Date Received: 2015-07-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My clients home is up for foreclosure sale on Tuesday XX/XX/XXXX ( THIS TUESDAY ). It is on the court 's docket. The loan apparently transferred servicing from XXXX XXXX XXXX to SPS effective Wednesday XXXX ( tw days ago ). We are unable to dicover the status of loss mitigation application as XXXX XXXX XXXX can not open their records due to the transfer and SLS has no record of it in there system per my call this afternoon! Attached are the serviving violation detailed specifically. Thank you for your assistance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 29464
Submitted Via: Web
Date Sent: 2015-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XX/XX/2015 I received Notice of Acceleration and Forclosure from XXXX XXXX, XXXX on behalf of Select Portfolio Servicing.On XX/XX/2015 I responded with A Validation of Debt letter.A notarized copy of the Validation of Debt letter was faxed to XXXX XXXX, XXXX, XXXX number XXXX certified copy was also mailed to SPS and XXXX XXXX XXXX XXXX. On XXXX XXXX i received a certified letter from XXXX XXXX, XXXX stating that no documentation in regards to my request would be provided. Because I did not respond within the FDCPA 30 day time frame. This is clearly untrue. I have attached the Notice of Sale dated XX/XX/2015, Notarized Notice Of Validation of Debt dated XX/XX/2015.which was faxed and sent certified mail to XXXX XXXX , XXXX and Select Portfolio Servicing. FDCPA states : ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MS
Zip: 386XX
Submitted Via: Web
Date Sent: 2015-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-07-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: An illegal foreclosure has been started against my home, even though I was still in the modification redemption process. I will file a Chapter XXXX bankruptcy petition to stop this action if necessary, but under the amended Fair Debt Collection Practices Act of XXXX XXXX, 2014, I was protected of any ongoing actions for a foreclosure action until all modification remedies have been exhausted. Select Portfolio Servicing , Inc. has through their lawyers brought this foreclosure action against me, thus violating my rights under FDCPA.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 010XX
Submitted Via: Web
Date Sent: 2015-07-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I got conflicting information on an accepted loan mod from XXXX XXXX XXXX and do n't know what to do
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 27615
Submitted Via: Web
Date Sent: 2015-07-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Select Portfolio Servicing began servicing my mortgage in XXXX 2013.After it was transferred from XXXX.I have been applying for a modification with SPS since that time.to no avail.I am always told that the information that I have provided is incomplete.As a result I was notified that I have no home retention options available. So I agreed to a Deed in Lieu. I was never contacted by anyone or received any documents to sign to began the Deed in Lieu process. I tried several times to contact my relationship manager { XXXX XXXX } .But only spoke to someone in her department.During this time Received a pay increase and submitted another modification package through XXXX . I received a call on the very day that the modification was submitted from XXXX XXXX .She said that the complete modification package had been received, but it would not be reviewed because a sales date had been set.When I inquired about not receiving any documents in regards to the Deed in Lieu she became very rude and said that she could not hear me and that she would have to end the call.Now I realize that SPS never intended on giving me the opportunity to prove that I am capable of making my mortgage payments. Their only goal was to take my home the way they have taken so many other hard working Americans homes.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MS
Zip: 386XX
Submitted Via: Web
Date Sent: 2015-07-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We believe that our loan servicer ( SPS ) is not following MHA guidelines in connection with their review of our Request for Mortgage Assistance. According to MHA Handbook XXXX XXXX, Section XXXX an Acknowledgement and Incomplete Information Notice " must include a specific date. '' They gave us a date of XXXX XXXX to send in a complete information package. They ignored the XXXX XXXX date and sent us a letter dated XXXX XXXX saying the had received a complete package. How could they say they had a complete package when we had not sent one?????? Our other even greater concern is that we believe that we qualify for HAMP and SPS does not acknowledge that we made a HAMP request in any of the letters regarding our loan application review that they have sent to us. We contacted MHA XXXX and they said that loan servicer should first consider HAMP before any other loss mitigation options. Below is a list of HAMP eligibility criteria : ( 1 ) Delinquent on mortgage ( 5 months behind ), ( 2 ) Obtained the mortgage before XX/XX/XXXX XX/XX/XXXX ), XXXX 3 ) Our property has not been condemned, XXXX 4 ) Owe less than {$720000.00} ( {$370000.00} ) ( 5 ) We have not been convicted of any crime in connection with a mortgage or real estate transaction, and ( 5 ) We pass the Net Present Value Test,. We wish that SPS would finally acknowledge this and give us a HAMP loan. Why are they not telling us anything about HAMP when reviewing our applications? SPS did send us separate letters about assignment of an appointed of a HAMP relationship manager. The last time I talked to one of the HAMP relationship managers they wanted us to pay our delinquency or agree to a short sale or deed in lieu of foreclosure. They also said that we could not request a HAMP. I do n't understand that. They have never given us a HAMP so why should we not be able to apply. But these conversations cause me a great deal of stress, and do not wish to talk to any SPS person that has the same old story.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2015-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-07-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX XXXX, as Trustee ( successor to XXXX XXXX ) failed to abide by Consent Judgment entered in XXXX. XXXX. See attached Complaint.
Company Response: Company chooses not to provide a public response
State: FL
Zip: 33143
Submitted Via: Web
Date Sent: 2015-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-07-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I applied for a mortgage modification with my lenders XX/XX/XXXX, XX/XX/XXXX and was denied because they said in XX/XX/XXXX I did n't get all documents in which is incorrect then XX/XX/XXXX they said they denied me for Tier 1 and tier 2 because of my income I thought when modifying your loan it brings the interest rate down to 31 % of your income. Well now they said I was denied because my investor has decided to drop my taxes and insurance because of the value of my property and its not in their best interest to modify and they will not add escrow. Well when I purchase this home I had taxes and insurance on my mortgage is it legal for them to just take taxes and insurance off my mortgage if they want to? I am now {$28000.00} in arrearages with my mortgage my house is only appraising at {$35000.00} and I owe then {$61000.00}. What are my options to save my home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38118
Submitted Via: Web
Date Sent: 2015-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Please see attachment. Select Portfolio is making a claim that it represents my creditor. They claim there is an assignment that took place by XXXX assigning my note to some Trust. They never sent me a copy of the assignment. Please help me get understanding and to get them to send me proof of an assignment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: DC
Zip: 20011
Submitted Via: Web
Date Sent: 2015-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-07-11
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX ( servicing company ) sold my mortgage to Select Portfolio Services ( SPS ) in XX/XX/XXXX. I was approx XXXX months behind on my mortgage when the change occurred ( XX/XX/XXXX ), once the loan was transferred to SPS, I paid {$3000.00} on XXXX in effort to catch up to what I was behind, per the statements from XXXX, with a remaining balance of {$300.00}. In XX/XX/XXXX, SPS sent a statement indicating that I was behind {$7600.00} which included the arrears, there was an amount of {$2800.00} was assessed in compounded interest which was deferred interest that should have been added to the end of the loan per a XX/XX/XXXX loan modification agreement I signed with XXXX. The {$2800.00} was instead added to the loan, and I was also advised of a {$1900.00} escrow shortage. I received XXXX notice of a escrow shortage, and there was no indication there was an issue. As a result of the escrow shortage, SPS placed Forced Insurance on my mortgage, and my payment went from {$1200.00} to {$1500.00}. I spoke to SPS about the problem and explained to them the lack of notice about this escrow shortage, and the forced insurance was cancelled but after XXXX months. I was not returned the amount that was assessed as a result of this insurance, when in fact, this insurance should not have been placed on the account in the first place. I ask that CFPB look into the practices by SPS as they have placed a financial burden on me, due to having to my payment going up, and this has caused significant stress this has placed on my personal life.I want to stay in home and would like to continue to make my payment, but the lack of miscommunication, and the error by SPS have been become far too many, and I bring this to your attention, as there very well may be other in my situation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: KS
Zip: 66044
Submitted Via: Web
Date Sent: 2015-07-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No