Date Received: 2015-06-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Synopsis: Select Portfolio Services (SPS) attorneys, a 3rd party Mortgage Servicer acting on behalf of my mortgager, XXXX who purchased the loan from my original mortgager, XXXX foreclosed on my home on XX/XX/XXXX without legal notice or timely contact while I thought I was in the midst of a short-sale agreement. Current status: As of XX/XX/XXXX the home is vacant and unsold. It is under the control and possession of SPS's foreclosure attorney, XXXX XXXX has stripped me of my rights to the property or any ability to perform an orderly short sale. Overview: On XX/XX/XXXX I notified SPS that due to ongoing financial distress and the unsafe structural state of the home, for which I had no funds to repair, for the safety of my family I would need to vacate and short sale the property. I was behind on the mortgage due to a loss of employment and care and XXXX medical expenses XXXX. Financial programs were nonviable, however I specifically expressed to SPS I was not interested in a deed-in-lieu or cash for keys programs. SPS's agents told to me that no foreclosure sale date was established and the property was in pre-foreclosure status, but they would notify me (or my agent) of any change. It was at this time I gave SPS the name, phone number, and contact information of my Real Estate agent along with 3rd party consent for 1-year. Initial contact information from the original XXXX loan documents were available to SPS who also had my current phone number, prior phone number (still working), an email address, and my new mailing address. I willingly provided all information in good faith. SPS was sent some initial documentation as I waited for next steps and guidance from their relationship counselor. Discovery of Sale: 3 months passed and in XX/XX/XXXX I placed a call SPS for follow-up. It was at this time SPS's agent told me on XX/XX/XXXX XXXX had foreclosed on the home. I was shocked and incensed. At no time did I receive a notice or document from XXXX SPS, XXXX that the home had a foreclosure date. Moreover, I had just spoken with SPS on the XX/XX/XXXX and they said no date was established. SPS claimed they overnighted documents informing me of the impending sales date. A check of their system during the call verified they were returned as undelievable. SPS sent the courier to the vacant property address, not my mailing address. No further attempt was made to check their records, contact XXXX or contact my agent. SPS claims that their system did not have my mailing address or any short sale documents, but that claim does not stand up as SPS and XXXX had sent prior correspondence to my mailing address. Moreover, there were XXXX loans on the property. XXXX were underwritten and held by XXXX. In XX/XX/XXXX XXXX released the lien on the XXXX mortgage and sent notice of such to my correct mailing address (See attached) validating the fact that they had correct address information. When faced with this fact SPS's response was, "Well, we tried to call you." When I asked for which relationship manager or attorney tried to contact me, they deflected and said they did not have that information. In searching my phone records from XX/XX/XXXX - XX/XX/XXXX their attempt was an autodialer system which made a limited number of calls but hung up and left no message informing me to call them back or that there was a foreclosure date was set. Their law firm also made no attempt to contact me. Certainly this is not an acceptable means of notification in a transaction of this type especially when all parties had several means to make contact including but not limited to, my email address, my agent's information, a live call, and my proper mailing address
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20707
Submitted Via: Web
Date Sent: 2015-06-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I previously complained about my mortgage company taking a couple of years to decide on a modification for my mortgage. ( I never asked for a modification). I had asked for a payment plan to get current on my mortgage. They told me that the payment plan was approved(it was recorded). They then told me a couple of months later after waiting for payment plan details, that they were considering me for a modification that I didn't want. I already had a modification. They said I had to go through with the modification process anyway, and I could not make any payments on the mortgage unless I paid the entire amount due. If I could pay the entire amount due, I wouldn't have asked for a payment plan. After the modification was denied the balance due was huge. This is all documented in my last complaint. I did hear from the mortgage company, and they did nothing for me which was what I expected. I have since made a payment to them in the amount of $XXXX. This has brought my mortgage current according to Select Portfolio Servicing. After making about XXXX mortgage payments, I received a letter that told me my escrow is short by $XXXX and they were putting my mortgage payment up by $XXXX monthly. They gave me less than a month to come up with this amount of money. Of course that didn't happen so now I must pay $XXXX more a month on my payment. I have asked them more than once to show me where my almost $XXXX payment was applied and I still don't know. They sent me a payment history that did not show the entire amount being applied. I also do not understand how they can tell me the amount I owe to bring the mortgage current and then tell me I'm $XXXX short on my escrow. I believed that the large payment would also bring the escrow current since the escrow is part of my payment. This company keeps XXXX me over time after time. I do not have a lot of money, but I'm not giving them my house, which is what they want. I think they should not be able to advertise that they have products to help people who are having problems making their mortgage payments. They have done nothing to help me. They have lied to me more than once. When I call them to ask for help to understand my bill, the customer service people can't even explain where my payment went. I just got off the phone with them, XX/XX/2015-XXXX(has been recorded)The person I spoke with had no idea how to help me. She is sending me info in the mail to show me where my money went. Since I have asked for this before and didn't get what I needed, I'm not expecting to get this resolved. I work very hard for my money, and I don't throw it away. I know I'm just one of many people they deal with, but I should matter. I would like to go back and pay the previous mortgage payment of $XXXX. They told me that is what my payment would be after I made a $XXXX payment. If my escrow was going to be short and my payment $XXXX more a month, they should have known this at the time that they told me what to pay to bring this current. They shouldn't be able to expect me to pay $XXXX in one month. The extra $XXXX I'm now paying is causing me a lot of stress, and health issues. I will probably have to get a part time job. They care nothing about the customer. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 175XX
Submitted Via: Web
Date Sent: 2015-06-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our loan was with XXXX Mortgage - did n't verify income - loan agent told me to use any $ $ - after a couple of months - I could see loan it a " BAD LOAN '' tried to refinance but home was n't worth as much as the what we owed on loan. Sold to XXXX - Then to XXXX -In the middle of working with XXXX - loan was sold again - SPS is now the collection service company - I was told XXXX XXXX now owns the loan! I have been working with SPS since 2011 to get a loan modification - principal reduction - Well, I have gotten so many different stories as to what can be done or not done! We are trying again!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95337
Submitted Via: Web
Date Sent: 2015-06-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-25
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: XX/XX/XXXX I was able to do a home loanmodification that the Presidentput in place. My home loan is servicedwith Select Portfolio Servicing companyI have made my payments on time every month since XX/XX/XXXX except XXXX timein XX/XX/XXXX I wrote my mortgage check out ofthe wrong checking account and caused alate payment on my credit. For the last five years I have been working to pay offeverything on my credit report and have gonefrom a low XXXX credit score to XXXX-XXXX now. I wanted to get an even lowerinterest rate because shortly after Select Porfolio Modified mymortgage payment to an affordable payment, they raised my paymentthree months later to an un-affordable rate, after they had takenthe incentive from the government for my loan modification. So I found out about the HARP program and how you could check withyour mortgage company to see if they offer the programand could get you a lower interest rate. I called Select Portfolio Servicing and asked who myMortgagee was and the person that answered stated that they could not tellme over the phone and that they would mail me the name of my Mortgagee. They sent me a letter and I have it and advised me my mortgageewas XXXX XXXX. They did not provide a phone number for me to callXXXX. I was advised by Select Portfolio Servicing thatI could not contact them and that I would haveto contact Select Portfolio Servicing if I wanted or needed any king ofassistance in regards to my home loan. I went ahead and googled XXXX in NY and someoneanswers and connects me to a recording when I asked for someone in the mortgage dept. I called and I called to reach someone with this XXXX XXXX. I then applied with XXXX XXXX for the HARP program and theyadvised me that my home was in foreclosure. I applied with my local bank XXXX XXXX XXXX, and they advised me thatmy credit report shows my home is in foreclosure. I asked XXXX XXXX XXXX Loan Officer, where are they gettingthis information from because I am looking at my credit reportI pulled last week and it shows I have not been late XXXX timesince XX/XX/XXXX but in XX/XX/XXXX for writing the payment from thewrong checking account and I have proof of that. I would like to be contacted about what action that I can take against XXXX XXXX. They are purposely filing mis-information to these credit bureaureport. The banks co-CEO and CEO have recently resigned for putting people inforeclose who should have never been in foreclosure. Please contact me aboutthis matter asap, as I need to get my home refinance at an affordable rate.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: 73120
Submitted Via: Web
Date Sent: 2015-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-24
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: This is the XXXX complaint I have filed against Select Portfolio Servicing. I filed a modification request five years ago before SPS became the loan servicer. After I 'd submitted documentation repeatedly over that period, SPS stopped acknowledging my counsel and mailed me directly an offer, which I never received. When they notified my counsel that the offer was expired ( even though they claimed they were not authorized to speak with my counsel ), SPS refused to extend the time to permit me to accept the offer. Accordingly, I submitted a complete new modification application, XXXX on XXXX XXXX, 2015 and again on XXXX XXXX, 2015 and XXXX XXXX, 2015. SPS 's response was form letters directing me to file the forms I had just filed. Finally, on XXXX XXXX, 2015 and XXXX XXXX, 2015, SPS acknowledged receiving correspondence and information though the form letters do n't identify specifically what they received. Though my counsel has repeatedly asked SPS to call him if additional documentation is required, they refuse to do this. Instead, SPS continues to send form letters requesting me to send documents I have already, and repeatedly, transmitted to them, through my legal counsel.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NM
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: problem is XXXX reporting what select portfolio servicing, XXXX XXXX and XXXX XXXX are sending them. I have disputed several times with all XXXX agencies and XXXX or XXXX with this cfpb. my wife and I were in a mortgage that was an A R M and before it started to change we tried to refi with no success we later ended up filing chapter XXXX bankruptcy in 2006. we still tried to keep the house and get a modification from the bank with no success ended up rolling the house in to the bankruptcy thru a modification approved and passed thru by the trustees office mortgage company was XXXX XXXX then XXXX XXXX then XXXX to now select portfolio servicing is reporting improperly to credit agencies reporting late pays 120 days or more on an account number we never had XXXX tried to say we excepting a modification and started reporting late pays on that account that was never excepted or approved if any report it should say house was surrendered back to bank in a chapter XXXX bankruptcynow we are trying to buy a new house for us butt have this big issue to fix
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98375
Submitted Via: Web
Date Sent: 2015-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our firm, XXXX XXXX, XXXX has been monitoring our client 's request for mortgage assistance to SPS to ensure SPS 's compliance with Regulation X. Despite having received a complete package from the Borrower, SPS has continued to make burdensome and duplicative requests for documents in an attempt to stall the Borrower 's request for mortgage assistance. For over a year now, the Borrower has continued to cooperate in every way possible and has continued to respond to all of SPS and opposing counsel 's document requests. Since our client has retained our services, we have submitted every document, explanation, and break down that has been requested. More specifically, we have provided the Borrower 's bank statements, your request for an explanation for deposits on the Borrower 's bank statements, and now a breakdown of each deposit by property. Each request has been in response to our production of the previous requested document. The piece meal requests are inappropriate and a violation of SPS 's responsibility to act diligently in their processing and review of the Borrower 's application. Furthermore, it is our contention that opposing counsel has hijacked the process from the mortgage servicer and has inappropriately hindered the review of our clients ' application. In addition, on these facts we would contend that SPS has received a complete package and opposing counsel has continued to move forward with the trial in violation of XXXX CFR XXXX. Since our client had in fact submitted a complete application to SPS at least 37 days before a foreclosure sale date was scheduled, they should not have taken any affirmative action that could cause or result in a judgment of foreclosure or a foreclosure sale. Even though opposing counsel is attempting to continue to move forward with trial, SPS is responsible for promptly instructing counsel not to proceed in such a manner once a package is received.
Company Response: Company chooses not to provide a public response
State: FL
Zip: 331XX
Submitted Via: Web
Date Sent: 2015-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-23
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: My loan is with XXXX. Once the banks were forced to re-finance people with the HARP extension, etc. XXXX turned my loan over to a servicing company called SPS who did n't have to follow the same rules of behavior because they were not a bank/mortgage company. I have been in a battle with SPS going on 3 years now stuck on a continuous carousel of them asking for ever more paperwork, paperwork they already had, asking for irrelevant paperwork and even deciding in a few circumstances to arbitrarily close my application for reasons claiming " insufficient paperwork '' when the person on the phone told me 2 days earlier that they had in fact received everything. This forced me to have to start all over again - sometimes - 2 months into the process.. I then filed a complaint with the FTC a couple of years back and their " investigation '' was a joke. They simply contacted SPS who then said I simply never finished the application. With that - they simply took SPS ' word for it and closed the complaint. During the entire process - SPS then assured me that as long as the application process was proceeding that they would not begin foreclosure proceedings on the house. Well in the latter half of 2014 that 's exactly what they did, while denying it to me when I called. It was only when I showed them actual foreclosure paperwork that was nailed to the door on the property that they in fact admitted that they did start the foreclosure process while I was in the middle of the app process once more. Now - in regards to the " never completing the application '' SPS is simply playing a well organized game to keep the applicant from ever completing an application. They maintain that all paperwork must be no more than 90 days old. But they string out their paperwork requests over months so that at a certain point, there will always be something that is over 90 days old that you will continually have to resubmit. The worst part is that you never know and they will never tell you when you have completed the application because there is never a comprehensive list of exactly what you need to send them. So you never know whether you have sent them all the paperwork they need. I have literally been submitting the same paperwork over and over to them for almost 3 years now. To make matters worse, I have actually involved an attorney because I wanted an objective XXXX party to be witness to what was going on. To date, the attorney has admitted to me that what SPS is doing is completely insane, insidious and is the textbook case of acting in bad faith. Unfortunately, due to the way the law is structured SPS is not technically doing anything wrong. So - to date, even though I know I qualify for a re-finance, even having worked with the SPS Ombudsman ( who was