Date Received: 2016-07-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I was approved for the principal interest reduction program through an outside source called Keep Your Home California. The program is designed to lower your mortgage payment. They paid SPS over XXXX and initially the amount was put only on the principal and interest and then corrected and put towards taxes/insurance/and anything else to bring my account to a XXXX balance. I had my mortgage payment reduced to XXXX and the letter was sent out to me with an additional document showing I was at a XXXX balance in XX/XX/XXXX ( which was the month that my escrow account is reanalyzed ). Every month I got a statement that showed that was my mortgage payment all the way through my XX/XX/XXXX payment of XXXX. I called back and changed my home owners insurance from the insurance company that is used through SPS to XXXX XXXX. It went from XXXX to XXXX. In XXXX I changed my Homeowners insurance from My mortgage companies Ins to my own and some how they increased my mortgage payment back to XXXX. I called and they said that they would look into and then later told me that I was short in my escrow account. They said that my escrow account should always be positive and I had to explain to them that is what an escrow account is for. They did an escrow analysis 5 times and changed my mortg payment 5 times in the last 4 months. They finally agreed to make my mortgage XXXX but since I was past due on my mortgage they wanted to backdate the XXXX all the way back to XX/XX/XXXX. I agreed to only pay what I got on my statement every month until XXXX XXXX which was XXXX. I was told by an attorney I should send a notice of error since they charged a state funded program that gave them XXXX XXXX for Homeowners Insurance I never had from XXXX XXXX through XXXX XXXX, which is when they got the funds for Insurance I never even had. This guy from SPS called me on XXXX XXXX XXXX and the call is recorded and offered me a program w/ mortgage payment of XXXX. I refused and told him that was silly and my mortgage payment would never even get that high. I got a letter on XXXX XXXX that said congrats on taking the next steps on this program I never agreed to and they took my regular mortgage payment of XXXX and put that aside and now asking for the remaining XXXX on my forbearance loan I never agreed to. So I am forced to not make a payment, even though I need to get caught up on ..in fear that they will hold me to some agreement of a unrealistic mortgage payment of XXXX instead of my contracted and legal amount of a 3 % interest rate and a mortgage of XXXX. I can not get SPS to get this right and they have continued to be uneducated on what they can and can not do legally. They are only allowed to charge me XXXX year of projected taxes and insurance and they are trying to hold me accountable for 2 years when I was paid in full as of XXXX. I have sent XXXX pages to the advocacy department and she was going to make a call without even looking at all the evidence to show her that my mortgage was wrong and they did charge in incorrectly and actually owe me crdt of XXXX. Sps has made a total mess out of this very simple situation of changing my homeowners insurance and now I had to take a look at the entire picture and have seen that they took too much from Keep Your Home California and they have overcharged me of my taxes insurance since my previous mortgage company had all ready paid XXXX {$2100.00} in taxes and then Sps charged me the same amount plus another XXXX which is why in XXXX they took XXXX in Taxes and Insurance from the XXXX that was distributed to them. I have tried to work with them but they have continued to do some very unethical things that have caused me much stress.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95670
Submitted Via: Web
Date Sent: 2016-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am writing this letter to explain the unethical practices that my current home mortgage servicer Select Portfolio Serving Inc. is ding with my loan and ultimately life. I apply for home assistance program due to changes in my financial circumstances. When I applied for the program, Select Portfolio Serving Inc. qualified me for home assistance program. After going back and forth several times, Select Portfolio Serving Inc. informed that, I do not qualified for program without a valid reason. I was working with a representative name XXXX XXXX, he informed me that Select Portfolio Serving Inc. do not participatXXXX in Home Affordable Modification Program HAMP government program and he had not seen anyone getting awarded this program from Select Portfolio Serving Inc. Then I inquired that, if they have other internal modification program and he responded that Select Portfolio Serving Inc. does not disclose that information. Select Portfolio Serving Inc. has informed that soon my house will be on foreclosure. It is extremely difficult to work with Select Portfolio Serving Inc. as they are not listening to me at all. This is very unfair to a hard working like me and substantially injurious to my family. As a consumer, I feeling that I absolutely have no power over these huge financial firms. I am a hard working individual and live in the home with my wife and XXXX kids. I do not want to lose my house and even more, I do not want to be a prey to unethical behavior of Select Portfolio Serving Inc. As a regular of law, please assist me in correcting Select Portfolio Serving Inc. unethical behavior, so they can work with me on my loan modification process.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95691
