Date Received: 2016-01-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have mortgage loan with Select Portfolio Loan Servicing or SPS. They had bought my loan from XXXX while it was in the process of a modification. It has been almost 4 years since and my modification keeps being denied on the basis of my self-employment income -- income which they have miscalculated each time. A different income is calculated even when I submit the same income information for my modification. When I finally got XXXX involved to help me, this miscalculation did not stop. As recently as this past XXXX, XXXX had calculated my income to be at 22 % in terms of my expenses ; yet again, my modification is denied due to income calculation. This has been my second denial with XXXX 's help. I just do n't know what to do anymore with SPS. I am trying to keep my home but they are trying to kick out of home. Please help me! XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30144
Submitted Via: Web
Date Sent: 2016-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: AS REFERENCED IN SPS ' RESPONSE TO MY PRIOR CFPB COMPLAINT # XXXX, SPS STATED THAT THEY INFORMED ME AS TO WHY THE HIGHER CONTRACTUAL PAYMENT WAS DRAFTED HOWEVER SPS DID NOT DISCLOSE OR EXPLAIN WHY THEY ASKED ME TO ALSO MAKE CHECK PAYMENTS WHEN THEY WERE AUTODRAFTING MY ACCOUNT PER THEIR DOCUMENTATION RECEIVED BY ME IN MID XXXX XXXX WITH MY LOAN MODIFICATION PAPERWORK. IT IS NOT BECAUSE SPS AUTODRAFTED ME THAT I INCURRED BANK FEES, IT IS BECAUSE SPS AUTODRAFTED FOR A CONSIDERABLY HIGHER AMOUNT AND ALSO REQUESTED THAT I COMPLETE AUTODRAFT PAPERWORK TO REINSTITUTE AUTODRAFTS AND MAKE CHECK PAYMENTS IN THE INTERIM TO ENSURE MY ACCOUNTS REMAINED CURRENT, TO WHICH I WAS OVERCHARGED AND INCURRED BANK FEES OF {$110.00} FOR DUPLICATE CHECK PAYMENTS ( AS I WAS NOT AWARE THAT SPS WAS CONTINUING WITH MY ORIGINAL AUTODRAFT SET-UP WHEN MY ACCOUNTS ORIGINALLY TRANSFERRED TO THEM IN XXXX ). AS PART OF THE LOAN MODIFICATION PROCESS, SPS HAD STATED TO ME ON SEVERAL OCCASSIONS THAT THE AUTODRAFT PROCESS WOULD HAVE TO BE SET-UP AGAIN ONCE THE MODIFICATION WAS FINALIZED. YOU CAN IMAGINE HOW UPSET I WAS AFTER A LENGTHY MODIFICATION PROCESS WHERE THE SAME DOCUMENTS HAD TO BE SUBMITTED 5-6 TIMES BEFORE THEY COULD FINALLY GET THE MODIFICATION GOING, TO THEN HAVE THEM FINALLY FINISH IT 6+ MONTHS LATER BY SIGNIFICANTLY OVERCHARGING MY BANK ACCOUNT, CONTINUING TO PROCESS CHECKS - NOT ONCE, BUT TWICE EVEN AFTER I NOTIFIED THEM OF THEIR ERROR, REFUSE TO APPLY THE OVERPAYMENT TO MY ACCOUNTS APPROPRIATELY ( AT LEAST FOR ANOTHER THREE MONTHS ), REFUSE TO CREDIT ME THE {$110.00} IN BANK FEES, AND THEN START REPORTING DELINQUENCY ON MY ACCOUNTS AS A RESULT, DESPITE MY ORIGINAL REQUESTS FOR CORRECTION IN XXXX XXXX AND CONTINUALLY REQUESTED BY ME EACH MONTH UNTIL I STARTED FILING COMPLAINTS THROUGH CFPB IN XXXX XXXX ... THERE WOULD HAVE BEEN NO FURTHER DISPUTE, NO FRAUDLENT CREDIT BUREAU REPORTING, ETC. THE FINAL CORRECTION DEMANDED BASED UPON SPS ' ERROR IN XXXX XXXX, IS THAT MY CREDIT WORTHINESS BE RESTORED AND THE LATE REPORTINGS TO THE CREDIT BUREAUS FOR THE MONTHS OF XXXX, XXXX, XXXX XXXX BE CORRECTED. SPS HAS ALREADY CORRECTED THE PRIOR MONTHS CREDIT REPORTINGS TO THE BUREAUS FOR THE PREVIOUS MONTHS IN THEIR RESPONSE TO MY CFPB COMPLAINT NUMBER XXXX. THEY SHOULD HAVE CORRECTED THESE THREE MONTHS AS WELL AT THAT TIME, BUT THEY CONTINUE TO CONDUCT THEIR BUSINESS IN A DISHONEST FASHION, DEFRAUDING CONSUMERS OF THEIR RIGHTS. I FOLLOWED UP WITH THEM VIA TELEPHONE SEEKING AN AGAIN TO ACHIEVE AN AMICABLE SOLUTION AND NOT INVOLVE OUTSIDE PARTIES, HOWEVER, SPS LEAVES ME NO OTHER RECOURSE BUT TO CONTINUE MY COMPLAINT THROUGH CFPB.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92887
Submitted Via: Web
Date Sent: 2016-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I lost my job at the end of XXXX. On XXXX XXXX, we requested a Loan Modification from XXXX XXXX XXXX, filed all the requested paperwork, more that one time, I might add. Delays and more delays and nothing happened. Finally, in XXXX XXXX, we had a meeting in person, with a XXXX Rep. and started another request for XXXX, kept in touch with her for a couple of months, emailed her often to check status, advised her in XXXX XXXX that I had found a good job and we felt confident to resume payments. We stressed very often that we wanted and would do anything to keep our home, just tell us what to do, to no avail. Then the loan went to XXXX