useless by the way ) and then an attorney - SPS is continuing to play games with us by continually asking for endless paperwork over and over. And now the property is in foreclosure limbo, which means I ca n't live in it or put anyone else in it. But am still responsible for the tangential costs ( HOA, insurance, etc. ) which is now adding additional thousands of dollars to my debt. SPS has lied to me at just about every turn from the first day I had dealt with them. Acted in bad faith in preventing me from completing the application so that I can refinance the property under HARP/HAMP and is moving to foreclose on the property while lying to me telling me that as long as the application process is occurring that the home will not be foreclosed on. I dont know what your organization considers an abuse of power in an economically disadvantageous situation, or what you consider a good example of corporate misbehavior. But if this is not it, then I do n't know what is. You are the consumer protection agency - here is a customer that needs protecting. Please read this and do the right thing. Thank youXXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90004
Submitted Via: Web
Date Sent: 2015-06-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We refinanced our home in XX/XX/XXXX. The mortgage broker committed fraud. Upon discovering the fraud we worked with XXXX fraud department to prove that, we were successful. Attempt after attempt was made to modify the loan. The mortgage meltdown happened and then the XXXX settlement. We had a XXXX and XXXX trust. XXXX did a trial mod on the XXXX. When we made the last payment on the trial mod, they then violated the XXXX settlement and gave servicing rights to SPS on the XXXX trust. After a year they then transferred the XXXX to SPS. There is no proper chain of title. The banks have further committed fraud and then filed for foreclosure and now are starting eviction process rather than waiting for determination on finding from CFPB on allegations. This agency is supposed to be XXXX that is here to help the consumers. I 've watched the video by XXXX XXXX, saying you are here to help. I have further documents, which I was told I have to file a new complaint rather than add to the existing complaint. That does not seem very efficient, but I 'm going to do whatever I have to make this story heard. The banks have waited for the " news '' to quiet down about the frauds and stealing people 's homes, and then they have gone back to business as usual. It 's time for someone to step up and stop them. These loans were securitized in XXXX. The notes have been lost or destroyed. The assignments were not done at the courthouse until XX/XX/XXXX, which is six years after the trust had closed. The Trust law states it must be done within 90 days of that closing date in order to be traded on XXXX XXXX. Then they claim XXXX is the keepers of the Record. XXXX as of today is still showing XXXX XXXX XXXX and inactive. They are not keeping the records concurrently which is yet another violation. These banks are just stealing people 's homes, and it must be stopped. I will say that we had diligently tried to work with XXXX and XXXX to modify these loans. By the time XXXX violated the XXXX Settlement, we knew they were not going to do the lawful thing. In going over my documents to send in, I note that they claim XXXX as the keepers of the record and Trustee, but on my loan documents it has XXXX with a specific address in Virginia, not XXXX. This whole thing has been fraud after fraud. I implore you to thoroughly investigate this case and STOP them.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 22405
Submitted Via: Web
Date Sent: 2015-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I started the modification ( RMA ) process with XXXX in XXXX of XXXX After processing reams of paperwork, all of which were redundant items asked for over and over again, a modification was given in XXXX of XXXX. I was put into a 3 month payment trial which I lived up to. In XXXX regular modified payments began. I was sent the modification agreement to be signed and notarized in duplicate. I signed and had notarized both and sent it in, but put a note on the bottom stating I was signing under duress as I was told this would be a principal reduction. It was a standard modification. They called and told me they could not accept this with the note and would not do the mod with the note. They said they would send XXXX more forms for the original mod agreement. After 5 days I called and they said they had sent it. The woman I spoke with, XXXX XXXX on XXXX/XXXX/XXXX asked me if she could fax it to me. I agreed, she faxed the form, I made a copy of said form and proceeded to have both notarized and placed my original signature on both. Sent it in through regular mail and they in turn called to say they do not accept fax copies! The form itself was a fax sent by them! The signature and notarized RAISED stamp were original. I said you people sent the fax. What are you talking about? Well, the person faxing should have told you we did n't accept faxes. Why would she have faxed me then? Here we are after being told they were OVERNIGHTING another mod agreement XXXX, said which never came. Called again and was informed I have been put back into foreclosure!! Something untoward is going on here. The only explanation that makes any sense to me is they are attempting to get out of doing the mod already offered and payments accepted until the last XXXX I sent and they received on XXXX XXXX. They refused the XXXX XXXX payment ( of which I have proof of them receiving on time through XXXX XXXX ) so now they can claim I have n't paid, I guess. After nearly three years of being put through a ringer when I qualified from the very beginning and to now have them pull this kind of under-handed game with the roof over my head is reprehensible and unconscionable.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CT
Zip: 068XX
Submitted Via: Web
Date Sent: 2015-06-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No