Date Received: 2015-08-06
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: SPS failed to answer a majority of questions in the QWR letter dated XX/XX/XXXX from the XXXX and XXXX XXXX ( " the XXXX '' ). SPS says that the questions posed in the letter were " so broad that we can not determine the specific error you claim has occurred on your mortgage. We have determined these assertions are overly broad and therefor are unable and are not required to respond. '' This is a stock fallback non-answer, a loophole permitting a non-response and we reject that position. SPS has provided in writing through previous correspondence that the " investor '', " creditor '', " noteholder '', and/or " owner of the account '' is : " XXXX, as Trustee, Successor in interest to XX/XX/XXXX, XXXX XXXX, as Trustee for XXXX XXXX. " However, XXXX, as Trustee, denies that they are the owner of the mortgage and note. In a letter dated XX/XX/XXXX, XXXX XXXX XXXX of XXXX stated that, " XXXX is merely the trustee for the Trust which owns the mortgage and note. Please note that the Trust is the owner of the mortgage and note, not the trustee, or XXXX in its individual capacity. '' ( See XXXX letter. ) We now submit the following NEW ( not duplicative ) questions in the form of a QWR under Real Estate Settlement Procedures Act ( RESPA ) Section 6. 1 ) Who is the owner of the note and mortgage? A copy of the SPS letter dated XX/XX/XXXX stated that the " note holder '' ( also incorrectly referred to as " investor '', " creditor '' ) is : " XXXX, as Trustee, Successor in interest to XXXX, as trustee for XXXX XXXX XXXX XXXX, who is the owner of the account, and SPS is the mortgage servicer. '' Nowhere does SPS refer the XXXX as the " Lender ''. No documents have been provided verifying when or how XXXX became the noteholder. ( Pursuant to Dodd-Frank Amendments to TILA we have the right to request the identity ( ies ) of the holder of the mortgage note at any time 15 U.S.C. 1641 ( f ). ) 2 ) Who are the servicers ( all current and all prior ) for the above referenced note and mortgage? Pursuant to 12 USC 2605 ( b ), 24 CFR 3500.21 ( d ). We have not been notified of all servicing transfers of the loan. Provide the names and addresses of any servicer who accepted monthly payments for the loan and who administered the loan. ( Pursuant to guidelines issued on XX/XX/XXXX by the Office of the Comptroller of the Currency, SPS should have received a signed contract from the transferor ( s ) and other documents providing evidence of the debt in question. ) Provide all account numbers used by the bank ( and its predecessors ) to identify the debt at issue. 3 ) What is the payoff amount of the debt at issue? How is this amount calculated? ( SPS failed to respond to our questions in our XXXX QWR about accounting for the loan including XXXX # XXXX and XXXX # XXXX " Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities ''. ) 4 ) Did SPS report delinquencies or other negative information to credit reporting agencies? The XXXX obtained copies of their credit report from XXXX and XXXX XXXX which list erroneously that the " Account previously in dispute - now resolved - reported by credit grantor ''. We dispute any and all information provided by SPS to any agency, as this information is false and deceptive. These matters have not been resolved.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 105XX
Submitted Via: Web
Date Sent: 2015-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-06
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am in the loan modification process but at the same time the mortgage lender pursues foreclosure remedies in state court while simultaneously is offering me a mortgage modification ( DOUBLE TRACKING )., This is my house primary residency ( and in Florida, XXXX XXXX JUDGES DO NOT ALLOW CANCELATION OF FORECLOSURE SALE ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33186
Submitted Via: Web
Date Sent: 2015-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-06
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We have been working with our mortgage lender, Select Portfolio Servicing Inc. XXXX SPS XXXX, to get a loan modification since XXXX of 2014, unfortunately we have been denied twice. Since I was laid off of work in XXXX of last year, we applied to Keep your Home California ( KYHC ), only to find out that we did not qualify because they stated that SPS told them that we were approved for their Unemployment Assistant Program. I called SPS and they assure us that we where approved for the unemployment program, and to wait for " the letter '', this was back in XXXX of this year. Since then I have called every week and spoken to multiple representatives who have contradicted themselves over this issue. We lost assistance from KYHC because SPS claimed we were approved, then we were told that we were not approved that it was still pending, one of the supervisors said that in the computer notes it showed that we were told that we were approved without confirmation by the loan resolution department, when I asked to talk to that department, they said that they do not talk to clients directly. Last time I called a supervisor told me that he would escalate our case and we should have a definite answer by this Friday, that someone from the resolution department would contact us. I am soooo upset because we lost 2 months of assistance from either of the programs.
