Date Received: 2016-03-10
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: For three weeks in XXXX of 2013, I tendered payment for the amount which met the party claiming to be the beneficiary 's demand to pay off the mortgage account and release the lien against my property. The payment was tendered in the form and amount which met the demand with the assistance of XXXX XXXX and Escrow in XXXX Washington. XXXX failed to credit the tendered payment to the account and in XXXX of 2013, informed me that they were transferring the servicing to Select Portfolio Services , Inc. ( SPS ). I immediately informed SPS of the situation and they failed to investigate the tendered payment. I informed them multiple times of the failed credit of payment in addition to other title issues and they failed to respond to my questions ( they did respond with information unrelated to my questions in bulk ). SPS has also submitted false declarations in order to advance a non-judicial foreclosure. SPS is advancing a non-judicial foreclosure on a non-existent, predatory promisory note made in favor of a company that did not exist at the time the note was made, and non-existing deed of trust which was unlawful in form in the state of Washington.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98004
Submitted Via: Web
Date Sent: 2016-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: This was originally a XXXX Loan. Deutche started a foreclosure action and at some point XXXX tried to foreclose and was represented by XXXX XXXX Firm and now foreclosure is being aggressively pursued by Deutche Bank. There were notorious robo-signers ( XXXX XXXX ) and bank never had standing due to filing foreclosure action before they claimed to have owned the note.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 115XX
Submitted Via: Web
Date Sent: 2016-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-08
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I bought my home back in 2000 the mortgage company I had sold out to XXXX other companies Now a company called Select Portfolio Servicing which they say the are a debt collector. I have issues from the start with them. They can not tell me whom has my mortgage. They recently put an ad in the paper to auction my home. Thank god I got hold of the Attorney General and they got hold of XXXX XXXX XXXX the attorneys who are handling it. Which they will not give me any information. Even when I was making payments I was getting harassing calls and letters saying I was behind. When I call them they are rude and they are always losing the paperwork for a modification. I am at my wits end with them.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WV
Zip: 254XX
Submitted Via: Web
Date Sent: 2016-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-06
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: Around XX/XX/XXXX my wife and I lost all our income except Social Security. A consulting company I worked for lost a client I was handling..This was a $ XXXX. a month loss in our income. Prior to that my credit score was XXXX. That was the first time my Mortgage payment was ever late. Also prior to that time we lost about {$700000.00}. in a XXXX Scam .The principal is currently in jail and all our cushion was gone, this was XX/XX/XXXX. In that amount was % XXXX in my wife 's pension money he was managing. During this same time my wife was diagnosed with XXXX. We have lived in this home from XX/XX/XXXX and would like to save it. My servicer is SPS Inc.. I have some XXXX '' of paperwork they keep asking for the same thing over and over again.. We literally had not enough money to live on. As proud as I was I went for fuel help and food assistance. Now I have a full time job in the city I live in and we have combined income of about XXXX a month. Again I have asked SPS for help in Mortgage assistance and now they tell me while they review another set of documents the are going to begin the process taking my home. My credit score is up to XXXX from a low of XXXX. I have made my mortgage payment for the past 6 months of XXXX per month and have set up payment programs to get my head above water. The rate of interest is 6.375 % if they lowered the rate It would all help. That interest is in the XXXX the rate on the XXXX is XXXX and yet the first and second add a late fee each month. The value of my single family home is {$370000.00} and I have a XXXX balance of {$160000.00} including the arrears and a XXXX mtg. of XXXX thats a XXXX % ratio. Why ca n't they help me. I have now been working full time from XXXX XXXX for the City of XXXX. Plus I am on Boards that through off additional Income. I could have filed bankrupt and wiped all the unsecured debt out but instead I hoped to struggle a bit and move on. Please help. SPS has only continued to cost me money in tile and more paperwork than I feel they really needed. I worked as a Senior Mortgage officer for over 20 years and if I on anyone working for me treated our customer like this they would have been fired by me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 02149
Submitted Via: Web
Date Sent: 2016-03-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-04
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: Select Portfolio Servicing Inc. and XXXX XXXX XXXX are attempting an unlawful nonjudicial foreclosure on XXXX/XXXX/XXXX based upon a void note and void security deed/contract. 1. The Loan was bought or sold out of the trust identified in XXXX below and was converted to a 30 year fixed conventional loan on or about late XXXX or early XXXX. The transaction by definition was a refinance of the original table funded adjustable rate loan which is classified as predicator per XXXX by Reg Z, to wit ( unenforceable ). See Exhibit XXXX, loan type. 2. A foreclosure can not legally take place if the deed and note is for a different loan type than the lender/creditor is trying to collect on. The new 30 year fixed rate loan type must be described in the note and identified in the security instrument. it is not, see Exhibit XXXX, XXXX. We have not signed a new note or deed, and did n't actually sign the original deed and note in its current form, ( THEY ARE FORGERIES ) See Exhibit XXXX, XXXX, XXXX, the actual illegal signatures of the sales manager of the originator. A ) UCC XXXX. If illegality or fraud were involved in the original transaction, it can not be proved that the person is entitled to enforce the instrument. See Exhibit XXXX. &, XXXX ) XXXX XXXX ( b ). A person seeking enforcement of an instrument under subsection ( a ) must prove the terms of the instrument and the person 's right to enforce the instrument. See Exhibit XXXX, XXXX XXXX. A new 30 year conventional note, security deed, and new disclosures documents should have been executed. However, that never occurred. The current deed and note on record, although void by operation of law under TILA and Reg. Z, is still reflecting the old invalid table-funded predatory note and deed and is being used to try to foreclose. See Exhibit XXXX. 4. In the foreclosure documents, they are intentionally misrepresenting a material fact to justify a foreclosure. See Exhibit XXXX. In the foreclosure documents SPS Inc. and XXXX XXXX XXXX is says they are operating on behalf of XXXX f/k/a the XXXX, as Trustee for the Certificateholders of CWABS XXXX it is a false statement. For the loan to be held in trust, a re-securitization had to occur, with a new XXXX XXXX number per SEC. 5. No debt is owed to a party on a note and deed arising out of a " real estate closing '' where there was no loan made between the originator and the " borrower ''. in other words, XXXX XXXX XXXX XXXX, a division XXXX was the servicer and owned the of note at closing on XXXX/XXXX/XXXX, but was not present or disclosed at closing which means no consummation was made. See the date of the first endorsement on the allonge ( s ) to the note, and see who it was transferred to. See Exhibit XXXX, XXXX. Also note that the mandatory chain of transfer called for in the " XXXX '' was not met. See Exhibit-XXXX. chine of transfer. 6. The loan is rescinded from its inception, effective by operation of law as of XXXX XXXX, XXXX. See Exhibit XXXX. The lender/creditor failed to respond or otherwise defend in a court of law as required by statute. See US Supreme Court 's mandate in the case XXXX ( XXXX XXXX, XXXX ). 7. The U.S Supreme Court found that Section XXXX ( a ) " makes no distinction between disputed and undisputed rescissions ''. therefore, to respond in court in 20 days is not left to the discretion of the lender, it is a statutory requirement. 8. XXXX XXXX, in the unanimous decision said, " the statute is clear on its face and therefore NOT subject to a judge 's interpretation of it ''. XXXX XXXX also said any attempt to raise " defenses '' to rescissions after 20 days would, if allowed, render the rescission NOT effective by operation of law until a judge reviewed it. Any Judge so ruling would be over-ruling the Supreme Court
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2016-03-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-03
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Modification states Deferred Principal of {$31000.00} will be Cancelled Debt in XXXX over a period of time. However Select Portfolio sent a XXXX for the full amount of {$31000.00} for 2015 and thus we reported on taxes and all IRS docs full amount of Cancelled Debt for 2015 from Select Portfolio is {$31000.00}. Select Portfolio Monthly Statements still reflect only XXXX has been cancelled. Leaving a balance of {$21000.00}, which is incorrect as IT HAS BEEN CANCELLED as a part of the {$31000.00} as reflected on the 2015 XXXX. Select Portfolio states that is simply how they do it. I said it should NOT be on a statement as owing at all it has been cancelled via the XXXX. They said there 's nothing they can do. How can we owe something that has been cancelled? How can they filed an IRS doc stating it is Cancelled debt and not Cancel it on our account in full?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60440
Submitted Via: Web
Date Sent: 2016-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-03
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Greetings, XXXX XXXX XXXX XXXX XXXX company on behalf of Select Portfolio Servicing ( SPS ) has filed a fraudulent notice of trustee sale which is due to occur on XXXX XXXX, XXXX at XXXX when all payments on a non existing loan to me has been received and i have proof positive of that, see declaration of ex police officer and currently private investigator, XXXX XXXX XXXX XXXX. Also see expert witness affidavit who is an attorney that have signed verified affidavit under oath that XXXX XXXX as the alleged " Document control officer '' has been falsifying instruments on behalf of well over a dozen various companies as numerous titles when XXXX XXXX has been working for SPS at all times, in order to commit and perfect this crime of grand theft wo steal my home, both my sister and I take turns in taking care of our XXXX mother, our entire life has been shattered by these theives, i have ample proof of securities fraud, commited and perfected by the title company, the servicer ( SPS ) and XXXX XXXX XXXX XXXX XXXX XXXX and bank XXXX and numerous attorneys and judges. i need your help in stopping these criminals stealing my home and devastating my family and my peace and harmoney. While waiting for the attorney and SPS to supply basic information so that i could enter into an alleged loan modification program with SPS and the alleged investor, the attorney advised me that i need wait for the information to arrive while at the same time SPS and XXXX XXXX XXXX perfected their dual tracking and filed for a notice of sale on my property, in opposition to the California Home owner Bill of Rights ( XXXX ), see attached my communications with the attorneys and the counsel for XXXX XXXX XXXX company.Moreover, i rescinded the the alleged transaction which created a bar, or estoppel, against any and all claims or standing under the contract 's void nature that the statute creates by design and intent of the legislature. By retaining TILA 's straightforward rescission process, exercisable by a homeowner and not requiring judicial oversight, XXXX endorsed the Federal Reserve Board 's contemporaneous and longstanding interpretation that the right is exercised solely through notice. '' To exercise the right to rescind, the consumer shall notify the creditor of the rescission by mail, telegram or other means of written communication. Notice is considered given when mailed, when filed for telegraphic transmission or, if by other means, when delivered to the creditor 's designated place of business. '' XXXX C.F.R. XXXX XXXX a ) ( 2 ). This core language has remained in place since XXXX and inures to my benefit. Furthermore, all payments have been received by all the parties and there is absolutely no default, see attached Exhibit, Declaration XXXX and currently private investigator, XXXX XXXX XXXX XXXX. While communicating with Defendants and awaiting for SPS ' response at the request of SPS ' attorney, XXXX XXXX XXXX, see attached Exhibit page XXXX, for a " Loan Modification '' or full settlement, on or about XXXX XXXX, i notices noticed that a Notice of Sale has been recorded on my property with a sales date XXXX XXXX, XXXX at XXXX am. SPS and its co parties have perfected their dual tracking which is against the law further damaging me [ Dual Tracking, California Home Owner Bill of Rights ( " HBOR '' ) ]. CFPB recently filed for an amicus brief on behalf of a homeowner against XXXX which i also have attached. Please stop these criminals, they are ruining my life and millions of other Americans, thank you.
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: 2016-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: FILED BY XXXX : I applied for a modification with SPS and they have informed me that they were going to pursuit the foreclosure while going through a modification ....
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60608
Submitted Via: Web
Date Sent: 2016-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-03
Issue: Settlement process and costs
Subissue:
Consumer Complaint: In case # XXXX, SPS cites a clause in the original note that supposedly gives permission to pay off a superior lien, but the clause also states that the first lien must be in default, which my first mortgage was not. I was in no danger of foreclosure by XXXX XXXX. Therefore, the " protective advance '' was a cash out refinance, entitling me to a three day right of recision. Also, I was never given any documents itemizing ANY disbursement of funds, which is also a RESPA violation entitling me to an extended right of recision.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 37129
Submitted Via: Web
Date Sent: 2016-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-01
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: issues for years : Problem now will not show me how last payment posted always some kind of fees to make my 'Unapplied balance '' disappear. , I think at some point converted loan type from original XXXX, convention fixed rate to interest bearing loan '' done by servicers. that is why money is not correct, balance not going down.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77015
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No