Date Received: 2016-06-21
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: RE : previous complaint # XXXX 1. This Complaint is filed pursuant XXXX - Unfair Practices, and is directed specifically at non-compliance by XXXX. and Select Portfolio Servicing Inc. hereafter SPS Inc.. 2. This complaint is related to a previous compliant recently filed with the CFPB, complaint # XXXX on XXXX XXXX, 2016. The complaint was submitted by the CFPB to XXXX. and SPS Inc. on XXXX XXXX, 2016. I receive notification on XXXX XXXX, 2016 that the parties had in fact received notification or communications form CFPB on my behalf. However, XXXX. and SPS Inc. failed to immediately stop all collection actions as required by FDCPA statute. 3. Whereas, A non-judicial foreclosure advertisement of a SALE UNDER POWER of our property had already been schedule for XXXX XXXX, 2016, as reported in previous CFPB complaint # XXXX on XXXX XXXX, 2016 and was recorded and published with XXXX XXXX Georgia XXXX ( Daily Report Public Notice paper ) on XXXX XXXX, 2016 by XXXX. at the request of SPS Inc. See EXHIBIT-A. 4. Please be advised that XXXX. and SPS Inc. is violating the FDCPA by failing to cancel or otherwise stop all collection action after receipt of the complaint from CFPB, including any pending non-judicial foreclosure scale action. they have failed to give the required good faith and fair dealing notification of cancellation as required. 5. XXXX. and SPS after receiving affirmative communications form CFPB on my behalf, they are continuing to communicating with us regarding a debt by post card through third parties urging us to modify a purported loan. 6. XXXX and SPS, after receiving affirmative communications form CFPB on my behalf is continuing to make threats through XXXX Mail to take action that can not legally be taken. Conculsion I now ask this agency to issue an administrative DEMAND, compelling SPS Inc. and XXXX to comply with FDCPA requirement to cease collection in accordance with the Statute. and provide evidence thereof.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2016-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-21
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: RE : previous complaint # XXXX 1. This Complaint is filed pursuant to XXXX - Unfair Practices, and is directed specifically at non-compliance by XXXX. and Select Portfolio Servicing Inc. hereafter SPS Inc.. 2. This complaint is related to a previous compliant recently filed with the CFPB, complaint # XXXX on XXXX XXXX, 2016. The complaint was submitted by the CFPB to XXXX and SPS Inc. on XXXX XXXX, 2016. I receive notification on XXXX XXXX, 2016 that the parties had in fact received notification or communications form CFPB on my behalf. However, XXXX XXXX, XXXX. and SPS Inc. failed to immediately stop all collection actions as required by FDCPA statute. 3. Whereas, A non-judicial foreclosure advertisement of a SALE UNDER POWER of our property had already been schedule for XXXX XXXX, 2016, as reported in previous CFPB complaint # XXXX on XXXX XXXX, 2016 and was recorded and published with XXXX XXXX Georgia XXXX ( Daily Report Public Notice paper ) on XXXX XXXX, 2016 by XXXX. at the request of SPS Inc. See EXHIBIT-A. 4. Please be advised that XXXX XXXX, XXXX. and SPS Inc. is violating the FDCPA by failing to cancel or otherwise stop all collection action after receipt of the complaint from CFPB, including any pending non-judicial foreclosure scale action. they have failed to give the required good faith and fair dealing notification of cancellation as required. 5. XXXX XXXX, XXXX. and SPS after receiving affirmative communications form CFPB on my behalf, they are continuing to communicating with us regarding a debt by post card through third parties urging us to modify a purported loan. 6. XXXX XXXX, XXXX. and SPS, after receiving affirmative communications form CFPB on my behalf is continuing to make threats through XXXX XXXX Mail to take action that can not legally be taken. Conculsion I now ask this agency to issue an administrative DEMAND, compelling SPS Inc. and XXXX to comply with FDCPA requirement to cease collection in accordance with the Statute. and provide evidence thereof.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2016-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been working on my current loan modification for 3 years now with no resolution. This is my 3rd attempt at a loan mod. Some years back I completed a loan mod on my own. After the trial payments were completed and additional payments made the loan docs were never re-done to reflect the new loan terms. I was forced to stop payments due to the lack of new docs showing my new loan moving forward. A second loan mod package was completed again on my own. At the end of this process with a week or two left to close, my loan was sold to a different servicer. I was in shock. I started a new loan mod package with them. At t the end of this process they approved me again, however, my payment was going up more than {$1500.00} a month? At this point I was told take the deal or you will be forclosed on. Granite, my income had gone back up but I stated my income fluctuates and it will be tough to maintain that payment. They did n't care and pressured me into that mod or be foreclosed that month. A CLEAR VIOLATION OF FRANK DODD. Of course, after 12 months of payments I could not manage the payment anymore. Now after 3 years with representation, I still have no resolution. In fact, XXXX 5 months ago I challenged them on their valuation of of my property and them trying to deny my loan mod. I 'm a real estate appraiser and rebutted and destroyed their appraiser and valuation. To my surprise that entire loan package was lost/deleted or who knows and I was asked to submit a new complete package. This brings you up to date. Of, course they want me to submit more docs as I write to you today. Lastly, they have put my house in the foreclosure process again as I am still in negotiations. My lawyer asked why they did this and he was told because they can. Again, forclosure notices taped to my front door, mailings to the house, phone calls from people that want to buy my house. My kids harassed on the phone. The XXXX is now unbearable. I 'm not sure they even have a clear title on my property. This servicer has VIOLATED Frank Dodd by pressuring me etc. I 'm claiming reverse RED LINING due to my home being located in an affluent predominantly white neighborhood. And for the same reason just mentioned above, I claim I 'm being discriminated against. Please Help!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90720
Submitted Via: Web
Date Sent: 2016-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In XX/XX/XXXX, my former husband lost his job and we fell behind on our payments after using up our small savings. My husband had lost his job the prior year and we had been given a HAMP modification and had completed our trial payment plan. My husband became employed again and we attempted to enter a repayment program with XXXX XXXX XXXX. We were given a deadline by our loan representative to sign papers that was incorrect and it was too late and XXXX XXXX XXXX accelerated our note. I have emails from the loan rep documenting this in writing, We did not have the resources to catch up and have been trying to modify to keep this home for our son ever since to no avail. We divorced in XXXX and I returned to school and have been working as XXXX since graduation in XXXX. My income is more than enough to pay the mortgage on my home and the arrears, given time. I have a savings account and a retirement account. I have a home warranty so that unplanned repairs will not deplete my savings. I carry short term XXXX, long term XXXX and XXXX insurance so that bills will still be paid in case of illness or accident. If I am granted this second chance, I have done all I can to ensure I will not face a similar situation. This is the only home my XXXX year old son has ever known. I do not want to lose it. The foreclosure sale date is set for XXXX XXXX. I am working with XXXX for approval for the Florida Hardest Hit Fund which would give {$25000.00} towards our mortgage arrears. Unfortunately, the mortgage arrears are now {$58000.00}. If only they would accept the {$25000.00} and then work on a new mortgage modification or an extended repayment plan my son and I could keep our home. My yard is the one in the neighborhood that XXXX. I am the door that is knocked on when the kids forget their keys and are locked out. We will be sorely missed and a foreclosure will do nothing but lower home values. There has got to be a way to make them see that this is wrong. I just want to pay what I owe. Please help us.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32003
Submitted Via: Web
Date Sent: 2016-06-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Purchased dream home in XXXX XXXX with Countrywde. In XXXX XXXX was contacted by By Broker XXXX XXXX XXXX for lower payments, refinanced my husband ( XXXX Vet ) into another conventional loan ( XXXX XXXX ) with New Century Mortgage ( Bankrupt NC ) .in XXXX. XXXX Payment was due to XXXX in XXXX, but was notified in XXXX That it had been sold back to Countrywide and we would make our payments to Countrywide. XXXX my husband begin to get sick and got hurt on his job XXXX. Got behind on payments and was struggling to make ends meet. In XXXX XXXX signed a reconstruction/with Deed in Lieu of Foreclosure and a payment of {$1700.00}. My husband signed this on XXXX, XXXX and on XXXX, XXXX, the XXXX XXXX In served us with Foreclosure papers. We now know this as the famous Dual Tracking. We were stunned, and that 's when our almost 10 year nightmare began. From XXXX XXXX, we have had XXXX attorney 's and several who said they would n't touch it XXXX, several who have said that there was a conflict of interest because they had worked with the Broker, Title Company, and Now XXXX XXXX XXXX, who supposedly purchased the loan in XXXX. We have been through XXXX bouts of Foreclosures and XXXX Chapter XXXX Bankruptcy. Plus XXXX different Loan numbers all on the same house. The Title Company was closed by the FBI, the title company owner is in jail, and his wife who was his notary signing agent has most likely gone to jail by now. They were XXXX XXXX and XXXX of New Age Title. Also ran a XXXX business out of the same location in XXXX, In across the bridge XXXX. The Broker was hired by XXXX XXXX XXXX who offered us {$10000.00} to get lost in XXXX. We knew that everything was terribly messed up, but no idea until the second Foreclosure in XXXX. We presented title work, and had a private investigator to trace from the beginning of XXXX XXXX to XXXX XXXX. We presented our facts in our Foreclosure Hearing in XXXX XXXX, with the Pooling and Sevicing Agreement for XXXX and was told by Judge XXXX of XXXX XXXX, In that it was Hear Say, and if we did n't have the XXXX that Deustch Bank was Foreclosing on, we had to surrender and vacate the house, because we had lived there for 7 years and had n't paid a thing. We had spent our money on attorneys, this mess forced my husband into XXXX from the XXXX, and I was already XXXX since XXXX. We were too tired to fight another day. We vacated the house in XXXX XXXX, we moved XXXX and was homeless for a month, but thanks to a couple here XXXX who looked pass our circumstances let us rent a furnished XXXX bedroom condo. My husband has never been able to use his VA Certicate for housing, and it does n't look like he will ever be able to use it. Our belongings are still in a Pod Storage facility XXXX, his health is again failing, and our credit is tore up. This is n't what we thought we had planned for our last years, the stress of this 10 year ordeal has taken a toll on us XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32935
Submitted Via: Web
Date Sent: 2016-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In 2006 ( approx ) we refinanced our home with what we did not know at the time was a predatory broker ending in a predatory loan. The company which we were refinanced with was originally XXXX XXXX but then we were shortly sold off to Select Portfolio Servicing ( SPS ). At the time we refinanced our home we were not in any financial difficulty. We had, and still have " XXXX '' credit. We were refinanced for more than the home was worth at the time and given a adjustable rate that we were told we would be able to refinance out of before it adjusted. We also were unaware that the company and agent we started with, XXXX XXXX at XXXX XXXX XXXX did a comp on our home and not a true appraisal, which is why they were able to give us the amount of money they did. We were unaware of this as we were first time military home owners. They also gave us an 8.625 % interest rate ; we had a 5 % interest rate when we bought and had the same credit ( probably better, at the time of the refi ) We have been turned down for refinances because the mortgage is not XXXX or XXXX XXXX backed and because we were forced to XXXX they look at this as a second home and not our primary residence. SPS has turned us down for modifications telling us to sell property and continue to pay. We have now opted to short sale as we have been XXXX two additional times, and my spouse is now going out of the country. We have not been late but there is no help for those who have not been late. This year we started the short-sale process. SPS has taken over three weeks to approve the offer and in their documentation they state that once they get all mandatory paperwork it will take 10 days for a decision. The buyers have now backed out of the deal because SPS is not giving us any updates. SPS assigned us to a Relationship Manager who we are never able to speak to, and does not return calls and does not speak to our Broker who has been working the short-sale. Each time we call we have to talk to who ever answers the phone though they say they have a division in the company that handles Short-sales we are't allowed to speak with them. We have rented out our home for the majority of the time we have been unable to live in it but suffered damages due to renter. The home has been on the market since last year, we have adjusted the price several times and now that we had the luck of a contract SPS has stolen this from us.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 959XX
Submitted Via: Web
Date Sent: 2016-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XX/XX/XXXX we were approved for a program called Keep Your Home California ( KYHCA ) for Unemployment Mortgage Assistance. Since I was unemployed I wan not able to pay my credit card bills and subsequently filed for Chapter XXXX bankruptcy protection. My bankruptcy was discharged on XXXX XXXX, XXXX. On XXXX XXXX XXXX my mortgage servicer ( Select Portfolio Servicing ) incorrectly informed Keep Your Home California that I was in an " Active '' bankruptcy when in fact I was not. My bankruptcy was discharged on XXXX XXXX, XXXX. Now that my bankruptcy stay has been lifted ( after the discharge ), Select Portfolio Servicing ( SPS ) said that they will no longer accept payments from KYHCA even though I still qualify for the program based on my unemployment & the fact that my bankruptcy was discharged on XXXX/XXXX/XXXX. I called their Ombudsman department & spoke with XXXX XXXX & XXXX XXXX and they confirmed not receiving the Federal Bankruptcy Court letter of Discharge in a " timely '' matter ( even though they are listed as a creditor on the Bankruptcy Court documents ). According to the SPS Ombudsman department, this is why they are planning to return the last payment made by KYHCA made on XXXX XXXX, XXXX and will cause us to go into default with their account. Both Select Portfolio Servicing XXXX KYHCA are aware that I am still unemployed & can not afford my mortgage payment. KYHCA has stated that they are willing to make payments on my mortgage but that it is up to SPS to accept these payments. I feel that SPS is taking this action after my bankruptcy discharge because they know that I am no longer under the bankruptcy court mandated stay. They have appraised our home above what we owe SPS and feel no risk in forcing my family into foreclosure even though they admit that they would be able to accept payments from KYHCA after the bankruptcy discharge ( if they would correct/update their records ). They admit taking the following action after the bankruptcy discharge date of XXXX XXXX, XXXX : 1 ) Knowing that we are no longer under a bankruptcy court mandated stay 2 ) Returning the last mortgage payment made by KYHCA on XXXX/XXXX/XXXX causing us to go into default. 3 ) Sending a letter to KYHCA on XXXX XXXX, XXXX stating that they would no longer accept their mortgage payments on our behalf. 4 ) Having an appraised value of our home greater than the amount owed to SPS. 5 ) Confirming that a payment would normally be accepted by KYHCA after a bankruptcy discharge. Any help would be appreciated. Thank you, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92101
Submitted Via: Web
Date Sent: 2016-06-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: For over 2 years I have been filing and re-filing for a RMA ( Request for Mortgage Assistance ) with Select Portfolio Servicing , Inc. having no result. I learned from XXXX XXXX XXXX that Select Portfolio Servicing , Inc was found guilty of wrongful business practices in 2012, and they still refuse to pay any restitutions. For each time a client submits a RMA they receive XXXX dollars from the Federal government as incentive to help citizens suffering from hardships. Today, they have people to submit and resubmit the same documents multiple times. I worked for 20 years at XXXX only for the company to be sold to XXXX. Two months after the final papers were signed lay offs began and I was given XXXX ( XXXX ) month severance pay. Gov. XXXX XXXX changed unemployment time allowance from 2 years to 3 months, which made XXXX unavailable for Federal assistance. He also cut the XXXX program which extended unemployment for people that enrolled in school for retraining after being laid off. It has been arduous trying to return to work. I am the only graduating student from XXXX having received XXXX and still have n't landed a job. Age discrimination? You tell me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 282XX
Submitted Via: Web
Date Sent: 2016-06-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-16
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: This Complaint is filed pursuant to FDCPA 15 U.S. Code 1692e - False or misleading representations, and 15 U.S. Code 1692f - Unfair Practices : 1. This is for a cease and desist of unlawful debt collections by XXXX XXXX, XXXX. and Select Portfolio Servicing Inc. hereafter SPS Inc. because they are violating the FDCPA, The FCRA and XXXX Georgia XXXX XXXX ; 2. On or about XXXX XXXX SPS Inc. purchased a loan account from XXXX that had been closed 4 years prior to the assignment to SPS Inc. ( See XXXX, proof of closure ). 3. As a result of the assignment of the closed account, SPS Inc. is now fraudulently calming it has a security interest in our real property on behalf of the alleged trust previously held by Bank XXXX, Although the alleged loan was bought out of the alleged trust effective XXXX XXXX, XXXX. 4. SPS Inc. began reporting to all XXXX credit reporting agencies in XXXX XXXX under a new account number XXXX, and are now attempting non-judicial foreclosure. XXXX XXXX XXXX XXXX XXXX. Whereas, On or before XXXX, XXXX, XXXX the purported loan account held by XXXX XXXX XXXX in the name of XXXX XXXX XXXX and XXXX XXXX XXXX, loan Number XXXX was CLOSED by XXXX. XXXX XXXX XXXX & XXXX proof that the account is still closed as of XXXX/XXXX/XXXX ). 6. Whereas, the purported loan account has been closed for more than 4 years. Therefore, We dispute the clams made by SPS Inc. XXXX XXXX XXXX XXXX. for the following reasons : ( a ) They have personal knowledge that Bank XXXX Trustee for XXXX, XXXX does not have standing to foreclose on my property in the state of Georgia since they are not the secured creditor, and ( b ) They have personal knowledge that the loan obligation was bought out of the alleged trust supposedly held by Bank XXXX, as of XXXX XXXX, XXXX ; and ( c ) They also have personal knowledge that the promissory note they are using as a bases for foreclosure is void after the account is charged-off or closed, and even if it was n't void it DOES NOT DESCRIBE THE OBLIGATION to which they are attempting foreclosing on. since SPS Inc. own the loan they also have personal knowledge that ASSIGNMENTS are not subject to negotiation under the XXXX. VIOLATIONS 7. There is an ongoing unlawful effort by SPS Inc. and XXXX XXXX, XXXX to intimidate, harass, and coerce us into giving them a secured interest in our property. SPS Inc. and XXXX are committing the following FDCPA violations. Whereas, ( a ) SPS Inc. and XXXX XXXX, XXXX Has made, the representation and implication that seizure, attachment, or sale of our property in foreclosure is imminent unless a loan modification is agree too. and ( b ) SPS Inc. and XXXX XXXX, XXXX Has made threats to take action that can not legally be taken or that is not intended to be taken. and ( c ) SPS Inc. and XXXX XXXX, XXXX Has made false representation or implication that we have committed Civil offences in order to disgrace us. and, ( d ) SPS Inc. and XXXX XXXX, XXXX are taking nonjudicial action to effect dispossession or disablement of our property, and there is no present right to possession of the property claimed as collateral through an enforceable security interest. ( e ) The property is exempt by law from such dispossession or disablement, and ( f ) SPS Inc. and XXXX XXXX, XXXX are constantly communicating with us regarding a debt by post card through third parties. CONCLUSION When the original loan was charged off or closed, the loan and note no longer exists ( according to UCC requirements ). All that remains is collection rights to default debt. AND, those rights can be transferred by assignment ONLY, and not by " transfer '' of a negotiable note which is DEAD. Hence, ASSIGNMENTS are Not subject to negotiation under XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2016-06-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I was never late with a payment. Had some personal issues and my husband and I separated. He was XXXX XX/XX/2015. I requested a loan modification and was sent a repayment plan where I would be paying double the normal payment. I turned it down because if I could n't afford one how could I afford more. During their decision making process they said I did n't have to pay if I could n't, therefore I am now considered delinquent as I 'm 72 days behind, I 've been turned down for HEMAP and I 'm not sure what to do next. Things are back to normal, my husband and I are back together and can make payments, we just need help getting caught up with the back payments.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 168XX
Submitted Via: Web
Date Sent: 2016-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No