Date Received: 2015-11-21
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: SPS Loan # XXXX XXXX XXXX XXXX, XXXX CA XXXXPlease also refer to CFPB complaint Filed XXXX/XXXX/2015 - Case # XXXX - docs attached. Short Sale was faxed to SPS on XXXX/XXXX/2015. On XXXX/XXXX/2015 we had to file a CFPB because SPS never offered the homeowner any alternatives to foreclosure, and was refusing to entertain the possibility of a short sale - which is a violation of the California 's Home Owners Bill of Rights. They have since postponed the foreclosure and claim to be working on the short sale. SPS obviously uses the term 'working ' lightly .... XX/XX/XXXX We received a counter offer from SPS. XX/XX/XXXX We submitted the buyers response to SPS. XX/XX/XXXX SPS requested a line item on the HUD to be removed. XX/XX/XXXX ( SAME DAY ) We submitted the HUD with the requested correction. XX/XX/XXXX SPS said the HUD was received and uploaded to their system on XX/XX/XXXX. XX/XX/XXXX Today we spoke with XXXX XXXX at SPS. XXXX claims that they have 30 days from the time the last document was received to get an answer. XXXX says it will take that long to get a response on our counter as it has to go through " full short sale review ''. We told her it does not, by the time they issue us a counter offer they have already preformed the borrower eligibility review and the value review on the property and they know what they want to net. We told her they are outside of federally mandated timeframe and will be happy to file a CFPB complaint to get them fined and request it to move along at a more reasonable pace. She THEN claimed that they take five business days to review any document. We told her that today it has been five days, as according to SPS in the phone call on XX/XX/XXXX, the document was uploaded on XX/XX/XXXX She THEN claimed it was not uploaded until XX/XX/XXXX. It is obvious SPS fully intends to drag this out for 30 days. SPS has continually lied on this file and to the homeowner - This is also likely a violation of the Fair Debt Collection Act. This reinforces our comments on our original complaint - Case # XXXX. We find it disingenuous that the ombudsman would make the claims they made on the previous complaint, in light of these continued lies. It is also quite obvious that SPS has become an illegal foreclosure mill and has trained their staff in the art of lies and deceit. ****I find odd that when cornered, the employees of SPS change the date in which docs were received and uploaded into their system. **** I also find it odd that they can restart the short sale process whenever they request a change to any document or receive any new document -even if it is only a simple spelling change to an Estimated HUD . Is this being done to defraud their servicer? The community? The borrower? Or all of the above? After viewing the CFPB 's own website and the internet, it is obvious that this is happening to others thousands of times per month. Should n't the CFPB step in and stop this as per their mandate?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92021
Submitted Via: Web
Date Sent: 2015-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX has engaged XXXX XXXX as her official Housing Counselor to submit this complaint on her behalf. Around XXXX XXXX XXXX contact Select Portfolio Servicing ( SPS ) the mortgagee who is the current servicer of her account. In order for them to quantify her for this special program for homeowners living on a small budget and can longer afford her home due the high interest rate of 10.75 %. This program is entitled XXXX XXXX Relief Program that allow homeowners to keep their homes under a paid in full settlement. Without any other cost to them. When she started reaching out to SPS she was current on her loan and was seeking an answer before the end of that first month never happen. After she had and requested that she be considered for this special program. This how the program works, after producing the required documentation the underwriter will closeout the loan. After XXXX XXXX faithfully submitted everything they ask for, now SPS is refusing to accept her income statement concerning her small pension of nearly 20 years to complete the transaction. They have inform us that they will not and can not accept the bank statement where both her XXXX is been deposit. She had inform SPS that the company only gave her a statement of of what her monthly pension will be and the company is refusing to send her any more statement concerning her pension, after informing SPS they are totally denying and workout option for her. They are using her pension as an excuse in order to keep her loan current rate as it is and force her into a foreclosure. This a predatory lending practice which violate Frank Dodd Predatory Lending Practice Act and Discrimination under The National Fair Housing Act. We are refusing to allow SPS to keep abusing Senior homeowners from practicing this negligence and unsound deceptive business practices. Please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 380XX
Submitted Via: Web
Date Sent: 2015-11-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: A short sale was commenced on my property with SPS ( Select Portfolio Servicing ). On XXXX XXXX, 2015, ON XXXX XXXX, the bank come back with a counter for the amount of {$270000.00} because the XXXX came back for this amount I tell her that is ridicules because this property is in bad condition. Also, the principal balance + extra charge is {$210000.00} was ridicules because the bank request a height offer them the payoff for this account. . My hardship is due to a financial hardship being that I 'm currently unemployed and do n't received unemployment benefits. I just have a baby so I now have XXXX kids to take care of. I has very difficult to live this way. I have made every attempt to salvage my home. I ask that you help to resolve our situation. The bank reviewed my file for a short sale and give to us an " Approval letter on XXXX/XXXX/15 we received the 1st Approval for a XXXX Short sale with the same offer of {$220000.00} then they give XXXX extension, but we can closing the property for a Problems with our bankruptcy and then the bank request submit again the file on XXXX/XXXX/15 because they can not give an XXXX extension on the Approval letter. Now the bank Request a higher Counter offer for the amount of $ XXXX.This property is in bed condition, please see attached Home inspection need a lot of repairs.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20878
