Date Received: 2023-03-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have had the mortgage on my home for 18+ years. My mortgage was sold to SPS with a balance of {$80000.00} and still owe {$77000.00} and have no equity in my home. When I contacted SPS servicing, they didn't understand what my concern was and were of no help. I am a XXXX XXXX XXXX female that is XXXX American and I feel that my mortgage company is taking advantage of me because of my race and my age. There is no way that I am paying on a Mortgage for as long as I have and only have {$2000.00} in equity. When I did speak to someone at SPS, they told me my mortgage would be paid off in the year XXXX. How is this even possible when I only did a 30 year mortgage in XXXX??? I need someone to assist in finding out what this company is doing with my money every month
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 44122
Submitted Via: Web
Date Sent: 2023-03-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am writing this complaint regarding a modification on my mortgage. I was offered a repayment or trial payment of XXXX for 7 months. I have had a hardship for the last several years which caused me to fall way behind on my mortgage. I have asked Select Portfolio Servicing to please give me a affordable mortgage so that I can maintain the home. They on purposely gave me the XXXX trial mortgage for me to loose my home. Select Portfolio Servicing has never tried to work with me due to my race and XXXX. They sent a letter saying if I couldnt pay the trial payment to surrender the property. I have always received letters like this as well as foreclosure letters too which has made me file bankruptcy in order to keep the property. I am asking them will they please give me a affordable mortgage so that we can move forward with this matter. I need a place to stay. I want to stay in my home. It need repairs as well. Please help at this point. Also can I get assistance on the repairs as well. Thanks
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38135
Submitted Via: Web
Date Sent: 2023-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XXXX 2022 XXXX XXXX XXXXXXXX ( XXXX ) sold my loan to Select Portfolio. We had a XXXX LOC HELO loan XXXX for over 10 years. The payments were automatically withdrawn, and the loan was in excellent status. Almost immediately I saw that Select Portfolio changed the terms of the loan. 1. I called Select Folio and agreed to have up to {$500.00} deducted from my bank to pay this new bank. The 1st month was approx. {$260.00}, next month {$740.00} and then finally they withdrew {$1500.00} in XXXX. This was quite a bit more that the {$500.00} I allowed. Basically, my monthly cost was 400 % higher than XXXX within 6 months. 2. My loan with XXXX allowed changes from fixed to variable and vice versa, something Select Folio will not do. This is a huge problem since I wanted it converted to a fixed interest rate in XXXX. 2022 This was before all the large rate hikes. 3. Next, they added a clause whereby they wanted me to purchase additional insurance. This was not required at all from XXXX. The loan was for only XXXX, yet the house and land are worth over XXXX. They started charging me over XXXX for insurance I didn't need or want and added it to the loan despite already having insurance that was not required since the inception of the loan.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 346XX
Submitted Via: Web
Date Sent: 2023-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Filed a complaint with CFPB on XX/XX/XXXX online while talking with a CFPB representative asking questions on regulations in place for Servicing Companies. Received a call on XX/XX/XXXX at XXXX from SPS Servicing in regards to my complaint. XXXX XXXX felt like she tried not to spell her name for me correctly ) asked for consent to record stated to her yes. She automatically starts talking fast in regard to the Notice Of Default, told her I cured that default yesterday after filing complaint by post dating checks ( NEVER have I has an XXXX on one payment with them. XXXX stated post dated checks do not count! Told her yes that shows my intentions and Notice of default states at the top of page states CURE DATE : XX/XX/XXXX. Asked XXXX do you see the checks posted she stated yes but she continued to threaten me with foreclosure and sending legal papers over. I hung up on her and told reporting again that is not the information given by your representatives and you are still violating CFPB regulations to protect me from losing my home and payments with false and misleading information from you. My daughter in law works for XXXX XXXX and knows all regulations and I call the CFPB and ask for accurate information since your company can not do it. Basically, I am servicing my own loan with knowledge because I have lived and owned this house for 30 years. When I called to postdate checks ( There system only holds three checks at a time ) I post dated checks on XX/XX/XXXX after filing complaint. I ALREADY had one in the system for XX/XX/XXXX ( Which takes care of XXXX payment XXXX ), Set next one up for XX/XX/XXXX ( Which takes care of XXXX payment XXXX ) and one for XX/XX/XXXX ( takes care of XXXX Payment ) Based on my note late fees can be paid at end of term XXXX and by FDCRA ( Fair Debt Credit Reporting Act ) I am CURRENT. I am only one payment behind due to Hurricane IAN. After hanging up with XXXX I called SPS Servicing and the automated system stated all checks that I have posted also called. First representative XXXX ( XX/XX/XXXX at XXXX XXXX ) asked for consent to record I agreed she started with the Notice of Default and threatened me with foreclosure and sending papers to legal. XXXX would not let me speak stated that by law she had to tell me about my Notice of Default and foreclosure. I hung up. I called back ( XX/XX/XXXX at XXXX ) spoke with XXXX she started on Notice Of Default but for the first time this representative stated possible foreclosure. I told XXXX I want to verify my postdated checks and amounts so we did. Then I asked her ONE question. These checks posted will bring me out of default and I will be current she stated correct. I have told this company numerous times I am in a hardship from Hurricane Ian as my 30,000 gallon pool popped out ground and messed up two of my rooms inside my house as well. I have someone taking care of that through my property insurance. They do not care. They threaten people with foreclosure on ONE payment, ask for late fees and most of them are not knowledgeable in mortgage and CFPB regulations set in place to protect me from there mischief behavior. I have a friend that has same servicer, and she has such a problem with them too.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33610
Submitted Via: Web
Date Sent: 2023-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage loan was transferred to Select Portfolio Servicing from XXXX Mortgage on XX/XX/XXXX. I was approved for XXXX via Mortgage Assistance Alabama on XX/XX/XXXX. XXXX XXXX XXXX ( XXXX ) has paid XXXX Mortgage : {$4900.00} Processed on XXXX ; {$1000.00} Processed on XXXX ; {$1000.00} Processed on XXXX ; {$1000.00} Processed on XXXX On XX/XX/XXXX an individual was sent to my home on behalf of SPS to tape a letter to my front door and take photos of the property. We have security cameras and the man that was sent on behalf of SPS to tape the letter to my door, walked up to our front doors more than once. At that time I had not received an official letter with my new loan number from SPS. I called the number on the letter that day and the man from SPS was asking about XX/XX/XXXX payments I was confused about how or why SPS is inquiring about XX/XX/XXXX payments, when the official loan transfer happened in XX/XX/XXXX and why it started out with trespassing with a letter being taped to my door and communication should be done through the mail. I have a family, one of my children is XXXX and has high anxiety, and it is startling and feels like privacy is being intruded upon when anyone, especially an unknown person is walking up to your front door multiple times, taping a letter to the door, hanging out in front of the house in his vehicle, and then in front of the neighbors home, and taking multiple pictures. I told the SPS agent that day on XX/XX/XXXX that I am aware of mortgage laws regarding mortgage transfers and that I have an XXXX ' amount of days regarding payments, late fees, penalties, etc and it felt aggressive and unnecessary to send someone to our front door in such a manner and especially at that time I haven't received the new official loan number or any other relevant documents. I told the SPS agent that I should not be in arrears regarding my mortgage loan that I have been approved for XXXX through Mortgage Assistance Alabama and that payments were made to XXXX in XX/XX/XXXX. The SPS agent stated that they have had the loan since XX/XX/XXXX and it may take a few days to receive updated documents. Starting on XX/XX/XXXX up until XX/XX/XXXX I received almost a dozen letters from Select Portfolio Servicing ; I forwarded all the information to Mortgage Assistance Alabama. XXXX I sent an email to SPS Relationship Manager, XXXX XXXX relating the information above and included this information as well : I signed a third-party authorization form with XXXX XXXX XXXX for Mortgage XXXX Name : Select Portfolio, INC. Account number XXXX XXXX XXXX Counseling Agency : XXXX XXXX XXXX, Agency Contact Name and Phone Number : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, State XXXX Contact Name and Phone Number : XXXX XXXX XXXX According to the third-party authorization form that I have signed, the HUD-approved housing XXXX, XXXX representative or other authorized third-party will work directly with my lender/mortgage servicer ( Select Portfolio Servicing, INC ). I requested for SPS to give Mortgage Assistance Alabama a call at XXXX to get this sorted out, the documents needed, and streamlined as quickly as possible. I would greatly appreciate it as would my family- I received no response regarding that letter to SPS XXXX XX/XX/XXXX I contacted SPS via phone and spoke with XXXX. I needed assistance logging into my SPS account for the first time. XXXX asked if I wanted the information on my state 's mortgage assistance program- I declined and reminded SPS that I have already applied and been approved for XXXX via XXXX XXXX XXXX when my loan was serviced through XXXX Mortgage. XXXX with SPS stated that payments take time to process. My account is being reviewed for a trial modification, I stated that I did not request a trial modification and that I would not request a trial modification when my payments are current due to XXXX via XXXX XXXX XXXX XXXXXXXX stated that SPS did not make the trial modification it was done by XXXX Mortgage and XXXX Mortgage is the one who forwarded SPS the trial modification information when the mortgage was transferred to them- I told XXXX with SPS I did not request a trial modification at all through XXXX Mortgage at any point. I explained to XXXX, SPS, that I spoke with a representative at Mortgage Assistance Alabama ( XXXX ) today ( XX/XX/XXXX ) and XXXX confirmed that XXXX Mortgage received two payments from Mortgage Assistance Alabama in XX/XX/XXXX in the amount of {$4900.00} and in XX/XX/XXXX in the amount of {$1000.00}. Before SPS became my mortgage servicer, XXXX mortgage confirmed with me via telephone and email that they have received documents & approval for XXXX payments via Mortgage Assitance Alabama. I requested the number to contact XXXX Mortgage from XXXX with SPS ; XXXX stated she didn't have one on file to give me. XX/XX/XXXX I contacted SPS again, I spoke with agent XXXX, XXXX XXXX. After logging into my SPS online account for the first time I noticed property tax information has errors and incorrect information. XXXX XXXX XXXX was listed and two semiannual payments in the amount of {$990.00} were due XX/XX/XXXX and XX/XX/XXXX ; I told XXXX SPS XXXX that I live in XXXX XXXX XXXX and property taxes are paid once yearly in the amount of one payment of {$990.00} usually paid around the end of the year XXXX. XXXX SPS requested I send my XXXX XXXX Property tax statement and information, which I did and it still has not been corrected to date. XXXX SPS stated that a trial modification is showing on my account, I voiced concerns with that as I did not request nor agree to a trial modification at any time with XXXX Mortgage, and I wasn't aware of any trial modifications until the SPS agent, XXXX informed me earlier. XXXX SPS stated that SPS is looking into payments on XX/XX/XXXX, let SPS investigate and handle payment issues, that XXXX Mortgage is correct that XXXX Mortgage can't do anything, that I have XXXX cushion when accounts are transferred, Escorw is {$240.00} for XX/XX/XXXX times 5 is an estimate of {$1200.00} when payments are corrected that will offset the negative payments this year for XXXX XXXX and XXXX statements, and SPS will send in new request to me regarding payment amounts. I contacted Mortgage Assistance Alabama as I haven't heard any updates from SPS or XXXX Mortgage. XX/XX/XXXX I emailed SPS XXXX XXXX, XXXX. I forward XXXX the email I sent to my former SPS Relationship XXXX, XXXX XXXX on XX/XX/XXXX stating I haven't received any responses to my inquiries. Requesting XXXX to review all emails and information, that on that day XX/XX/XXXX SPS sent another individual to take photos of my home and handed my spouse a door hanger and he was also taking photos of her as well- my spouse requested he not do that and delete pictures he took of her. This is intrusive and private property, whoever SPS contracts for this type of work needs to be properly educated on these matters. This is twice this has happened and Ive already requested that any relevant documents regarding my home should be sent to my mailing addresses, not via unprofessional intrusive individuals taping or handing letters/door hanger notices. The home is occupied, the loan should be current, and multiple payments and funds should have been forwarded to SPS from our former mortgage servicer, XXXX mortgage, who received funds from XXXX ( Mortgage Assistance Alabama ) on my behalf. The property tax information and payments due are still incorrect and attached my XXXX XXXX XXXX tax billing information. XX/XX/XXXX emailed XXXX, SPS Relationship Manager, stating that I have received a message from Mortgage Assitance Alabama stating they're reaching out to Select Portfolio Servicing and requesting validation of the account has been submitted. That if SPS can validate my account with Mortgage Assistance Alabama as soon as possible our issues regarding my account and payment can be resolved more quickly. I received an online document dated XX/XX/XXXX titled 'Payment Research Notification ' stating, " In response to your request, we will conduct a thorough review of your mortgage payment history. This review may take up to sixty ( 60 ) days and may require that SPS obtain information from your prior mortgage servicers. '' XXXX SPS representative sent the same man from XX/XX/XXXX ( 14 business days ago, not counting holidays and weekends ) to take pictures of my property and home, handed me the same identical flyer to contact Select Portfolio Servicing, and stated my home is on the foreclosure list. I have received nothing from Select Portfolio Servicing stating my home is officially in foreclosure. I did not receive a monthly statement until XX/XX/XXXX for the month of XXXX. To date, not one single one of my account issues and errors have been resolved or corrected by SPS or XXXX Mortgage. SPS is stating that my mortgage account is in arrears in the amount of {$7200.00}, SPS is sending trial modification letters, incessantly sending a representative on their behalf to take an excessive amount of pictures of my home while trying to sneak and take unnecessary pictures of me and my family members while walking out to inquire on his business and politely accepting the door hanger flyer he is instructed to hang on our door handle, and stated on XX/XX/XXXX that our home is now on the foreclosure list. My SPS online account is giving errors and I am unable to download and attach the rest of the letters from SPS to my CFPB complaint. I will file a separate complaint against XXXX Mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AL
Zip: 351XX
Submitted Via: Web
Date Sent: 2023-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I notified SPS Inc. XXXX XXXX that I want verification of the debt they state I owe by providing the following : - ( actual accounting of mortgage loan debt ) from date of origination of loan to current date -verification of the claim against me ( an invoice signed by the mortgage bank ) -a copy of the original contract binding both parties ( XXXX XXXX XXXX and mortgage bank lender ) -signed contract stating I agreed to pay what they state I owe - how this amount has been calculated in a way that I can understand -full disclosure statement that was provided when loan was originated which outlines -equal consideration and lawful terms and conditions SPS provided the name of XXXX XXXX XXXX XXXX XXXX XXXX as the owner of mortgage. SPS, Inc has not provided all of the information I requested regarding this debt. This company continues to report this information on my credit report without providing its validity after I informed them in writing that I dispute this debt. They are in violation of Fair Debt Collection Practices Act 15 USC 1692 ( a-p ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33311
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: XXXX. Now comes, XXXX XXXX XXXX, a living man with sole recorded interest in the property located at XXXXXXXX XXXX XXXX XXXX, XXXX, NY XXXX, so named as Plaintiff in this action against XXXX XXXX XXXX XXXX, XXXX ( XXXX ), so named as Defendant supposedly acting on behalf of the Deutsche Bank XXXX XXXX XXXX On behalf of the holders of the XXXX XXXX Mortgage Acquisition Trust XXXX Asset backed Pass-Through Certificates, Series XXXX, hereinafter ( " TRUST '' ) did file a Summons and Complaint for Foreclosure on XXXX XXXX, XXXX at XXXX XXXX, in Supreme Court of New York State, XXXX XXXX against Plaintiff . This filing was fraught with legal misrepresentations, fabricated documents, and fictious falsehoods designed to steal the above property through fraud. Plaintiff has first-hand knowledge of the facts that are presented before this court, and fully aware of all fabricated and FALSE documents recorded in Public Record and entered into this court in case # XXXX. Defendant has cause substantial damages to the plaintiff in his effort. I, XXXX XXXX XXXX, affirms under penalty of perjury under the laws of the State of New York, that the foregoing is true and correct. I am of sound mind and body and have full and personal knowledge of the issues being presented. Plaintiff, by and through his attorney, Seeks a determination of the extent of a lien and discharge ability of debt allegedly held by Deutches Bank XXXX XXXX XXXX ( hereinafter DB or defendant ), purportedly trustee for XXXX XXXX MORTGAGE ACQUIZITION TRUST XXXX XXXX BACKED PASS-THROUGH CERTIFICATES, SERIES XXXX ( hereinafter XXXX ) DB, plaintiffs in the NYS Supreme Court of XXXX XXXX INDEX Number case XXXX XXXX XXXX were never, and are not, a party to the original contract from the beginning. The original Mortgage Contract ( # XXXX ) and Note ( # XXXX ), is between XXXX XXXX XXXX ( who closed down for business XX/XX/XXXX and XXXX XXXX XXXX signed XX/XX/XXXX, recorded with the XXXX XXXX XXXX in XXXX XXXX, NY, on XX/XX/XXXX. See Original Note attached hereto. EXHIBIT A and Original Mortgage EXHIBIT XXXX ), See XXXX XXXX attached hereto. EXHIBIT B ) Plaintiff has suffered extensive injury throughout the entire process due to malicious, intrinsic fraud, resulting in plaintiff incurring legal fees in excess of {$240000.00} USD over 14 years of litigation, as well as having been defrauded of over {$190000.00} USD in illegal payments, plus interest, while Defendants sued on behalf of a fictitious plaintiff, the TRUST The alleged creditor DB herein never had, and does not have, standing to sue on the original Mortgage and Note ( # XXXX ) as it is unlawfully attempting to do as it never has, and does not now, control these documents and fraudulently has stated that it does in the New York State Supreme Court action in the County of XXXX. XXXX XXXX XXXX ( hereinafter Plaintiff or XXXX XXXX XXXX executed a Mortgage Contract ( Recorded Instrument # XXXX ) and an Original Mortgage Note ( # XXXX ) with XXXX XXXX XXXX, on XX/XX/XXXX. The executed documents were recorded with the XXXX XXXX XXXX in XXXX XXXX, New York. The alleged creditor DB herein is suing for an alleged Note ( # XXXX ), which is not a note but an unsecured security instrument with a XXXX # XXXX, governed by the rules and regulations of the U.S. Securities and Exchange commission, and not the law of promissory notes. See XXXX brief of Professor XXXX XXXX XXXX CPA, MBA. DBA dated XX/XX/XXXX attached hereto There is no registration, no claim, no evidence, explanation of or indication of XXXX XXXX XXXX. ever assigning the mortgage and note to XXXX XXXX or DB to XXXX XXXX XXXX XXXX herein after XXXX. The Alleged creditor states The Note and Mortgage were transferred to Deutsche Bank XXXX XXXX XXXX, as Trustee, on behalf of the holders of the XXXX XXXX Mortgage Acquisition Trust XXXX XXXX Backed Pass-Through Certificates, Series XXXX as evidenced by an assignment of Mortgage dated XX/XX/XXXX and recorded on XX/XX/XXXX. See : DBs REPLY TO DEBTOR 'S OPPOSITION TO MOTION FOR RELIEF FROM THE AUTOMATIC STAY dated XX/XX/XXXX, at paragraph XXXX. However, the fact is that there never a transfer of neither the Mortgage nor the Note from XXXX XXXX XXXX to DB nor was there any such transfer recorded at the county clerk of XXXX XXXX. Thus, as a result of these statements being fraudulent, DB has no standing and never did. Further, any purported rights of DB to foreclose on the mortgage herein were foregone through the settlement agreements of the trust at issue. For instance, the alleged creditor herein was compensated in the amount of XXXX XXXX, XXXX XXXX XXXX and XXXX dollars ( the Gross Settlement Amount ). Dated XX/XX/XXXX. See : XXXX XXXX SETTLEMENT AGREEMENT EXHIBIT XXXX, Page XXXX attached hereto were settled. The XXXX settlement agreement states on page XXXX as follows : Recital : WHEREAS, certain XXXX entities were the Seller, Sponsor, Depositor and/or Servicer for the residential mortgage-backed securitizations identified on the attached EXHIBIT XXXX ( the Trusts ) and WHEREAS, pursuant to the governing agreements certain XXXX entities have contributed or sold loans originated by various entities into the Trusts ( the Mortgage Loans ) and WHEREAS, the Institutional Investors have further alleged that the servicing of Mortgage Loans held by the Trusts did not meet the required standard imposed by the Governing Agreements and WHEREAS, on XX/XX/XXXX, the Institutional Investors issued instructions to certain of the Trustees to open an investigation into potential breaches of certain representations and warranties and potential servicing breaches in certain of the Trusts. Attached hereto, made a part hereof, and marked as EXHIBIT C-1 is a copy of this Agreement. Thus, it should be clear to this Court that DB is fraudulently attempting to recover from the debtor herein on an instrument that it has already recovered on. Further, as a result of these settlements, it should also be clear to this Court that alleged creditor has no standing herein. This is only one of several such settlements brokered by the SEC. Thus, as the alleged creditor is well aware as are the attorneys representing DB, the alleged Note ( # XXXX ), it is claiming it has a right to recover on has not been controlled by it since the securitization by XXXX and sale to XXXX XXXX on the date of XX/XX/XXXX. Page XXXX of EXHIBIT C demonstrates DB was part of the settlement, Page 58 of EXHIBIT C demonstrates the DB was paid 40 % on this settlement. Page 43 of EXHIBIT C demonstrates the trusts in question. Another example of a second Settlement filed with the XXXX COUNTY CLERK on XX/XX/XXXX at XXXX XXXX with index # XXXX listed on Page XXXX of XXXX XXXX XXXX AGREEMENT EXHIBIT XXXX attached hereto. Page 52 demonstrates the acceptance of the settlement by DB Director XXXX XXXX, and Vice President XXXX XXXX on XX/XX/XXXX. Page XXXX demonstrates the TRUST in question. XXXX XXXX Demonstrates a payout of over 85 % to DB. Further, the actual Mortgage contract was never transferred at all, let alone for consideration and neither was the original Note as alleged by the creditor. Thus, the alleged creditor is attempting to double, even triple dip on an alleged Note that it never had the legal right to recover on at all. This presents a significant legal issue/claim, as the stated purported Note holder of the Original Wet Ink mortgage documents is named to be XXXX XXXX XXXXXXXX XXXX XXXX which is not possible. Furthermore, there are XXXX other entities claiming to be in possession of or the owner of the alleged Note ( # XXXX ) See XXXX brief of Professor XXXX XXXX XXXX CPA, MBA. DBA dated XX/XX/XXXX attached hereto. The XXXX XXXX of Professor XXXX XXXX CPA, filed contemporaneously with this Complaint, states the following issues concerning the alleged creditors standing in this Court : XXXX. XXXX XXXX Mortgage Acquisition Trust XXXX no longer exists and filed its last XXXX with the Securities and Exchange Commission in XXXX XXXX and XXXX. XXXX XXXX Mortgage Acquisition Trust XXXX was involved in litigation with the Securities and Exchange Commission and XXXX XXXX XXXX which litigation was settled and included the transfer of all assets in the Trust being transferred to XXXX XXXX and Deutsche Bank XXXX XXXX XXXX bank ) was named Trustee, not Deutches Bank XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX sued both Deutsche Bank XXXX and XXXX XXXX XXXX as well as 100+ other banks, over the Trust and other Trusts as the assets were non-existent ; and XXXX. The Note ( # XXXX ) was with XXXX XXXX and was not transferred Professor XXXX is a Certified Public Accountant with over 43 years of professional accounting experience in the private, public, and governmental sectors. His areas of expertise include auditing, forensic accounting, taxation, accounting, and financial ethics, all of which he currently teaches as an adjunct professor at a private university in California. JURESDICTION XXXX. This is an adversary proceeding in which the Plaintiff ( XXXX ) is/are Seeking discharge of debt allegedly held by DB 2. This Court has jurisdiction pursuant to 28 U.S.C. 157 and 1334. XXXX. This is a core proceeding pursuant to 28 U.S.C. 157 ( c ) ( h ) ( i ) ( k ) 4. Plaintiff has standing to bring this action pursuant to Local Rules 4004-1 5. Venue is proper pursuant to 28 U.S.C. 1409 ( a ) and Local Rule 1073-1 of the United States Bankruptcy Court for the XXXX XXXX XXXX New York XXXX XXXX. The adversary relates to In re XXXX XXXX XXXX, a XXXX XXXX case pending before the United States Bankruptcy Court for the XXXX XXXX of New York, XXXX XXXX, with case number XXXX XXXX. Defendant DB is not a registered corporation in New York and such an entity has never filed with the New York State Department of State, therefore never was permitted access to the NYS courts, by law.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 138XX
Submitted Via: Web
Date Sent: 2023-05-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My family is in the beginning stages of foreclosure because we experienced financial hardship during XXXX and our mortgage company Select Portfolio Servicing has not offered any realistic type of help or forbearance or modification so that we can resolve the missed payments. We BUILT this house in XXXX and obtained financing through XXXX XXXX XXXX backed by XXXX XXXX in XXXX. We always paid as agreed until we started a new garbage business and due to bad economy and cancelled contracts were forced to apply for loan modification in XXXX. We are grateful that we received help at that time and continued to pay as agreed until we had multiple issues due to XXXX and instead of helping us through the government CARES program or offering any type of assistance SPS closed the door and put us into foreclosure. If we had not been impacted by the pandemic this would not have happened and we should be offered affordable options to resolve our loan delinquency. Due to failing business we applied for HAMP modification through Seterus who handled our loan at the time and after long review were offered a step modification with rate now at 3.5 % and they deferred the missed payments. We were fine until XXXX impacted our family in XXXX. My husband XXXX XXXX and had to miss almost XXXX months of work. I am XXXX XXXX XXXX and when I contracted XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX which required thousands of dollars in out of pocket expenses. We kept up with mortgage but were draining all savings. We contacted SPS to see if they would offer any type of XXXX help through CARES program or forbearance but we were told no options existed to help. ( this was a XXXX XXXX XXXXoan and the guidelines for the program state that the servicer is REQUIRED by government mandate to offer us the CARES program which would allow us to skip 6-12 mortgage payments ). In that same period my husband hurt his back and once again had to miss work and now we were unable to make our mortgage payments and reached out to SPS for help. XXXX works as a lineman for an electric company and with my XXXX benefit we have sufficient income to afford a reasonable payment, we just needed help with the missed payments due to our XXXX related issues. We were told to apply for a loan modification and I filled out the paperwork and sent it in, only to be told that we were denied because we had received a modification 6 years previous and that the investor does not offer more than one modification. I do not believe this is true, if XXXX XXXX still backs this loan there should be other options. If the investor has changed we would like SPS to provide documentation relating to the transfer of the mortgage loan from XXXX XXXX to the new investor as well as a copy of the loan modification guidelines for the investor a copy of the pooling and servicing agreement. SPS was required to offer us assistance options due to XXXX and we don't believe any existing investor guidelines apply when my state declares my county a disaster. We then received an offer for a repayment plan with 12 monthly payments of {$2600.00} which would get our account caught back up. sps did not review our income for this plan. The paperwork was received in early XXXX and the first payment of {$2600.00} was due on XX/XX/XXXX and we were still recovering from financial/health issues and unable to make the payment until XX/XX/XXXX but the payment was sent back by SPS. Our bank tried to resubmit the payment on XX/XX/XXXX but again it was rejected. When I called in to get information on what had happened they said that we had been kicked out of the repayment plan program because we missed the payment due date and there was no grace period. In XXXX SPS drafted our normal mortgage payment of {$1900.00} on XX/XX/XXXX, but when we tried to pay in XXXX they refused to accept and said they were starting the foreclosure process.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 301XX
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Every since Select Portfolio Servicing became my mortgage Server in XXXX, It has been nothing but harassment. In the past, I have had issues with Select Portfolio Servicing, Not sending me, my end of the year statement. Select Portfolio Servicing deliberately mail out mortgage statements late. So they can charge fees. Today is XX/XX/XXXX and I have not received my mortgage statement. This is their method of operation. I have never paid my payment late. But Select Portfolio Servicing will withhold my payments to claim they were late. In the past I called and received racial slurs from customers service. This is a violation of my civil rights, it is harassment. Select Portfolio Servicing is committing criminal acts. I have a Paper trail of Deceit from Select Portfolio Servicing. They sent fraudulent documents in the mail, in which my name and initials had been copied and pasted to illegal, fraudulent documents, Even my name had been forged.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 31907
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I received notice that due to an escrow shortage, my monthly payment is increasing by over {$700.00} which is over 27 % starting in XXXX. I called to request this shortage pay back be spread over more months to help offset the cost. SPS Mortage refused to work with me even though this escrow shortage was not my fault nor did I have control over it. In XXXX the monthly payment is set to increase by {$880.00} dollars per month. SPS Mortage is being punitive to customers that are in financial distress and is unwilling to work with homeowners to allow them to keep their houses.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33603
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A