Date Received: 2023-02-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am writing to complain of the unethical and deceptive practices in which my mortgage servicer, Select Portfolio Servicing , Inc., has engaged regarding the mortgage upon my one and only home. I recently filed a complaint with you on some of the topics covered in this message. Due to feeling all the pressure from the conflicting deadlines with which my servicer, Select Portfolio Servicing alias SPS, has hit me with in its letters, I hurriedly attempted to get something in to your office before it was too late. Kindly consider this more detailed letter, with its supporting evidence attached, to be my actual complaint. I am asking for your assistance because SPS has given me Notice of Default and impending foreclosure, and has ruled that I am not eligible for a loan modification due to my accounts delinquency, because I took the Covid-19 Forbearance program. They offered it to me, and they never said anything about default, foreclosure, or balloon payments! I took the Forbearance, and now I am in default, facing foreclosure, ruled ineligible for a loan modification, and labeled as delinquent based upon the payments I did not send in while I was in Forbearance. Select Portfolio Servicing is demanding a lump sum or balloon payment as part of the only other option they have given - - again, all to account for the payments I was excused from during my Forbearance. How is this possible? The way SPS is conducting the Forbearance is a trap, rather than a benefit to homeowners as it was intended. In either the last week of XXXX or the first week of XXXX, XXXX, an SPS representative called me, or I may have called them in response to their written invitation to call in to explore my options. Either way, by telephone at that time, the SPS rep, in a warm and hospitable tone of voice, extended to me an offer that, in retrospect, was too good to be true. She explained that I may want to take advantage of this opportunity during the limited time this program is going to be available. I could take a break from my mortgage payments, with no penalties. Why wouldnt I accept considering I work hard almost every day and I watch my expenditures carefully every day just to be able to pay my payments due on the first of each month? I am from XXXX, and English is not my first language. ( I asked an American friend to help me in writing this. ) The Biden administrations website for the forbearance program says that forbearance is designed specifically to extend mortgage relief to Americans, particularly those of XXXX and who are members of traditionally disadvantaged minorities. Thats me! I am also a first generation American, I am a hard worker, and I believe in the American Dream of home ownership. What SPS is doing and what the White House requires appear to be very different things. Here is a portion of the White House Press Release dated XX/XX/XXXX concerning Forbearance, explaining that the programs purpose is to :. " Provide immediate relief to homeowners across XXXX. XXXX actions directly benefit the XXXX XXXX homeowners currently in COVID forbearance and extend the availability of forbearance options for nearly XXXX XXXX government-backed mortgages nationwide. Communities large and small need this assistance. That is why the Department of Housing and Urban Development, Department of Veterans Affairs, and Department of Agriculture worked in concert to deliver across-the-board relief for urban, suburban, rural, and military homeowners, including seniors with reverse mortgages Extending forbearance policies will provide critical support to homeowners of XXXX, who make up a disproportionate share of borrowers with delinquent loans and loans in forbearance due to COVID-related hardship. On the first day of his Administration, President Biden committed to advancing XXXX equity across all government programs and policies. Today, agencies are stepping up with housing relief that will strengthen communities of XXXX and build the foundation for an equitable recovery. '' XXXX XXXX XXXXXXXX SPS told me in a phone call on XX/XX/XXXX that the Forbearance was ending so now I needed to choose among my options, one of which was a loan modification. I would definitely be eligible for that so long as I sent in three months bank statements and filled out an application that they ( SPS ) would send me in the mail. That sounded good to me, so I said I would do it, just to send me the application. Because their website was giving me problems, they sent the application by traditional U.S. Mail, while their other correspondence is all transmitted to me instantaneously over the web on the SPS app or website. I did not receive the application until XX/XX/XXXX, at which time I promptly completed it and mailed it back to SPS with the required bank statements. They say they did not receive my application and bank statements until XX/XX/XXXX, but by then they had already sent me a getmail on XX/XX/XXXX, a copy of which is attached and uploaded with this complaint. It is titled NOTICE OF DEFAULT - RIGHT TO CURE. The XX/XX/XXXX XXXX Notice declares me in default on my payments and says that if I want to avoid foreclosure, I must pay a lump-sum of {$67000.00} by XX/XX/XXXX. I thought I was getting a loan modification! The reason SPS did not receive my application and bank statements prior to XX/XX/XXXX, the date they gave me the Notice of Default, are : ( 1 ) SPS sent me the application by snail mail and ( XXXX ) holiday delays with the postal service. I acted promptly upon receiving the application, and they told me I was eligible so long as I sent it in. I should not be penalized because they say they did not receive my application until XX/XX/XXXX. I have also attached and uploaded SPS getmail from XX/XX/XXXX. This XXXX letter gives me only XXXX options to cure my default. Either I can be foreclosed upon or I can agree to a repayment plan which greatly increases my monthly payment to {$5500.00} for the next XXXX months, and then in the twelfth month I am required to pay a lump sum of {$40000.00}. Your website clearly states that lump-sum payments are not permitted by law when a homeowner has been in forbearance. The reason I say the letters conflict is because in the XX/XX/XXXX letter SPS says that I have until XX/XX/XXXX to decide if I want to accept their impossible payment plan, yet their XX/XX/XXXX letter says that if I dont pay {$67000.00} by XX/XX/XXXX then I have officially defaulted and will be foreclosed upon. There is a pattern of conduct here which should trouble your agency greatly. SPS has twisted the forbearance program so that instead of protecting me from foreclosure it places me IN foreclosure. It has only been XXXX years since I went into the forbearance program, and since the White House issued the press release quoted above. While I am neither an attorney nor a politician, even I can see clearly that the forbearance plan is not supposed to cause homeowners to default on their mortgages only XXXX years later. To summarize, I believe that Select Portfolio Servicing is in violation of the law when it ( XXXX ) demands a lump sum of {$67000.00} to make up for payments covered by the forbearance ; ( XXXX ) demands a lump sum of {$40000.00} at the end of the XXXX repayment plan ; and ( XXXX ) gives me notice of default declaring that foreclosure will be initiated if I do not pay {$67000.00} by XX/XX/XXXX even though I have until XX/XX/XXXX to accept the repayment plan. I simply want to be able to resume paying a reasonable and sustainable monthly payment so that I do not lose my XXXX XXXX. Please, sir or madam, enforce the Presidents words and make Select Portfolio Servicing follow the law of this great country. I am trusting you to do so. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33181
Submitted Via: Web
Date Sent: 2023-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This is a follow-up to prior complaints. I have a mortgage with Select Portfolio Servicing. I became delinquent on my mortgage account and successfully completed a 12 month repayment plan, of nearly {$2800.00} per month, in XX/XX/2022. Please keep in mind that this repayment plan amount is double my normal monthly payment. When I entered into the repayment plan, I was advised that I could file a loan modification at any point during the repayment plan period. When I was approaching the expiration of the repayment plan, I applied for a loan modification. I was denied a loan modification by SPS, stating that I must wait until the completion of the repayment plan. Following the successful completion of my repayment plan, I submitted another loan modification application. I was denied. I issued a similar complaint with your office and was offered another repayment plan of the same amount, nearly {$2800.00} per month. I contacted the Obudsman Department at SPS, and spoke with XXXX. XXXX stated that he would request a lower repayment plan by extending the term. I contacted SPS for over 3 weeks, as I did not receive a response from XXXX, and could not reach anyone. I continued to leave voicemails and send emails. I finally spoke to someone on today 's date who stated that my reduced payment request was denied. The payment under the repayment plan is excessive and does not solve any problem with the mortgage as it ends with a balloon payment, which can not be fulfilled, as to why I was directed to file the loan modification with the original repayment plan, which also ended with a balloon payment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 08003
Submitted Via: Web
Date Sent: 2023-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX I received a letter from my mortgage company, Select Portfolio Servicing stating they're adding PMI to my loan that I've had since XXXX XXXX. I've never had to pay PMI. First they add flood insurance to my loan despite a FEMA certificate showing I'm not in a flood plane and it took me more than a year of fight with Select Portfolio Servicing to remove it. Now they're adding PMI to my mortgage and my home has doubled in value. Select Portfolio Servicing based in XXXX XXXX XXXX, Utah, ( XXXX XXXX, UT ) XXXX ) are criminals in the mortgage business and will continue to add insurance or any fee they can from their partner companies to steal from consumers. They're refusing to remove the PMI which is causing a financial burden and is against the law.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ID
Zip: 837XX
Submitted Via: Web
Date Sent: 2023-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing, XXXX XXXX XXXX, UT ( XXXX XXXX XXXX, UT, XXXX ) refuses to refund the XXXXXXXX XXXX I paid from XXXX XXXX to XXXX XXXX of {$2600.00}. FEMA sent XXXX certificates to Select Portfolio Servicing showing my property isn't in a flood plane and said, " You're due a full 1 year refund. '' I contacted Select Portfolio Servicing by phone several times in XXXX XXXX and XXXX XXXX, and was told I was due a refund by customer service representatives. The law states if a homeowner proves with a FEMA certificate that they aren't in a flood plane, then the lender who fraudulently charged the homeowner XXXX XXXX, is required to refund 1 year of XXXX XXXX paid. Today, XX/XX/XXXX I still haven't received my refund and the last contact with Select Portfolio Servicing, XX/XX/XXXX, they stated, " you aren't due a refund for the Flood Insurance you paid. '' Select Portfolio Servicing Inc. is stealing from homeowners and they keep getting away with it! Why are homeowners unprotected from lender fraud?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ID
Zip: 837XX
Submitted Via: Web
Date Sent: 2023-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Spoke to XXXX # XXXX stated the application request for forbearance was being reviewed for a modification. I advised her I wanted a covid-19 forbearance and I emailed the required application. Submitted request for covid-19 forbearance to customer service and 2 times to loss mitigation dept XX/XX/2023 and XX/XX/2023. Spoke with customer service and they still had not process my request. I have been affected by covid-19 and my income has been reduced because of the pandemic and my employer cutting my work hours.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38017
Submitted Via: Web
Date Sent: 2023-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have a mortgage with XXXX XXXX XXXX located at : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, CA XXXX. ( XXXX ) XXXX My mortgage/loan number is : XXXX My loan processor for my mortgage is : Select Portfolio Servicing , INC , located at Select Portfolio Servicing , Inc . XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX ( XXXX ) XXXX XXXX. I have had my mortgage for 1 year. My mortgage is {$11000.00} and I have paid my XX/XX/XXXX mortgage on XXXXXXXX/XXXX via wire in the amount of {$11000.00}. 2. The wire was sent from my XXXX checking account ending in XXXX. 3. The XX/XX/XXXX mortgage payment was made via wire from the same XXXXXXXX XXXXXXXX 4. The XX/XX/XXXX mortgage payment was made via wire from the same XXXX XXXX 5. All of my mortgage payments have been in an amount greater than the amount due. 6. On XX/XX/XXXX I received an email from XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX notifying me that XXXX XXXX XXXXl had not received my XX/XX/XXXX mortgage payment. 7. On XX/XX/XXXX I called XXXX XXXX XXXXl and spoke with XXXX XXXX, Mortgage Operations Assistant at XXXX XXXXXXXX XXXX to inform XXXX XXXX XXXX that I had already paid the XX/XX/XXXX mortgage payment to Select Portfolio Servicing on XX/XX/XXXX via wire in the amount of {$11000.00}. While on the phone with XXXX XXXX, I called Select Portfolio Servicing and they confirmed receipt of the wire on XX/XX/XXXX in the amount of {$11000.00} and assured us that they would apply the payment as they were running behind. 8. On the XX/XX/XXXX I emailed XXXX XXXX, Account Executive at XXXX XXXX XXXX, XXXX XXXX, Chief Operations Officer and XXXX XXXX, Mortgage Operations Officer at XXXX XXXX XXXX a copy of the wire payment receipt in the amount of {$11000.00} to Select Portfolio Servicing from my XXXX XXXX account ending in XXXX. ( See copy enclosed copy of wire confirmation receipt, below ) 9. As of today, XX/XX/XXXX Select Portfolio Servicing has not applied my XX/XX/XXXX mortgage payment. 10. At XXXX XX/XX/XXXX I called and spoke with XXXX XXXX XXXX XXXX '', Supervisor at Select Portfolio Servicing at extension XXXX on a recorded line to inquire about the status of my XX/XX/XXXX mortgage payment. 11. XXXX XXXX informed me that she was emailing the cashier department to escalate the application of the XX/XX/XXXX mortgage payment tonight and that the payment would be applied tomorrow morning XX/XX/XXXX. 12. Please see the dates of the correspondence regarding this timely XX/XX/XXXX mortgage payment : a. On XX/XX/XXXX payment made b. On XX/XX/XXXX correspondence received by XXXX XXXX XXXX regarding the missing XXXX mortgage payment. c. On XX/XX/XXXX correspondence responding to XXXX XXXX XXXX with email of wire confirmation payment receipt. d. On XX/XX/XXXX phone call with XXXX XXXX XXXX and Select Portfolio Servicing to inquire about the XXXX payment not yet applied to my mortgage account. d. On XX/XX/XXXX phone call to Select Portfolio Servicing and this email correspondence regarding the same XXXX mortgage payment still not applied to my mortgage account 13 days after it was paid via wire from my XXXX checking account to the Select Portfolio Servicing Chase checking account. 13. As my lender I am asking for your assistance to resolve this issue of my XX/XX/XXXX mortgage payment not being applied by Select Portfolio Servicing. 14. According to the Federal Trade Commission ( FTC ) the servicing company ( Select Portfolio Servicing ) is required to : a. Apply payments on the day they are received so to avoid fees, b. Review and keep records regarding my mortgage, c. Pay taxes and insurance from the mortgage payment, d. Track down late payments. 15. Under the Real Estate Settlement Procedure Act ( RESPA ) Select Portfolio Servicing is required to : a. Acknowledge my correspondence in five business days. On XX/XX/XXXX I requested the expeditious application of the XX/XX/XXXX payment. As of today, I have not received any correspondence from Select Portfolio Servicing regarding the status of said payment or its status. This is well beyond the required 5 days. 16, I have made all of my mortgage payments on time. At no time has any mortgage payment bee 30 days late. 17. Select Portfolio Servicing ( your servicing company ) is causing me undue and tortuous harm as the late application of my XX/XX/XXXX mortgage payment will accrue undue fees and penalties XXXX. I have made numerous phone calls to both Select Portfolio Servicing and XXXX XXXX XXXX XXXX in regards to applying my XXXX mortgage payment as required by law. To date, I have been given assurances that the XX/XX/XXXX payment received would be applied to my account. As of XX/XX/XXXX. The only correspondence I have received in writing is an " Early Intervention Notice '' as of XX/XX/XXXX via online document delivery. I advised XXXX XXXX XXXX that if this matter is not resolved and my payment applied then I would file a complaint to the Consumer Financial Protection Bureau ( CFPB ) for action. 19. The delay in applying my XX/XX/XXXX mortgage payment threatens to place me in default of my mortgage in addition to undue penalties and fees which would constitute a financial crime. 20. Time is of the essence as I have exhausted all available remedies via phone call and email correspondence.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77478
Submitted Via: Web
Date Sent: 2023-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-09
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: To whom it may concern. I am scheduled to close this Friday, XX/XX/XXXX, on a property for my primary residence. However, today, XX/XX/XXXX, I gathered an understanding that the mortgage company, Select Portfolio Servicing, who serviced my former home mortgage for XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXXXXXX, that I filed in XXXX XXXX bankruptcy in XX/XX/XXXX, did not foreclose on the property because they wrote it as a charge-off. Moreover, they have a lien against me for {$7000.00} for past-due payments and other fees. My complaint is two-fold. First, they still need to enter a resolution for the property. Because at this time, I am still the owner and responsible for the taxes and insurance, even though I surrender the parcel back to SPS within the bankruptcy. But more importantly, the lien violates bankruptcy regulations to cease and desist because the property was liquated. SPS continued to send me monthly statements during the bankruptcy and for four months afterward. Then in XX/XX/XXXX, SPS mailed a letter stating that the debt was charged-off and that a lien was placed against me for the past due payments totaling the stated amount above. Interestingly, I noticed when I reviewed the old statements that the account due date was XX/XX/XXXX, and the last time a payment was made on the property was XX/XX/XXXX. I must be transparent. I realized today that the debt was charged-off and that SPS placed the responsibility for the taxes and fees back on me. Moreso, when they sent statements, I did not report them because they were misleading. They stated, " our records show that either you are a debtor in bankruptcy or you discharged personal liability for your mortgage loan in bankruptcy. '' Additionally, the statement was sent for informational purposes only, yet they placed a lien against past due balances that SPS says I owe. I need SPS to change the status of the mortgage loan I had with them to " loan forgiven '' and release the lien. I ask this because I did my part filing for XXXX XXXX bankruptcy and completed what was required. However, the " charge-off '' statement means poor performance. It's baffling that SPS has penalized me for a debt I was no longer responsible for. I have contacted SPS to have this resolved. But because per the representative, I am responsible for the remaining debt because the {$45000.00} was charged off, and they had no record of my bankruptcy, even though it states I filed bankruptcy in the documents they sent me. And per the representative, their records said XXXX XXXX and charged off. I appreciate your prompt response to this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AR
Zip: 72223
Submitted Via: Web
Date Sent: 2023-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Since I have contacted mortgage company ( SPS ) in terms of escrow issue with over charging analysis, they didn't fix this problem properly. They didn't refund my additional escrow payment for 3 months. Following is the amount. I paid {$2900.00} with additional escrow fee {$990.00} in XX/XX/2022 ( draft day ) I paid {$2900.00} with additional escrow fee {$990.00} in XX/XX/2022 ( draft day ) I paid {$2900.00} with additional escrow fee {$990.00} in XX/XX/2022 ( draft day ) They have to refund {$2900.00} in total ( {$990.00} XXXX XXXX = {$2900.00} ). I contacted them so many times with this issues. They are not listening and just repeat same words with a wrong analysis report. It seems like they are stealing my money. It is so stressful.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 21042
Submitted Via: Web
Date Sent: 2023-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: in XX/XX/2022 XXXX XXXX XXXX transferred our mortgage to SPS they said there are no changes but we get charged {$15.00} a month which isn't included in our budget. Unless we put in auto pay which we can't because our Social Security checks sometimes doesn't come in until past the due date. This company won't change the due date as we tried many times to ask, If XXXX says nothing has changed well we are getting charged {$15.00} more. We have never been late with our mortgage I'm not understanding why this happened.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34203
Submitted Via: Web
Date Sent: 2023-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Select Portfolio Servicing was my mortgage company. My loan/house is paid in full XX/XX/XXXX. I submitted an insurance check that was payee to myself/SelectPortfolio for endorsement XX/XX/XXXX. I never endorsed the check. Select Portfolio said they destroyed the check XX/XX/XXXX. The insurance company has proof SelectPortfolio cashed the check XX/XX/XXXX for XXXX. I have an insurance fraud investitgation open since XX/XX/XXXX. Select Portfolio stole XXXX from me and will not respond/resolve the matter for over 1 year. I have also incurred XXXX additional costs for borrowing, notaries, travel, interest, closing cost on money borrowed for construction in lieu of the XXXX check Select portfolio cashed and stole from me. I have tried over 100 times speaking to Select Portfolio to resolve this, yet they continue to do nothing. I want to file criminal charges as well for Grand Larceny, embezzlement, wire fraud and any other applicable statute.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 190XX
Submitted Via: Web
Date Sent: 2023-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A