Submitted Via: Web
Date Sent: 2015-11-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My wife and I are in a forbearance plan with Select Portfolio Servicing of XXXX XXXX XXXX XXXX. Payments are due the XXXX of each month in the amount of {$2900.00}. I had a verbal approval XX/XX/XXXX to make the XX/XX/XXXX payment in XXXX parts ; an electronic check for {$1700.00} to be debited on XX/XX/XXXX, and i was to sent a paper check fedex for {$1200.00} on Friday XX/XX/XXXX. I had the funds available. The following Monday, XX/XX/XXXX, i checked my online account and saw that the {$1700.00} had not gone through, so I called SPS and was told that the payment " had been processed ''. On Wednesday, XX/XX/XXXX, the paper check which I had fedexed went through amd was paid, but no sign of the {$1700.00} electronic check. I called on Friday, XX/XX/XXXX, and spoke w XXXX XXXX, who told me that the bank had stopped paymen t on the check. ( the electronic one ) i was confused and asked it I had given them the correct account number ending in XXXX, she said it was on the account ending in XXXX. I said " that is my wife 's account '' and i never mentioned the account ending in XXXX. ( plus I am not a signatory on that account ) So on Monday XX/XX/XXXX I go and speak with the branch manager, XXXX Bank in XXXX XXXX XXXX, XXXX XXXX XXXX, she goes online and tells me that the SPS electronic check was never presented for payment to either account for payment, plus the only way the bank stops payme t is if my wife or I go in and fill out a form. So XXXX XXXX lied to me for reasons unknown. She also told me that our conversation was being recorded. She then tells me that now i have to pay the balance of the forbearance amount, {$6000.00} by XX/XX/XXXX or we will be referred to an attorney foreclosure mill for legal action. We got a loan " modification '' in XX/XX/XXXX, And this " forebearance agreement '' in XX/XX/XXXX. The forebearnce agreement followed SPS foreclosure filing, we got an attorney and went through the county court mediation program. Attached to the foreclosure documents was an " allonge '', unattached, undated, supposedly assigning the mortgage and/or note from XXXX ( defunct in XX/XX/XXXX ) to XXXX XXXX by XXXX XXXX XXXX ( defunct in XX/XX/XXXX ). The allonge was n't in the certified mortgage copy I bought at the courthouse 5 or 6 years ago. This has my wife in a terrible state, and i am XXXX working 6-7 days per week trying to do more work as it is. This XXXX dollars is like XXXX dollars to us. SPS CONDUCT SHOULS BE PUNISHED. Our subprime mortgage history is one for the record books and I am getting weary of servicers ' abuses. I went on the MERS website and see that our mortgage is listed as " inactive '' whatever that means. Also, 4-5 years ago when I was looking into a XXXX loan which was recorded and satisfied 5 minutes apart on our instrument summary list at the courthouse, i called XXXX XXXX XXXX XXXX XXXX XXXX, spoke w a woman who sent me XXXX settlement sheets fromOur New Century refinance in XX/XX/XXXX?, they were both marked " paid in full '', they were both for the same amount, {$130000.00}, but XXXX had a " proceeds to borrower '' of {$12000.00} ( that is what we got ), the other was for $ XXXX someone else must have gotten this. So we are getting tired of all this. Please let me know what can be done here. I really appreciate your attention in this matter. Sincerely, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 183XX
Submitted Via: Web
Date Sent: 2015-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: SPS WAS NOTIFIED THAT THE PROPERTY TITLE WAS CLOUDEDThe XXXX Notified SPS of the obvious errors and issues concerning the false and forged nature of Their Promissory Note ; Deed of Trust XXXX Corporation Assignment Deed of Trust ; and the Substitution of Trustee where Bank XXXX " Trustee '' assigns XXXX XXXX, In place of the XXXX XXXX as Trustee. XXXX XXXX never assigned beneficial rights to the Bank XXXX XXXX XXXX XXXX as Trustee! XXXX deny without dishonor any new Loan Servicing agents, Assigned by the Bank XXXX XXXX XXXX XXXX Trustee. SPS States : " SPS is a third party mortgage servicer and services liens on behalf of the Note holder, which includes enforcing the mortgage and note provisions. '' It 's a Material fact the documents SPS as servicer XXXX ... have been using in their attempt to foreclose are a fiction and meritless. XXXX claim that Pursuant to XXXX. XXXX XXXX, If SPS as servicer continues to claim an interest in, for the Bank XXXX XXXX XXXX XXXX, as Trustee f/k/a Bank XXXX in trust for registered holders XXXX Asset-Backed Certificates, XXXX XXXX, or a lien or encumbrance against, XXXX real property, claiming the documents are valid, knowing or having reason to know that the documents are forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the XXXX or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action. The XXXX claims against Servicers SPS and the Bank XXXX XXXX XXXX XXXX per XXXX. XXXX violations are not waived by A.R.S. XXXX ( c ). as noted in the Release of XXXX XXXX attached in supporting documents. XXXX failed to prove their standing under A.R.C.P. XXXX ( a ), that they are the Real Party in Interest in the underlying transaction and entitled to ownership and possession of the XXXX property under the Note and/or Deed of Trust. When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in XXXX. XXXX, the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to XXXX. XXXX '' Since no one is able to produce the " instrument '' there is no competent evidence before the any XXXX that any party is the holder of the alleged note or the true holder in due course. Servicers SPS for XXXX have failed or refused to disclose the Agreement by not giving a full and complete response to the XXXX : Non-negotiable Demand for Discoveries Adequate Assurance of Due Performance XXXX XXXX 2015 Non-Negotiable NOTICE FOR REQUEST OF CONFIRMATION ( 1 ) OF TEARMS AND CONDITIONS OF AGREEMENT AND ADEQUATE ASSURANCE OF DUE PERFORMANCE THAT THE BANK XXXX XXXX XXXX XXXX DID NOT BREACH AGREEMENT " OF TRUST '' ; Non-Negotiable NOTICE OF BREACH OF AGREEMENT ; XXXX XXXX 2015 Non-Negotiable NOTICE OF HOLDER IN DUE COURSE STATUS ; XXXX XXXX 2015 Non-Negotiable NOTICE and DEMAND FOR FULL DISCLOSURE ; XXXX XXXX 2015. Non-Negotiable NOTICE for REQUEST OF CONFIRMATION ( XXXX ). XXXX XXXX 2015. Notice to " Qualified Written Request '' under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, XXXX U.S.C. XXXX ( e ) Notice to Principal is Notice to Agent. Notice to Agent is Notice to Principal
Company Response: Company chooses not to provide a public response
State: AZ
Zip: 85053
Submitted Via: Web
Date Sent: 2015-11-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-11-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Improper contact or sharing of information. Contacted me AGAIN instead of my attorney. ( See previous complaint ). I received a letter from SPS, postmarked XX/XX/2015, addressed to me. It should have been addressed to my attorney, XXXX XXXX. This is the XXXX violation of consumer financial protection law, in my case, concerning improper contact. Letter and envelope is available on request. XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: KY
Zip: 40502
Submitted Via: Web
Date Sent: 2015-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-11-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am presently going through a judicial foreclosure in XXXX. I am not trying to keep the property but have told the Court I would like to sell. There is equity in the property. I am challenging the amount the Servicer is claiming I owe. The Court ordered discovery from both the Plaintiff and Defendant which included payment history. I complied with the payment history I could gather. This history is from XXXX to present. However, the Servicer 's initial history only went from part of XXXX until XXXX. After many requests they finally submitted the payment history 2 days before mediation. When the Servicer 's history was examined gross mistakes were discovered. XXXX of the most egregious is that a foreclosure was instituted when all payments were up to date ( this was done in XXXX ). Since I was not aware of this I agreed to a repayment schedule. After signing the repayment agreement which involved arrears, attorney 's fees, and other fees, I examine the document and found that after six months there was to be a balloon payment of {$14000.00} plus. I contacted the Servicer and asked for a modification because I knew I would not be able to afford the balloon payment. The Servicer then offered me a modification which entailed adding the {$14000.00} plus to my principal. ( This modification was interest only ). I did not fill out any application. I simply received a telephone call from an agent of the Servicer and asked if I wanted a modification I answered yes. He then said he would send me the paperwork. As I remember the modification was XXXX pages long. It is only now after examining the paperwork that was submitted by myself and the Servicer that I discovered this information. The Servicer has been asked many times for a detail accounting of all payments, fees and escrow items paid. They have not been forthcoming. Even their own attorney claims that he has tried to get them. So my complaint entails the following : ( 1 ) illegal notice of foreclosure ; ( 2 ) late posting and in some instances no posting of payments ; ( 3 ) illegal adding money to my principal ; ( 4 ) Under reporting of interest payments to IRS and thus depriving me of addition mortgage interest deductions ; ( 5 ) and I am questioning the standing of the assigned Trustee to bring this suit. The Trustee says and I ( quote ) Please note the Trust is the owner of the mortgage and note, not the Trustee. The Servicer is the party to the trust that has the authority and responsibility to make decisions and take action regarding individual mortgage loans in the Trust. The trustee has no authority or responsibility to review and or approve or disapprove of these decisions and actions. It is the Servicer who has taken all action regarding this property and is the proper party to address your concerns. ( unquote ) This is in a letter I received from US Bank who is cited as the Plaintiff in my judicial foreclosure. I would appreciate you looking into the matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: DC
Zip: 20011
Submitted Via: Web
Date Sent: 2015-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-11-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Property is in foreclosure Case-No XXXX, Judgment sale date is set for XXXX/XXXX/2015. Via our lawyer we work on a Loan Modification. Application was submitted more than 37 days before the sale date. Servicer is SPS, Neither Bank nor Servicer stopped the sale before a MOTION FOR ENTRY OF ORDER CANCELLING AND RESCHEDULINGSALE SCHEDULED FOR XXXX XXXX, 2015 was filed by Plaintiff on XXXX XXXX, 2015. The Motion was denied by XXXX XXXX XXXX, 2015, we received this info on XXXX XXXX by mail. It appears to us that the neither the judge nor Servicer, Bank XXXX as Trustee nor aware of XXXX XXXX XXXX ( g ) or the whole XXXX.
