Date Received: 2015-05-21
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Hello, My original mortgage was with XXXX, who sold my mortgage to SPS. I am behind with my mortgage, but made a payment today. I am not in foreclosure and have been negotiating with them since XXXX XXXX on a modification. However, they are not modifying, just an endless loop of re-sending info. I have made an over the phone payment yesterday, got a confirmation number, but the funds were not deducted from my bank account. I called SPS today, and they confirmed receipt of the payment request, but said they had not presented it to my bank yet. As tomorrow is an important deadline at which they will send my file to an attorney for procedures if a payment was not made, I am so worried that they are illegally trying to foreclose. Here is what I found online : XXXX and XXXX Their history is terrible and they have been playing games since XXXX. What they are doing is scandalous. Please help!!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33020
Submitted Via: Web
Date Sent: 2015-05-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-19
Issue: Improper contact or sharing of info
Subissue: Talked to a third party about my debt
Consumer Complaint: XXXX of all, identity theft was committed using my decease mother 's and my name and social security numbers number to open different accounts with different account numbers in order to collect on an alleged debt that was duly satisfied, written off and then sold. Did n't return and answer all the questions in the Qualified Written Request and Debt Collector Disclosure Statement. It included an Affidavit for person of authority to complete concerning the alleged debt. They skirted and defrauded the states of the lawfully required recording fees. and fraudulently recording of documents on the state and county levels even using my decease mother to file Notices of Default, assignments of Mortgage including substitution of Trustees. Look like they back dated some of them in order to appear that they were submitted. I am also disputing the validity of the assignment in order to protect the interest of the holder/investor//real party of interest. They are not the real party of interest. A securitization audit with and expert witness shows they are not party of interest and violated the transfer and tax laws according to ( FSA ) Financing Accounting Standards and RIMIC, Real Estate Mortgage Investment Conduits, The REMIC holds all the loans together into a pooling and servicing agreement. However, because they chose to avoid the IRS tax rules for double taxing, they pass on the real party of interest/ownership of the asset to the individual shareholders. So neither the REMIC nor the Trustee may foreclose. ( PSA ), Pooling and Servicing Agreement, FDCPA Laws, FTC, Privacy Laws, Social Security Act, ( FACTA ). They filed inaccurate derogatory information on my credit reports, thereby damaging my credit which results into injury. The agencies may have violated the ( FRCA ) by selling my information to third parties, ( TILA ) They violated the TTILA by not disclosing verbally that I had three year to rescind my contract. We were not told that the note was a monetary instrument and that a note in a mortgage transaction exceeds a maturity of nine months, and therefore it is already a security. Ref 15 U.S.C 78 ( c ) ( 10 ). Therefore, any reference to a note is your/knowledgeable, willful fraud by conversion, intent and action. Without Disclosure XXXX XXXX, XXXX XXXX, and associates registered the note as a security with the SECURITIES AND EXCHANGE COMMISSION using form XXXX. Fraud was committed because under U.C.C 3-306, there can not be a holder of due course on a promissory note after you deposit it so you use off balance sheet bookkeeping under ( FSA ) Financing Accounting Standards to hide the asset of the true creditor. All banks and subsidiary mortgage companies follow FAS standards.FR XXXX is XXXX of XXXX reports that are filed on XXXX form in which the public has a right top disclosure under the Privacy Act that shows the purported borrower 's asset and you, XXXX XXXX, XXXX XXXX and or your parent corporation, other subsidiaries, agents, liability.You are required under 12 U.S.C. 248 and 347 to file an FR XXXX balance sheet. Your liability is my promissory note. It is your liability because it is an asset to me. I am demanding copies of the XXXX registration statement XXXX you and anyone connect to you that shows THEY sold the note that is a transfer, the XXXX ( b ) ( XXXX ) prospectus, the balance sheets FR XXXX, XXXX, and XXXX that have XXXX number on them and a re subject to disclosure under the Privacy Act, Title U.S.C. 552 ( a ). You, your associates and previous purported owners of the note have " intentionally created fraud in the factum and withheld from me vital information concerning said debt and all of the matrix involved in making the loan. Filed an incorrect California Declaration of Compliance ( CAL.CIV.CODE 2923.55 ( c ) ) We are appealing California Declaration of Compliance and filing a XXXX with the SEC for illegal trading of securities.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94117
Submitted Via: Web
Date Sent: 2015-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I XXXX XXXX primary residence at XXXX XXXX XXXX XXXX XXXX, Illinois XXXX have lived her for 47 years. I inherited my property from my mom. The house went in your name in XXXX and had modification done in XXXX or XXXX. My mortgage payment including taxes and insurance was {$1200.00}. I was attacked by a XXXX student were I was working as a XXXX for XXXX XXXX XXXX. I had to go out on long term XXXX because of the attack and being diagnosed with XXXX, You notified my mortgage company for the loss of income. In XXXX I was diagnosed with XXXX. In XXXX taxes were due and the mortgage company fail to pay my real estate taxes and insurance. My taxes went up for sale and was purchased for {$10000.00} and the tax buyer now wants me to pay {$90000.00} for my home that is acquiring possession on XXXX XXXX. The mortgage company said they did not get any notice. However, my mortgage company had a responsibility to pay my taxes and fail to do so. I have a court date tomorrow and the mortgage company to be present to defend themselves of no notice to pay the outstanding taxes back to the tax buyer of {$10000.00} to avoid me loosing my home and paying {$90000.00} to buy my home back. I am trying to get a mortgage to purchase my home but need time. However, I could apply for another modification and avoid credit issue and start back paying my mortgage again now that I am now gainfully employed again and have been for a year now as a XXXX for a XXXX XXXX. I feel I am a target of mortgage fraud of loosing my home and have not being treated fairly. I have tried to work with the mortgage company and have not got any assistance. I got a letter from for tax buyer representing their title Mortgage Broker and Auctioneer. The company name is XXXX XXXX XXXX. Its very strange to me the lender did not pay my taxes when they was suppose to have paid them from my escrow account regardless of me being behind in my mortgage payments and my mortgage is still of record and has not been released and the foreclosure was dropped. I was denied a new modification program to reduce my payments when I became ill. Please assist
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60631
Submitted Via: Web
Date Sent: 2015-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We gave a purchase money mortgage to XXXX XXXX in XXXX, XXXX for a 15 year fixed rate mortgage with escrow for payment of taxes. The loan was assigned, most recently in or around XXXX, XXXX from XXXX XXXX XXXX XXXX to Select Portfolio Servicing. In that same month, the property was offered for an upset tax sale because, without our knowledge, local real estate taxes for XXXX, XXXX and XXXX had not been paid, even though we had made tax escrow payments including through at least XXXX and probably XXXX, XXXX. We are in the process of preventing judicial sale of the property at an expense to us of {$2000.00} for suspected misapplication and or non-payment of taxes by the predecessor of Select Portfolio Servicing , Inc .
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 178XX
Submitted Via: Web
Date Sent: 2015-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XX/XX/XXXX XXXX C/O XXXX Account#: XXXX Property Address: XXXX NY XXXX Complaint Againt Select Portfolio Customer Assistance Group, XXXX TX XXXX Dear Sir or Madam, I wish to file an official complaint against Select Portfolio Servicing, Inc. for deceptive business practices. I was paying my mortgage timely until Hurricane XXXX occurred. Hurricane XXXX forced me to vacate the property due to flooding and damage that resulted from said storm. Select Portfolio is well aware of the situation pertaining to the property and the coinciding insurance company involved. I have been fighting with the insurance company for the past 2 years regarding their obligation to cover the necessary repairs to the subject property. Prior to Hurricane XXXX I occupied the XXXX floor and I had XXXX tenants on the XXXX floor. After the storm, everyone, including myself had to vacate the property due to the severe damage that resulted from said storm. I had to go rent an apartment for $1,500.00 and maintain the mortgage payment on the subject property simultaneously. I was able to do for nineteen months without severe strain on my finances. I have now reached a point where I can no longer continue to maintain the payments. I have completed the repairs to the XXXX floors and the XXXX apartments upstairs are now rentable. I currently have the XXXX apartment rented out and should have the XXXX apartment rented out shortly. My own monies were used to finalize the construction on the XXXX floor of the building and I continue to struggle to complete reconstruction in hopes that I am able to secure part or all of the insurance monies due. The insurance company has denied my claim and I am currently in litigation with said entity over the damage that occurred to my property from hurricane XXXX. We went through arbitration XXXX in XX/XX/XXXX and still they refused to pay on the claim. The only remaining option as per the mediator at this time is to file suit, which I did as they refused to negotiate in good faith. The lender, Select Portfolio Servicing, Inc. has refused to work with me or assist me in any way in overcoming my short term financial issues. Further note that said entity has monies in escrow to cover repairs to the subject property. Given that the insurance company has yet to pay my claim, I reasonably plan to request said funds be released to myself so that I may complete the necessary repairs to my property. Please note that I made a substantial deposit at the time of purchase totaling 20% of the total purchase price. I have consistently paid my mortgage and only recently ran into some short term financial issues due to circumstances outside of my control. I don't believe it reasonable to commence foreclosure proceedings against me given that I have proven my ability and willingness to do what is necessary to keep my property. I am working diligently to address the financial issues faced due to Hurricane XXXX. I reasonably believe what's reasonable is for the bank to work with myself and release part or most of the escrow monies to myself so that I may complete the construction work to be done. Further, I believe they should stop any and all types of foreclosure action against myself as I have proven to be a conscientious borrower who ran into some short term financial issues due to circumstances outside of my control. Please let me know how you are able to assist me with this most serious matter. I have attached copies of the numerous filings that I have made against the insurance company trying to address this matter promptly as well as photos of the damage caused by Hurricane XXXX for your review. I thank you in advance for your anticipated prompted response in this most urgent matter, XXXX/ XXXX Cc: Select
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11210
Submitted Via: Web
Date Sent: 2015-05-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have submitted several complaints and also requested many Qualified Written requests. My QWR ALWAYS request that the company provided Certification that the signatures on the Assignment and Transfer Document be provided by a bank officer that has the authority to do so. Providing copies of documents that are robo signed do NOT solve the issue. In addition, I have repeatedly requested that I be provided all accounting document, notes, charges, fees records going back to the beginning of the original loan. They, along with the previous servicer say they do not have that information. If they transferred the loan then they should have that information. I cannot review the accounting and charges if I do not have all the information. This loan was included in the Foreclosure Fraud program by application - I cited that the loan was robo signed to XXXX from XXXX (XXXX acting on behalf of XXXX!!!!) and illegal foreclosure action. They sent me a check for that application in the program. I had also filed a quiet title action about the same time in District Court challenging their legal ownership of the loan. XXXX did not respond to that action within the XXXX day time frame allowed by the Court. They did, however, come in after that timeframe and try to prevent the judgement action - They also began sending a series of notifications out to me concerning qualification in the National Mortgage Settlement Act. However, even tho we had a court action ongoing and they were sending me letters to contact about settlement under the Department of Justice National Mortgage Settlement Act, they had already transferred the loan in XX/XX/XXXX to SPS. They did not send notification out that they were GOING to transfer the loan until XX/XX/XXXX and they now say that the transfer took place in XX/XX/XXXX. XXXX shows that the transfer to SPS NEVER took place and also shows that the loan is inactive (that would also correspond with the Fraud foreclosure action to remove the loan from foreclosure and rescind those actions). Research shows that the signature on the assignment and transfer document by XXXX which supposedly transfer the loan to SPS does not match the signatures as represented in other court actions wherein she and XXXX (notary) signatures are robo signed. Discussions with XXXX revealed recently that the original transfer of this loan to SPS ASSIGNED the loan to XXXX - and that was done so because she was specially assigned loans that would be offered modifications under the DOJ National Mortgage Settlement Act program. XXXX also affirmed that the program was not, in fact ever offered to me and that the normal reaching out and effort to extent application to the appropriate tagged loans had not been followed. She could not offer a reason why and when querried about why they had denied my repeated querries about being afforded the program she told me she would send me all representative notes and communications so I would have then. Those notes never were furnished. When I called back to check on the status of such I was told that I could not obtain that information but could only get records going back to XX/XX/2014....which totally missed the timeframe in question. The actions of SPS have impacted me in that I totally missed the timeline available to apply for modification under the National Mortgage Settlement Act. All my effort to do so was denied and they did not follow guidelines established to ensure I was afforded that opportunity. Although I am confident that there is fraud and deception in the assignment of this loan to both XXXX and SPS, I am attempting to settle this mess by requesting that I be afforded a guaranteed modification on the loan to the maximum standards that would have been allowed me under the DOJ modification program.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 78729
Submitted Via: Web
Date Sent: 2015-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-15
Issue: Settlement process and costs
Subissue:
Consumer Complaint: This complaint technically regards fraud, how I have dealt with it, and which office of protection who I complain to. On or about XXXX XXXX, XXXX I created a mortgage with XXXX XXXX XXXX XXXX Property is in XXXX . It is my residence. It was a high-interest re-fi. On XXXX XXXX, XXXX " XXXX XXXX '' went into receivership as it was banned from trading by the " SEC ''. On XXXX XXXX, XXXX I filed for Bankruptcy under Chapter XXXX # XXXX, District of XXXX. This alleged debt was discharged & not abandoned as a secured debt. A motion from relief from Stay was filed by the wrong bank on the wrong property but in my case. It was not me or the correct bank. " XXXX ' went officially out of business XXXX XXXX, XXXX. Assets disturbed by the Trustee in their bankruptcy. XXXX XXXX, XXXX a document titled ASSIGNMENT OF MORTGAGE was recorded at STATE OF XXXX LAND COURT DOC. # XXXX on XXXX. It was filed on behalf XXXX. naming XXXX, XXXX, as Trustee for THE BENEFIT OF XXXX., XXXX XXXX XXXX XXXX, XXXX XXXX ASSET BACKED PASS-THROUGH CERTIFICATES. Clearly stamped on the doc. was " this document is filed as an accommodation ONLY. It has not been examined as to its execution or its effect on the title. '' Meaning it was a forged rob-signed document. It was signed in XXXX by XXXX XXXX claiming to be a vice-president of " New Century '', a defunct corp. based in XXXX XXXX XXXX is a known rob-signer a actually vice-president of XXXX XXXX XXXX over-seeing its XXXX acquisitions. My mortgage never was a XXXX mortgage! Land Court it very specific here in XXXX. XXXX tried to foreclosure on me in XXXX XXXX but they could not. It was rejected. After discovering this fraud I sent my NOTICE OF RIGHT OF RESCISSION under " TILA '' to XXXX. AND XXXX . USPS cert. Mail # XXXX. I clearly rescinded the mortgage and note by OPERATION OF LAW. The US SUPREME COURT recently had a unanimous decision about this in XXXX vs XXXX # XXXX on XXXX XXXX, XXXX. " TILA means TILA '' and rescission means the mortgage and note are null and void. " OPERATION OF LAW from XXXX 's Law XXXX XXXX. means by which a right or a liability is created for a party regardless of the party 's actual intent ''. Around XXXX SELECT PORTFOLIO SERVICING, INC. took over servicing of this alleged mortgage. They continually send me letters, statements, against the bankruptcy law, and deny my mortgage was cancelled under TILA. I filed a NOTICE OF RESCISSION in the LAND COURT of XXXX including my letters to them as evidence. They have no status, standing, or jurisdiction in this matter. Please contact " SPS, Inc. and XXXX '' and let them know the facts as my letters and filings fall on deaf ears. Account # XXXX XXXX XXXX XXXX. I filed a complaint at OCC comptroller of the currency and they sent me to you. They handle TILA cases, but this complaint qualifies under your office. The mortgage and note were due to me within 20days after my notice along with all the monies I deposited. SPS, Inc continues to have an insurance policy naming them as loss payee against all my formal objections. They may also have a mortgage insurance policy as well, but I do not know. The XXXX Circuit Court of Appeals just the other day found XXXX XXXX XXXX criminally libel and engaging in racketeering pursuant to RICO for foreclosing when they knew a TILA Rescission Notice was sent. Details of this case forthcoming. Please assist me in bringing closure and settlement due to me. Under " TILA '' borrower does not need to file a counterclaim. Only when one is suing for damages does one need to. Thank you
Company Response: Company believes it acted appropriately as authorized by contract or law
State: HI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-15
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Sold my home via short sale on XXXX/XXXX/15. Mortgage servicer received and acknowledged payment on same date. Mortgage servicer did not post payment and show account as paid in full until XXXX XXXX, 2015. This action causes undue and unnecessary tax consequences to me. XXXX was sent and acknowledged and the request to correct was denied ( see attachment ) Mortgage company 's request for HAFA and HUD-1 was unnecessarily duplicative and presented only to delay the closure of the loan. Please correct the day of the paid in full date to reflect XXXX XXXX, 2015.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-05-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-14
Issue: Cont'd attempts collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Select Portfolio Servicing caused an unauthorized individual to trespass upon my property for the purpose of harassment and intimidation on Friday, XXXX XXXX, 2015. I was alarmed and afraid in my own home. I reported the incident to the police who made an official record of the activity which is in violation of local laws as outlined in the attached affidavit which I submit for CFPB review and follow up.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 105XX
Submitted Via: Web
Date Sent: 2015-05-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I owned a house in XXXX, MN. There was a major flood in XXXX and the house was destroyed. There was no flood insurance but there was PMI. I initially contacted XXXX ( my original mortgager ) and tried to do a deed in lieu of foreclosure. They denied this and sold my debt to a debt collector. It is currently with Select Portfolio Servicing , Inc, who has agreed to do a short sale with the city of XXXX, who has offered to purchase the property in a community development drive. Since Select Portfolio 's agreement to do a short sale, I have - at their request - provided them with bank statements, financial statements, copies of my XXXX, agreement letters from the city of XXXX, etc. Each time I send the information, they say there is something missing, or a date needs to be changed, or whatever else they can come up with. I provide the corrected info and they ask for it again and state that they did n't get it all together in time. I continue to provide what they ask for, but the end result continues to be that they run out of the allotted time amount and I need to start all over again. I have had everything they requested turned in on time but they say they always run out of time. I do not know how to get them to follow up on the sale and am very frustrated. The city of XXXX and the closing company involved with this have been very good to work with over this 3 year debacle but I am at my wits ' end. If there is anything you can do to assist, I would be very appreciative. Thank you!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MN
Zip: 557XX
Submitted Via: Web
Date Sent: 2015-05-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes