Date Received: 2015-06-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We are writing this in hopes of finding a way to resolve our past due account with SPS and XXXX, which was originally obtained through XXXX. It is our understanding that SPS is the current servicer for XXXX - and still the owner/lender/beneficiary for this loan. We also have a XXXX on the property ( XXXX ) with a pretty big balance. We have kept this loan current. We have been working to try to come to an amicable resolution for the past 28 months, making efforts to pay the mortgage as well as some toward the arrears. However, all our efforts have been rejected by SPS. SPS claims they are committed to home retention, but on-line reviews and my own personal experiences with them could n't be further from the truth. Prior to XX/XX/XXXX, we have had a spotless 10+ year payment record with our mortgage and equity line accounts with XXXX XXXX Unfortunately, the XXXX some 15 years experienced a significant slow down, due to the economic and real estate conditions. I began XXXX for another business. I made a financial arrangement for my services and held up my end of the deal. I was owed over {$160000.00} in commissions when I was asked to accept a full-time position in XX/XX/XXXX. I accepted a salary with an amortization of my consulting fees in the hope of creating a lasting income opportunity, while my wife focused on our business. Due to no fault of my own, the company lost the account I was managing and I was terminated XX/XX/XXXX- the main reason for our financial crisis. I was forced into unemployment, our business was down and I was diagnosed with a XXXX, which required XXXX in XX/XX/XXXX. While laid up recovering, we began receiving a few projects with existing clients. At that point, we decided to devote all of our time to the business we started, 15 years earlier. We were in the process of finalizing our loan mod with XXXX. My Customer Assistance Specialist and I had many calls and she was engaged in the process with me. Suddenly, it was difficult to get in touch with her and the process slowed down. I finally was able to reach a live person who informed me the only thing missing was an appraisal. XXXX scheduled and sent an appraiser to our home, days after the account was already transferred to SPS. We were never told anything and could not believe what was happening. At the verge of getting the modification, the loan was transferred and SPS as servicer has been very difficult to communicate with. Now the entire process was starting from scratch. I tried numerous times to get a hold of my assigned Relationship Manager at SPS, however every call I made I ended up with a different agent with more of the same. I was told multiple times, either by phone or in letters that we were approved for a payment plan and the information would be forthcoming. We never received anything from SPS. After legal actions were taken, we were recently approved by SPS with a Forbearance / Repayment Plan at {$19000.00} per month, even though my income is less than this amount ( which SPS reviewed ). They are unwilling to modify terms or allow a reasonable time frame for repayment. I am willing and able to make the current mortgage payment and also some toward the arrears each month. The past 15 months, SPS has wasted, we could have made most of the payments to Chase/SPS by now. We now have a pending foreclosure sale date of XXXX XXXX. We feel that SPS has not done their best efforts to help keep us in our home. XXXX AMENDED COMPLAINT FOR:1. PROMISSORY ESTOPPEL ; 2. NEGLIGENT MISREPRESENTATION ; 3. VIOLATION OF DUTY OF GOOD FAITH AND FAIR DEALING ; 4. VIOLATION OF HOMEOWNER BILL OF RIGHTS ; 5. VIOLATION OF BUSINESS AND PROFESSIONS CODE SECTION 17200 ; 6. WRONGFUL FORECLOSURE ; 7. CANCELLATION OF INSTRUMENTS.
Company Response: Company chooses not to provide a public response
State: CA
Zip: 92679
Submitted Via: Web
Date Sent: 2015-06-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: To whom it my concern : My name is XXXX XXXX XXXX, I have Loan with Select Portfolio Servicing, Loan # XXXX and I have a complain the way SPS is handling my situation and the way how they have been treating me. 2 years ago I was in a crisis I went for a long divorce process and my employer reduce my working hours due to slow economy in that time I was also fighting my child visitations rights, I had to paid a lot of money to attorney and to the court. I started to get behind with my mortgage payment and I asked Select Portfolio Servicing for help asking for a Loan Modification program or any other relief available. It is very hard to deal with Select Portfolio because they are always sending me to different departments with the manager of the manager of the manager etc. they request the same information many times, I have been sending this information by Fax many times once they have the information that they requested from me, they asked me again to faxed and a week later the call me to request another information that it was send on the package. I have been doing this over and over and over for the past XXXX years. I have sent all the paper they requested and after I sent all the information they require something else like another paper, another document that has been already sent or a new document. There is no help from Select Portfolio, I am frustrated and stress and I feel Select Portfolio is not taking my situation seriously and also feel they are laughing in my face. I believe this actual Government Administration gave relief money to the banks and to Select Portfolio to help people like me in this Crisis. I am very stress every day because I do not want to lose my home my kids live there. I am XXXX Citizen and I 'm wondering if Select Portfolio does n't want to help me because I am XXXX XXXX I feel discriminated by Select Portfolio Servicing. XXXX published on XXXX/XXXX/2015 " Select Portfolio Servicing former employees : We were told to lie '' the article is based on employees of Select Portfolio routinely denied qualified borrowers a chance to modify their loans to more affordable terms and paid cash bonuses to bank staffers for pushing homeowners into foreclosure. I think somebody is expecting a bonus if the push me into foreclosure. This is not fair for me and my familyThank youSincerelyXXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84095
Submitted Via: Web
Date Sent: 2015-06-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a XXXX mortgage with Select Portfolio Servicing XXXX Inc. XXXX " SPS '' ). I moved out of the mortgaged property, but still own it and continue to make payments on it. As soon as I moved out, SPS stopped sending me monthly statements. I have called SPS XXXX months in a row, and they have promised to fix the problem, but they still have n't sent me a statement since I moved out. I am up to date with my payments to SPS, but I am concerned about whether they are applying them like they should be. Without a written statement, I am unable to verify whether SPS is reducing my principal each month like they should be. I have provided SPS with my forwarding address, but that has not done any good. For the past few months, SPS has not sent statements to either the mortgaged property or to my new address.
Company Response: Company believes complaint is the result of an isolated error
State: MI
Zip: 48442
Submitted Via: Web
Date Sent: 2015-06-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Due to financial hardships I fell behind in my mortgage and defaulted on my mortgage on XXXX/XXXX/XXXX and was referred to a foreclosure attorney on or about XXXX/XXXX/XXXX without a foreclosure sale date scheduled. On XXXX/XXXX/XXXX, I completed and submitted a request for a modification. I included the following required documentation : - XXXX current paystubs- Complete Request for Mortgage Assistance form- Signed and completed XXXX formThey documented receiving my request on XXXX/XXXX/XXXX. On or about XXXX/XXXX/XXXX, I received XXXX letters from my mortgage servicer requesting me to provide income information. Since I already provided this information I called them and they told me that they did n't need income information, but I needed to provide a hardship affidavit. On XXXX/XXXX/XXXX, I faxed a hardship affidavit. On or about XXXX/XXXX/XXXX, I received another XXXX letters from my mortgage servicer requesting me to provide income information. Since I already provided this information I called them and they told me that they did n't need income information, but I needed to provide my full tax returns and to date my hardship affidavit. On XXXX/XXXX/XXXX I faxed my XXXX and XXXX tax returns and the dated hardship affidavit. On or about XXXX/XXXX/XXXX, I received another letter from my mortgage servicer requesting me to again provide income documentation. At this time my father-in-law had, had a XXXX and I was unable to follow up within a timely manner. On XXXX/XXXX/XXXX, a notice of trustee sale was filed and a foreclosure sale date was set for XXXX XXXX, XXXX. On XXXX/XXXX/XXXX, I received a registered letter notifying me of the notice of trustee sale filing and called my mortgage servicer immediately. I was then told that I needed to provide a copy of a quit claim deed. I expressed to them that I had already provided a copy XXXX, once for my previous request for mortgage assistance in XXXX and when I requested they change my surname in XXXX. I was then told that, 'that was too much paperwork to look through and to provide another copy '. On XXXX/XXXX/XXXX, I faxed my quit claim deed. On XXXX/XXXX/XXXX, I emailed my mortgage servicer a request to confirm they received all my documentation and never received a response. On XXXX/XXXX/XXXX, I called my mortgage servicer to again confirm a full package was submitted. I was then told that they received the quit claim deed on XXXX/XXXX/XXXX ( which is amazing, considering my previous faxes took XXXX hours to post to my account records ) and then they confirmed the was recording of the quit claim on or about XXXX/XXXX/XXXX. Then the package was submitted to underwriting on XXXX/XXXX/XXXX for review. My issues are ; I provided a full package according the HAMP guidelines on XXXX/XXXX/XXXX and then provided all the additional documentation on XXXX/XXXX/XXXX, but they still scheduled a foreclosure sale because they could n't bother to review their document library to find the document they were 'missing '. Also they are now past the XXXX day deadline for providing approval or decline for the modification since receiving a full package on XXXX/XXXX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a variable rate and I understand completely that they can increase or decrease my rate at any given time. However since my credit is not good what I 've done is send in additional payments towards my principal to pay off my loan earlier ( since my loan did not have a prepayment penalty ). Now Select Portfolio is reducing my principal to elongate my loan term to the full 30 years. Keep in mind they are not increasing my interest simply adjusting the amount that is applied towards the principal, which is unheard of to everyone I 've discussed this with! As previously mentioned I fully understand they can adjust the rate but can they Legally reduce principal payments to maximize their profit? It is hard to belief this can possibly be legal, can someone please call me to explain. XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77017
Submitted Via: Web
Date Sent: 2015-06-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We owned a property in XXXX Florida. We have had problems dealing with the Mortgage Company ( in-consistent, transferred servicing/ change of attorneys etc ) and their non-conformance to a US Bankruptcy Court XXXX XXXX XXXX Court Order, Confirming our Chapter XXXX Plan, in which all parties agreed to " surrender of Property, in XXXX XXXX. My attorney was involved and also unsuccessful. Unfortunately the Mortgage company proceeded with Foreclosure rather than " Deed in lieu of ''. Keys were sent to a representative/agent of the Mortgage company in XXXX. We received in XXXX, a Florida Court document " Stipulation to consent to entry of Final Judgement ''. Clause advised that with signing the document we would receive {$1000.00} ( ( which we did in XXXX ) and another payment of {$2000.00} within 10 days of the sale. We have received a copy of the Certificate of Sale for auction on XXXX XXXX, XXXX. We complied with all the requirements and have still not received our {$2000.00}. In addition because of the delay and non compliance to the XXXX Bankruptcy Plan, we have lost rental income of {$7500.00} per year for XXXX, XXXX & XXXX. We welcome your help to resolve this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2015-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Consumer Financial Protection Bureau ( CFPB ) COMPLAINTComplainant : XXXX XXXX : XXXX XXXX XXXX XXXX, XXXX XXXX LoanNumber : XXXX-XX- XXXX : XXXX , as Trustee for XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX 'S FAILURE TO PROVIDE THE TRUTH IN LENDING 'S " NEW OWNER '' DISCLOSURE AS MANDATED BY15 U.S.C. 1641 ( g ) ( 1 ) 1. The Respondent, XXXX as Trustee for XXXX ( hereinafter " XXXX '' ), is systematically failing to comply with the Truth in Lending Act ( TILA ), 15 U.S.C. 1641 ( g ) ( 1 ), Regulation Z, 12 CFR 1026.39 ( " Reg Z '' ) disclosure requirements. 2. Upon information and belief, at some time before XXXX XXXX, XXXX, the subject Mortgage Loan/Note was sold or otherwise transferred or assigned to Respondent, XXXX XXXX. 3. According to its Mortgage Servicer, Select Portfolio Servicing ( Exhibit A ), Respondent is a " new owner '' of the subject mortgage loan as defined by TILA, and therefore is or was required to comply with TILA 's 1641 ( g ) ( 1 ) and 1026.39 new owner disclosure provisions. 4. Unfortunately, Respondent intentionally failed to provide Complainant, XXXX XXXX with the disclosures required by 15 U.S.C. 1641 ( g ) ( 1 ) and XXXX and in doing so, harmed XXXX XXXX in many ways. 5. Certainly, any response to this 1641 ( g ) complaint that does not include a copy of the disclosures required by 15 U.S.C. 1641 ( g ) ( 1 ), would be only a response of " smoke and mirrors ''. 6. As the CFPB is well aware, 15 U.S.C. 1640 ( a ) provides for civil liability for certain TILA violations. In particular, that section states that any creditor that fails to comply with the notice requirement imposed by 1641 ( g ) " is liable to such person in an amount equal to the sum of -- '' ( 1 ) any actual damage sustained by such person as a result of such failure ; [ and ] '' ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ... or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00}. " XXXX. Surely, Respondent will attempt to divert the focus of this 1641 ( g ) ( 1 ) Complaint to some sort of " rescission '' notice as contemplated by TILA, 15 U.S.C. 1635. However, THIS IS NOT AN ATTEMPT TO RECIND THE SUBJECT MORTGAGE LOAN. 7. As the " new owner '', Respondent was required by the Truth in Lending Act ( TILA ), 15 U.S.C. 1641 ( g ) ( 1 ), to, within XXXX days of acquiring the subject mortgage loan referenced above, provide Complainant with the following : ( A ) the identity, address, telephone number of the new creditor ; ( B ) the date of transfer ; ( C ) how to reach an agent or party having authority to act on behalf of the new creditor ; ( D ) the location of the place where transfer of ownership of the debt is recorded ; and ( E ) any other relevant information regarding the new creditor. CONCLUSION8. Respondent 's systematic patterns and practices of failing to timely provide TILA 's 1641 ( g ) ( 1 ) 's mandatory notice, blatantly runs afoul of the Truth in Lending Act and must not be permitted by this Honorable Bureau. XXXX XXXX, XXXX XXXX, XXXX
Company Response: Company chooses not to provide a public response
State: FL
Zip: 334XX
Submitted Via: Web
Date Sent: 2015-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-15
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: OK we purchased our home in 2007 here in XXXX Oklahoma, he put down ex amount of dollars then financed for 30 years, they had us on a variable interest rate instead of a fixed rate like we wanted. We started getting harassed by the loan company about our payments etc. they never have had our balances right yet, no matter what we did the company would claim that we were behind on payment being deceptive then if we send large amounts of money then we would go back too normal payments. There was times we sent thousands of dollars or even hundreds. Then we would still get XXXX over and never get the same amount due each month. We have never had the same amount due each month so therefore we could not budget our self cause the loan company was so crooked. They would claim that we could send a fax for a renew of lower interest then they would claim that they never got the packet. We then were sold too XXXX and they did the same thing but worse, then it went too XXXX XXXX XXXX. We have been taken advantage of greatly, no matter what we do or what limb we go out on they pretend too play the same ol game. I feel that we are owed a refund of damages and stress related issues they have put upon us. Then they send a threating letter too do legal actions on the house were does this dishonesty stop? Then we have SPS whom sent a threating letter saying we better pay XXXX dollars plus attorney fees, now this law firm is not in the crooked scam too deceit us. All the money has went too interest ever since 2007 and none applied too principle. I even had id theft years ago and the sheriff here did nothing about it, now I have trouble with interest and loans that I get cheated out of. I wish for a settlement and these scams stop.!!!! I can not afford an attorney If I did Id like too sue the them for punitive damages and stress related problems we have had not too mention phone harassment for wrong balances etc. We have changed our home phone several times and XXXX XXXX XXXX must be selling or providing our home unlisted no. where is the legal issue here?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: 735XX
Submitted Via: Web
Date Sent: 2015-06-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I hold a mortgage with XXXX mortgage which I have been trying to get a modification XXXX then turned my mortgage to Sps servicing and resubmitted on several occasions modification papers but to no avail been denied ofor did not qualify .I feel like I am being desciminated against by XXXX I lost value in my home over XXXX probably to predatory lending after a XXXX and XXXX mortgae was taken out .My Intrest rate is 7 % I continually am turned down I fell behind because of a divorce and business sell caused by the divorce.Under the making home affordable nothing is being done to make my house affordable these banks have been bailed out but refuse to help minorities several friends have gotten modifications with principal reductions. mortgage forgivenesses but XXXX seems to not want to help me. Every month I am threatened with harassing calls by XXXX XXXX at SpS servicing about foreclosure.. I have asked for an account of where my payments are going to go if I start repaying what they want but get no clear answer..I want to keep my house and want a fair chance to do this which I am not given. I work I have a job I am not rich so I cant pay XXXX in back payment I would like a modification like so many others and these banks where helped by the government so they should be able to help us small guys
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60409
Submitted Via: Web
Date Sent: 2015-06-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-12
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This is the XXXX complaint to CFPB regarding my mortgage. XXXX complaint regarding the mortgage practices of XXXX Bank. Immediately, my mortgage was sold to Select Portfolio Servicing , Inc. which continued the servicing abuses initiated by XXXX. The intent of both thse companies to 'take my property ''. First of all, I was unaware of my mortgage transfer until Select Portfolio Servicing began sending to mail regarding my delinquency. I challenged their accounting record received from XXXX. As a matter of documentation, I sent them copies of all my payments to XXXX. SPS, Inc. began to establish an escrow account and increased my initial mortgage payment. I informed SPS, Ic., I was responsible for paying my taxes and insurance on my property. XXXX as well as SPS, Inc. has not properly applied my payments instead place these payments in suspension. Therefore, it would appear I have not paid my monthly mortgage. Since, I have been with servicers, I have not missed XXXX payments and continued to be current on my initial mortgage agreement. I sent them the copies of my taxes and insurance documents. The next thing this mortgage began to do is to add late fees to my account and exercising an escrow account I never agreed upon and quite frankly, did not owe these payments. Several letters were sent regarding loan modification and threaten foreclosure. I informed them initially, I could pay my mortagage, my dispute was the inaccurate delinquencies attached to my mortgage based on what XXXX had sent to SPS, Inc. Due to continously sending letters to their CEO and the customer service division, I decided to send a lump sum certified letter to their CEO with the cashier check with the amount I calculated I owed. Hopwever, this amount to this date was not posted to my account. Instead, this mortgage servicer continues to submit negative reports to the Credit Bureau which has destroyed my credit. When I disputed the inacuracies on my credit report from SPS , Inc., via documentation of payments dated back to XXXX, the Credit Bureau ( all XXXX ) ignored my disputes and simply stated what was reported to them from the mortgage servicer. I have attempted all avenues to resolve this matter but, the mortage servicer has gotten away with these illegal abuses of servicing my loan. Again, I do not owe these delinquent fees being reported and want justice. This has been an awful journey with XXXX and now, SPS, Inc. My imnitial contact with CFPB was not useful nor productive. It appears there was no oversight for these type of mortgage abuses which contributes to the high rates of foreclosure. I can pay my mortgage but, it is difficult to these mortgage services who intent is to take property worked so hard to pay for. Currently, my mortgage interest rate is 11 % initially with XXXX and continues with SPS, Inc. I want to refinance to reduce this interest rate but with the negative reporting on my credit report, I am unable to refinance due to the credit score. It is time the government protect it consumers from illegal practices against citizens who work hard and pay their debts. It is my hope CFPB vigorously assist me which is the nmission of this agency. If not, I am truly disappointed!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: DC
Zip: 20010
Submitted Via: Web
Date Sent: 2015-06-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No