Company Response: Company chooses not to provide a public response
State: FL
Zip: 33904
Submitted Via: Web
Date Sent: 2015-11-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been fighting with my servicers for a number of years in regards to my mortgage. I say servicers because I have been switched around from one servicer to the next over the past couple of years. My present servicer is Select Portfolio Servicing which I will refer to as SPS. I am completely frustrated with SPS. It appears to me that they are totally ignoring laws, rules and regulations that they are required to adhere to. After much research, I decided to mail SPS a Notice of Rescission, cancelling my deed of trust and debt. I mailed them the letter on XXXX XXXX, 2015 and they received it on XXXX XXXX, 2015. It is my understanding that Congress enacted the Federal Truth In Lending Act ( TILA ) to be self-enforcing. Upon mailing of the letter, TILA automatically extinguishes the lien and the liability of the lien. The security interest is void and of no legal effect irrespective of whether SPS or the true creditor makes any affirmative response to the notice or not. The voiding of the security interest is not a procedure in a step to be followed, it is automatic by operation of law. Because the notice of rescission is self-enforcing and the deed of trust is canceled by operation of law, there can be no legal foreclosure. Because there can be no legal foreclosure, any and all foreclosure against my property currently ongoing must be canceled forthwith. The auction currently scheduled for XXXX XXXX, 2015 must be canceled immediately. Under TILA, SPS, or the true creditor, had twenty ( 20 ) calendar days to dispute my rescission letter by filing a declaratory lawsuit against me. SPS nor the true creditor took any action against me. Since they have failed to take any action, SPS and the true creditor, have given up all rights or claims for the money they allegedly loaned to me. They have waived any all defenses to the rescission and they are now in violation of Federal law. Under TILA, my debt is not only unsecured, but it is eradicated starting with the rescission notice and ending with their failure to comply with TILA within the twenty ( 20 ) calendar day period. If the rescission letter is self-enforcing, it bewilders me why I have to go through such measures for them to abide by the law. Under TILA, SPS had to take mandatory steps, one of which was to provide me with a release of my mortgage and the other was to refund me all proceeds resulting from my loan. They failed to follow these mandatory steps. I am writing this complaint because I am actually mortified by their blatant disregard for the law. I respectfully request that you immediately review this case in critical detail and inform SPS of their wrongdoing.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93313
Submitted Via: Web
Date Sent: 2015-11-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-12
Issue: Settlement process and costs
Subissue:
Consumer Complaint: It has been a four year up hill battle with XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX. The fraudulent mortgage loan originated with Country Wide in XXXX Credit was obtained for over XXXX XXXX XXXX dollars in my name by a dishonest loan officer. The loan was put in my name and the loan officer without my knowledge then put through paper work giving the house to the occupants and leaving me personally stuck with the loan. I filed an identity theft detailed report from law enforcement. Law enforcement noted the numerous forgeries from the original loan. I can forward all documents to you at your request. XXXX and XXXX loan services have refused to block the inaccurate information. The occupants of the house became nine months behind when I learned of the fraud. My credit was ruined. There are multiple investigations currently being conducted and led by XXXX XXXX XXXX XXXX XXXX. I need the banks to immediately block this fraudulent inaccurate information according to the XXXX. The banks have all copies of the documents from the authorities and refuse to acknowledge law enforcements findings. The loan officer is currently under investigation for multiple fraudulent loans. I am requesting your help in resolving this matter with XXXX and XXXX In addition after providing ID theft documents to XXXX and XXXX they immediately blocked the fraudulent loans. Thank YouXXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93021
Submitted Via: Web
Date Sent: 2015-11-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes