Date Received: 2016-08-12
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: This is a Claim of continuous XXXX violations pursuant to FDCPA 15 U.S. Code 1692e - False or misleading representations, XXXX Unfair Practices, violations of XXXX Georgia statute of limitation and XXXX Section XXXX fraudulently naming a fictitious secured creditor to facilitate a unlawful non-judicial foreclosure : These violations require urgent attention by the CFPB Administrative Tribunal in that the continuous nature of the deceptive acts are in defiance of state and federal laws and regulations and is causing severe harm to us. 1. I incorporate by reference Complaint # XXXX as if stated verbatim herein, and ask this Administrative Tribunal to take Judicial Notice of the evidentiary Exhibits cited in paragraph XXXX of the referenced complaint. Whereas, SPS Inc. in its response to the Complaint cited above failed to deny, dispute or even mention the Exhibits proffered as proof that the account was charged-off and closed by XXXX on or before XXXX XXXX, XXXX, long before it was sold to SPS Inc. in XXXX. See XXXX ( charge-off ) then see XXXX ( account closed ), then see XXXX ( date relevant to when account was sold ). 2. SPS Inc. filed an electronic response with this agency on XXXX XXXX, XXXX, and also response to me by way of U. S. mail on XXXX XXXX, XXXX. The response included XXXX ( + - ) pages of loan account documents that are void by operation of law, thus irrelevant, immaterial and unenforceable, and can not be the bases for a non-judicial foreclosure. 3. the documents SPS Inc. sent in response to case # XXXX are void because the account was charged-off and closed by XXXX on or before XXXX XXXX, XXXX, as evidenced by the exhibits cited in paragraph XXXX of Compliant # XXXX. 4. SPS Inc. written response sent to me by way U.S. mail on XXXX XXXX, XXXX is meant to, and does exclude the CFPB from examining the Notice of Sale Under Power. Select Portfolio Servicing Inc. and XXXX XXXX, XXXX are using void, documents and instruments yet again, to make the representation and implication that seizure, attachment, or sale of our property in a non-judicial foreclosure sale is imminent unless a loan modification or short sale is agree too by us - although no security interest in our property exist. The unlawful foreclosure sale is scheduled for XXXX XXXX, XXXX. See EXHIBIT-L, SPS Inc. ( sales under power notice ). 5. In case # XXXX I made a demand to SPS Inc. to cease and desist which was ignored, as well as the allegations made in the complaint. None of the questions raised was addressed ( not answer ), and SPS Inc. and XXXX XXXX XXXX. has, as of XXXX XXXX, XXXX failed to cancel the pending unlawful non-judicial foreclosure sale and send notice that the sale schedule for XXXX XXXX, XXXX is canceled. 6. I am Requesting the CFPB Administrative tribunal to issue a order enjoin Select Portfolio Servicing Inc., hereafter ( SPS Inc. ) and XXXX XXXX XXXX from any further foreclosure action since the account has been charged-off, closed and now time barred.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2016-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We received a purchase contract on XXXX XXXX, 2015. SPS is the XXXX lienholder and for over a year we can not get a short sale approval. The XXXX Lienholder will not issue a short sale approval until the XXXX lienholder releases their short sale approval. I filed a complaint with the Ombudsman Department at SPS and I called in today to make sure they have received my complaint and a Rep. in the Ombudsman Department named XXXX told me that they will never issue a short sale approval until the XXXX Lienholder sends out their approval XXXX. I have both lienholders telling me that neither one will ever issue an approval until the other one does first. The XXXX Lienholder is a Conventional Private Investor. The Buyer has been hanging on for over a year and the seller has cooperated and provided everything needed for the file. I will be reaching out to our Liaison with our local Sentor 's office as well. Please help!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80919
Submitted Via: Web
Date Sent: 2016-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-11
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: The mortgage servicer ( SPS ) that purchased my loan form XXXX does not provide a free method for their customers to make their monthly payments.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33027
Submitted Via: Web
Date Sent: 2016-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-10
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a mortgage with XXXX services since XXXX my principle has n't decreased yet.I have been in the XXXX keep my home program since XXXX they paid all of my late fees and got me caught up so now XXXX has turned my mortgage over to select portfolio servicing inc.I have never heard of them before however they sent me new statements with a new and higher loan amounts I did modification twice I believe but XXXX keep my home paid all outstanding fees but select portfolio have added it back in.I called them but no luck that 's not right.I have a 30yr mortgage and this is year XXXX and I 'm still paying interest only I do n't know if XXXX is XXXX or household financial.this is predatory lending.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 381XX
Submitted Via: Web
Date Sent: 2016-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-10
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: SPS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX CA XXXX Short sale was started on XXXX/XXXX/XXXX. SPS spent 3 months using purposeful miscommunication and 'misplacing ' documents as a way to delay decisioning on the file in an attempt to defraud their investor in order to collect their 'double-fee ' for servicing a defaulted loan. On XXXX we were told the value came back at XXXX and refused to give a counter amount. On XXXX we sent a counter offer and contractor bids for the value dispute. On XXXX SPS decided they will no longer accept contractor bids for the value dispute and they require a BPO or appraisal for value disputes. SPS then started their second round of delaying tactics - purposeful miscommunication and 'misplacing ' documents. Requesting XXXX version of a form, and then the next week requiring something different. They also started requesting documents that had been sent to them over 4 months prior. These delay tactics have been going on for FOUR MONTHS. Today, we found out that the file was closed out on XXXX/XXXX/XXXX. NO ONE INFORMED US WHEN WE TALKED TO THEM ON XXXX/XXXX/XXXX. This is nothing but gross incompetence and delay tactics on SPS 's part.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92021
Submitted Via: Web
Date Sent: 2016-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I sent you guys a complaint a few months back and that have a very positive effect on getting my mortgage and short sale moving along after being stuck for 8 months. Thank you for that. It has been a year now since I started the short sale process and still no resolution. The last potential buyer backed out after we were quoted 15 business days to review the short sale and we did had no word after 6 weeks. I call to complain and no one seems to care. Now I have to start this whole process all over again. This is totally unacceptable for it to take this long. It took so long that our initial documents all expired before they could complete the process and we had to complete new ones. I was able to get my wife a XXXX faster than this. I try to give them everything they need and they drag their feet until the buyer walks away. The process is so difficult they want to foreclose.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 23602
Submitted Via: Web
Date Sent: 2016-08-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-06
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Select Portfolio Services is currently servicing my loan with XXXX XXXX being the original mortgage lender. My mortgage loan was modified with the HAMP Program in XXXX of XXXX. I was on a plan to have gradual increases in mortgage payments over a period of 8 years to then have payments stay the same from years XXXX. I filed bankruptcy, Chapter XXXX in XXXX and now my bankruptcy has been discharged. Now that it has been discharged and the mortgage payments are currrent with no arrearages, Select Portfolio has sent me a letter stating that the " Mortgage has been referred for Legal Action ''! I am current with my payments and on many occasions the services has claimed that payments were not being made, or either the escrow was short even when I was in bankruptcy! I have paid on all occasions and have paid shortages when they have not been shortages. In addition, based on the modification schedule through the HAMP Program, Select Portfolio has increased the mortgage amount more than the scheduled amount that is due at the time of increase. I have had no luck in getting any remedy or help from Select Portfolio other than them continuing to misallocate my funds and threaten foreclosure when I am current and have been current and I have banks statements to show such. I need immediate help and it appears that Select Portfolio goal is to foreclose unlawfully when they are fraudulent in all of their actions to abide by the HAMP PROGRAM. Also this modification, states also that I am to give them a balloon payment of {$270000.00}. after year 27 when my new loan amount when the modification was done was XXXX. This doesnt even amortized correctly based on their numbers.l
Company Response: Company believes complaint is the result of an isolated error
State: MD
Zip: 21144
Submitted Via: Web
Date Sent: 2016-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have been trying to work with SPS for years in either honoring the loan modification I was offered by XXXX, which my file was then transferred to SPS while in the middle of making my TPP payments, or getting SPS to review me for loss mitigation options and an assumption for the subject loan. Instead, I have been subjected to unfair, deception and abusive acts and practices. Compounding serving errors committed by SPS has caused me great stress and pushed me into a hole that I do n't know how to crawl out of! I have submitted the same documents multiple times over the course of working with SPS. They have verbally told me XXXX thing, when I am actually able to reach a representative, while sending me correspondence to the contrary. They have stalled me at every turn and given me the runaround. I feel I am further away from getting a loan modification offer now than when I first started and was making TPP payments towards a final loan modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98626
Submitted Via: Web
Date Sent: 2016-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-08-06
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, XXXX XXXX Headquarters address Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX Dear XXXX XXXX ; This is XXXX XXXX 's response to following SPS compliant responses : Case number Step Status Submitted Complaint history XXXX Consumer review Company responded XXXX/XXXX/XXXX XXXX Consumer review Company responded XXXX/XXXX/XXXX XXXX Consumer review Company responded XXXX/XXXX/XXXX XXXX CFPB review Response not disputed XXXX/XXXX/XXXX XXXX CFPB review Response not disputed XXXX/XXXX/XXXX XXXX CFPB review Response not disputed XXXX/XXXX/XXXX XXXX CFPB review Response not disputed XXXX/XXXX/XXXX XXXX File Duplicate XXXX/XXXX/XXXX XXXX CFPB review Response disputed XXXX/XXXX/XXXX Based on the generic quality of the SPS responses I assume the following : SPS is not interested or willing to investigate and provide the information requested : A history of Principal and interest payment since the mortgage inception. A verbal and numeric explanation of the Mortgage amortization Before the modification and after. A comparison and contrast of the XXXX mortgage amortization prior to modification and afterwards. Where monthly payments higher or lower? Was the total principal reduced? What was the financial engineering execute to define the modification in compliance with HAMP? Did the modification provide permanent cash flow reductions. If not why modify? Does SPS consider a mortgage Payment with property taxes in excess of P & I economic? Is this common place? SPS consistently avoids the Fraud Challenges of the original Mortgage and modification. I would encourage CFPB to instruct SPS to contact and work with the originator and modifiers Sincerely, XXXX XXXX, XXXX APPENDIX Please allow me to introduce myself. My name is XXXX XXXX. I purchased a home at XXXX XXXX XXXX in XXXX XXXX. I was returning back to the US after servicing my country not in the military but as being XXXX XXXX XXXX XXXX XXXX XXXX XXXX based in XXXX XXXX. I invested my life savings of {$200000.00} on the home. Today I am exploring foreclosure options with Select Portfolio Servicing due to a XXXX in XX/XX/XXXX. I am XXXX XXXX today. I believe that I was defrauded by XXXX at the time of my mortgage origination. An uneconomic and irrational payment structure. My mortgage principal and interest is less than my monthly property taxes and insurance. After a modification my monthly mortgage payments are higher than my original payments. This was a negative Home Affordable Mortgage Program experience. My Principal Balance today, XXXX, after 16 years is higher than it was in XXXX. Reccomendation Please conduct and audit and analysis of my mortgage modification and complete history with XXXX, XXXX and XXXX. Please assist me in receiving a debt " cram down '' valuation base of my history for the mortgages. For example, my total payment from XX/XX/XXXX to XX/XX/XXXX approximates my original principal debt or {$990000.00} in payments vs. XXXX in original debt. Thank You. Sincerely, XXXX XXXX XXXX ACCOUNT XXXX XXXX XXXX XXXX AMOUNT PRINCIPAL {$760000.00} DEFERRED {$140000.00} PRINCIPAL {$900000.00} MONTHLY PMT PRINCIPAL {$1100.00} INTEREST RATE {$1200.00} {$2400.00} ESCROW {$2500.00} TAXES INSURANCE
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30319
Submitted Via: Web
Date Sent: 2016-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Select Portfolio Servicing bought our mortgage loan while we were in bankruptcy when the bankruptcy stop taking payments because it was time to be discharged we contacted SPS to make our mortgage payment, we were told that we did not have a payment due and they could not accept payments until they received discharge papers we informed them that out bankruptcy lawyer told us to contact them to start payments they 've outdoor not take a payment so we asked for proof that nothing was owed so they began sending statements stating this is not an attempt to collect a debt with no amount being owed and told us to use that for our records we called twice monthly from XX/XX/XXXX to XX/XX/XXXX still given the same answer and XX/XX/XXXX we received a call and a statement from SPS stating we were 5 months behind and would go into foreclosure unless it was paid or they could help us do a modification. We told them we would find someone to refinance and a few days later itvwas added to our credit report hindering us from a refinance. We contacted them on several occassions with complaints and was told that we could have contacted them and made payments but they could not contact us we informed them that we did contact them on several occasions to make a payment and was denied. We asked if the negative items could be removed from our credit report because it was false and we have been told that there would be an investigation but nothing has changed and we keep getting the run around. There practice is unjust and unfair. They have XXXX complaints.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 71107
Submitted Via: Web
Date Sent: 2016-08-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No