Date Received: 2022-05-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/2022, " Select Portolio Servicing '' take over my mortgage from " XXXX XXXX XXXX '' I had been paying my mortgage to XXXX on XX/XX/2022 and XX/XX/2022 and paid to SPS on XX/XX/2022. But SPS did not properly credit the payment. They did not give me any paper statement/Notice at all that i requested for mail it to me. On XX/XX/2022, Notice of error sent to SPS asking to address the problem. On XX/XX/2022, SPS received On XX/XX/2022, The increase my interest rate to 18 % when I pay everything on time
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 891XX
Submitted Via: Web
Date Sent: 2022-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Loss mitigation complaint and XXXXXXXX XXXXk XXXX, acting as Trustee, failed to properly apply and accept payments in accordance with Federal Law. Securities Act of 1933 ; Securities Exchange Act of 1934 ; UCC 3-104 Negotiable Instruments and UCC 3-603 Tender of Payment. Full Payment was tendered and not accepted or applied, as such the loan is paid in full in accordance with Federal Law. XXXX XXXX also admitted they never had the loan in their servicing network. So no money is owed to XXXX XXXX on my house. They are also using a servicing company, Select Portfolio Servicing to represent them to commit this fraud on their behalf ( See attached correspondence letters with XXXX XXXX ). Furthermore, XXXX sent us a letter stating they are in no way affiliated with Select Portfolio Servicing but yet XXXXXXXX XXXX filed the foreclosure complaint as the trustee and Select Portfolio Servicing signed the complaint as Attorney in Fact. ( see attached letter from XXXX XXXXk regarding SPS and the last page of the complaint they filed to foreclose ). Rule 1.210 ( a ) of the Florida Rules of Civil Procedure provides, in pertinent part : Every action may be prosecuted in the name of the real party in interest, but a personal representative, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that persons own name without joining the party for whose benefit the action is brought.. XXXX XXXX XXXX, meets none of these standing and pleading criteria. We demand written proof from the Trustee and the C.E.O. of XXXX XXXX XXXX. that they authorized a foreclosure on this property by way of Corporate Resolution and Affidavit. XXXX XXXX XXXX. is not the real party of interest. The real party of interest XXXX XXXX XXXX who originated the Note and went out of business on XX/XX/XXXX. Then XXXX XXXX XXXX who was charged for foreclosure fraud and shut completely down in the State of Florida, had a fraudulent assignment created by XXXX from XXXXXXXX XXXXXXXX to XXXX XXXX XXXX XXXX on XX/XX/XXXX, four months after XXXXXXXX XXXX had been closed down. ( see attached assignment and article on XXXX XXXX XXXX XXXX XXXX XXXX is currently committing fraud by foreclosing, case no. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX Florida XXXX and currently setting a sale date of our home on XX/XX/XXXX. We want all banking operations to cease immediately and an investigation initiated about this XXXX XXXX fraud. XXXX XXXX XXXX and XXXX XXXX ( aka XXXX XXXX XXXX ) XX/XX/XXXX 2022
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32257
Submitted Via: Web
Date Sent: 2022-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-18
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: when i did a mortgage modification years ago XXXX requested a Quite Claim deed to remove my then wife from the property as we were getting a divorce and she was not part of the Modification. I was the only person to sign the new load information. She is still showing up on the loan and the loan company, SPS is telling me they are using her signature on the Quite Claim XXXX as her acceptance of the debt. How is a doc that releases her claim to the property an instrument to accept the debt on a loan she did not sign?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91040
Submitted Via: Web
Date Sent: 2022-05-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Consumer Financial Protection Bureau ( CFPB ) Complaint/SPS/ XX/XX/XXXX I have been corresponding via mail, uploads, and phone calls with Select Portfolio Servicing ( SPS ) for the last 6 months and can not get a direct answer to my question. I have sent very specific letters to them with supporting documentation concerning the HAMP-PRA XXXX XXXX ) and asking why it was not applied to my account. It is very clear at this point that no one who has reviewed my letters has any extensive knowledge of HAMP, so they keep ignoring my direct question about why the HAMP-PRA was not applied to my 0 % Balloon when I clearly had met all the requirements. On XX/XX/XXXX, I sent another letter asking for a copy of their written retroactive PRA policy that the HAMP Supplement Directive 10-14 required them to submit to the Federal government. I want to see for myself what they were supposed to do to identify my account and apply the PRA to my balloon as I met the on-time interest bearing principal payment requirements. They either ignored their HAMP contract terms with the government or I somehow fell thru the cracks. By XX/XX/XXXX my 0 % $ XXXX balloon should have been zeroed out as I had 3 years of on-time payments and was still severely underwater on my mortgage. The responses I have received from SPS are a denial for a short pay based on XXXX prices that show I have equity in my property, so they suggest if I dont like having a $ XXXX balloon, I can just refinance my mortgage with someone else. It was SPS that required me to fill out their mortgage assistance application asking for a negotiated payoff ( short pay ) and submit all current financials just to get assigned a relationship manager to look at my HAMP-PRA request . Once I was assigned a relationship manager, she said she would send the HAMP PRA request to the correct SPS department. She advised keeping the short pay request active to go to the investor, just in case they agreed, as the result would be the same : to eliminate the $ XXXX Balloon. After that phone call in early XXXX, I could never get an update on my specific HAMP-PRA request XXXX In XXXX, XXXX, and XXXX all my calls/emails were ignored. Once SPS had said the investor denied a short pay request because I was not in foreclosure and I had equity, that letter gave a mailing address for an appeal. I finally thought I would get someone higher up that would understand HAMP. I clearly stated my case again, but the response again ignored my main question. Their XX/XX/XXXX reply again said I had equity, so they had no obligation to do a short pay. The letter also stated the dates I received my incentive payments for my modification in years 1 thru 6 and said those terms were outlined in the copy of my modification agreement they had enclosed. I pointed out in my XX/XX/XXXX response that the modification agreement I signed did not in fact include any language about the incentive reductions to principal for on-time payments. That $ XXXX incentive for years 1 thru 5 was mentioned on a modification summary sheet on the back of the HAMP acceptance letter I received on XX/XX/XXXX but was not incorporated into the official modification language. The $ XXXX incentive payment for year 6 and the recast did not even exist when I signed my modification on XX/XX/XXXX. That was a retroactive HAMP update issued in XXXX ( XXXX ). Even though that $ XXXX and recast in year 6 was not part of my original modification, per HAMP rules SPS applied it to my account. I did not have to request any of these HAMP pay for performance incentives ; SPS identified my account as qualifying and applied them. Why did they not do the same for HAMP-PRA ( XXXX )? The HAMP update ( XXXX ), issued XX/XX/XXXX, officially announced the PRA that would apply to the 0 % balloon. I closed on XX/XX/XXXX, and I had asked for the PRA at the bottom of my hardship letter enclosed with my HAMP application submitted on XX/XX/XXXX. On XX/XX/XXXX, I was speaking to a SPS representative in finalizing paperwork in anticipation of closing. I asked about the PRA and if I should wait to close. She said not to wait as the official language would not be finalized until XX/XX/XXXX ( XXXX ), and it would absolutely be applied to my account retroactively if I qualified. She said my modification would be structured in anticipation of the PRA balloon. Once I got the modification agreement, I saw it had indeed been structured with the underwater part of my principal set aside in a $ XXXX balloon at 0 %. So, I felt comfortable closing knowing that if I made all my payments on time I would get the PRA applied to the balloon. I did not realize SPS had not taken off the balloon until I requested a payoff letter in XX/XX/XXXX. I had followed the advice of the letter SPS sent in XXXX when they recast my loan. SPS said to continue making the higher payment to pay off my loan faster and pay less interest. By doing so, I have shortened the term of my mortgage and if SPS does not remove the $ XXXX balloon per the HAMP-PRA rules, I am looking at being thrown out of my house when I am XXXX because I can not pay $ XXXX in a lump sum nor qualify to refinance. The SPS phone representative told me Dont worry SPS will just do another modification when the time comes. BUT the written letters SPS sends says they dont have to help me in any way because I have equity. Which means to me if I cant qualify to refinance, SPS will just foreclose on me to get the $ XXXX they should have removed in XXXX. Since HAMP-PRA ( XXXX ) indicates the $ XXXX balloon should have been zeroed out by XX/XX/XXXX as I was still severely under water and had 3 years of on-time principal payments, I have enclosed a printout from my county website that shows the Market Value ( aka Just Value ) from XXXX to present. If SPS had zeroed out the balloon in XXXX, it would not matter that I have equity in my home in XXXX. Either SPS does not know how to answer my question as to why they did not apply the HAMP-PRA, or they feel they can get away with getting an extra $ XXXX because they didnt follow the HAMP rules 9 years ago. Was SPS allowed to pick and choose which rules to follow? They followed the pay for performance incentive rules and the recast, but not the principal reduction of the balloon. Can CFPB find out the exact reason why? Can CFPB get them to zero out the $ XXXX balloon? After SPS received my XX/XX/XXXX letter, their response was to ignore all the pointed questions I again asked and to simply send a boilerplate letter that they rejected my letter because I need to plead my case only by filling out their required form. They then enclosed the same form that I filled out in XX/XX/XXXX that is meant for people in foreclosure looking for a solution. In other words, SPS wants me to start all over by trying to fit my HAMP-PRA request into a cookie cutter box that has already proven it does not apply to my circumstance and has wasted the last 6 months with not even a glimmer of resolution. Please can you help? Can you get me a copy of their written retroactive PRA policy that the HAMP Supplement Directive 10-14 required them to submit to the Federal government? I want to see the words on the paper of what they were required to do. Can you review that policy and find someone at SPS who even knows what I am talking about and get them to respond to my repeated questions? I have uploaded all the letters I sent SPS and the documents that support my case. Hopefully CFPB can get them to honor the HAMP-PRA rules. Thank you
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-05-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-18
Issue: Fraud or scam
Subissue:
Consumer Complaint: I sold my property on XXXX XXXX ( this is the date XXXX using because my check for {$12000.00} was dated for this day and I know for sure I didnt attempt settlement on XXXX XXXX because I received an email from the Buyers, XXXX advising me it was moved from XXXX XXXX XXXX XXXX. My spouse on the other hand received an invitation regarding settlement on XXXX XXXX, I have a signed document dated for XX/XX/18 with his signature on it, I have wire instructions from our realtor to my spouse asking him about how he wanted his money wired to him .. me however, received XXXX email from the buyer that settlement was moved and I also received something on XXXX XXXX that settlement was canceled on XXXX XXXX and I also have an electronic signature dated for XXXX XXXX so XXXX not sure who stole my proceeds from the fraudulent scam that involved so many people. XXXX not sure who impersonated me on XXXX XXXX settlement and Im not sure how much is owed to me because I know I was promised {$75000.00} amd I only received {$12000.00} but considering that fraud occurred- I am assuming that the stakes are much higher now. I am asking your help with the following things. First and foremost- I am asking you to help me bring the individuals that robbed me blind and conspired against me In an effort to steal and make my family homeless - help me bring them to Justice and possibly put them out of business for their malicious, premeditated fraudulent scam that was well thought out!! I want to make sure that ko family ever has to experience what mine has. XXXX help me find my wire transfer that is most likely in my name since I was the owner of this property for more than 20 years. XXXX help me get them to return my title because they dont deserve it. I currently have the following officials working on an investigation for meXXXX XXXXeal Estate Commission, Dept of Investigation and Enforcement XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I also have the Attorney General conducting an Insurance Fraud Investigation , I also of the Department of Banking conducting an investigation relating to my mortgage that was possibly never paid off. I have alot of evidence that I collected over the years and I can provide you with this to back my allegations. There may be family members involved that I live with currently but I do not know who has jurisdiction over my dad, sisters, brother in law. I also have internal affairs working to help me with another family member that is a cop. If you need any information you can contact me directly or refer to us Bankruptcy Court or a United States District Court. There is a lot of evidence there too. XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 19125
Submitted Via: Web
Date Sent: 2022-07-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: 1. Paying into an escrow account that I feel should not have been paid to Select Portfolio Servicing , Inc . 2. Paying Property taxes - no property taxes ( exemption due to XXXX since XXXX and age ) but the Mortgage Company withheld escrow for taxes and insurance from the time they acquired the mortgage. 3. Non-escrow account built and billed based on non-existence property taxes ( charging an escrow of {$6.00} x 24 months ( {$140.00} ) which should not exist because ; however, " the statement states that account has a monthly reserve requirement of 0 months - no escrow needed. ( 1 ) insurance is only {$140.00} ( paid each month by me ) with no increase in the last 3 years ( 2 ) no property taxes exist to be paid since ( XXXX ) - no taxes since becoming sole owner in XXXX 4. Can not understand the reason for the {$180.00} monthly charge to Escrow but only {$140.00} is needed for insurance, but Select Portfolio , Inc. shows a shortage in the Escrow account. Why? 5. Select informed me that I can not send extra principal payment without first calling Select Portfolio Servicing , Inc . In the past, I have always sent two checks : a monthly payment and a check for the extra principal but on the statement " No prepayment penalty '' XXXX Mortgage Payments : XX/XX/XXXX {$1000.00} for an extra principal ( check # XXXX ) and {$670.00} regular payment ( check # XXXX ) Should have been : {$1000.00} ( principal ) - and {$330.00} ( principal ) total = {$1300.00} NOT {$820.00} - - want to know where the money was applied for the month of XX/XX/XXXX and XX/XX/XXXX? XX/XX/XXXX - no statement provided for disbursement of money XX/XX/XXXX - {$1000.00} ( XXXX cents short ) paid for XX/XX/XXXX and XX/XX/XXXX {$520.00} mortgage payment applied for XX/XX/XXXX - {$6.00} to close the escrow account totaling {$530.00} {$510.00} applied to the principal account ( should not have been put in escrow ) because I did not request that of Select Portfolio ; however, no escrow should be owed because there is no escrow account ; therefore, payment should be applied to XX/XX/XXXX Mortgage Payment as verbally discussed with Customer Service on Monday, XX/XX/XXXX. XX/XX/XXXX - XX/XX/XXXX Escrow Cancelation - Refund Due {$720.00} Insurance will be paid directly to XXXX XXXX XXXX XXXX by Mortgage Holder : XXXX XXXX XX/XX/XXXX - {$180.00} ; XX/XX/XXXX - {$180.00} ; XX/XX/XXXX - {$180.00} ; XX/XX/XXXX - {$180.00} XX/XX/XXXX - XX/XX/XXXX Overpayment Shortage ( Escrow ) - Refund Due {$220.00} XX/XX/XXXX - XX/XX/XXXX ( {$180.00} x12= {$2100.00} - ( {$1700.00} Insurance ) = Refund Due {$370.00}
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AL
Zip: 352XX
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: For the last 36 months I have tried to modify an existing loan with Select Portfolio Servicing, Inc, XXXX XXXX XXXX, UT. Exorbitant costs associated with owning the property and the hit by Covid 19 contributed to the request for loan 'modification. ' A hardship letter was sent many times to SPS. The company has consistently applied deceptive financial practices, promising a " modification '' and actually stating many times in writing that a " completed mortgage assistance program '' was approved and in existence ( last date was XX/XX/XXXX ). Yet a short time later, the company requests more documents be sent to complete the process. A deadline for additional needed documents was given ( this same information had been submitted and received by the company countless times before ). In this case, a copy of a social security card was requested by XX/XX/XXXX. Said social security card copy was " faxed '' and received by the company on XX/XX/XXXX ( documented in fax receipt ). A loss/mitigation specialist was employed by us, by the name of XXXX XXXX XXXX XXXX This advocate had been working this case since XXXX ( while I, the actual loan borrower, had asked for a modification from SPS the year ( XXXX ) prior to that ). In both cases, SPS dragged on and on requesting the same exact information over and over again ( which prompted me to hire an advocate in the first place ). XXXX XXXX XXXX also faxed a copy of the final requested social security card document XX/XX/XXXX. By XX/XX/XXXX SPS provided no resolution to either of us and sent a letter stating that since 30 days had lapsed with no activity, it was withdrawing the mortgage assistance program but to feel free to apply for a " modification. '' What did SPS think we were doing all this time? The loan under SPS does not fall under the usual XXXX federal guidelines. SPS has employed deceptive financial practices. As of XXXX, XXXX, XXXX the advocate asked SPS representative what the " servicer guidelines are for modification? '' The SPS representative answered that if the client is " current in mortgage payments '' they are not eligible for modification! SPS will not honor the fact the documents were submitted in a timely manner to them. So while I am experiencing financial hardship and need help ; SPS will not give it if I keep paying the loan. Yet SPS puts in writing ( XXXX ) that the consumer can apply for a " modification. '' For over 36 months SPS has requested redundant documents, delaying the process, while lying about whether the modification was possible or would ever be approved unless the loan was in default. Not only have years of our lives and financial health been impacted, but SPS has performed malfeasance in its treatment of our modification application process. We have proof and written documentation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ID
Zip: 836XX
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Because of the pandemic all of my businesses were shut down I did not receive any assistance for about 8 months by the time I did receive help so many things were due .I stayed in communication with servicer the whole time and paid additional fees requested I have no experience with unemployment at all as I am 62 years and I've never been unemployed until pandemic I applied for the loss of Mitigation Program last year On XX/XX/2022 the decision made by this company is for me to pay {$3000.00} for 12 months XXXX payment of {$3300.00} on the XXXX month that's double the mortgage If I don't sign agreement and mail payment of {$3000.00} by XX/XX/2022 they will foreclose they are not even allowing me to make bank transfer payment. my fear is on this they could say they did not receive payment by due date and still foreclose To my understanding this company was going to work out a repayment plan that is realistic and doable this is not I hoped they could have spread this out over a few years or at least put on the back end I don't see why they couldn't they did it before when the housing market crashed and I stayed current. Currently I owe {$250000.00} interest bearing principal deferred principal {$55000.00} The deferred amount at at market crash went from about XXXX XXXX to currently {$55000.00} I paid extra money monthly to help bring down amount owed The only difference is there was no equity in the home at that time so a realistic plan was put into place. Fast forward to pandemic I was out of work for 1 year due to California pandemic protocol when I was allowed to work again i immediately resumed payments now that I have equity in my home I suspect this plan was designed for me to fail so that they can steal my property. I feel I'm the victim of a Predatory Lender they are taking advantage of senior citizens and homeowners that fell victim to unemployment pandemic I have every intention of repayment I'm just hoping for for a fair resolution that's all please Help me
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90047
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: For the past XXXX years i have been been getting the runaround rom XXXX XXXX. All the documents requested were submitted along with Hardship letter my wife had gotten XXXX. So i was the sole provider for my Family. They recently denied a modifacation but have not been able to explain there reason. They claim there were covid programs but nothing was offered .Last year a representative from SPS called with a lower payment so i said just put in in writing and i can start to pay. The following day a rep from SPS called and stated that this person was not authorized to make that decision ..Every time you call them a different person picks up and tells you a different story. Just not fair.They dont include all the documents i have submitted and tell me to resubmit .them again. The same docs over and over. There are over XXXX reviews on the web site and they are all the same as mine. Over 200 law suites have been settled do to there lack of compassion. Just a group of greedy uncaring people. They should be put out of business and all debt should be forgiven .Respectfully Submitted XXXX XXXX XXXX Veteran.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 076XX
Submitted Via: Web
Date Sent: 2022-06-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have paid off my mortgage and this company has made several errors in applying my payment and despite my numerous escalations and requests the account has not been corrected. the correct payoff amount has not been provided despite numerous requests and the company keep referring me to online payoff amount which is absolutely wrong since my payments have not been applied correctly. I have requested transaction history and they can not provide me with detailed history that shows proper information that would be useful to me to see how this company has applied my payments. Based on this companies rules, I should receive the satisfaction letter within 10 days of paying off the account ; however, due to the mess in their systems they will not be able to do so. I am applying for Equity line of credit and need to show that the house is paid off but I am not able to proceed due to this mess this company is a collection agency in nature and do not have proper infrastructure to manage mortgages and they have bought my mortgage from XXXX XXXX and now I am in the middle this frustration. the staff treat us as if they are collecting unpaid money. they are very rude, totaly lack knowledge and expertise and they are totally disrespectful to customers. there are numerous lawsuits against this company that would really need your oversight on their performance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 22102
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A