Date Received: 2015-04-07
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 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 opposing attorney 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. 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. 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, since we want to keep our family home.
Company Response: Company believes complaint is the result of an isolated error
State: HI
Zip: 967XX
Submitted Via: Web
Date Sent: 2015-04-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-06
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our mortgage company Select Portfolio Servicing has been flat out lying to us about our modification application. They were encouraging at XXXX when we began struggling with our payment due to loss of income and employment, but as we try to go through the process with them they provide conflicting information, tell us that all documents are in and that we are going to underwriting for a decision. After 3 weeks with no contact we call them and are told there was no review done because they never got out paperwork. This has gone on for months and is very frustrating. Our current mortgage payment is close to half of our current income and we know that there are government programs to help people like us. Why is SPS giving us such a runaround? My husband has worked as a XXXX forXXXX years. I have run a XXXX business for the last XXXX years but in XX/XX/2013 I lost several of my clients due to the bad economy -- their parents could no longer afford the service. This coincided with XXXX losing hours at his job. This put us in a bad situation. We also have taken in foster children periodically over the past 9 years, which helped supplement our income. Unfortunately we had a very bad experience with the last foster child we took in and it was so heartbreaking we are not taking on any new kids. After falling a couple of months behind on the payment we were told by SPS that they would review our application for modification assistance. After sending the package in there was no communication for several weeks. When I called in I was told that the paperwork had been lost and needed to be re-sent. I sent the paperwork again and when I called to follow up the agent deflected the conversation into a collection call, demanding to know when we would make a payment. We then began getting correspondence to try and get us to agree to a short sale or deed in lieu of foreclosure, even though SPS had never even opened a review for options to save our home that was actually built by my husband 's uncle! On a recent call we were told that everything that was needed for the review was in and that the file was going to an underwriter for a decision. We waited a few weeks and called back in to find out what the decision was, and were told that SPS did not have our paperwork so no review could be conducted. We have gone through a tough stretch here, but have done everything we can to comply with the bank 's requests for financial information. Not only that, but I have taken a job working at XXXX to supplement XXXX XXXX income. I do n't understand why SPS treats their customers so poorly -- we are scraping every bit we can to make sure bills are paid and I am training to be a supervisor at XXXX and working as many hours as they will allow so that we can resolve all of these issues with SPS. We know that there are government programs designed to assist people like us, and we know that we fit into these program guidelines. What we do n't know is why SPS is giving us such a hard time and not allowing us to access these programs.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 215XX
Submitted Via: Web
Date Sent: 2015-04-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-06
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I submitted a loss mitigation package to attorneys for servicer SPS. On XX/XX/XXXX, I received the denial letter dated XX/XX/XXXX, from SPS 's attorneys. It was XXXX months late, it had an incorrect NPV gross monthly income amount and incorrectly denied HAMP Tier 2 eligibility. On XX/XX/XXXX, I sent SPS 's attorneys a notice of appeal consisting of an explanatory letter and XXXX spreadsheets showing my waterfall calculations. By letter dated XX/XX/XXXX, SPS denied the appeal claiming I had provided no documentation and it was past the 30 day appeal deadline. I responded by letter dated XX/XX/XXXX. All cited letters are attached herein.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 132XX
Submitted Via: Web
Date Sent: 2015-04-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-04
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We filed for chapter XXXX and our home was not included. It was discharge XX/XX/XXXX. I called SPS in XX/XX/XXXX to discuss our options ( short sale, deed in lieu, etc. ). The rep stated, since we have children we could get {$3000.00} for moving expenses. On the advice of our attorney, he said to call the opposing law firm ( XXXX ) to find out the sale date of our home after XX/XX/XXXX. I called them on XX/XX/XXXX and left a message asking for this information. No one ever called back. I checked with my attorney and he was unable to find out when the sale date of hour home would be. On XX/XX/XXXX, we received a registered letter stating our court case would be XX/XX/XXXX to confirm the sale of our home! Talk about no notice!!! Three weeks??? Plus, no one would let us know the sale date. I called SPS and they said that we were not eligible for the {$3000.00}. They said because the sale had already taken place. What? I asked why this was n't explained in fall. The CSR said I should have provided a contact number. I replied, " Why did n't the CSR ask for XXXX in fall? Plus, SPS has our mailing information. They could have mailed it if they did n't have the phone number. '' The CSR blamed me for not following up. I told him, " I have never been through this process before, so how would I know? '' He said it was still up to me. Due to the short time frame, we have no place to go to and will be living in a hotel. We have XXXX children and XXXX of them are XXXX. I ca n't imagine how this could have been made any more difficult than it has been. Coming off of a chapter XXXX, we are cash poor and desperately need this money to sustain us while living in a hotel, to cover moving expenses, and to set up residence elsewhere.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WI
Zip: 53217
Submitted Via: Web
Date Sent: 2015-04-04
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-03
Issue: Settlement process and costs
Subissue:
Consumer Complaint: Mortgage Fraud is being perpetuated against by SPS known as Select Portfolio Servicing , Inc the property is located at XXXX XXXX XXXX XXXX, Ga XXXX. Legal Description : ALL THAT TRACT OR PARCEROF LAND LYING AND BEING IN LAND LOT XXXX OF THE XXXX TH DISTRICT OF XXXX XXXX, GEORGIA, BEING LO XXXX XXXX OF XXXX SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK XXXX, PAGE XXXX, RECORDS OF XXXX XXXX, GEORGIA, WHICH PLAT IS BY REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. I sent notice and ask the plaintiff to:XXXX Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; a ) FR XXXX balance sheet ( XXXX # 's XXXX, XXXX, XXXX ) b ) FAS XXXX Cash Flow Statementsc ) XXXX XXXX XXXX ) XXXX XXXX ) SEC Registration # of the pooled trustf ) FWP ( free writing prospectus ) SPS wont respond and now they are foreclosing on a property they do not own..
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30238
Submitted Via: Web
Date Sent: 2015-04-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: we did a modification, we were approved with XXXX XXXX XXXX this was in XX/XX/XXXX as soon as we were approved they denied all at the same time. sent mtg, payment back to us and sold to select portfolio services. they 're not working with us. we obtained a lawyer, fee of XXXX a month who was suing XXXX. were now in forclosure we dont have a payoff amount it goes from XXXX, XXXX and then XXXX and back to XXXX we found this much out because were trying to do short sale and obtain our equity from the home, but now it going into forclosure. our parents left us this house, we did probate were abused in the refinancing of the propety, its been a struggle since XX/XX/XXXX the percentage has alwys bee 19 % never went down. we were said too so many times '' pay on time for a year and the percentage will go down with monthly payment. '' that never happened. we borrowed off the house in XX/XX/XXXX to do just what they asked. continue paying on time and things would get easier. that was not true. the money borrowed paid mtg. for XXXX years on time, the note was XXXX monthly. then XXXX started forclosures then stopped, because we had help from Harp. they lowered the mtg. to XXXX monthly that lased for about XXXX years. thats how we arrived in this situation now. we did the siminars thats how we were approved for our modification in XX/XX/XXXX then it was revoked in the same month. as of today were in forclosure and trying to make sure were not wrong but we were abused and taken advantage of. were looking for justice somewhere so i started here, i do not know what else to do. we 've been here since XX/XX/XXXX please help. i Need to know if XXXX XXXX XXXX is still acountable for all of this. Select portfolio services is having problems and complaints of their own, why would they take on this loan and not want to work with us but force us out. i beleive they knew what was happing with XXXX and should not have been able to get this loan and there was a legal suit filed against XXXX XXXX XXXX?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90806
Submitted Via: Web
Date Sent: 2015-05-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-02
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Back in 2011 my Notary sent an administrative process to XXXX XXXX XXXX using a Private Registered set-off Bond for XXXX. They never returned the negotiable instrument therefore it is discharged according to XXXX XXXX they refused the payment by sending me a frivolous letter. Then they transferred the mortgage to the current third party which is Select Portfolio Inc. SPS reinstated the foreclosure process and I saved the house by entering bankruptcy. Now I have sent another XXXX private forms of payment-an EFT check and an XXXX - ( also sent to IRS in XXXX KY XXXX. They did not return the EFT check-another example of XXXX, XXXX XXXX and Public Law 73-10 which states that institutions are not allowed to pick and choose what types of payments they can accept. By not returning my instruments these service companies can enrich themselves at the discount window without granting me credit on my mortgage. This would be considered Grand Theft. I demand that they release the lien on my property immediately and restore my good name.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11433
Submitted Via: Web
Date Sent: 2015-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-02
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Re : Case # XXXXXXXXDear Select Portfolio, I received a copy of your letter to the NC Department of Justice. I do not agree with your explanation of what caused this satisfaction certificate to be filed in XXXX. You maintain that the note was canceled in error by XXXX, the owner of XXXX, is the original lender on the loan, in XXXX. XXXX initially disputed having canceled the loan and referred me to XXXX, who they claimed I should contact, as the signer on the certificate was XXXX XXXX, is an employee of XXXX. XXXX has denied servicing a loan in the name of, XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, NC XXXX. SPS has stated repeatedly that they have serviced the loan since XXXX, and sent the payments to XXXX XXXX XXXX XXXX. I have information from XXXX XXXX XXXX saying they held XXXX files in their vault until XXXX. At that time they returned those files to XXXX, and that SPS was the servicer. XXXX XXXX XXXX has written that they have not received any payments from you on that loan, and that no payments were due them. So how was the certificate of satisfaction filed in their name? During recent conversations with XXXX XXXX XXXX, they still say they had nothing to do with this. XXXX XXXX XXXX has had a change of heart. They previously said that SPS was not their servicer when the loan was satisfied. Now it appears they are admitting that SPS fka XXXX XXXX was. XXXX stated that they did not cancel the mortgage. If they had did it in error, why did they continue to deny canceling it, and are now trying to change what they have said? There appears to be a conspiracy in progress here.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 285XX
Submitted Via: Web
Date Sent: 2015-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-02
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: This is an ongoing complaint. You should be able to select more than XXXX issue. Yesterday, Select Portfolio Servicing ( herein ; SPS ) sent a Realtor XXXX XXXX from XXXX XXXX ( no address on letter, only a ph # XXXX & a Fax XXXX ) to put a letter on my residence of owner Occupied. To ask about moving out and receiving cash to avoid eviction. My matter is still in litigation. SPS still continues to make attempts to " scare me '' I am XXXX, my spouse abandoned me. I have been fighting this by myself. I am not on a " NOTE '' that had been lost, destroyed or stolen, that was never produced until the very last minute, with XXXX signature, ( ill gotten ) and XXXX endorsement, without recourse. SPS has never had a recorded chain of assignment only a fraudulent assignment by XXXX exists in the recorder office by a Robo Signer named XXXX XXXX. To which is what SPS came with. If they had at the time, why did they not bring it. They did not HAVE the authority to come to court or act on behalf of anyone. I have sent several XXXX and XXXX to SPS, and the recent Realtor. SPS has comitted fraud, along with XXXX Bank. I ask they Cease and Desist from further attempts to seize my home or have me evicted as THREATENED. my case is still in Litigation. THEY ALSO CONTINUE TO ASK FOR A PAYMENT THAT WAS PAID. I HAVE SUPPORTING DOCUMENTATIONS TO SUPPORT THIS FACT. THEY ALSO CAN NOT PROVIDE XXXX YRS OF ACCOUNT ACTIVITY. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32837
Submitted Via: Web
Date Sent: 2015-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-01
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: I applied for the Making Home Affordable program ( 2 % interest rate ) HAMP Tier 1 and/or Tier 2 through my mortgage lender, SPS. For the last few months, I 've been having a difficult time paying my mortgage and been trying my best to stay afloat. My expenses have increased. To make ends meet, I exhausted all my reserves and looked for help from SPS. I want to be evaluated for every loan modification alternative including the HAMP program which is the lowest and most affordable mortgage payment. I also want a decreased interest rate to 2 % through the HAMP program as well as any incentives. SPS has been delaying consideration of my mortgage application, losing documents, constantly requiring additional items, making me submit new documents because the documents I previously sent to them are now outdated ( the lender dragged their feet ), dual-tracking ( filing a foreclosure complaint while a modification is pending review ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 19111
Submitted Via: Web
Date Sent: 2015-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No