Date Received: 2016-02-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We need to stop this trustee sale scheduled for XXXX to allow us to keep our home. *Most importantly California law bans dual tracking and a law imposed to elimination Banks, and third parties from violating our Homeowners Bill of Rights as which is where a servicer simultaneously evaluates a borrower for a loan modification and pursues a foreclosure of the property.Quality is writing me telling me that I have until XXXX to complete the Loan modification one day after they plan on selling my home!! What????? SPS wrote us and said " we would extend the sale date 30 days but your sale date is XXXX, XXXX '' although they said that all paperwork was complete to get a loan modification. THIS IS DUAL TRACKING and is violating my Homeowner 's Bill of Rights and a violation of the law. This is a company that had done a lot of violations and has cost much damage. Here are the Bullet points of illegal behavior and I have XXXX inches of documents to back up each point that I can send to you. Take note that this company SPS has violated federal law by making an inquiry of my credit report without my authorization. This is a violation of the FCRA as well. Above stated property was fully reconveyed in late XXXX, early XXXX. The following are pages of evidence to show this fact. We as a family are very concerned about the actions taken by SPS ( Select Portfolio Servicing inc. XXXX XXXX XXXX XXXX XXXX XXXX , Utah , XXXX. ) as they are threatening to take our property. They did not give us a XXXX either even after they indicated that the file was complete. Eight months now, we have been dragged around by this unethical and abusive company. I believe that there has been an abuse of authority and that there is grave danger to Homeowners as well as the United States. I have been lied to and purposefully misled as well as multiple violation made by Select Portfolio Servicing ( and non-disclosed affiliates with SPS ) against me that I believe with the evidence of intentional negligence by SPS et.al and I need protection under the Whistle Blower Protection Act. I also have intimate, and actual knowledge of these illegal actions, still occurring concealment and unfair and I can expose the how major institutions are taking advantage of Americans. About 8 months ago I began to receive letters from SPS attempting to collect a debt. What debt? I own my home! They were aggressive and persistent and intimidated me with threats of taking my home. This was absurd and I was frightened. After months of letters and calls back and forth and getting SPS the documents they demanded, they now want to foreclose on my home XXXX XXXX, XXXX. And now XXXX XXXX, as they keep postponing it. I was told by SPS through written Communication ( XXXX XXXX letter ) and Verbally several times that the loan is Complete, for Modification with Principle Reduction down below the valuation conducted by SPS ( Affiliates/Silent Partners including : XXXX XXXX XXXX XXXX, XXXX, ETC. ) in late XXXX. XXXX Title 12 Code of Federal Regulations, sections 226. 18 ( j ) 31 USC : 1901, USC : 1901, Etc. ( Please refer to the Accepted Certified Letter acknowledged XXXX/XXXX/XXXX. Default was never disclosed to the Trustee, or homeowner, and other material facts about the loan for example : subject loan originated by the was a negative amortization and that it was a " Cover Loan '' or " High Cost loan was violated the IRS - tax shelters known as REMICS XXXX & XXXX. Fraudulent, business practices of XXXX XXXX Bank XXXX violations are known under the False Act under the DOJ. They mislead with unreadable and burdensome small print font using front and back pages confusing and misleading me, violations of false broker price opinion and appraisal conducted, broker appraisal was manipulated to reflect higher without referencing the detail. SPS et. al checked my credit without my permission.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92127
Submitted Via: Web
Date Sent: 2016-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I took out a home mortgage with XXXX ( a mortgage broker ) with the first payment due on XXXX. XXXX immediately transferred the mortgage to XXXX to whom I made payments from XXXX through XXXX. In XXXX XXXX transferred my mortage to XXXX XXXX to whom I made mortgage payments to from XXXX through XXXX. On XXXX my mortgage was sold to Select Portfolio Servicing Inc ( SPS ) From XXXX to present I have made the remaining mortgage payments .I have documented proof from my bank confirming that all payments have been made ( on time ) and yet ever since the loan transfer from XXXX XXXX XXXX XXXX I have received monthly notices that I am I am behind a payment. I have tried relentlessly to clear this issue up and even hired an attorney to intervene on my behalf but without success. The attorney was concerned that the legal cost of entering into a lawsuit may outweigh the benefit of resolving my issue. At this stage I am now being charged monthly late fees and am getting calls and letters from collection agencies even though I am current on my mortgage and have been on time and am current with all payments. I am desperately looking your assistance in helping to resolve this issue. Sincerely XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98223
Submitted Via: Web
Date Sent: 2016-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-03
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I was recently discharged from a Bankrupcy ( XXXX XXXX ). As soon as the discharge was ordered, Select Portfolio Servicing stated sending harrassing letters & calling saying that I had missed a payment during my bankruptcy.I have provided them a copy of the check of the month in question, but they have been unable to resolve the issue. Further, when Select Portfolio alleges that I missed a payment, is the same month when Select purchased my mortgage from XXXX loan servicing. I contacted XXXX on XXXX XXXX, XXXX & was told by an agent, that she was unable to pull up my file since it was so long ago. This has been quite frustrating, as I have not missed a payment on my mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 802XX
Submitted Via: Web
Date Sent: 2016-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-03
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This is the 3rd time I have made a mortgage payment and the servicer called me back to statemy payment was returned due to a bad account # and I have 2 late payments on my credit report as a result. I called and made a payment and noticed that the payment had not been removed from my checking account. I called back and spoke to someone and he noticed that it was not removed and he reran and gave me another confirmation # of XXXX XXXX. XXXX XXXX, I received a call that my payment was not received therefore I spoke to XXXX XXXX - manager and she stated she would put in for the credit corrections due to an issue with their system.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 75089
Submitted Via: Web
Date Sent: 2016-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-03
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Homeowner had Foreclosure mediation with Select Portfolio Servicing Inc. & their attorney on XXXX/XXXX/2014. No retention option has been reached & Select Portfolio Servicing offered Cash for Key to move out for {$3500.00}. Select Portfolio Servicing prepared document for Homeowner to sign & Also mediator confirmed during our mediation that they are going to give Homeowner {$3500.00} when they takes the property. Homeowner 's property has been taken away by Select Portfolio and they never sent payment to Homeowner. We called to the Select multiple times to send us check but they would not send check to Homeowner who 's house has been taken away by Select Portfolio XX/XX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98133
Submitted Via: Web
Date Sent: 2016-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-03
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: This is attorney XXXX XXXX writing on behalf of the borrower XXXX XXXX. My client sent a Rescission Letter under the Truth in Lending Act and Select Portfolio Service provided an inadequate Response to my client 's Rescission. The response is inadequate because it misinterprets and misrepresents the law surrounding rescission pursuant to Federal Truth and Lending Act-TILA 1635 ( b ), Regulation Z, and a Unanimous Decision by the US Supreme Court ( XXXX ). Under this law, as I stated in my letter, the creditor has Twenty days to " return to the obligor any money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. '' Accordingly, SPS would have thus had Twenty days to either comply with the mandate of Federal Truth and Lending Act-TILA 1635 ( b ). Alternately, if Select Portfolio Servicing , Inc. wished to dispute the rescission, it could have filed a lawsuit along the lines of Quiet Title or Declaratory Relief in order challenge the rescission but this MUST HAVE BEEN DONE WITHIN 20 DAYS OF THE DISPATCH OF THE RESCISSION LETTER. In the XXXX decision, XXXX XXXX emphasized that " Section 1635 ( a ) [ of Federal Truth and Lending Act-TILA ] nowhere suggests a distinction between disputed and undisputed rescissions ... .. '' By this logic, even though SPS might have wished to dispute the validity of my client 's rescission on the grounds that the underlying loan may not have been a purchase money loan or was allegedly consummated outside of the three year statute of limitations, the fact remains that when my client sent the rescission letter the rescission became valid by operation of law, and the onus would have been on SPS to file a complaint for Declaratory relief or Quiet Title within the 20 day time period proscribed by TILA. Select Portfolio Servicing , Inc., has now waived the right to contest the validity of the rescission on any grounds, because the twenty day time period has elapsed. Accordingly, the Secruity Interest in question is now void. The fact that 3 years has elapsed is irrelevant because the statute of limitations ( or any other defense for that matter ) is a defense that the loan servicer or lender should have raised within twenty days of the receipt of the rescission letter. Moreover, it is not clear that Select Portfolio Service even has standing to challenge the rescission. The response the SPS provided to my client 's Rescission under the Truth in Lending Act is boilerplate and completely does not address the underlying concerns addressed in my letter. Please have them address the concerns as outlined above. Moreover, until this matter is resolved I am asking that the impeding Foreclosure be cancelled. If these concerns are not rectified in a manner that is satisfactory to my client by either complying with the Truth in Lending Act or providing an intelligent explanation as to why they are not barred by the 20 day rule, I will have no choice but to file a complaint in Federal Court for a Judicial Determination of this matter and Damages that my client may be entitled to. Thank you, XXXX XXXX XXXX, XXXX. Attorney for Borrowers XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94063
Submitted Via: Web
Date Sent: 2016-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been working with Select Portfolio Servicing on a loan modification for the past several months. When I was finally offered a modification, it was for a HAMP Tier 2 mod. However, all of the paperwork I was sent shows all of the loan modification that I did NOT qualify for and their terms and conditions. It did not show the terms and conditions of my current loan modification. I was told that I needed to make 3 trial payments and that I would then receive the terms and conditions. However, the trial payments I have been making is the same amount I was paying prior to the loan modification. I called and questioned if this were truly a modification, then why would I be paying the same amount as before? They could not answer my questions and put me on hold several times and just told me I had to wait for my paperwork to arrive.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 78727
Submitted Via: Web
Date Sent: 2016-02-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have spent three years going around in circles with my mortgage servicer Select Portfolio Servicing. The day my loan was transferred to them they put a Notice for Sale on my door. After fighting back I was able to get them to try and consider me for a modification and then they tried to sell my house out from under me again. I qualify for the DOJ modification settlement, I even received a letter with an offer while my loan was with XXXX XXXX XXXX. I immediately accepted the offer which included principal forgiveness and sent in all of the paperwork. Instead of saving my home my next correspondence was a Notice of Sale and a letter saying my loan has been transferred to Select Portfolio Servicing. This has been beyond frustrating. We have sent in hundreds and hundreds of documents to SPS, but still three years later they have never actually completed a review of our information. They have assigned and re-assigned and changed our point of contact a minimum of 10 times, and have been less than forthcoming in the letter that they sent to us after we got our Congressman involved regarding why this has happened. We are not asking for anything for free, we just want a chance to resolve this issue and get into an affordable monthly payment. I have worked XXXX for 35 years. Due to the consolidation of the XXXX, XXXX XXXX, economy etc. the pay for on XXXX began getting cut. This coincided with my property value tanking. At that time I was in a predatory adjustable rate 40 year loan with XXXX XXXX XXXX and I tried to get some type of help. I went to homeowner events, I called in, I tried to apply and made no progress. Finally I was laid off and then could not make the payment and after I fell behind XXXX XXXX XXXX started to pay attention. I was ecstatic when I received the letter that I qualified for the Department of Justice modification program which included principal forgiveness and immediately got the requested documents to XXXX XXXX XXXX and hoped for the best but instead got the worst, as I had mentioned above. A sale date and a transfer to Select Portfolio Servicing. I know I qualify for government programs, I know that the investor is participating in these programs so why does SPS put up so many roadblocks? I am working full time, my husband is working full time and we have boarder income as well. I know that we fit the criteria for help, our one obstacle is SPS. I am pleading with your organization to put SPS on notice and push them to make this file a priority and work with me to help us save our home. We will provide whatever additional information is needed in a timely fashion, but we need SPS to stop playing musical chairs with our point of contact and to actually COMMUNICATE with us. We can afford a reasonable payment and we have taken good care of this house and want to stay if we are given the opportunity.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94803
Submitted Via: Web
Date Sent: 2016-02-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Have been trying to modify for the last three years. Every time I try documents go missing and things are delayed. I 've been turned down a few times but am told that I may apply again for a different program. I 've been told that my principle would be dropped and many other things that were lies. When I was finally approved the conditions were outrageous. I just want a fare modification so I can get back on track. This company has been XXXX me around for years and I am suspicious of their accounting as well as far as my account goes.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2016-02-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: earlier on in the year of XXXX, I filed a complaint with you regarding the servicing of my loan from SpServicing. Reference case # XXXX. They were clearly not honest with there response to you regarding my XXXX payment and the final loan modification. I will attach all of my documentation including bank statements for the entire year of XXXX and the trial modification and the final modification. I also have a letter from them dated XXXX XXXX that my final modification was approved. The XXXX payment which they claimed, I did not make, was one of the 3 trial payments of which I phoned in XXXX, XXXX and XXXX payment on XXXX/XXXX/XXXX. If I did not make my XXXX payment, how would I have been approved for the final modification as outlined in the trial modification? Once the final modification was approved, everything escalated from that point. Accusing me of not making payments and no one could tell me which payment was not made. I have had XXXX in XXXX and could not handle all of this along with my health problems so I retained an attorney after I received your response from SpServicing and their response as well. It also appears that they are not applying the payments correctly to the PITI as outlined in the trial modification and the final modification. I am reaching out for your help again to protect me as the consumer with the servicing of this loan do be done in accordance to the trial and final modification. They are also threating me with notices of default every month. How can they do this when all of my mortgage payments are made on time? You will be able to see this as I am attaching proof of payments for the entire year of XXXX. This mortgage company also will not let my attorney speak with their attorney and a manager does agree that I have a modification, but they have yet to honor it. My attorney is also getting frustrated with them and he now knows that all of my complaints about this company and the servicing of my loan are valid. He as well, has a copy of my final modification and proof of all of my payments.
Company Response: Company believes complaint is the result of an isolated error
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2016-01-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes