Date Received: 2016-03-17
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: I was pursuing a mortgage loan modification and was presented a loan modification proposal and the lengthy application process. After reviewing the documents of the proposed modification I did not feel it was a reasonable deal. I took the next five months to look around and see what other options were available. After a five month search I felt I had no option but accept the original proposal from Select Portfolio Services. Upon contacting them they said my application and offer had expired. Two days later when I called them again I was told that I could, in fact, accept that original loan modification agreement. I informed them that i could not fine the original loan mod documents ; And would they they please rewrite them and send them to me for my acceptance and signature. They did, I signed returned and started making regular loan payments. I did not catch, that when the modification document was re-written and sent to me the second time, that the dates for the commencement of mortgage payments had not been updated to reflect my signing date, but had been left at the dates five months earlier, when the proposed modification had initially been offered. Original modification was offered XXXX/XXXX/XXXX and I accepted and signed XXXX/XXXX/XXXX. I have been five monthly payments behind ever since. I have applied for a second modification with Select Portfolio Services to resolve this issue to no avail. I have asked that they simple move those five payment to the end of the loan and return me to a " current '' status and they have refused. I need help to resolve this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92071
Submitted Via: Web
Date Sent: 2016-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-17
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: Select Portfolio Processing has been requested to complete a subordination agreement by XXXX. The first request was made around XXXX XXXX. To date, XXXX XXXX, the request has not been completed, after almost 60 days. Additionally, there is no timeline for completion. I was told today that some requests take 6 months.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90230
Submitted Via: Web
Date Sent: 2016-03-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-16
Issue: Settlement process and costs
Subissue:
Consumer Complaint: In case XXXX, SPS continues to say that XXXX was acting to protect their interest in advancing funds to pay off XXXX. This is not the case, because I was in NO threat of foreclosure from XXXX, and XXXX did not have any idea of arrangements with XXXX to bring the account current. The reason I was delinquent in the first place was because I had XXXX and it took a long time to recover. XXXX was very helpful during this time, unlike XXXX. Because I was not in danger of foreclosure from XXXX, XXXX did not protect their interest, but did arbitrarily ( and I say illegally and unethically ) decide to pay off my first mortgage with XXXX. As such, it was a cash out refinance, entitling me to the right of rescission. As I have said before, I NEVER received ANYTHING showing where any of the money went, let alone any RESPA documents. I am willing to see what a Judge would say in a court of law, is SPS?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 37129
Submitted Via: Web
Date Sent: 2016-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX XXXX reached out to our office with concerns regarding an upcoming foreclosure auction and her attempt to work with her servicer ( SPS ) on a pre-foreclosure retention option or liquidation. XXXX is experiencing a valid hardship and has suffered a severe reduction in income. The property is still owner occupied and has been maintained. Upon speaking with SPS, they are unwilling to postpone the upcoming auction so that XXXX can complete a HAFA short sale. The property has been listed and with a recent price reduction, we are expecting an offer. We feel XXXX should be given a fair chance at completing a pre-foreclosure sale and we are asking that SPS give her more time on the review.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33401
Submitted Via: Web
Date Sent: 2016-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have a final trial date scheduled for XXXX/XXXX/XXXX. I am still trying to work out a loan resolution with my servicer. After several attempts to get information, I finally just looked up the required documentation on their website. I completed the forms and submitted everything that was required directly through their website. I called the next day to make sure they were recieved and was told they were. The servicer was showing that we had entered a consent judgement which we had not. They had initially refused to process any loan workouts due to the consent judgement. The gentleman I spoke with indicated that he had the consent judgment closed out and had a loan modifcation opened for our account. I was told to just show up for trial and tell the judge that we were working on a loan modification, that there was a miscommunication with the servicer and their attorney re the consent judgment but that we were working on the modification now. THIS is not how it works. A judge isnt going to listen to me. Their legal team needs to take care of that considering THEY are the ones bringing the complaint. I was asked to submit copies of my XXXX and XXXX tax returns within the next few days to the servicer for the loan modification which I did. I called back today to make sure the documents were received. They were. However, I was advised to call the banks attorney to have them cancel the trial date. Again, the servicer needs to call their OWN attorney. Their attorney is not going to listen to me. The servicer is the one directing the foreclosure, NOT ME. I decided against calling the servicers attorney since I myself have an attorney and would not be allowed to speak with servicers attorney anyway. I called SPS again this afternoon and was told that MY attorney needs to call theirs to have the trial date cancelled. I told her they needed to direct their own attorney. I told the agent that I was aware of a federal regulation indicating they were supposed to postpone this trial date if we had a loan modification in progress and offered to give her the information. The agent indicated that she was unaware of any such law and put me on hold to ask her supervisor. She came back and advised that neither of them had ever heard of that law and that I needed to have my attorney call theirs. She stated even if she transferred me to someone else at SPS, they would tell me " hands down that your attorney needs to contact our attorney. '' Again, I am insanely confused how my attorney is going to make them stop a trial date considering they are working for the servicer! In addition, she stated that they did NOT have a modification open on our account, even though I was told last week that they had opened the modification request ( and the agent had asked me to submit my tax returns ). Today, I was advised that they couldnt process a modification until they had all the paperwork. I advised that I had submitted docs last week and then the tax returns today, no one has asked me for any other documents. She did see all the docs but that they couldnt process the modification request until all the documents were received. I asked what documents were needed and she stated she couldnt tell me that, that the file had to be reviewed first. I am so confused. I am simply trying to work this out and the servicer is telling me many different things and refusing to work with me or postpone their trial date.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34601
Submitted Via: Web
Date Sent: 2016-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: This is my second time filing a complaint. I file a Chapter XXXX in XXXX 2010. In XXXX of 2010 I also had a loan modification. Any money that was due was worked in the loan modification. XXXX stated that I am two months behind when I filed the Chapter XXXX Which was true. I had just lost my job. At the time my payment was XXXX. So in my chapter XXXX they stating that I owe XXXX. Which I do n't owe that. So why in the chapter XXXX my loan was change to XXXX different company. Which is SPS. We have contract SPS a number of times to get a payment history. We just got the payment history a month before the discharge My lawyer are trying to get the case discharge but is not able to because SPS keeping putting off the case. Thius Chapter XXXX was suppose to be discharge in XX/XX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 711XX
Submitted Via: Web
Date Sent: 2016-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-11
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: SPS has repeatedly failed to process my complete loan modification application ( s )
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33331
Submitted Via: Web
Date Sent: 2016-03-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-11
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Having to deal with this company is by far XXXX of the worst experience I have gone through. I have been trying for over a year to get a modification from this company that keeps giving me the run around. They have lied to me, lost my documents and keep misleading me. I am about to loose my home because of this company. They are not following procedures and something need to be done about this!!. There are over XXXX complains about this company on line, what is it going to take. I am also consulting my lawyer as I will be suing this company. Even an employee voiced their distress and dismay about feeling helpless and unable to help consumer even though he/she is aware of the mishandling, lies, harrassment and fraud going on in this business. There will be a Class action law suit for the pain suffering and lies I have and is still enduring from this company!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 106XX
Submitted Via: Web
Date Sent: 2016-03-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-11
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I received a document that disputes the owner of the debt I am alleged to owe.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33331
Submitted Via: Web
Date Sent: 2016-03-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-10
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: I am a divorcee who had ( XXXX ) XX/XX/XXXX XXXX Predatory Lending loans. I have a trustee sale date of XXXX/XXXX/XXXX, but I can prove I am not in the trust that is moving against me. SPS ' response to my debt validation request was to say that XXXX as trustee for a securitized trust " owns '' the notes, but my loans are NOT in that trust. I have asked that they at least postpone the sale until they have provided information in response to my concerns. SPS, insists that the sale will occur on XXXX/XXXX/XXXX regardless of my claims. Their are many issues associated with the standing issue. None of the actions taken against me would have been by the correct party, the Notice of Default, the recording of assignments would all be invalid. Legal documents that were used against me relating to bank standing were altered. The copies of notes used to prove bank standing had undated indorsements in blank. In XX/XX/XXXX in response to a QWR, XXXX sent copies of these notes stamped " Certified Copy of Original Document '' which have no indorsements. There are also several serious servicing issues with XXXX and then SPS who was substituted in as servicer for XXXX. When the servicing was moved from XXXX I was in underwriting, at the very end of a modification for both properties. SPS refused to continue the modification that was in underwriting at XXXX. SPS has violated many servicing regulations, including Single Point of Contact, Dual Tracking, and the requirement to offer foreclosure alternative solutions in good faith. They send letters saying that those opportunities are available, but SPS has blocked every attempt I have made for a foreclosure alternative. Since they stopped the modification I had in underwriting at XXXX, I have not had the opportunity to utilize any foreclosure alternative. Many servicers are intentionally deceiving and misleading both the borrower and the regulatory agencies, pretending to follow servicing guidelines and requirements, when they are actually trying to sell the property. SPS said they had opened a short sale and I would have four months to list the property and find a buyer. They kept putting me off when I called and then said they could n't open the program because I did n't have a listing. I got a listing which was emailed to them. They emailed confirmation of receipt and said they would respond in writing. They did n't. Then they told me that they had closed out the short sale program because I did n't have " an offer in hand! '' This entire time, they refused to send me any confirmation in writing that I was actually in the short sale program and continued efforts to sell the property at trustee sale. When I told them they were dual tracking, they said that technically they were n't because " they had never actually approved the program. '' This is commonly done. I know that I am one of many borrowers who have met with these same experiences. Please look into this situation and, if possible, pressure SPS to stop the sale until all issues have been addressed. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93446
Submitted Via: Web
Date Sent: 2016-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes