection
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 13440
Submitted Via: Web
Date Sent: 2016-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This is my fourth complaint. I have spoken with XXXX who talked with XXXX to get a loan modification back in XXXX. My loan was modified XXXX XXXX. This modification include the amount in arrearage plus foreclosure fee, Lawyer fees. When I field chapter XXXX in XXXX XXXX I was behind XXXX, XXXX, XXXX which is the month I field the chapter XXXX. It was stated that I owe XXXX. I only owe XXXX which was XXXX, XXXX and the current month XXXX at the time. The proof of claim was incorrect and I told my lawyer that it was.The Fees, cost was include in the loan modification XXXX XXXX, XXXX per XXXX. Me and my Lawyer have been going back and forward with SPS for some time now. When a modification is done it include Fees, cost and pre-petition payments. Even there lawyer have stated that I only own them the XXXX payment plus whatever I got behind on in the chapter XXXX. We filed a Final Cure Notice indicating the proof of claim was in correct. Because my case was converted to a chapter XXXX on XXXX XXXX, XXXX the motion was withdrawn. Since then we have been try to get this corrected. SPS is not giving the information to there lawyer. When the case was converted to the Chapter XXXX we still have not gotten the Reaffirmation from SPS. So the case Dischage date have been moved to XXXX XXXX, XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 711XX
Submitted Via: Web
Date Sent: 2016-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-10-03
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been going through foreclosure hearings this year, and it was decided XX/XX/XXXX that the sale date would be XX/XX/XXXX. I was offered a short sale on the property XX/XX/XXXX, and SPS day on their hands, and did nothing up until a few days before the sake date, then it was extended until XX/XX/XXXX, however SPS decided to deny the short sale because of the original sale date. Thus company does n't care what they do to consumers. 4 months of sit ting on a short sale offer, only to deny it because of their own laziness.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32211
Submitted Via: Web
Date Sent: 2016-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-29
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: XXXX real estate accounts with Select Portfolio Servicing are reporting on all XXXX of my credit reports. Select Portfolio Servicing has continued to break the law and report inaccurately to the XXXX credit bureaus. They have violated the FCRA over and over again. In particular they have violated FCRA Section 623 ( a ) ( 3 ) and FDCPA 807 ( 8 ). They had 30 days to report that I had disputed their the accounts and after numerous letters to them it has only been in the month of XXXX that they added the dispute language. Well after receiving numerous letters from me, asking them to validate the debt. In addition, to the above egregious acts they continue to report the amount wrong, they keep re-aging the foreclosure and charge-off. I have NEVER received foreclosure documents or charge-off documents. Lastly, I was told today that my accounts had be transferred and they have no information that they can provide me with however, they have enough information to keep inaccurately reporting to the credit bureaus. I believe that their actions are egregious toward me and as a direct result should be removed from all XXXX of my credit reports. I have pulled reports without the dispute language and reports with the language. I 've reached out to all XXXX credit bureaus only to continuosly responded with scripted information. XXXX ignore my concerns, talk extremely rude to me and have refused to help me. Please help me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WI
Zip: 53045
Submitted Via: Web
Date Sent: 2016-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Hello, I am levying this complaint against SPS ( Select Portfolio Servicing ), as they are a loan servicer apparently acting on behalf of my actual note holder, in which they keep secret. My wife and I are in a state of stagnation with SPS, we have been pushing for a loan modification with SPS since XXXX 2016, we have been more than compliant. We have submitted every document they asked for multiple times. SPS has engaged in a relentless and classic form of stonewalling, and as they do so they are causing a serious financial dilemma for my family, as we have only been able to afford to pay the principle and interest. Here 's the scenario ; they 'll ask for a document, telling us that this is the last document they need, we always comply, then we here nothing, they go dormant. we contact them asking for the status of the modification, they 'll ask for some document they already received from us. SPS has a team of phone answering personnel who run interference for the so called underwriters, whom they claim are the problem ... they will never let us speak to the underwriters, Never! I have literally begged them for an viable answer, they know were sinking fast, so there must some sort benefit for them not to comply with us. Please help! I know we ca n't fight them alone, And I know we wo n't last like this. Currently with the payment were making the escrow is not being met, and its getting worse. I told this to SPS, they usually reply ; sorry ... PLEASE HELP US..
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 44120
Submitted Via: Web
Date Sent: 2016-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: SPS still has yet to respond to my Qualified Written RESPA Request sent via Certified Mail. In their recent response to me via the CFPB they claim that they sent the note and deed of trust. The PDF file contains a SECURITY INSTRUMENT signed by XXXX XXXX on XXXX/XXXX/XXXX related to XXXX XXXX XXXX XXXXXXXX XXXX. They lied again. Where is MY monetary instrument. Why did SPS attempt to collect payments and pursue foreclosure when XXXX clearly shows that pon XXXX/XXXX/XXXX the note was transferred to XXXX XXXX XXXX? XXXX Note XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX, XXXX XXXX Note XXXX Select Portfolio Servicing , Inc . XXXX XXXX XXXX, XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 02368
Submitted Via: Web
Date Sent: 2016-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX sold our mortgage to Select Servicing Portfolio and our first payment was to be sent to SPS by XXXX. Our payments were current when we were with XXXX but when the new company took over they stated we were a month behind. We sent the full payment to catch up the mortgage and they are still saying we are behind on our mortgage. We send weekly payments because my husband gets paid weekly. Before the sale our mortgage our payments were to be {$560.00} with XXXX and due XXXX but SPS is stating our payments are to be {$690.00}. They had our XXXX taxes as XXXX which was correct, until we requested a reanalysis, and SPS is claiming our XXXX taxes as {$1100.00} when they are only {$420.00}. New tax bills were submitted to them, at which time we asked for a Escrow Re-Analysis at which time they changed our XXXX tax amount to our winter tax amount but they are still claiming our winter taxes as {$1100.00}, which is over 4 times the amount they actually are. I have called several times and they refuse to get the tax information corrected. Please help us
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 49601
Submitted Via: Web
Date Sent: 2016-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My mortgage was bought out by Select Portfolio Servicing & for a while everything was fine. I lost my job and was able to get a modification with SPS. When I had storm damage which my homeowners insurance did n't cover as it was just below the 1 % deductible so I used my mortgage payment to fix some of the damages to the roof with my mortgage payment and I also I fell and broke elbow so I had medical expenses as well which I got behind on my mortgage payments. I called SPS and was told to apply for mortgage assistance as I just wanted to pay back my arrears in a payment plan so I was approved for to pay back at {$840.00} a month for a year. I was doing really well when XX/XX/XXXX, my air conditioner started leaking water into the unit and would n't drain. I called my homeowners insurance and it was n't covered since it was the coil and I would be responsible to repair it. I had barely got these news and I informed SPS about the situation explaining I could pay them a double payment XX/XX/XXXX when I received my student loan so that I could catch up my repayment plan and they said fine. On XX/XX/XXXX, the worst hail storm to hit XXXX XXXX and my home took a hit on the roof. I called my homeowners insurance and once again they denied my claim. I never got a reason why other than they would not fix my roof so I once again had to fix some of the roof so that I would n't have more damage to my home. I called SPS letting them know what happened and would send payment but it would be delayed as I had to make more repairs to the roof and they seemed understanding. I received a letter from SPS that my house was going into foreclosure. I immediately called them back and told them what happened. I asked ca n't I just send my mortgage payment and I will send more once I get my student loan? They would not accept my mortgage payment and would return it back to me. They informed me to apply for a modification. I told them I was happy with my mortgage payment but could n't they just apply the arrears to the end of my loan or let me restart my repayment plan? So I sent in the documents needed for modification, pay stubs, hardship letter, mortgage assistance, tax returns, budget, etc., only to be denied. They wanted {$5500.00} in order to get caught up and this amount included attorneys fees for putting my house in foreclosure! I told them I did n't have that kind of money but I could borrow from my student loan and give them half one semester and the other half the semester and they said No, they wanted the whole amount. I got with XXXX a non-profit that assists homeowners with their mortgage and they helped me in XX/XX/XXXX when I lost my job of 20 years and got my home modified with XXXX XXXX XXXX ( prior XXXX XXXX ) but I digress, they told me to fill out modification forms and they would submit to SPS. All of this was done and no response from SPS. SPS told me that XXXX needs to contact their relationship manager XXXX XXXX and XXXX told me they are supposed to contact them so I ca n't get them to communicate with each other. Once again, it was denied. When I spoke with SPS in XXXX, XXXX and asked why they denied the modification, they said it was due to income. How can that be when you approved a repayment plan at a higher amount of my mortgage on the same income submitted? They wanted me to work another job to get more income but I am going to school at night part-time to get a higher paying job. I asked them as I am borrowing student loan to also supplement my income as I ca n't work a second job while attending school could I put that down as income. He said yes and told me to reapply so I did as they asked, resent more documents again and it seems like I 'm getting the runaround. Yesterday that they denied my modification. XXXX provided a workable solution but they still said No! I do n't know what to do?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 78254
Submitted Via: Web
Date Sent: 2016-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Select Portfolio Servicing XXXX Inc., is the WORST company I have ever dealt with in life! Since XXXX, XXXX, I have been trying get the mortgage ( in my deceased father 's name ) lowered. I have consistently filled out paperwork, and sent in requested documents over and over again. ( I have those documents as proof along with dated receipt emails from Select Portfolio Servicing , Inc. ) My latest attempt has been to go online and request a modification/assumption ( or whatever the latest option ). However, I received a letter from Select Portfolio Servicing stating that my home would go into Foreclosure and up for sale on XXXX XXXX XXXX. I am attaching a letter I wrote to them in XXXX XXXX. It pretty much sums up the situation. I believe Select Portfolio Servicing has deliberately put me off, by loosing documents, and requesting them over and over again. I had an appraisal done on the home. I contacted them about it, they said it was no long valid because it was over 90 days! I did n't know that! They have done checks on my credit so much that I asked them not to do it anymore because they were Hard Hits! I have met with a XXXX XXXX XXXX to help me with my troubles. I feel somewhat of a relief, but I still have foreclosure hanging over my head. This mortgage company seriously needs to be investigated. I 'm sure other people are experiencing, or have experienced somewhat of the same thing.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 319XX
Submitted Via: Web
Date Sent: 2016-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No