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 91932
Submitted Via: Web
Date Sent: 2015-08-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-08-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We just received a dismissal of bankruptcy in XXXX of this year. The next month we recived a call from Select Portfolio stating that our mortgage payment was late. I called to find out what the problem was and was told that every payment we had made with them fro the past year ( they took over the loan from XXXX XXXX XXXX, 2013 ) was late. I stated that we were current with our loan, and have subsequently spoken with them XXXX more times and told to get a payment history, and they just have the same answer every time. We did recive a letter from XXXX in XXXX of 2014 stating we has a late payment at some time in the previous 12 months. I called the number provided but they would not talk to me about it because we were in bankruptcy. We also were getting the " pay for performance '' incentive until XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80123
Submitted Via: Web
Date Sent: 2015-08-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: my mortgage was sold or transferred to another company without any notice to me. I called today our mortgage servicing company ( SPS Inc. ) ( XXXX/XXXX/15 to make the monthly payment and was told that it was no longer with them ( SPS INC ) I was told it was now with XXXX XXXX XXXX XXXX, when I called XXXX I was told there was no loan with them. I called SPS back and was told that a letter was sent to me on XXXX/XXXX/15 we never received any letter from them or a letter from XXXX saying they now have our mortgage. On XXXX XXXX I called SPC Inc. spoke with our case manager XXXX XXXX, to inform SPS that I changed home owner insurance and wanted to inform them of the new company I was never told that our mortgage was transferred to another company. I received our loan statement dated XXXX/XXXX/15 for the XX/XX/2015 payment ( see attached ) the post mark on the envelope is dated, XXXX/XXXX/15. why would SPS send us a statement requesting payment to them for XXXX/XXXX/15?, SPS ; states that a letter was sent to us on XXXX/XXXX/15 saying our account was transferred to XXXX?? we never received a letter from SPS to this date nor have we received any correspondence from this so called XXXX XXXX. my complaint is, is it legal to do business this way?. Just who do we pay our mortgage to? we are trying to establish our credit status to apply for a VA loan this can do harm to our credit worthiness ( this is a FHA loan ) please help us resolve this issue. thanking you for your prompt response to this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 20705
Submitted Via: Web
Date Sent: 2015-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-08-03
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: 1. On XX/XX/XXXX the XXXX County Court entered a Final Judgment of foreclosure setting a sale date for XX/XX/XXXX. 2. On or about XXXX XXXX, XXXX I applied for a Loan Modification to the servicer Select Portfolio Servicing ( SPS ). 3. On XXXX XXXX, XXXX, because of my application SPS filed a motion to cancel sale. 4. On XXXX XXXX, XXXX at a hearing, the Court entered an order cancelling the foreclosure sale on XXXX XXXX, XXXX. 5. I kept been sending requested information to SPS. On XXXX different occasions I received letters stating the SPS had received a complete Assistance Review Applications. But, I never received information as to the outcome of their evaluation in violation of Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( ii ), even though they stated in their communications that I would get an answer in 30 days. 6. On XXXX XXXX, XXXX the servicer SPS filed a motion to schedule a foreclosure sale, thus starting " Dual Tracking '' in violation of federal law Regulation X, 12 C.F.R. 1024.41 ( g ), since they had not responded to my modification application. 7. The foreclosure sale date was set for XXXX XXXX, XXXX. 8. On XXXX XXXX, XXXX because my modification was still been processed SPS filed a motion to cancel the sale on XXXX XXXX, XXXX. 9. On XXXX XXXX, XXXX at a hearing, the Court entered an order cancelling the sale. 10. The foreclosure sale was rescheduled for XXXX XXXX, XXXX. 11. On XXXX XXXX, XXXX because my modification was still been processed SPS filed a motion to cancel sale on XXXX XXXX, XXXX. 12. On XXXX XXXX, XXXX at a hearing, the court entered an order cancelling the foreclosure sale on XXXX XXXX, XXXX. 13. The sale was rescheduled for XXXX XXXX, XXXX. 14. At last, On XXXX XXXX, XXXX and about eleven months after my modification application SPS responded to my modification application for the first time with a denial using an incorrect gross income. Corrections were made and on XXXX XXXX, XXXX a XXXX denial of my modification was issued in spite of the fact that I demonstrated to them that I make more than {$4000.00} a month which is enough to start paying my mortgage. 15. The fact that SPS thru their lawyer has pleaded to cancel the sale so many times without giving me an answer to my modification application demonstrate their violation of Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( ii ) and Regulation X, 12 C.F.R. 1024.41 ( g ). 16. The court could have sold my property at any of those scheduled hearings. 17. On or about XXXX XXXX, XXXX I applied for the HAFA program. First SPS considered me to for a cash for keys program. Then I was considered for a Deed in Lieu. In both cases SPS denied the XXXX options and decided to offer me the short sale option. 18. On about XXXX XXXX, XXXX I signed a contract with a realtor to work on the short sale. 19. On XXXX XXXX, XXXX in view of my application for a short sale, SPS filed a motion to cancel the sale on XXXX XXXX, XXXX. 20. On XXXX XXXX, XXXX Once again, the court postponed the sale for XXXX XXXX, XXXX. This happened only because I had a copy of a short sale contract that my realtor had prepared. The SPS lawyer had no evidence to present to the court. 21. A week later or so, SPS rejected the short sale contract that my realtor had sent to them. 22. At the present time my realtor is diligently working to offer another short sale contract. 23. SPS as anybody that knows a little about real estate transactions knows that no short sale is going to be completed in the amount of time left before XXXX XXXX, XXXX. 24. On XXXX XXXX, XXXX there is not going to be more postponement and the court is going to sell my home to the highest bidder. 25. Regulation X was enacted to exactly stop the kind of behavior that SPS has displayed in my case, in which they have violated many times Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( ii ) and Regulation X, 12 C.F.R. 1024.41 ( g ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33186
Submitted Via: Web
Date Sent: 2015-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-08-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Mine and my husbands mortgage has been sold a few times in a couple of years. We have been trying to refinance for a few years now. We were with XXXX XXXX Loans until XXXX 2015 when they sold our mortgage to SPS Select Portfolio Servicing and that is when the trouble started. When we were with XXXX we fell behind a month and we were trying to get it paid back but because my husband lost some income and a few unforeseen bills we were unable to catch it up. When SPS took over our mortgage we had explained the issues we were having but they did not care did not want to hear about it. I tried to go thru a hardship with them but when XXXX of the people there started telling me what documents they needed I started to ask questions. She then said they needed a copy of our bank statement and I said to verify our income right and she said " NO WE NEED TO SEE WHERE YOUR MONEY IS GOING TO ''. I said that where our money goes is really none of their business she said well we need it. I would not send them anything after that. In the middle of XXXX I called SPS to try to make arrangements for the Payment for XXXX which I did set up and the person I was speaking with said that if I made a half of the payment we were behind they would put it aside in our account until we could make the XXXX then we would be caught up. A couple of weeks after that I received a letter from SPS saying that we were three XXXX XXXX ) payments behind and they were going to forclose on us. I called them and the gentleman I spoke to said that they did not receive a payment for XXXX when I ask why I was just now hearing about it he really had no answer now where they are coming up with three payments I have NO idea. We knew we were behind XXXX ( XXXX ) payment but where they came up with XXXX we do not know. We were told to contact you to see if you could handle this for us. We have been trying to do a refi on our house for a couple of years now we do n't qualify for harp because we are upside down. We are paying 8.5 % interest and no one wants to help us. I think SPS is trying to just take our home. We are a family of XXXX our XXXX daughter is XXXX and lives at home with us and I do n't know what I would do with her if we lost our home. I was told that XXXX XXXX Loans sold our mortgage because they were afraid that they were going to get in trouble for being a Predatory Lender. Please help. Thank You
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 85746
Submitted Via: Web
Date Sent: 2015-08-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-07-31
Issue: Deposits and withdrawals
Subissue:
Consumer Complaint: My guest trailer/camper burned down XXXX 2014. Insurance paid out XXXX dollars. I have spent about {$60000.00} in clearing, demolition, and rebuilding to date. SPS my mortgage lender has paid out {$29000.00}. Now the County has tagged my property for various violations and the DA is threatening Jail time if violations are not fixed in a timely manner. I have reported this to SPS and filed all paper work for proper reimbursement. How ever SPS has been stalling for the last two months and I could end up in jail. Please help
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 902XX
Submitted Via: Web
Date Sent: 2015-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-31
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I applied for assistance in saving my home and was denied assistance back in XXXX 2015. My servicer is SPS and I believe they were missing some of my income as the amount they used in that review seems incorrect. I have recently submitted updated financial information via my attorney ( XXXX XXXX, 2015 XXXX and I believe I qualify for a loan modification to save my home. However, SPS has set a sale date on my property for XXXX XXXX, 2015. I am worried they will not post phone my sale date and I am asking for the help of the Consumer Financial Protection Bureau in asking them to allow me to be reviewed for assistance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2015-07-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-30
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Back in XXXX or XXXX I filed a compliant in ref to my mortage company Slect Portfolio Servicing, after the complaint was filed thatnks to you 's I was able to get a modification with was suppose to tart new payments on XXXX XXXX, According to them they sent me some papers in which needed my signature and I was suppose to fax and mail papers back to them, according to them those papers were sent and they were calling to se if I had fax & mail them back to them, I explained to Rep that as of that day I had n't received there papers rep informed me that they will send new papers out and that as soon I received them I was suppose to fax & mail them back to them, papers arrived 6 days later and as I was told they where sign, fax and mailed a couple of dayslater I received a call from them I which I was told that paper work was not received and they want to know why, I explained to rep that papers were sign, fax and mail and according to them they had not received them I told rep that I had made copies and that I will refax and mail my cpies to them she stated that they will arrive late and that she will see what can be done but that since it was just XXXX days later she did n't think it would be a problem she will let me know.I waited a couple of days then I received a call from them letting me know that nothing could be done if I wanted they could send me a new set of papers so I could start from scrath and see what happens a couple of weeks ago I received a letter from the court stating that my home once again was in foreclosure again and the date will be XXXX, I received their paper work I completed it mail it express mail, I received a call and was inform they had received papers but that they can not submit a hold on the forclosure because papers have to be reviewed and then they can submit a hold, I take responsibility for papers being later due to the fact that they were sent to me late but what am I going to do now, my case # was XXXX.Please let me know what can be done now to see how can this be fit.Thank you XXXX Bless
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32824
Submitted Via: Web
Date Sent: 2015-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No