Date Received: 2015-11-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: SPS is violating California State Law and Federal Law in the handling of my short sale for my property. Complaint # 1 - Denied Access to Relationship Manager. 1. ) When I call SPS I have been repeatedly denied the ability to speak with my assigned relationship manager XXXX XXXX at XXXX. When I request to be transferred to her by the automated system I am sent to the Customer Service department. When I request the Customer Service representative to speak with XXXX XXXX I am told that she is not available. When I ask to leave her a message I am informed she does n't have voicemail and there is no way to reach her other than for the Customer Service representative to send her a task. Most Recently XXXX XXXX at XXXX denied me access to my Assigned Relationship Manager. Complaint # 2 - Violation of HAFA short sale timelines and intentional delays to defeat my rights to short sale my property. 1. ) On XXXX XXXX I called for an update and was told that the short sale was on hold pending documentation clarifying the names between the listing agreement and the settlement statement. 2. ) On XXXX XXXX I emailed the documentation to SPS which included an updated Settlement Statement, a copy of the Trust Documents clarifying the trustees and the grant deed showing the transfer from our personal names to our trust. 3. ) On XXXX XXXX I called to make sure the documents were received and was told they had been received but not processed. 4. ) At the end of the week of XXXX XXXX I called again and was told the Settlement Statement was reviewed but the other documents were not reviewed. 5. ) On XXXX XXXX I called and was told that all documents had been reviewed and the file was complete and being reviewed by underwriting. 6. ) On XXXX XXXX I called and was told that the short sale was denied on XXXX XXXX since the buyer had been changed and a new file would need to be created. The new buyer contract had been sent more than a month ago yet on none of the calls that I had placed in XXXX did anyone from SPS mention that I would need to create a new file. 7. ) On XXXX XXXX I called SPS again and opened a new short sale file by speaking with XXXX XXXX. He also said that XXXX XXXX is going to call me back within XXXX hours. At this point after more than a month of SPS delays I am about to loose my XXXX buyer on this property. My XXXX buyer walked away after waiting 45 days for short sale approval.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-04
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I was approved for a HAMP TPP in XXXX and made all XXXX trial payments but never received the loan modification. I got my loan with XXXX in XXXX which makes it the most fraudulent of all mortgages. XXXX then proceeded with 2 years of wrongful foreclosure action. They maintained a trustee sale on calendar for 12 months at a time and I had to endure massive stress to compel them to postpone the sale 30 days at a time. I was being sued in Superior Court for $ XXXX while XXXX proceeded with 2 years of foreclosure action. I filed a complaint with the OCC and XXXX responded with fraudulent letters. I exposed this fraud and the Executive Analyst who was responsible retaliated against me by continuing to refuse to underwrite my application for mortgagee assistance. XXXX violated Supplemental Directive XXXX by not determining XXXX way or the other if I qualified for the HAMP when it was obvious that I did not. Instead XXXX ( XXXX ) continued to require that I send documentation and information by contending the application was not complete. The application was indeed complete but XXXX refused to accept this. In XXXX of XXXX, XXXX placed me back in foreclosure. I filed a complaint with the CA Attorney General who referred the matter to the CA Monitor at the XXXX XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX. The CA Monitor had a XXXX ATTORNEY CONTACT THE XXXX LEGAL DEPARTMENT AND MYSELF BECAUSE XXXX WAS IN VIOLATION OF THE NATINAL MORTGAE SETTLEMET CONSENT JUDGMENT. I informed the XXXX legal department that I wanted the name of the person responsible and an explanation for why my application was not allowed into underwriting. I received XXXX totally fraudulent letters from XXXX ( XXXX ) dated XXXX XXXX, XXXX and XXXX XXXX, XXXX which were a desperate attempt to cover up how she violated the National Mortgage Settlement Consent Judgment and deprived me of my CA Homeowner Bill or Rights to foreclosure on my home. XXXX then transferred the servicing of the loan to Select Portfolio Servicing. I disputed the transfer of the servicing of the loan as it was under fraudulent conditions but SPS ignored this. SPS has refused to provide information regarding an Affiliated Business Arrangement which I requested in a Qualified Written Request. SPS is concealing this affiliated company and will not inform me as to who it is that is ion control of my application. Senior Legal Specialist for SPS, XXXX XXXX allowed my application into underwriting as is, in XXXX of XXXX ; the day before