Date Received: 2023-01-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Once again SPS thinks they do not have to follow the rules. I was sent a foreclosure notice on XX/XX/XXXX, with a trustee scheduled sale date of XXXX ( see attached ). SPS failed to provide proper notice according o VA XXXX XXXX. This gives specific language that must be provided in a foreclosure notice : For owner-occupied residential real property, the foreclosure notice will need to include the following additional information : 1. The date the last payment was received and the amount of the last payment 2. The total amount of the principal, interest, costs, and fees in arrears 3. The remaining principal balance due Effective XX/XX/XXXX, the foreclosure notice will also need to include : XXXX. The website address of the U.S. Housing and Urban Developments office of Housing Counseling with a listing of HUD-certified housing counseling agencies 2. The website address and telephone number of the statewide legal aid center 3. The following statement in at least 12 point type : This is NOT a notice to vacate the premises. You should consider contacting an attorney or your local legal aid or housing counseling agency.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: On Tuesday, XX/XX/XXXX, I received an email from the title team who has been attempting to get an accurate payoff amount so that I may sale my house. The email contained a letter from the attorneys for Select Portfolio Servicing which stated the payoff amount as {$160000.00}, almost {$60000.00} more than what Select Portfolio Servicing has indicated in previous payoffs. It appears that the attorneys are not communicating with Select Portfolio and this information has caused me to lose out on a potential buyer for my home ( he cancelled the sell on XX/XX/XXXX due to the constant delays from the attorneys of Select Portfolio Servicing ). I contacted Select Portfolio on XX/XX/XXXX, about this discrepancy and the individual I spoke with stated that he did not understand why the attorneys would send that payoff amount and he would send me a corrected payoff amount within 10 days, however, whatever payoff amount I receive from Select Portfolio will be declined by the attorneys representing them and this makes it difficult for me to sell my home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I APPLY FOR ASSISTANCE THEY APPROVE ME FOR REPAYMENT PLAN. I CANT AFFORD IT AT THIS TIME, I TRIED BARROWING FUNDS TO PAY BUT DIDNT COME THRU.I ASK THEN TO SEE IF THEY CAN DEFFERD PAYMENTS BEHIND THE LOAN. TEY SAID NO
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 85340
Submitted Via: Web
Date Sent: 2023-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-04
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In response to the SPS replies of late, 1. " SPS is a mortgage servicer '' does not say that SPS is or ever was " servicing '' my alleged unpaid loan account. This is an obvious attempt to avoid making the assertion that they should be making and instead replacing it with an implication. Their response implies that they have been servicing your payments and making distributions to your creditor. If that is not true, then their statement is irrelevant. 2. I object to the assertion that SPS is the company that performs any functions with respect to physical receipt, processing, depositing or disbursement of funds in relation to any account bearing my name or any unpaid loan account on the ledger of any creditor. And they don't say that they do represent such a creditor or that they do perform such functions. If they mean they do other things that technically complies with the definition of " Servicer '' then they should say what they mean or not say it at all, since that is irrelevant to the question of validation of the debt. 3. " servicing of your account was transferred to SPS from XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX ''. They do not state that XXXX was performing the aforesaid functions of a servicer either. AND it fails to respond to my question or request for documents, to wit : if the servicing was transferred this " misunderstanding '' could be cleared up potentially by presenting the agreement between XXXX and SPS. Under representations and warranties, the issues would be clearly stated as is required in all documents involving banks. Neither of them assert that they represent as agent any creditor who maintains an unpaid account due from me. 4. " SPS services the account according to the terms of the enclosed Note and Deed of Trust that were signed at origination. '' This is untrue unless they are willing to assert that they are in the business of accreting payments from me and that they have received payments from me and deposited those payments to the benefit of a creditor or otherwise distributed the funds for the benefit of a creditor. 5. " we have also enclosed your Home Affordable Modification Agreement, SPS Transaction History, XXXXXXXX XXXX XXXX XXXX XXXX XXXX Account Activity Statement, Corporate Advance History, Escrow Disbursement History, and Fee History. '' This is not relevant without an assertion and corroboration of the existence of an unpaid receivable account owed to some identified creditor who will acknowledge both the debt owned by them and their appointment of XXXX or SPS as their agent. A copy of the ledger certified by the alleged creditor is what I am asking for, not some random report run by remote financial technology companies. 6. " Please understand that servicing rights and duties are established by contract between the Noteholder and the servicer. '' This is only true if the noteholder is the owner of the underlying debt. The servicing contract has not been produced. Normal servicing contracts would have the principal ( creditor ) warrant ownership and authority over the asset that is being managed by the servicer. 7. " As the servicer, SPS is responsible for enforcing the Deed of Trust and Note on behalf of the Noteholder. '' This statement is untrue. It is not responsible nor even authorized to enforce unless selected and appointed to do so by an identified creditor who affirms ownership of the debt and the appointment of SPS to enforce it. This is exactly what I have been asking to receive and they keep evading the question. XXXX. XXXX XXXX XXXX XXXX successor trustee to XXXX XXXX XXXX XXXX, successor in interest to XXXX XXXX XXXX as trustee, on behalf of the holders of the Washington XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX is the Noteholder of the account, and SPS is the mortgage servicer. '' SPS can not be the mortgage servicer, unless it is acting as the agent of a creditor who can produce an authorized officer or employee to affirm the ownership of a debt owed by me to that creditor. XXXX XXXX is not the successor trustee to XXXX XXXX XXXX, unless it was authorized to do so by the party who created the trust, along with the consent of the beneficiaries of the trust. The trust agreement in which XXXXXXXX XXXX was originally named, can not possibly qualify XXXX XXXX as a successor trustee under the terms of the trust agreement. My argument with this is that, regardless of whether or not the trustor agreed to the change of trustee, and regardless of whether or not this change could've been ratified by the beneficiaries, no such agreement or consent was ever given. ThereforeXXXX XXXX XXXX has no right to be operating as the trustee for the alleged trust. ( which doesn't own the debt anyway ). Since neither the trust agreement for this particular trust, nor any evidence of consent or authorization by the trust, or beneficiaries, is even referenced, this statement is pure nonsense designed to provoke the reader into implying or inferring that these formalities have been satisfied. Remember that the trust itself, even if it exists, it's just a legal fiction based on following the formalities required by statute. Lastly, the reference is not to XXXX XXXX XXXX XXXX XXXX XXXX or even XXXX XXXX being a trustee for a trust. it is an assertion that they are trustees or agents for certificate holders. Once again the attempt is to provoke the reader into implying or inferring that the certificate holders are beneficiaries. But without any doubt that the certificate holders are not beneficiaries of any trust. XXXXXXXX XXXX owes no fiduciary duty to any certificate holder and in litigation, XXXX XXXX has repeatedly and successfully defended against lawsuits filed by certificate holders asserting that XXXX XXXX owed any duty to them. 9. " While there is no recorded assignment to provide to you at this time, the mortgage assignment is tracked through the Mortgage Electronic Registration Systems ( MERS ) electronic registry. MERS tracks the ownership and servicing of some mortgage loans in the United States. '' The statement is not only untrue, it is blatantly fraudulent. There is no recorded assignment because the XXXX was never purchased, sold, or even assigned on paper. This grows out of false claims that XXXX XXXX has mostly abandoned. When it acquired the assets of XXXX XXXX on XX/XX/XXXX, XXXX illegally took the position in courts across the country that every loan that had been originated by XXXX XXXX, was owned by XXXX, even though those loans were all subject to claims of securitization just like my transaction. The only public records that exist in our system of government and laws are the public records that are maintained by public authority. They are trying to tell me that a private entity is an acceptable substitute for public records. This goes one step further than the usual fatal deficiency in claims made. Usually, there is at least a fake assignment. In this case, they admit that no such assignment can be produced. Considering the time in which they have been able to perform research and do diligence, it is reasonable to require a court to make a negative inference. : that a new purchase and sale of the underlying obligation, note or mortgage has ever occurred. They are attempting to launder the title to lien.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90066
Submitted Via: Web
Date Sent: 2023-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX, I purchased solar panels for my home through the XXXX XXXX offered through XXXX XXXX XXXX ; my mortgage servicing company is Select Portfolio Servicing, based in XXXX XXXX XXXX, Utah. My initial servicing company was XXXX XXXX XXXX XXXX, but the loan was sold to Select Portfolio Servicing in XX/XX/XXXX. As part of my contract, my solar panels would be paid for by adding payment for the panels to my house payment ( $ XXXX. ) The first payment addition would be due to begin in XX/XX/XXXX. On XX/XX/XXXX, I prepaid in full for the solar panels to XXXX XXXX XXXX in XXXX XXXX, CA. The amount paid was {$50000.00}. My issue with Select Portfolio Servicing is the following : Select Portfolio Servicing is wrongly assessing charges and late fees for property taxes {$6300.00} for the solar panels after I paid off the bill. My property taxes are paid through my mortgage servicing company. I believe Select Portfolio is billing me based on old tax information. I have tried communicating many times with Select Portfolio Servicing but to no avail
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92804
Submitted Via: Web
Date Sent: 2023-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX XXXX XXXXXXXX while attempting to buy a replacement truck, I was turned down. The reason was Select Portfolio Services ( SPS ) was showing I was late for XXXX XXXX XXXX in a row. This I had thought was remedied and was to be removed from my credit report. The reason for the XXXX missed payment was XXXX. When the mortgage was originally signed I was allowed to make XXXX XXXX payments. This in XXXX would make XXXX XXXX payments. SPS becomes the servicing agent for XXXX the now mortgage holder and they do not allow partial or XXXX XXXX payments. About XXXXXXXX XXXX XXXXXXXX I missed A payment because of having to stay at home because XXXX XXXX was sick and then latter in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX SPS became relentless calling XXXX times a XXXX well into the XXXX and some as early as XXXX. They used several different phone numbers so I just stopped answering the phone all together. There was nothing at the time I could do and they knew it because I called them after I missed the XXXX payment. I took out money from my retirement account to get current with SPS and they agreed to remove the negative remarks. In XXXX I was finally able to purchase a much needed truck. They had removed all the negative remarks. In XXXX ( approx ) of XXXX SPS failed to deposit a check for 18 days after they received it. They again marked me late for XXXX. Even though they were sitting on the money. In XXXX they again marked it late because I sent in the XXXX payment for half of the amount and then the XXXX. Apparently it was less than {$50.00} off the full payment. An honest unintentional mistake because I misread the statement. I got the a very rude Customer Service rep who basically told me it was my fault and I need to make full payments instead of XXXX XXXX payments. I was unaware they again reported this to any credit bureau until later on when I had had enough and wanted to refi the house. Nope EVERYTHING was back on the report. Even the past ones which were removed are back on my credit report. SPS engages in deplorable tactics by XXXX those whom it is hired to serve. Constant phone calls, letters threatening foreclosure, people coming on to my property and taking pictures of the house and vehicles in or around XXXX XXXX. The only reason I can think of for this mean spirited practice and putting everything back on my credit report is XXXX! I can not refi the house when they hold checks for XXXX XXXX then make negative reports to the credit bureaus. Even the Statements they provide are near impossible to determine what is going on. To make it even worse without my consent they stopped mailing statements. I am not a fan of online e-Bills or giving anyone access to my accounts.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 853XX
Submitted Via: Web
Date Sent: 2023-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-04
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Afternoon of XX/XX/XXXX XXXX at Select Portfolio Servicing required I fax my bank statement to prove mortgage payments for the month of XX/XX/XXXX. Paper checks were either lost or delayed from initial mailing XXXX. Faxed XXXX XXXX XXXX to Cashiering subject : Missing Payment Research to XXXX XXXX XXXX. Dollar amounts of checks are {$1200.00} and {$1000.00} both posted previous day on XX/XX/XXXX but system didn't update until XX/XX/XXXX. On XX/XX/XXXX I spoke with XXXX at XXXX and XXXX ( supervisor ) x XXXX to complain about why Cashiering department has also lost bank statement itself! I spoke with XXXX and XXXX in loss mitigation for 34 min on XXXX XXXX XXXX and an hour and 16 min on XXXX XXXX XXXX again complaining why Select Portfolio Servicing lost my bank statement after both mortgage payments finally posted XXXX XXXX XXXX. I also spoke with XXXXi Supervisor in Loss Mitigation since I as a customer am not allowed to speak to Cashiering department. I believe Select Portfolio Servicing never lost my bank statement and claiming XX/XX/XXXX mortgage payments not received was a ruse to acquire my bank statement to gain leverage over my confidential financial information. Select Portfolio Servicing is attempting to renege on my low interest loans 3.375 % and 3.875 % through foreclosure in XXXX. My payments are not late nor lost. To be clear each page of fax spelled out loan numbers ATTN : Missing Payment Research
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95340
Submitted Via: Web
Date Sent: 2023-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-03
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Around XX/XX/XXXX, I attempted making an online payment on the website of my loan company. The menu showed a standard amount of XXXX and I wished to round it to XXXX or XXXX. Upon choosing the " other amount '' and typing my payment, and submitting for processing, the website appear to make an error and ADD both my " other amount '' and the standard amount... This amounted to about {$3600.00} and my bank account did not have such funds, but only about XXXX. The bank returned the payment without funding the loan company. I contacted both the bank and the mortgage company to fix the problem. A stop payent for {$3600.00} was advised by XXXX and the mortgage company advised me to pay the correct amount separately after the returned incorrect amount. However, since that time of XX/XX/XXXX, my payments have been either acknowledged with a confirmation number, but not processed correctly and in a timely manner, causing the appearance of more months of delinquency and receiving a 'default notice '. Numerous emails and phone calls have been made to the mortgage company and finally the bank agreed to send them a letter documenting the protocol of payments and credits issued including details of the stop payment. I would like your help to ask XXXX to remove delinquency reporting after the Trial Modification payments were made as agreed in XXXX, XXXX, XXXX, XXXX .... accurately reflect any and all payments made and received/posted from the bank on my account.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94590
Submitted Via: Web
Date Sent: 2023-01-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have submitted a Request for Mortgage Assistance ( XXXX ) along with every document requested to bring this mortgage up to date. I was waiting for XXXX years for the mortgage company 's underwriters to accept the legal documentation submitted by my attorney for the deed to my home. My home has been put on the Sheriffs sale list 3 times now. This mortgage company 's attorneys have not done any research on my account. If they had they would see that I am waiting on their underwriters to do their job. I can not sleep or eat. This whole situation has given me severe XXXX. I have done EVERYTHING possible to take care of this problem. The mortgage company 's attorneys just keep on filing. This whole situation is due to the lack of knowledge, professionalism and legality of the mortgage company and their underwriters and attorneys.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 46304
Submitted Via: Web
Date Sent: 2023-01-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This a follow-up on multiple complaints submitted on this company. I went through a successful 12 month repayment plan. I attempted to apply for a modification prior to the expiration of the repayment plan and was told to wait for the expiration of the 12 months. You will find this in my prior complaint results. I waiting until the repayment plan expiration, applied, and was immediately denied for any workout option without any explanation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 08003
Submitted Via: Web
Date Sent: 2023-01-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A