Submitted Via: Web
Date Sent: 2016-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-21
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On XXXX XXXX, XXXX I sent an affidavit of hardship letter via email to mortgage servicer, Select Portfolio Servicing , Inc. and although I received an acknowledgement from SPS, I was told they had not received my affidavit. I had mentioned my XXXX in my XXXX/XXXX/XXXX letter. I believe this is the reason they claimed to not to have received my email. I realize that I was probably too detailed as to what happened, but I was trying to let them know just how close to XXXX I was. I finally sent SPS another letter dated XXXX/XXXX/XXXX and did not mention the XXXX and they accepted that letter. We are now trying to send in another Request for Modification Application ( RMA ). I mentioned the XXXX again without all the details except for that I thought that SPS was the reason because I have not been able to work since XXXX of XXXX. I feel like that this is a good reason for financial hardship. I mentioned it again and am sending a copy to the Consumer Financial Protection Bureau so that they can be a witness of my letter and that I did receive an acknowledgement from SPS. I do not expect a response from SPS I just need a witness to the correspondence.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2016-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-21
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My situation began with XXXX in XXXX when I began a loan modification just before I left the XXXX to work in the XXXX XXXX. Over the next three years XXXX kept delaying the process by constantly requesting more and more paperwork, different forms, saying the program had changed so they needed all new paper work. While at their instructions I did not make any payments until they gave me a modification offer. This process drug out for about 3 years until in XXXX when I was given an offer that I considered ludicrous. It was NO modification at all. So at that time opted for a short sale. By XXXX XXXX I had an agent who had a buyer for the short sale. XXXX had paid my step son about {$2500.00} " cash for keys '' because he was living in the house while I was XXXX. I thought it was a done deal. I learned several months later that XXXX had cancelled the sale in XXXX then foreclosed and sold the property at auction in the " dark of night '' without any notification to myself or my agent. I later learned that it was sold to XXXX bank for {$110000.00} on XXXX XXXX, XXXX. XXXX bank is a partner/cousin of XXXX. Sounds like a pretty shady deal to me. I spoke to the foreclosure attorneys who are listed on the court document and they assured me that the foreclosure was completed. The foreclosure was done as a service to " XXXX XXXX '' another XXXX company who I understand has been under investigation. So again I thought the property was gone and since I was working XXXX there was nothing I could do about it and just let it go. I returned home to the XXXX at the end of XXXX and was looking for a new place to live. Upon checking my credit I learned that the loan had not been removed at the time of the foreclosure but remained as a big negative mark on my credit file. I also found my house pictured on a real-estate site with the caption " not for sale ''. Why was it shown on a real-estate site but not for sale? I contacted the agent listed and was told that they were given the listing by XXXX but the bank kept refusing all offers for the property. More research I came to find out that a company called SPS was now handling the loan. Come to find out that in XXXX at the same time XXXX was having XXXX XXXX foreclose on the property they had also transferred servicing of the loan to SPS as a delinquent loan, NOT a foreclosed loan. SPS knew NOTHING about the foreclosure. When XXXX foreclosed on the property they simply abandon it, " washed their hands of it '' then turned it over the XXXX. There was NO oversite or care to the property, allowing damage and vandalism to occur. When I contacted SPS, I was asked if I wanted to begin a loan modification. They apparently had NO record that XXXX had put me through the process 5 years earlier. They were also unaware that I was not living in the house and had been XXXX until XXXX. They told me that the property was indeed mine and I could be living in it. So after consulting a couple of law firms and the XXXX general we moved back in in XXXX, and began again the modification process with SPS. Over the next couple of years I learned what a serious mess this has become. For the first couple years SPS refused to accept the fact that the property had been foreclosed on and that issue needs to be corrected at the XXXX level. The damage that the bank allowed needs to be repaired as well as my credit that has been ruined by the banks actions needs to be corrected. They have me in a position of not being able to not having the ability to live safely and securely in my home and not being able to buy another home. This is the main saga of the XXXX that I have been subjected to over the past few years. There are more details that I will fill you in on. The primary companies involved are ; XXXX XXXX XXXX XXXX Bank
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MS
Zip: 38637
Submitted Via: Web
Date Sent: 2016-07-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-21
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have tried at least 3 times to get a HARP refinance with lender. Each time they allege they have not received my paperwork. I have faxed, mailed and even scan and uploaded the documents. I believe this is a tactic this company uses to keep these predatory loan. in almost 10 years I have not even paid off {$5000.00} in the principal amount. All I am paying is interest. I need to get a re-structured loan as my income has declined due to health reason.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 23832
Submitted Via: Web
Date Sent: 2016-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-21
Issue: Settlement process and costs
Subissue:
Consumer Complaint: Greetings, Through Select Portfolio Servicing Inc. 's ( " SPS '' ) extortion attempts, since they are complete strangers to the alleged transactions and that there is absolutely no default whatsoever [ see attached affidavit of ex police officer and currently private investigator under penalty of perjury, that all payments on a non existing loan has been received and there is absolutely no default ], and since i : am taking care of my XXXX mother, i : decided to list my property for sale so that the pretender lender SPS and its co parties can not even steal the equity i : have in my property. There has been XXXX offers, the first buyer offered {>= $1,000,000} and i : accepted that offer. Because of SPS 's extortion attempts and illegal conduct, the first buyers backed out of the deal. The new buyers have offered {$75000.00} less, we are in escrow and need to close the escrow in the next few day. SPS has charged me fees and expenses that they are not supposed to, like charging attorney fees of ~ {$70000.00} when that attorney was not even admitted to XXXX XXXX XXXX of California whose name is XXXX XXXX. XXXX of XXXX XXXX firm, see attached pdf file related to attorney woods, pages XXXX. In addition, SPS refuses to verify the amount of the alleged debt under oath. According to XXXX law dictionary, verification means to substantiate or to confirm under oath. All i : have been asking SPS is to verify the amount of this alleged debt under oath so that we can close the escrow and move on with my life. Stated differently, there is nothing stopping SPS to claim that i : owe them {>= $1,000,000} for example. SPS refuses to do that since they know that i : do not owe them anything. i : am therefore respectfully requesting CFPB to demand that SPS to verify the amount of the alleged debt under Oath so that we can close the escrow. SPS and its co parties have significantly damaged me and my family economically by their repeated misconduct and i : am reaching out to CFPB to please assist me and my family to get SPS to verify the amount of the alleged debt so that we can close the escrow.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95070
Submitted Via: Web
Date Sent: 2016-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-21
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My wife has been hospitalized in XXXX from XXXX XXXX until XXXX XXXX. My wife is XXXX ill and will never be able to work again. My mortgage is with Select Port Folio. I have submitted several modification request with financial for the last year. I do not want to lose my home. Please help me to keep my home and lower my mortgage payments.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38053
Submitted Via: Web
Date Sent: 2016-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-20
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Here is the records from XXXX XXXX Note Date:XX/XX/XXXX2006 XXXX XXXX XXXX, XXXX. XXXX XXXX, CA XXXX Note Date:XX/XX/XXXX2006 Select Portfolio Servicing , Inc . XXXX XXXX XXXX, UT Apparently Select Portfolio Servicing , Inc. transferred a monetary instrument belonging to me to another institution on XXXX/XXXX/2006. However, after this date Select Portfolio Servicing, Inc. continued to demand payments from XXXX XXXX. This sure sounds and looks like fraud. How is this possible? What can Select Portfolio Servicing XXXX Inc. say to explain this fraud?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 02368
Submitted Via: Web
Date Sent: 2016-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: PART XXXX ( FOR PART XXXX See CFPB COMPLAINT PART XXXX ) This is a follow up complaint to Case number : XXXX which was filed on XXXX XXXX, XXXX and currently has a STATUS of " Response Disputed '' and not " Review Completed. '' This complaint is in response to the XXXX XXXX, XXXX CFPB Release Special Edition of Supervision Highlights and Updates Mortgage Servicing Exam Procedures. SPS needs to respond in Declaration form under penalty of perjury such that the information is true and correct to the best of their knowledge. ( XXXX XXXX ). The attached documents appear to relate to the technology and process breakdowns identified in this release from the CFPB. The attached documents also relate to the deceptive letters the CFPB references. SPS has changed the e-mail address for the Required Information Notices from XXXXXXXXXXXX to XXXXXXXXXXXX. This is an obvious attempt to foreclose on my home without my application ever being underwritten for all loss mitigation options/foreclosure prevention alternatives. This subtle change could be easily overlooked which was likely the intention at which time SPS could contend that the information was not received. SPSXXXX will never stop until they find a way to foreclose on my home. Should this happen it will be because the CFPB allowed it. Select Portfolio Servicing is violating Consumer Rights laws by falsely advertising the Making Home Affordable Act and other forms of mortgage assistance SPS offers. SPS is using an affiliate company to act in the capacity of a Debt Collector and refuses to acknowledge this by responding with deceptive letters XXXX and Required Information Notices which violate the Fair Debt Collection Practices Act ( FDCPA ). I am harassed with up to XXXX notices per month before the previous ones are even due and have informed my relationship manager of this problem XXXX XXXX XXXX XXXX. The notices require the same information that has been provided numerous times, removed from the list, and then added back on. SPS refuses to accept the Profit and Loss Statement, Letter of Explanation, and letter regarding my XXXX dues. XXXX XXXX XXXX, XXXX, XXXX Monthly Dues Dispute.pdf ). SPS is attempting to coerce me into making changes that I am unable to do by requiring me to call them when I have a cease and desist order that restricts SPS from calling me XXXX I have repeatedly provided the required information but SPS refuses to accept it no matter what I do because they are simply acting as a debt collector. XXXX XXXX previously coerced me into making such changes by placing me in foreclosure so that I was forced to speak with XXXX over the phone. In XXXX of XXXX. XXXX refused to allow my application into underwriting unless I changed the information on the application to conform to a loan modification. Although the CA Monitor provided me with a Consumer Rights Attorney because XXXX XXXX XXXX ) XXXX was violating the National Mortgage Settlement Consent Judgment and depriving me of my CA Homeowner Bill of Rights while foreclosing on my home ( fraud/oppression/malice ), XXXX XXXX still remains in control of my loan/application for mortgage assistance and continues to violate the same laws after she committed fraud to cover this up. In fact after XXXX transferred the servicing to SPS, she did the very same thing again in XXXX of XXXX until, finally in XXXX, Sr. Legal Specialist XXXX XXXX allowed my application into underwriting without any changes which proves SPS was depriving me of my CA Homeowner Bill of Rights.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92037
Submitted Via: Web
Date Sent: 2016-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: There seems to be a mistake. I submitted a Qualified Written RESPA Request and Select Portfolio Servicing told me to go fly a kite. 12 USC 2605 clearly states that within 30 days the financial institution owes me a substantive response. Select Portfolio Servicing has NOT provided me with any response other than the tell me to XXXX. there is a missing security which will be reported to the FBI. The Qualified Written RESPA Request was sent Certified Mail XXXX on XXXX/XXXX/2016. The default provisions are now in effect.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 02368
Submitted Via: Web
Date Sent: 2016-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes