Date Received: 2015-05-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX is assigning a mortage. XXXX has no right since it does note own the note. XXXX only keeps track of mortgages. The bank representative acting as a XXXX reperesentative is assigning the mortgage. XXXX can not assign mortgages. It does not own the note and therefore can not assign the mortgage. The bank representativce does not work for XXXX, or have the rights to assign the mortage without owning the note.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33156
Submitted Via: Web
Date Sent: 2015-05-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My loan with XXXX XXXX XXXX was sold to SPServicing in 2013. I requested assistance with a loan modification due to a {$30000.00} dollar decrease in income resulting from the need to relocate to assist a XXXX child. I have submitted the documentation as requested repeatedly, submitted additional documentation, and when requested updated documentation due to an almost 2 year long process. To date I have not receive a modification or resolution of any kind. I initiated this process because I was having difficulty paying my monthly mortgage payment. At the outset I was only a few months behind, however over the past year and eight months since I began the process I have fallen further and further behind on mortgage. This company touts their caring nature and states their desire to assist in obtaining a loan modification, and prevent foreclosure, but this is not my experience with SPServicing. I do n't feel that they have acted in good faith or made any effort whatsoever to assist me although I have appealed to them in good faith. I wish to learn what recourse I have in terms of working with an agency that will truly help prevent the loss of my home and assist me in obtaining a modification that is more in line with the value of the home, a better interest rate, and a more affordable monthly payment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WV
Zip: 26501
Submitted Via: Web
Date Sent: 2015-05-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We initially had a mortgage with XXXX XXXX, every year in XXXX, they would begin harassing us for a lump sum payment, normally over {$3000.00}, regardless if our payments were up to date, or XXXX behind, then after 7 years of this, they sold our loan to another company, XXXX XXXX, and they did the same thing in the fall of last year. They only owned our loan for a few months. Now ANOTHER company bought our loan, Select Portfolio, they are now harassing us. Calling XXXX times a day, leaving numerous voice mails, coming by my house, etc. I have called back and ca n't ever get the lady that keeps calling me. I try to work full time, my husband does, also, we have XXXX children, and my mother is in and out of the hospital. I have requested numerous times a modification, but noting ever comes of it. They just make more demands. I need someone to help us, and actually listen to us, because I am afraid other have the same issue. The original company, I am sure it is in our original contract, that they could n't sell our loan.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MO
Zip: 650XX
Submitted Via: Web
Date Sent: 2015-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-27
Issue: Settlement process and costs
Subissue:
Consumer Complaint: XXXX ENGAGED IN UNFAIR PRACTICE AND PATTERN TO DENY US FAIRNESS AND JUSTICE. THE XXXX COMPANIES HAVE MADE SEVERAL FALSE STATEMENTS AND PATTERNS OF OBSTUCTUIN OF JUSTICE. : " INDENPENCE FORECLOSURES REVIEW '' AGREEMENT HAVE BEEN VIOLATED FOR ( {$10.00} ) ... XXXX AGENTXXXX XXXX PREPARED A BREACH AGREEMENT FOR XXXX XXXX, XXXX XXXX XXXX XXXX FHA XXXX XXXX WITH ' '' UNCLEAN HANDS '' AT 5.875000 % .FALSE AND MISLEADING. AGENT XXXX XXXX OF SELECT POTFOLIO SEVERING, INC. WERE EMPLOYED AS SEVER WITH " '' UNCLEAN HANDS '' '' THE CONTRACT IS " NULL AND VOID '' AND " MOOT '' .THE CONTRACT VIOLATES THE " GENERALLY ACCEPTED ACCOUNTING PRINCIPLES ( GAAP ) ,18 U.S.C.///926C , FEDEERAL CRIME VICTIMS RIGHTS ACT ( CVRA ) TITLE 18 U.S.C.//3771, MANDATORY VICTIMS RESTITUTION ACT ( MVRA ) 18 U.S.C.//3664 AND THE FEDERAL MONDATORY TO VICTIMS OF CERTAIN CRIMES : TITLE 18 U.S.C.//3663 ( A ) ..IN A SIGNED AGREEMENT WITH THE UNITED STATES OF AMERICA ( DOCKET XXXX ; XXXX AND NO : XXXX ... MAKING US A VICTIM UNDER THE ''DEBT PEONAGE '' AND ''INVOLUNTARY SERVITUDE '' ACTS.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2015-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-27
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I forwarded insurance proceeds from a barn fire ( total loss ) to Select Portfolio Servicing , Inc. because the check was made out to us and them. They were supposed to distribute the funds back to me in XXXX installments : 1 ) immediately for materials purchase ; 2 ) when inspection verifies project is half done ; and 3 ) when the project is complete. After XXXX months, I still do n't have a XXXX of my money. XXXX keeps coming up with forms I need to complete or processes they need to finish. The contractor will finish next week and I wo n't have even the XXXX installment to pay him.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ND
Zip: 58504
Submitted Via: Web
Date Sent: 2015-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am attempting to avoid a foreclosure sale. I have applied for mortgage assistance. I have received no written decision. If I was declined, I was not provided my 30 day right to appeal. If I was approved, I have not received my written approval.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92557
Submitted Via: Web
Date Sent: 2015-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XXXX/XXXX/2013 XXXX mortgage had XXXX of my mortgages : XXXX for my principal residence and XXXX for an income property. XXXX took XXXX times the mortgage on my principal property and none for my income property then they said I did it. They finally verbally acknowledged they made a mistake but refused to get the money back to the income property mortgage because it would be too complicated. As a result my credit scored went from XXXX to XXXX as the new servicing company was given the income property mortgage on XXXX/XXXX/2013 XXXX portfolio Servicing Inc. No XXXX wants to take responsibility and they all refused to work together. SPS sends forclosure notices consistently. I call XXXX/months and get the run around. What can I do? I want XXXX to give the money back to pay the mortgage missing payment and get all the penalties off and write to the credit bureaus with SPS and remove the mistakes on my credit reports. Since then I can not apply for a loan or a credit card or increase my business by getting loans.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 024XX
Submitted Via: Web
Date Sent: 2015-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We got a loan modification from XXXX XXXX in XXXX in which they made a bank error and did not credit us with a returned check which we made good and they capitalized our loan {$12000.00} in excess. When XXXX took over the loan, they did not give us credit for XXXX payments we made in XXXX totalling {$6200.00} From XXXX, XXXX to XXXX, XXXX, when we received a modification from XXXX, XXXX payments were not credited to our account totalling {$18000.00}. From XXXX, XXXX to XXXX, XXXX we have found that {$33000.00} was capitalized into our mortgage account for escrow charges for taxes and insurance. We paid the home owner 's policy from XXXX to XXXX, XXXX when XXXX put the insurance and taxes into an impound account. However during the time we were paying the home owner 's policy, XXXX charged our escrow account {$7400.00} for home owner 's insurance which we ourselves paid. We have a letter from the insurance company substantiating our claim. According to our records, {$9800.00} was capitalized to my mortgage account for taxes and insurance which represents an excessive charge to my mortgage account. Also according to our records, {$23000.00} was charged to my mortgage account for accrued interest and late charges from XXXX, XXXX to XXXX, XXXX. This represents an excessive charge to my mortgage account. We have submitted documents to XXXX and now SPS Loan Servicing who is the present loan servicer on the account verfiying all payments we have made on the account from XXXX to XXXX, thus confirming our claim that many bank errors were made on our account and that XXXX owes us approximately {$100000.00} on our account plus applicable interest from XXXX when XXXX bought the loan servicing rights on the loan to the time when XXXX gave us a loan modification in XXXX, XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94803
Submitted Via: Web
Date Sent: 2015-05-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Sps will not send me valuable information that I 've requested thet keep giving me the run around please help me save my home
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 48205
Submitted Via: Web
Date Sent: 2015-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Homeowner is XXXX-months past due since XX/XX/XXXX payment and had a Notice of Default recorded XX/XX/XXXX, which expired XX/XX/XXXX ( this was also initially the projected sale date before the workout package was submitted, as discussed below ). In order to provide continuity of contact, the servicer should ( 12 C.F.R. 1024.38 ( a ) ) assign personnel ( which can be one or more persons ) ( 12 C.F.R. part 1024 Supplement I, Comment 40 ( a ) - 2 ) to the delinquent borrower, or an authorized agent of the borrower, ( 12 C.F.R. part 1024 Supplement I, Comment 40 ( a ) - 1 ) who will be available via telephone, immediately or in a " timely manner ''. ( 12 C.F.R. 1024.40 ( a ) ) Based off the below detailed timeline of calls, emailed documents and servicer correspondence, it does not appear the servicer is " maintaining policies and procedures that are reasonably designed ... to ensure that '' the servicer can : o Provide the assigned personnel with access to all documents and information the borrower submits in connection with a loss mitigation option ; and ( 12 C.F.R. 1024.38 ( a ) & ( b ) ( 2 ) ( iii ) ) o Facilitate the sharing of accurate and current information about the borrower 's loss mitigation application and the status of any foreclosure proceeding between the assigned personnel and other appropriate personnel, such as those handling a foreclosure. ( 12 C.F.R. 1024.38 ( a ) & ( b ) ( 3 ) ( iii ) ) The personnel assigned to this file have not consistently been able to respond to the borrower representative 's inquiries and assist the borrower with available loss mitigation options by doing the following : ( 12 C.F.R. 1024.40 ( a ) & ( b ). ) o Giving the borrower accurate information about loss mitigation options ; o Telling the borrower the status of any loss mitigation application ; o Being able to retrieve and provide to anyone considering the borrower for loss mitigation all written information the borrower has submitted to any servicer in connection with a loss mitigation application. The application was received more than 45 days before any foreclosure sale was scheduled ; the servicer has not promptly reviewed the loss mitigation application to determine if it was complete. ( 12 C.F.R. 1024.41 ( b ) ( 2 ) ( i ) ( A ) ) In the last two months it has indicated the package was facially complete, then incomplete, then complete again nearly every two weeks, sometimes with duplicative requests of information that was previously submitted and not reviewed. The XXXX-page initial package was submitted XX/XX/XXXX, and was not reviewed promptly after receipt of the application. ( 12 C.F.R. 1024.41 ( b ) ( 2 ) ( i ) ( B ) ) The written acknowledgements sent do not tell the borrower whether the application is complete. There are then later duplicative conflicting incomplete notices sent incorrectly detailing what additional documents and information must be submitted to complete the application ( 12 C.F.R. 1024.41 ( b ) ( 2 ) ( i ) ( B ). This is confirmed versus telephone conversations where borrower 's representative calls in to the SPOC team and they list different items being required than on the notices. Thus, it does not appear the servicer is " maintain ( ing ) policies and procedures that are reasonably designed ... to ensure that the servicer can ... facilitate compliance with '' this notice requirement. 12 C.F.R. 1024.38 ( a ) & ( b ) ( 2 ) ( iv ) ). The assigned relationship manager on the account never once made any direct/live contact with the borrower or the borrower 's representative after the workout package was submitted, until the representative put in a verbal complaint for him to do so on Wednesday, XX/XX/XXXX, when he returned the call the next day. This was 38-days after the initial facially complete workout package was submitted. Along with XXXX the underwriter had put notes on the file for clarifications, which the assigned relationship manager never relayed either.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes