Date Received: 2015-04-13
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: Select Portfolio Serving, SPS, is not acting in " Good Faith '' in the underwriting and preparation of a loan modification which was in fact already granted in XXXX of XXXX by the former bank note holder, XXXX. I have fully complied with all their requests for financial information for the past 6 months. They are requesting the same financial information over and over again. I have sent them " proof '' of income several times only to be informed it is not enough. I have already given them the following Documents:XX/XX/XXXX TaxesBank StatementsInsurance statementsrental income for the house in questionrental income fore the XXXX XXXX XXXX income for investment property located at XXXX XXXX XXXX XXXX XXXX Fl5 months of consecutive rental income direct from the Federal Government ComputersProfit and Loss StatementsDetailed listing of my ExpensesRMA formAll this information can be verified by my Taxes which were professionally prepared by XXXX XXXX and XXXX XXXX CPA, XXXX New York XXXX SPS has formally acknowledged the receipt of this information via email confirmations to me dated:XX/XX/XXXX, XXXX confirmations of receipt XXXX/XXXX/XXXX, XXXX confirms of receipt XXXX/XXXX/XXXX, XXXX, XXXX confirms of receipt XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX, XXXX confirms of receipt XXXX/XXXX/XXXX. In total, there are XXXX separate emails from me that they confirm were in fact received by them. Despite my total cooperation and a deluge of information from me which can be easily verified, SPS continues to deliberately delay and or sabotage the recognition of a Mortgage already put in place by XXXX or grant a new mortgage taking into consideration the failures of XXXX and now XXXX Bank to accept my mortgage payment of {$1700.00} for several years. In fact, XXXX had accepted my payments for 9 months. I have attempted to correct this situation through personal phone calls, letters and lawyers. To date, no one is listening. Once again, the loan had been modified in XXXX and I was current on the payments when the note was transferred to the new servicer. The new servicer required me to re-apply for a loan modification which put me at risk of foreclosure because the new servicer did not accept payments after the loan was transferred. Florida is a XXXX XXXX and Foreclosure matters are referred to XXXX XXXX. The bank and I are required to participate in a Loss Mitigation Workout Solution. This matter has been placed on the court 's calendar and I submitted opposition papers to a Summary Judgement Motion on the basis that the Note to the Subject Property was not attached to the Bank 's Motion papers. There is a sale date scheduled for XXXX XXXX, XXXX and the bank has all the documents to approve a Loan Modification, but is not in COMPLIANCE with FEDERAL GUIDELINES. XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11520
Submitted Via: Web
Date Sent: 2015-04-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We purchased a home with high interest rate due to that I had a id theft in the past and it hindered my rates etc. We got the home in 2007 and we wanted a fixed rate, but rather gave us a var. rate loan. The whole time they never had our balance correct and the monthly fees were different each time. We could not set our budget due to the performance and actions of the lender. They kept telling us oh if we send this much then the amount would go down. Well there were times we sent XXXX or XXXX or less etc. and they never did what they said. They traded our loan from one company to XXXX whom did the same thing, they cheated us and then went to XXXX XXXX XXXX they pulled the same stunt. Now we are with SPS and they have only applied our money toward interest and no principal so therefore our balance has been the same since then. This is cheated us of hard money. Now this company has had a lawyer threat to forclose and added XXXX to it etc. We should no loose our home due to dishonest and fraud companies. I want help for use, I have dealt with stress related issues and vomiting due to this. I am tired of us being taking advantage of us. All we want is to keep our home and get credit for our payments not just put the money aside as if we did not pay. help us and want a fixed rate they should credit us or refund our money if they play crooked. I would like a settlement not threats from a lawyer etc. that to me is wrong very wrong. We do n't have XXXX to pull out of a hat just to satisify a crooked firm. their no. XXXX acct. # XXXX thanks
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: 735XX
Submitted Via: Web
Date Sent: 2015-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX, attorneys for Select Portfolio Servicing ( SPS ) have threatened foreclosure of my house see attachments. The CFPB has been clear through amicus briefs, examination procedures and guidelines that when mortgage servicing rights are purchased subsequent to a loan being in default, the Fair Debt Collection Practices Act ( FDCPA ) applies and a non-judicial foreclosure is in clear violation of the FDCPA. A XXXX of my house remains on XXXX stating there was an auction and updates are awaiting. SPS nor their attorneys have been able to provide historical loan records from inception of the loan. Recently, their attorneys sent me a Notice of Rescission of Mortgage Acceleration which supports the fact that a non-judicial foreclosure should not and can not occur. Despite my request for SPS to stop calling me, they continue to call. Please review all attached documents.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 75034
Submitted Via: Web
Date Sent: 2015-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-12
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My lender is Select Portfolio Servicing. And, not by choice! My loan was sold to them by XXXX XXXX XXXX a year and half ago. Its been XXXX ever since! I had XXXX messages from my Relationship Manager so I called back SPS. While I am waiting for a human being to pick up, the recording is giving me the latest update on the status of my account. It starts off with " your forbearance payment of $ XXXX was received on XXXX XXXX, 2015. Your next forbearance payment of $ XXXX is due on XXXX XXXX, 2015 ''. I was shocked and horrified! I am NOT in default on my loan payments and yet, according to this account update from SPS, I am! When I do get XXXX ( relationship manager team ) on the line, I ask her about this. Mind you, this conversation is being recorded. I say, good! We will need the proof! XXXX starts off by telling me that I am confused! She says I am paid up ahead and that my next payment is not till XXXX 2015 ; further that since I paid extra, the XXXX amount is that much less. So, I ask her what happened to my XXXX payment that I made -- -on time, mind you. I get silence! Then XXXX insists that I am paid up ahead and that my payment was applied to XXXX 2015. Again, I question this statement and action on the part of SPS because I paid for XXXX 2015, on time. Finally, XXXX says that my XXXX payment triggered the Trial Loan Modification that I was approved for. Yet again, I am shocked and not a little terrified! Because, from what XXXX of SPS is telling me is that SPS took my XX/XX/XXXX-on-time payment, applied it to XXXX thereby forcing me to be in default!!!!!! Further XXXX is telling me that the Trial Loan Mod that should not have been triggered except by MY payment of their required amount by XXXX XXXX, 2015 was triggered by my XXXX payment! Even though the correspondence from SPS clearly indicates that the trial loan mod would only be triggered by my payment of $ XXXX by XXXX XXXX, 2015! So, I want CFPB 's help with this problem with SPS. SPS is operating outside the law and has committed FRAUD. What they did by forcing me to be in default when I am not is ILLEGAL!!!!! I would appreciate guidance as to what my options are in this case where my lender is corrupt and committing illegal acts as well as fraud with the mortgage loans that they service. Thank you in advance for your help!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 939XX
Submitted Via: Web
Date Sent: 2015-04-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-10
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: The company that is now servicing our loan:1 ) modified our interest rate early : we had a modification that was suppose to run through XX/XX/XXXX payment, they modified our interest rate early, XXXX 's payment, and screwed up our payment amount. 2 ) They paid our property taxes : We have never had an escrow account with this loan, we have always paid the taxes ourselves. They did not inform us that they were going to do pay our taxes or even ask if we were going to pay them, they just went and paid them. Then a month after that they added the amount they had paid to our loan balance, which they can not do. 3 ) They have started adding mysterious charges : They have never informed us as to what these " Fees '' are for, they simply added them to the bill. 4 ) Now they are trying to add an escrow account, even though it clearing states in our loan that there is to be NO escrow account and that we will be paying both the taxes and the insurance. Which we have done for the past XXXX years without fail. 5 ) we asked for a loan modification in XX/XX/XXXX, we have not heard back from them, other then to send us endless form letters that say nothing. When I call I am told that I can not speak to that department because they do n't have a customer service line, when I ask if they can have them call I am told that all the person I am talking to can do is send a message to the other department and ask them to contact me. When I pointed out that they have never called me back from any of the XXXX phone calls I have made they tell me sorry, all they can do is send a message, even when I ask to speak to a supervisor I am told that all the supervisor can do is send a message.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OR
Zip: 97338
Submitted Via: Web
Date Sent: 2015-04-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: The lender failed to give me a modification when I am eligible for XXXX. I hired a lawyer and the lawyer agrees with me. The lender, however, is still trying to take my property. Due to the recent denial, I need your immediate help because I do n't know the sale date.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-08
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We applied for a loan mod in XXXX. Because after the economic downslide in XXXX, we could n't afford our mo. payments at 7 % int. ( equaling over $ 15K mo. with impounds ) ; especially with interest rates half that amount at the time. But we were denied. We repeated the application a couple of years later only to find out that our original mortgage company ( XXXX ) had gone bankrupt and that we 'd been paying a service provider, Select Portfolio Services , Inc ( SPS ). We hired attorney, XXXX XXXX and his researcher, to find out who owned our loan. They found proof that our mortgage had been sold on the stock market multiple times, that Mers was involved with Robo signing, notaries signed docs whose licenses had expired, and that our loan had been transferred to US Bank 3 yrs after XXXX went bankrupt. XXXX XXXX said that we MUST stop paying our mortgage to make them sue us, because only then they 'd have to prove they owned our mortgage. So we did. We wound up hiring another attorney, XXXX XXXX in XXXX and went to court with our case. The judge ( XXXX XXXX in XXXX ) asked the opposing side ( US Bank, which SPS serviced ) to prove that they owned the loan. They could NOT prove it, said that " It was too erroneous ''. ( " Erroneous '' means it 's above the law ), in other words they could n't prove it and do n't have to prove it. XXXX XXXX said that he did not know how to rule and then ruled in THEIR favor!!? The attorney for US Bank was on the phone - did n't even show up in court. So after the ruling, although we did NOT believe that they owned the loan, we continued with the loan modification process with SPS and tried to get our loan reinstated. After getting lots of " run-around '' and eventual denial, we went into foreclosure status, with a commissioner assigned to sell our house. This is our family home and where we office. So we were advised to file Chapter XXXX BK to halt the foreclosure process. Our new BK attorney ( XXXX XXXX ) charged us $ 20K to create and file a plan for Chapter XXXX. We left it up to him because we assumed he had the experience/know how. However, our plan and our BK was denied and as soon as it was, the foreclosure threat became active again. Simultaneously throughout this entire time, we had another attorney ( XXXX XXXX in XXXX XXXX ) VERY actively trying to negotiate a loan mod for us with SPS. He was asked to send, resend, and resend the same paperwork over and over ; then only to be told that they needed to be updated. NOTE : What we did n't realize back when we stopped paying our mortgage is that our interest was going down from 7 % to 2.5 % as of XXXX XXXX. Too bad we did n't realize that back then. Anyway, we 've since offered SPS to make monthly payments at our legal current interest rate of 2.5 % and to even pay part of the arrears off and to put the balance of the arrears ( which had grown to over $ 400K ) on the back end just to end this. SPS told us repetitively that things look good, that it 'll be any day, any day and that we should hear back by XXXX/XXXX/XXXX. Then our original attorney, XXXX XXXX ( who took our case to court and lost ), called and said that with the commissioner who was assigned could sell our house now that we were out of BK. He could say they tried to reach us and did n't, and the next thing we would hear is that we have to vacate. This has caused us tremendous stress, so I am reaching out for HELP. We obviously have always intended to pay whoever owned our loan and to get a fair interest rate. It now seems VERY unfair ( even criminal ) that no one can prove who owns our mortgage, yet US Bank has the ability/the right to foreclose, even when we are trying desperately to make a fair payment structure and to reinstate our loan. We have n't known where to turn, so I am hoping that you can PLEASE HELP, or help us understand how to get help
Company Response: Company believes complaint is the result of an isolated error
State: HI
Zip: 967XX
Submitted Via: Web
Date Sent: 2015-04-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-08
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Please see attached full history. VIOLATIONS - SERVICER FAILURES AND FRAUDSXXXX. Failure to properly respond to RESPA QWR letters including timely, and fully including a failure to provide ARM adjustment history, and investors information, securitization information and contracts, and directives relied upon for denial of loan modification. REAL ESTATE SETTLEMENT PROCEDURES ACT ( " RESPA '' ) 12 U.S.C. 2605 See Exhibits 1-52. Stating false and conflicting ownership claims. TRUTH IN LENDING ACT ( " TILA '' ) 15 U.S.C. 1641 ( f ) ( XXXX ). See Exhibits XXXX - Owner XXXX XXXX, Exhibit XXXX - XXXX XXXX Bank XXXX. as trustee for XXXX Mortgage XXXX XXXX XXXX, Exhibit XXXX XXXX XXXX states the loan is owned by XXXX Owned by XXXX ( SPS ), your servicer or an affiliated company, Exhibit XXXX -XX/XX/XXXX XXXX, XXXX - XXXX XXXX response to RESPA QWR dated XXXX XXXX, XXXX and XXXX XXXX, XXXX states XXXX XXXX XXXX XXXX XXXX XXXX, XXXX VA XXXX XXXX XXXX loan, and Exhibit XXXX - on XXXX XXXX, XXXX - XXXX Company XXXX XXXX XXXX XXXX owned subsidiary of XXXX XXXX XXXX sent a FDCPA debt letter claiming Select Portfolio Servicing is the owner of the debt. Exhibit XXXX -Attached to the XXXX XXXX XXXX/XXXX/XXXX letter is a Note with no endorsements. Exhibit XXXX - Attached to the SPS XXXX/XXXX/XXXX letter is a Note with no endorsements and a certificate of transfer claiming XXXX is transferring the loan to XXXX XXXX as Trustee for HVMLT XXXX. Also attached were XXXX screenshots from that appears to be the Mortgage Electronic Registration Systems which shows loan transfers that do not match the timelines of other statements and debt collection actions. XXXX/XXXX/XXXX XXXX transferred the loan to XXXX XXXX XXXX XXXX, XXXX/XXXX/XXXX XXXX XXXX XXXX XXXX transfers the loan to XXXX XXXX XXXX XXXX a division of XXXX XXXX Bank XXXX, XXXX/XXXX/XXXX, XXXX XXXX XXXX XXXX a division of XXXX XXXX Bank XXXX. transfers the loan to XXXX, XXXX/XXXX/XXXX XXXX transfers the loan back to XXXX XXXX XXXX, XXXX/XXXX/XXXX XXXX XXXX XXXX transfers the loan to XXXX XXXX as Trustee ( no trust named ) XXXX. Failure to properly respond to FDCPA request to validate the debt, name owner of the debt and provide full accounting and ARM adjustment history. FAIR DEBT COLLECTIONS PRACTICES ACT ( " FDCPA '' ) 15 U.S.C. 1692 See Exhibits XXXX and Exhibit XXXX. Placing lender paid mortgage insurance without disclosure and subsequent fraudulent concealment of insurance by servicers. THE HOMEOWNER PROTECTION ACT of XX/XX/XXXX ( " HOPA '' ) 12 U.S.C. 4907 See Issue # XXXX. Discrimination in loan modification. EQUAL CREDIT OPPORTUNITY ACT ( " ECOA '' ) 15 U.S.C. 1691 See Issue # XXXX. Using false entries of property value and interest rate on NPV test to deny modification and stating loan was owned by XXXXPortfolio ( Servicer owned ) when previously it was stated that XXXX XXXX owned the loan. Refusals to provide actual investor directives or even give a straight answer regarding investor. Dodd-Frank XXXX See Exhibit XXXX. Reporting the debt and not reporting it as disputed to all XXXX credit bureaus. Although the loan has been disputed including the amount due and ownership for more than 4 years within several written requests, the servicers have continued to report the debt and not reported it as disputed and have failed to properly validate the debt. FAIR CREDIT REPORTING ACT ( " FCRA '' ) 15 U.S.C. XXXX XXXX Exhibits XXXX XXXX. Failure to engage in loss mitigation as required after a bankruptcy was dismissed on XXXX/XXXX/XXXX. Instead I began receiving notices of continuing foreclosure proceeding from XXXX XXXX & XXXX on XXXX/XXXX/XXXX, and Notice of Default from SPS on XXXX/XXXX/XXXX and XXXX/XXXX/XXXX. Foreclosure proceedings again with no effort for loss mitigation. Part XXXX -- Real Estate Settlement Procedures Act ( Regulation X ) 1024.39 ( d ) ( XXXX )
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 22003
Submitted Via: Web
Date Sent: 2015-04-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-07
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX XXXX XXXX was the original mortgage company for my home loan three years ago. I was going through major hardship after my divorce when we went from a healthy XXXX income to a XXXX income. I was also in transition in my work. I knew trouble was coming, so I contacted XXXX XXXX XXXX. They told me that I had to be in default before they could work with me to modify my loan. In another three months, I was in default, so they started to offer assistance. It took 18 months before they approved me for what they called a loan modification, which an attorney told me clearly was not. XXXX XXXX XXXX made " clerical errors '' and " forgot '' to include escrowed charges into my monthly payment. They apologized, but there was nothing they could do. I was now in default of my " loan modification. '' However, that did n't matter, because at that same time and though I had paid {$12000.00} to XXXX XXXX XXXX over a period of six months during the supposed trial period, XXXX XXXX XXXX sold my loan or handed it over to a servicer, Select Portfolio Servicing , Inc. ( SPS ). Once I learned of that transition, I contacted SPS and entered into a loan modification process with SPS. At first, I thought SPS would help me, but now I feel strongly that they were playing games. While legally allowed to do so, every 60 to 90 days, they contacted me to tell me a new program had opened that I might be a fit for and that meant we would have to close the current process down to allow me to apply for the new program. I trusted them. I thought they must know better than I the homeowner does. So I agreed. Every few months this happened until we were entering our second year. At that point, we tried what I believe was the HAMP, and was declined. So we kept submitting paperwork. In XX/XX/XXXX, I hit a wall with SPS. It felt as though they were stringing me along, but I did n't understand why. In XX/XX/XXXX they said I did n't earn enough money at {$6000.00} a month. In XXXX they said I earned too much money at {$7000.00} a month. I called to ask them what income they would need to allow me a modification and I could not get a straight answer. I began my search for a law firm to help me in my loan modification and communication process. In early XX/XX/XXXX I signed an agreement with XXXX XXXX XXXX in XXXX XXXX to help me structure the loan modification application and help me communicate with SPS. The representatives at the law firm got the same runaround as I had gotten from SPS. However, a new twist was added and I was once again financially XXXX. I was n't earning what I had been, which threw a wrench into the works for the process. We are now coming to the XXXX appeal, according to SPS. My financial situation has improved and SPS should consider my income over an average of 6 to 12 months to get a clear picture that I can pay {$2500.00} a month in a new loan. I own my own business and freelance. That means I do n't receive a paycheck like a W2 employee. But I can certainly pay my bills. I paid for both a legitimate home inspection and a legitimate home appraisal, which comes in about {$100000.00} less than the appraisal SPS continues to use in my paperwork that was provided to them via drive-by appraisal tactics. I HAVE REQUESTED VIA MY ATTORNEY THAT SPS CONSIDER THE APPRAISAL AND HOME INSPECTION REPORT, BUT TO THIS DAY THEY HAVE NOT. For two years I have asked for XXXX things : Please give me a loan with reasonable terms, remove some or all arrears that make this loan too much to bear, and give me an affordable monthly payment ( which with escrowed HOA dues, taxes and insurance would be about {$2400.00} - {$2800.00} a month ). I feel like I have been victimized by SPS and a very broken loan modification process that was put in place to help people in hardship keep their family homes. What I have come to realize is that the program and servicers help very few people.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92630
Submitted Via: Web
Date Sent: 2015-04-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-07
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our servicer, Select Portfolio Servicing in Utah, has requested require documents in order to negotiate a loan modification with the borrower. The borrower had received a completion notice from XXXX in XX/XX/XXXX, saying within one month, the examination will be notified to the borrower. The notification to this effect has never been received thus far, whereas Required Information Notice has been numerously received by the borrower. SPS has been repeatedly extending the expiration date for submission of Required Information, and the latest notification said the date has been set for XX/XX/XXXX. However, the borrower has recently been receiving numerous solicitation letters from attorneys at law and other private companies that are offering legal assistance regarding violation of " Dual Tracking '' and " Single Point of Contact '' because they insisted public notice has it that non-judicial trust sale date has been set for XX/XX/XXXX. The borrower has not received the Notice of Sale from Select portfolio servicing yet XXXX has listed the property to be auctioned off on XX/XX/XXXX. XXXX XXXX, Consumer Ombudsman Specialist at SPS wrote to the borrower with its carbon copy of XX/XX/XXXX addressed to CALIFORNIA ATTORNEY GENERAL 'S OFFICE, saying " Please keep in mind that each time documents are received an Acknowledgement Letter will be sent out. Once the processor has reviewed the documents another letter will be mailed out advising of documents that are needed or advising that we have a complete packet. '' See the last paragraph of the XXXX page of the said letter by XXXX XXXX as per attached hereto. Since XX/XX/XXXX, the borrower has submitted information numerously all along, but the said Acknowledgement Letter has never been received. The borrower has received Required Information Notices with pre-printed boilerplate letters containing all-encompassing documents. The borrower has never been able to speak to the so-called XXXX relationship managers, XXXX XXXX, and XXXX XXXX, as a single point of contact, but more than a XXXX different people from SPS called the borrower, asking redundantly for already-submitted documents and information. The borrower finally gave up on talking to them on the phone and SPS notified the borrower stating they will terminate any verbal communication with borrower yet SPS calls numerous times without leaving voice mail.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94534
Submitted Via: Web
Date Sent: 2015-04-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No