the foreclosure sale date. SPS had been preventing the application from entering underwriting by contending it was not complete when it was. After XXXX XXXX allowed it into underwriting as is, SPS fraudulently withdrew it from underwriting. It is obvious to me that the very same person form XXXX who was in control of my application, is still in control of my application at SPS and continues to retaliate against me for exposing her for her crimes. I have a Cease and Desist Order attached to my account with SPS which they have acknowledged and complied with. However NOW SPS is requiring that I call THEM. Whenever I call SPS I am informed that they are a DEBT Collector and all information will be used for that purpose. Al the Required Information Notices I receive say the same thing and I am receiving several a month before the previous ones are even due. However other letters state that it is not an attempt to collect a debt. If I do not respond to these SPS can initiate foreclosure and when I do they will not underwrite the application. I have informed SPS that at this point my sole source of income is to rent the property as a vacation rental. SPS refuses to provide assistance to enable me to accomplish this but also has not foreclosed. So SPS obviously could provide such assistance because they have not foreclosed on the home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-11-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-11-04
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: When will the victim ( s ) who has been and is continually torn down to His or Her or their lowest level of Characters Worth receive restitution? I am victim of Identity Theft By my former Mortgage Company who now has Reorganized, but under their new Organization has filed Bankruptcy but has been given the privilege to Reorganize for a third time. Throughout their reorganization process My family and I have suffered tremendously with little help and comfort for our loss for local, from federal and our Government agencies. Why are n't the laws catered to the American individual. The right to sue big business and corporations for their illegal practices and financial damages. I note us as individuals and families that owns our homes and yes once upon a time held great creditable reputations until a criminal or civil act has been committed against us and continues to happens but goes unpunished at the lowest level what are we to do? I am in Bankruptcy now, in order to prevent the legal system local authorities from using a court order to throw my family and I out of our home. I have consulted with everyone ... .. but congress and our President. I am and will always be an American citizen and I served our country faithfully, but yet I am not receiving the proper justice because I am not at the corporate level to bring charges against a corporation but a individual as stated by the FTC telephone representative. I know we can perhaps undo the wrong for all citizens who have been affected like I have. It may take some time, but it will alleviate many nights of despair and discouragement I have due to someone else 's inability to serve the American people within their legal rights in their pursuit of happiness in obtaining the " American Dream ''. Although, I am a innocent Homeowner in American, now a victim of my mortgage company crimes, but labeled and viewed as having the inability to obtain and maintain obligations and responsibility financially because wrongful placement of the credit worthiness I have to wait until all the law is put into place to correct this issue, shuewww!!! How will this new law help me and my fellow Americans?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 29063
Submitted Via: Web
Date Sent: 2015-11-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-03
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I need assistance getting a foreclosure sale that is scheduled on XXXX/XXXX/15 postponed. I am behind in my mortgage payments and have reached out to my mortgage company for help. They told me to send in all the application paperwork so I can be considered for a loan modification which I have already sent in. Now they are telling me it is too close to the sale date to do anything, please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91701
Submitted Via: Web
Date Sent: 2015-11-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-02
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: when we bought our house last year, we volunteered to sign up for an impound account so that we would n't miss a payment. Our mortgage servicer, Select Portfolio Servicing in XXXX XXXX XXXX, Utah, takes our money for property taxes, and then refuses to pay them. They have had XXXX opportunities to pay on time, and have failed all XXXX times. Last year, we faced XXXX dollars in fines because of them. This year, i 'm lucky i caught it on time, because they XXXX yet again. This is nonperformance of our mortagage service agreement, and they need to sell our loan to a competent servicer. This is ridiculous.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94087
Submitted Via: Web
Date Sent: 2015-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We are the owners of XXXX XXXX XXXX XXXX , XXXX, CO XXXX. SPS is the current servicer of the loan being foreclosed. A foreclosure sale date is currently scheduled for XXXX XXXX, 2015. A short sale offer at a purchase price of XXXX was submitted to SPS last week. See the attached Contract and Short Sale Addendum. SPS also has the attached estimated HUD. SPS approved a short sale on substantially similar terms earlier this summer - see attached. Although the purchase price of that contract was {$XXXX}, the current pending offer represents the full BPO value that SPS received for the property. Yesterday, our short sale coordinator informed us that he was told by SPS " that there 's no way to postpone that foreclosure sale date because the offer is not under review in the investor wants to foreclose. " That is unacceptable. SPS has a cash offer in hand that meets its BPO value. We have approval in hand from the XXXX lender ( XXXX ) to accept the terms proposed on the HUD, which were previously approved by SPS. All we need to close is approval from SPS. If SPS takes this to foreclosure, they are choosing to foreclose on us instead of accepting a cash offer that meets the BPO valuation, and is in hand well before the sale date, which would deprive us of our ability to mitigate our losses by avoiding foreclosure. We need SPS to : ( 1 ) review the file they 're sitting on, ( 2 ) issue an approval, and ( 3 ) give us an ample amount of time to close. Both the Buyer and Sellers are ready, willing and able to close, except for the SPS approval. - XXXX and XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80537
Submitted Via: Web
Date Sent: 2015-10-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Appeal for loan modification denial was declined with servicer stating appeal response was not received on time. However, borrowers emailed and mailed response to servicer on the due date. The servicer failed to open the appeal email from the borrowers.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ME
Zip: 04240
Submitted Via: Web
Date Sent: 2015-10-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: An erroneous amount was drafted from my bank account which amounted to an excessive overpayment XX/XX/XXXX. The loan servicing company refused to 1 ) refund me the difference, 2 ) apply the overage to the appropriate account in a timely fashion ( waited three to four months to finally do this all the while reporting negative information to credit bureaus ), 3 ) remove the late fees applied to my mortgage account, 4 ) reimburse me the subsequent NSF fees I incurred, and 5 ) correct the negative reporting to credit bureaus ( XX/XX/XXXX and XX/XX/XXXX, and XX/XX/XXXX ). Even though I contacted them timely and continued to follow-up up with the loan servicing company multiple times every month regarding this matter, I always received a different story or a request to resubmit the documentation I already submitted. It was not until I filed a complaint with CFPB XXXX that all but # 5 from the list above was corrected to which I continued my dispute of their response. My credit rating should not be damaged due to SPS ' error and refusal to address the matter in a timely and equitable fashion. The loan servicing company made a mistake and now they just need to be accountable for their error in its entirety. Reporting negative information implies that I was not handling my financial responsibilities and I definitely was at that time and continue to. Loan Servicing Company - Select Portfolio Servicing ( XXXX ) XXXX or ( XXXX ) XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92887
Submitted Via: Web
Date Sent: 2015-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I own an occupied resident. I was not aware of a loan transfer to another company, until I received a letter by XXXX with a returned check stating that owe {$17000.00} or go into foreclose. I called the company that I was sending my payments to, the person I spoke to said that they were transferring the payments that I was sending to the new company. I do not know why the original company did not send and email about the transfer. The first person I spoke too at new company could not answer my questions she hung up, so I called back an spoke to another person she explained to me that the company took over my loan XX/XX/XXXX. I asked her why such a high payment she told me that they have not received a payment since XX/XX/XXXX, escrow changed I do n't have escrow and that I owe for their legal fees. She told me that they tried to call but no answer I told her the number they were calling was changed about five or eight years ago. She asked how else they could get in touch with me, I mentioned to her that every other company that took over my loan in the past 25 years has always sent a certified letter within two or three months of taken over. I notice that my account number has changed. I also mention to them that I have no problem of paying my monthly payments if I was aware of this problem when they first took over the loan. And now they want me to pay more which I do n't have in my bank account. I explained that I have n't missed a loan payment in 25 years until this company took it over. I found out that the previous company was returning my payments from XX/XX/XXXX to present. I was asked to submit a dispute letter about the payments. I was trying to get more information before I wrote a dispute letter, so I sent them copies of all my payments to see what they had and I checked with my bank to see what was cashed, returned or that I have n't received. After I sent these copies, that not even a week they sent the amount to pay by wire. I received this letter two days after the date. At that time I was trying to get more information to write my dispute letter. I received a letter that discussion for dispute was closed. At this moment I have not received any correspondence with this company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32548
Submitted Via: Web
Date Sent: 2015-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Hi. I am writing in regards to my mortgage. I have XXXX issues with a company named Select Portfolio Servicing. Once again I have tried to resolve the issues myself and have not been successful. XXXX issue is SPS reporting my payment history to the Credit Bureaus inaccurately. The other issue is the Principle Balance on my loan is not correct.. Before I get into the specifics I would like to thank the CFPB for the help that was given with SPS in XXXX. It really helped I am very grateful that an institution such as the CFPB exists. I am including the prior XXXX case numbers in case they are needed. They are XXXX and XXXX. My first issue is the payment history being reported falsely. SPS had me down with the Credit Bureaus as being late 8 times ( 120-180 days ) since obtaining my loan XX/XX/XXXX. This is untrue so I disputed it with the Credit Bureaus and SPS twice this year. They simply lied and said that it was correct. It actually even got worse! When I disputed it they had me down for 8 times late and after my dispute they now have me down XXXX I actually even made another payment in that time frame. I even made it early and my score went down even more! Payment was due on XXXX ( this month ) and I made it on XXXX. I have never been late even XXXX single time since entering this modification agreement on XXXX with XXXX and have never ever been late ever with SPS even once! I am including my bank statements as proof of payments. Some are duplicates of what I had already sent the CFPB last year, but there is a complete 32 month payment history there. You will notice that about 95 % of my payments have been early too. This is really devastating my credit score to say the least. It is holding me back beyond words. I have taken out and paid off a secured loan early, gotten a secured card that is now unsecured and made all of my payments on time as expected and my score has actually gone down! This is nothing even close to what I agreed to when entering this agreement with XXXX when we were speaking on it in the end of XXXX. I was mislead. They told me how great this modification was and that after a coupe of years of making payments that my score would be back up. It is 3 years later and it is still being kept down by SPS. It is limiting me to the worst credit offers, APR 's and loans out there too. It has literally stopped me from getting any other accounts up and going and it is also serving very well to keep my credit to a point where in which I will not ever be able to get away from SPS by refinancing as my payment history has been mutilated so badly. I did also notice something. SPS does not start reporting any payments at all until XX/XX/XXXX. That also happens to be the month/time when I had to ask for help from the CFPB with SPS the last time. Long story short the CFPB forced them to give me my proper mortgage papers and then after that? I had to ask for help again and have the CFPB deliver my signed docs to them as they claimed not no receive them. They are only reporting from that time on and making me take the damage for all of that time they took. Not even close to acceptable. I have taken far more than I ever should have already. Enough is enough. I have never been late and my score/history needs to reflect that. The other issue is the balance. My first reduction was to take place in XXXX. It never came off of the balance. I went round and round for months. Then I got a message from them saying that they fixed it. They took it off twice! Reduction was XXXX ( for 3 years ). The balance was XXXX ( and some change ) then ... now it is XXXX and some change. That is incorrect. Worse is it is counted as taxable income so they just made it so that will get taxed on XXXX of income this year! Not acceptable. SPS claiming me to be late also negates my reduction eligibility as well. Not acceptable
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 303XX
Submitted Via: Web
Date Sent: 2015-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No