XXXX, then to Select Portfolio Services, and of course every time, a new XXXX request, more paperwork, and it dragged and dragged. Of course as time goes by, interest and late fees keep accumulating, what was a XXXX balance, got to XXXX, we still wanted our home, but finally in XXXX of XXXX, almost 4 years later, the only thing left for us to do was a Short Sale or Deed in Lieu, really? after 4 years? At what point we had control of the time all this show took place? We could n't abandon the house, we could n't make payments because no agreement had been made, we would 've lost that as well. Only thing for us to do was to maintain the property, and we did, even though we did n't live in it full time because of our jobs in another town. The house was merely to spend 4-6 days a month while being off work, and served as storage for our furniture. My wife and I still live with relatives because our credit is shot and because guidelines wont let us buy a house for 3 to 7 years. XXXX XXXX sold the house 2-3 months after we moved out. We lost our home of 8 years, down payment, closing costs, improvements, not to mention the stress and the uncertainty of the outcome, alongside with the credit consequences that now wont let us even attempt to apply for a mortgage anywhere else. A deal is a deal. It was very unfortunate that I lost my job and I expected consequences, like missed payments I had to make up for, late fees, penalties, interest, etc ... and we were ready to comply with that, that would 've been easier, but they kept pushing for a Loan Modification, we did n't wanted one after XXXX XXXX, but they always had control and their plan was to build up the debt, make the house go underwater and forced us out, and it worked. We lost our home and ca n't buy another because our credit shows a Deed in Lieu and no mortgage company wants part of us. Guidelines, they say, you have to wait. Have n't we lost enough already?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 780XX
Submitted Via: Web
Date Sent: 2016-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-13
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: I began applying for a loan modification with my mortgagor, Select Portfolio Servicing on XXXX/XXXX/2015. I began submitting the documents they requested. I have submitted a hard ship letter, bank statements, lease agreements for the subject property, lease agreements for other properties I own. Each time I submit a requested document, I get a letter stating that they have received the info they requested and once they receive a complete application along with third party approvals they will send it to underwriting. Once I receive these notices I call, then they request some other document. This process has been going on since XXXX 2015 and now the want something more bank statement detailing the rents I am receiving. I had explained in the hardship letter that I was having trouble collecting rents consistently. They want copies of canceled checks when most of my tenants pay with cash or money orders. I do not take checks because the bounce then the bank charges me a fee plus take the money from my account. They seem as though they do not want to modify my loan. I wonder if they ever give loan modifications to their customers.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 452XX
Submitted Via: Web
Date Sent: 2016-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: A couple years ago my Husband went from XXXX a year to XXXX a year we fell behind on our mortgage. I n the middle of the Modification XXXX sole us out to Select Portfolio Servicing. So we started another Modidication. We are 24 months deliquant. We just got another Mod and went from3.5 % to 4.5 % our payments went up and we ca n't afford them. We are up side down about XXXX our loan went from XXXX to XXXX I just do n't know where to turn
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 17315
Submitted Via: Web
Date Sent: 2016-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I tried respond to ltr from Select Portfolio Servicing from XX/XX/XXXX, you could not answer my questions that I submitted in my ltr of XX/XX/XXXX. For this reason, not only have you committed Mortgage Fraud but also Foreclosure Fraud in which I will file in court against SPS, XXXX XXXX, XXXX XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX.Complaint 1 - Where is the confirmation that the alleged liens were paid off when it is clearly noted on a credit bureau ( which I will be filing a complaint ) that there is an outstanding lien from XXXX XXXX from XX/XX/XXXX on XXXX XXXX XXXX - duly noted alleged paid off but recorded and acknowledged as a payoff on closing documents for XXXX of XXXX XXXX in XX/XX/XXXX and also listed on a HUD-1 statement. Now, XXXX XXXX is pushing for EXTORTION trying to collect on a debt that was paid twice through XXXX, XXXX, XXXX and XXXX XXXX XXXX who claim they have no records but yet recorded. ( see attached ) also see attached original HUD-1 statement from XX/XX/XXXX indicating all of the above. This is MORTGAGE FRAUD, EXTORTION, and DISCRIMINATION AND TAKING ADVANTAGE OF A XXXX CITIZEN WHO HAPPENS TO BE A XXXX LADY WITH MANY XXXX AILMENTS that requires ongoing doctor care. Who is XXXX XXXX to say that I do n't live in my house at XXXX XXXX when you can come there any day and see all my personal possessions there? Yes I go to XXXX my daughter I have doctorsin XXXX that I see. My mail comes to XXXX places, my bedroom, clothes are at XXXX XXXX XXXX, XXXX, XXXX XXXX as I will file a complaint of slander and defamation of character against XXXX XXXX and XXXX XXXX on the grounds of discrimination and trying to make a quick {$7000.00} and making sure I do n't receive anything as discussed {$10000.00} for relocation assistance under HAFA. It 's clearly and duly noted that no Loan Modification NEVER took place in XX/XX/XXXX from XXXX XXXX as I have come to the conclusion it was fake documents & fake signatures of a vice president from XXXX XXXX. I had been paying {$1500.00} since I got the loan in XX/XX/XXXX and I do n't care which way you break it down it has remained the same balance. So SPS and XXXX XXXX has lied including attys XXXX XXXX XXXX. I submitted a HAFA Affidavit through my alleged attory office of XXXX XXXX XXXX XXXX and was never filed/completed with all documentation to you is a lie! Listing XXXX XXXX is Extortion! No HUD-1 received either. XXXX claims there 's a XXXX owe to XXXX XXXX this is a lie. SPS states all liens were paid satisfactory. See all attached documents! Of HUD-1, letter of XX/XX/XXXX from SPS ( I received it on XX/XX/XXXX & prior to this never received nothing from SPS was told that I was supposed to receive a ltr on XX/XX/XXXX from XXXX XXXX of SPS in a recorded conversation on XX/XX/XXXX XXXX. - somebody is lying ) RELOCATION ASSISTANCE WAS REQUESTED AND I WAS ADVISED THIS WAS APPROVED. SPS is asking for a FINAL HUD-1/Closing Disclosure is signed when I never received the preliminary HUD-1 Disclosure requesting relocation assistance under the HAFA! ( see attached ) I received a ltr from SPS extending any type of closing or sale of house to XX/XX/XXXX. On XX/XX/XXXX spoke w/Mr. XXXX XXXX regarding HAFA. HAFA Affidavit was submitted on XX/XX/XXXX to the real estate attorney XXXX XXXX XXXX, XXXX attention XXXX and a hardship ltr was suppose to be submitted w/my papers to SPS. I am finding out this never took place. I 'm a XXXX XXXX XXXX medical needs that are not covered under my Insurance.My realtor XXXX XXXX assured me she would write the ltr on my behalf and she lied.When SPS took over XX/XX/XXXX the mortgage was never modified in accordance w/XXXX, Vice President there was never a reduction of {$1400.00}. I always paid {$1500.00}. Never paid $ XXXX.will testify under oath/proof! Mortgage Fraud and Predatory Lending. Please Help!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 85345
Submitted Via: Web
Date Sent: 2016-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-11
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I applied for assistance in saving my home with Select Portfolio Servicing my servicer. They denied me on XXXX/XXXX/XXXX. I have an attorney helping me with the paperwork and they filed an appeal for me on XXXX/XXXX/XXXX. SPS sent me a letter on XXXX/XXXX/XXXX stating they received my appeal and they would respond to me within 30 days. I then received a denial of my appeal on XXXX/XXXX/XXXX. The problem and illegal action for which I am complaining is that SPS recorded a Notice of XXXX against my property on XXXX/XXXX/XXXX. According to my attorney, RESPA Reg X ( 1024.41 ) States no foreclosure action shall be ordered while a borrower is under an active review for loss mitigation. My appeal was not yet denied and I had not cancelled my request for appeal or review. The fact that they recorded a notice of sale on XXXX/XXXX/XXXX, which is 6 days before I was denied, is against Respa Regulations. In addition the denial letter makes no sense and basically confirms that they could appprove an affordable payment that is below XXXX % of my income. It also confirms they are using the wrong interest rate for my review. My current interest rate is 2.75 %. However, as you can see in the letter they are using my contractually due interest rate of 7.75 %. This is not how the guidelines are written. The review must use the current interest rate of the loan and not the interest rate of my loan from XX/XX/XXXX. SPS is basically just making up excuses and at the same time dual tracking my foreclosure. PLEASE ENFORCE RESPS REG X. What is the point of having Respa regulations without doing anything to enforce it. This CLEARLY shows on XXXX/XXXX/XXXX they confirmed my review was open and under review ( See attached letter ). How can they record a Notice of Sale on XXXX/XXXX/XXXX? RESPA Reg X states that the only way they can order a Notice of Sale to be recorded is after the appeal is denied or after I have advised them I am no longer appealing the denial. I never advised them I was cancelling my appeal. There are no questions regarding the timeline. They simply violated Respa Reg X by fling the Notice of Sale on that date. My attorney tells me that every time this happens, the servicer simply does nothing and continues with the foreclosure. CFPB does nothing except collect information and then I lose my home. CFPB in my opinion should demand the servicer rescind the Notice of Sale and re- record it if necessary after the XXXX/XXXX/XXXX date. Otherwise I am advising both CFPB and SPS that this home will be foreclosed illegally and I will pursue all legal action to reverse and cloud the title after the foreclosure if the Notice of Sale is not rescinded and re-recorded legally.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89148
Submitted Via: Web
Date Sent: 2016-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-10
Issue: Settlement process and costs
Subissue:
Consumer Complaint: XXXX XXXX attorney for XXXX TRUSTEE. Refuse to release all funds in escrow and INSURENCE funds. XXXX XXXX TRUSTEE V XXXX XXXX INDEX XXXX is disposed. XXXX XXXX still refuse to release my funds
Company Response: Company chooses not to provide a public response
State: NY
Zip: 11433
Submitted Via: Web
Date Sent: 2016-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-08
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Select Portfolio is attempting to foreclose on a home they have no legal rights too. We have asked that they provide copies of the note. They have advised us in writing that the note was destroyed/manipulated. Therefore they are unable to produce it. Our contention is that neither XXXX XXXX ( who also has admitted to know be the lender ) nor XXXX XXXX XXXX posses the note. In additional XXXX accounting is suspect at least. They large principle payment ( over {$100000.00} ) made on the loan never cured the rearrages. It was applied to the principal balance and the loan remained in default.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-06
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I need help working with Select Portfolio Servicing on my home mortgage. They advised me to not make payments to qualify for HAMP modification. Now, they have told me that I do not qualify for HAMP modification, and the home is in foreclosure. I only owe approx.. {$18000.00} on the home. Select Portfolio Servicing ordered an appraisal that values the home at {$67000.00}, 2 months ago. They have started foreclosure only since the appraisal was received, and they knew the equity was in the home. I have spoken with my local bank and they said the " ability to repay '' for my husband and me is within policy, according to the new XXXX XXXX requirements. We have fixed monthly income from Social Security and my husband 's pension. The only debts we have is our car loan and we recently paid off a small debt to " Whynotlease? '' We really feel they have advised us not to make payments until the review was completed. After the review was completed they said we did not qualify for a modification, and they began foreclosure. They realized there was equity in the home, and proceeded to foreclose for benefit of Select Portfolio Servicing. Please Help!! XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: 743XX
Submitted Via: Web
Date Sent: 2016-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No