Date Received: 2016-09-08
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Beginning XXXX, 2009, a cadre of financial institutions have improperly posed as the creditor, i.e. the party to whom the mortgage debt is owed, in connection with debt encumbering real property of my estate. After years of litigation, and battling absurd arguments such as, " we can enforce the debt even if we stole it, it 's a bearer instrument under UCC 3, '' it is clear that none of the financial institutions present own or have a right to enforce the debt instruments. The Court has now finally determined that the Note at issue is not negotiable instrument, and therefore not subject to UCC 3, and thus the institutions can not enforce the debt, " even if they stole it. '' After changing the identity of the creditor numerous times, the institutions most recently asserted the owner of the debt as, " the Bank of New York Mellon as Trustee for XXXX XXXX, asserts the right to enforce the Note as the owner of a bearer instrument, '' and then when I proved that was an impossibility, the institutions pivoted to assert the exact opposite, " the Bank of New York Mellon as Trustee for XXXX XXXX agrees it is not the owner of the Note. '' I have been forced to litigate the institutions ' moving target assertions for over four years. The servicing institutions involved XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX XXXX, assert they are attempting to enforce the debt on behalf of the Bank of New York Mellon as Indenture Trustee for XXXX XXXX ( BONYM ), with BONYM asserting it is attempting to collect the debt on behalf of " XXXX note holder holders '' of XXXX XXXX. However during their deposition testimony, BONYM admitted it has no idea who the XXXX noteholders are or how they are paid. Contradicting this testimony, are the documents filed with the SEC in connection with XXXX XXXX establishing that the indenture trustee is to certify with its signature, each note issued, and is responsible for paying the note holders. If BONYM does not know who the note holders are then they are not collecting payments from me on behalf of the XXXX purported note holders of XXXX XXXX. Finally, during the recent summary adjudication proceedings, the servicing institutions and BONYM now assert that XXXX XXXX XXXX is the owner of the instruments as Owner Trustee of XXXX XXXX ( XXXX XXXX. However XXXX and its key executives are under criminal indictment for their conduct in connection with mortgage backed securities and did not assert a claim against my estate. Further, the documents filed with the SEC in connection with XXXX XXXX establish that the owner trustee, XXXX, is the only party that can engage in litigation in connection with assets of the trust. It 's clear that XXXX, did not, and is not asserting a claim against my estate, that XXXX is improperly using the name XXXX XXXX as cover to fraudulently assert a claim against my estate. Defendants ' counsel in the matter, has improperly asserted it is representing all the Defendants, when their actual client is XXXX, in order to collect fees and keep covered the issue that the note holders of XXXX XXXX are owed no amounts from me. As this agency is aware, when XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX was the servicing agent their conduct was particularly egregious as summarized in the attached communications to them. After the CFPB and FTC consent judgment was issued, XXXX XXXX immediately became XXXX for obvious reasons but continues its deplorable conduct in my case. The overall issue is set out in my attached third amended complaint, which will have to be amended once again now that BONYM 's misrepresentations of ownership were revealed during the summary adjudication proceedings.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 91302
Submitted Via: Web
Date Sent: 2016-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-06
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Specialized Loan Servicing Group purchased our 2nd mortgage effective XXXX/XXXX/XXXX. SLS changed the original loan contract from a " INTEREST ONLY OPTION '' to a " INTEREST AND PRINCIPLE '' product without our consent effective XXXX/XXXX/XXXX which we highly disagreed with. Although we continued to make our normal and usual monthly electronic payments, SLS has contended we were in arrears of {$1400.00} as of XXXX/XXXX/XXXX although they never identified what thy wanted the payment amount change to without our consent. SLS has further refused to accept our electronic payments in the original amounts for the months of XXXX XXXX XXXX of this year.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: KY
Zip: 410XX
Submitted Via: Web
Date Sent: 2016-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-06
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been attempting to work with my new mortgage company but they have been nothing but helpful since taking over my loan from XXXX. I need help as my home is going into default and I can not maintain payments. Please have someone assist me with a solution. I am open to a loan mod as or deed in lieu. I need a single point of contact, someone who is willing to keep open lines of communication.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2016-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Re : HELOC loan XXXX with Specilaized Loan Servicing LLC. On XXXX/XXXX/XXXX, I sent Specialized Loan Servicing LLC my check # XXXX in the amount of {$250.00} as my mortgage payment ( XXXX/XXXX/XXXX statement ). This is a second mortgage.The account # is XXXX. This sum was never credited to my account ; the check was apparently lost. [ This is the second check that SLS has mislaid in the past year ; my check # XXXX of XXXX/XXXX/XXXX in the amount of {$240.00} also went astray. ] Upon receipt of the next statement ( XXXX/XXXX/XXXX ), I sent SLS my check # XXXX in the amount of {$500.00} which covered the then current receivable of {$240.00} and the past due receivable of {$250.00}. I thought the matter was settled. However, instead of this {$500.00} being credited to my account properly as two monthly payments, it was applied according to SLS statement of XXXX/XXXX/XXXX as follows : {$280.00} as a monthly payment and {$220.00} as a principal payment. The figure {$280.00} appears to be composed of the past due receivable of {$250.00} and a late fee of {$25.00}. However, the statement of XXXX/XXXX/XXXX, however, had NO late fee indicated at all. Because of the partial misapplication of my payment, the monthly statement of XXXX/XXXX/XXXX indicated that I owed {$520.00} with a past due receivable of $ XXXX.I spoke to an SLS service representative, XXXX, on XXXX/XXXX/XXXX about this and she said would initiate corrective action to credit my account properly ; she also indicated she would try to waive the late fee. She told me to send SLS a check in the amount of {$240.00} when I made my monthly payment. Once again, I thought the matter had been settled but then I received a Mortgage Delinquency Notice dated XXXX/XXXX/XXXX and on XXXX/XXXX/XXXX I was treated to a dunning telephone call from SLS still indicating I owed over {$500.00}. I spoke with XXXX representatives who after a long discussion indicated that my account was not in arrears except in the amount of {$25.00}. When I noted that this was the late fee, which XXXX had tried to waive, they refused to agree. For some reason I still fail to comprehend, they maintained that this was not a late fee. Oddly enough, they could n't explain to me what it was exactly. Dissatisfied, I asked to speak to a manager but they informed me that none was available ; since the conversation occurred during normal business hours, I found this hard to believe. They then informed me that they would have a manager call me at my home sometime during the next 48 hours. No manager called. On XXXX/XXXX/XXXX, I sent in a payment composed of XXXX checks : # XXXX in the amt. of {$240.00} for the monthly payment as had been requested by the SLS representative XXXX ; and # XXXX in the amt. of {$25.00} as a late fee. I paid this late fee even though I did not remit any payment late. I just wanted the slate cleaned for the time being. At the same time, I requested that this late fee be waived, since I was the aggrieved party here, and that SLS refund this amount to me as soon as possible. I had to do this same thing in order to clear a similar mess that resulted from the loss of my check # XXXX in XXXX XXXX. The fee was eventually refunded to me by SLS. Both of these checks have since cleared my bank account ; nevertheless, I just received a letter freezing the available funds in my HELOC account with the threat that " acceleration '' of the debt was a prospect. I sent a certified letter, return receipt requested to Specialized Loan Servicing 's president, XXXX XXXX, on XXXX/XXXX/XXXX but as yet have not received the post card indicating he had received it. The letter outlined the difficulties I 'd had and requested corrective action. All I want is that SLS cease harassing me about money I do n't actually owe. All I 'm asking is that they make a minor accounting correction in regard to my account.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 183XX
Submitted Via: Web
Date Sent: 2016-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-03
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Specialized Loan Servicing LLc sent me back a check ( copies enclosed ) for a payment to be added to Payments in suspense. My modification was was based on the amount of an old insurer, and has not been changed, new insurer is half the cost of previous. enclosed is copy of trial modification. Now I am in fear that I will lose my modification. I have had this problem with SLS in the past.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MO
Zip: 64050
Submitted Via: Web
Date Sent: 2016-09-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-02
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I refinanced my mortgage. Company issued a payoff to the title company, and then paid moneys from the escrow, which increased the payoff. They send me mail to my residence, which I received on Thursday evening, stating a figure to pay them to reconcile the account. Those moneys needed to be certified and they need to receive them by Friday @ XXXX. I sent them the money, by mail, which they received on Monday, they then posted the money to my payment account, not the payoff account, then held them until Thursday. What they did n't tell me was they were charging interest per day and the payoff, originally identified by Friday @ XXXX wouldnt have even been the correct amount ( They have charged me 6 days of interest ). They are telling me I now owe more money, because they sat on funds I sent them and interest has accrued. I have wired the additional money, but am still in limbo as to the status of the payoff. At this point, I have XXXX confidence that anyone at the company could tell me what the payoff amount is and how long that payoff amount will be good for.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CO
Zip: 80003
Submitted Via: Web
Date Sent: 2016-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-02
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX, XXXX - First Request and XXXX XXXX, XXXX - Second Request To : SLS RE : XXXX AND XXXX XXXX XXXX XXXX XXXX , CA XXXX BANKRUPTCY CASE # XXXX LOAN # XXXX PAYMENTS CONFIRMATION This letter addresses the following : 1 ) Issue : Incorrect information provided to The United States Bankruptcy Court regarding missed mortgage payments. Desired result : Notify the United States Bankruptcy Court that the information you have previously provided is a mistake and we are current on our payments. 2 ) Issue : Incorrect information reported to Credit Bureaus regarding missed mortgage payments. Desired result : Remove the falsely reported debts with the Credit Bureaus. To whom it may concern : 1. Incorrect information provided to The United States Bankruptcy Court regarding missed mortgage payments. On the document received on XXXX XXXX, XXXX ( document attached ), it states that I have a passed due amount of {$19000.00}. I called your customer service and it was explained to me that the past due balance was to cover a mortgage payment balance that exceeded the amount that was paid and covered under a bankruptcy, Chapter XXXX court pre-payment Plan. The amount paid to the Trustee under this Plan was {$28000.00}, and should have covered all past-due mortgage payments. At the same time, once the bankruptcy was filed, The United States Bankruptcy Court ordered me to continue making my monthly mortgage payments directly to XXXX XXXX XXXX, which I did. It appears that your records have not been updated to reflect the payments that were made to the Trustee as part of the Bankruptcy to cover all past-due payments. Therefore, it is incorrect for you to try to collect for these payments by basically applying current payments to this past due debt which is why you are showing me as past due for 5 months. Please provide me with your accounting records to show what payments you claim I have missed. Since XXXX XXXX, I have made my mortgage payments directly to Specialized Loan Servicing and have never missed a payment for which you are attempting to collect. I have attached a spreadsheet which shows all the payments that I have made directly to you and XXXX XXXX XXXX. Additionally, I 'm sending you copy of checks and XXXX XXXX Receipts as proof of the payments. We ask that you : - Please make the necessary changes to your records to show that our mortgage payments are current. - Notify the United States Bankruptcy Court that the information you have previously provided is a mistake and we are current on our payments. - Immediately contact the U.S. Credit Bureaus to remove the falsely reported debts from our credit report as this greatly affecting our credit scores. If you need any additional information, please do not hesitate to contact me at XXXX. Thank you, XXXX & XXXX XXXX XXXX XXXX, XXXX SPECIALIZED LOAN SERVICING LLC Structure Asset Mortgage Investments XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, CO XXXX Attn : Customer Care Support RE : XXXX XXXX After reading your letter dated XXXX XXXX, XXXX, you are mentioning that you has complied with the requirements in accordance with Fair Credit Report Act ( FCRA ). We still consider that the information you provided to the credit bureaus is incorrect. We have been paying our mortgage payments since we were instructed by the United States Bankruptcy Court on XXXX XXXX after we filed a Chapter XXXX bankruptcy case. The first payment was made to XXXX XXXX XXXX on XXXX/XXXX/XXXX for the amount of {$3100.00}, from then and on, we continued making our monthly payment until the account was transferred to you on XXXX XXXX. I am sending you as much information I can submit. Although, I already sent you all of the same document via snail mail. Please let me know if you need anything else. Thank you,
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 94565
Submitted Via: Web
Date Sent: 2016-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-01
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: SLS continues to improperly withhold PMI even after the LTV has dropped below 78 %. Many calls were made to handle this and the company states their policy requires a wait XXXX 45 days.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 070XX
Submitted Via: Web
Date Sent: 2016-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-08-31
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: After my loan was transfer to my new lender. I did applied for a modification to obtain an affordable interest rate, consequently a better payment. After a long journey of sending documents and contacting the bank. My lender approve a modification with a successfully 3 trial payments. I received the final modification with no change of interest rate and a higher payment. much higher than before the modification, plus the term of loan has been extended for more years and increase of payment. Now the lender said is the best I can do take or face foreclosure.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 917XX
Submitted Via: Web
Date Sent: 2016-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-30
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our issue is that Specialized Loan Services not applying our Home mortgage payments in a time manner. They hold the payments for no reason. Here is a good example. Keep Your Home California help us approving {$49000.00} last year in XXXX XXXX. SLS received the {$49000.00} From KYHC in XXXX XXXX and they just applied to our account over a year later and after hundreds of calls to them and they finally applied the money with KYHC help. Also right now they are showing that we have n't send any payments since XXXX, XXXX. On XXXX XXXX, XXXX we submitted a bank statements to proof of payments for all these months and following with phone calls with out any response yet. as today our loan payment history it 's a mess and we do n't see a way of resolution. Here is some history on how the mess started. when Specilized Loan Services received the {$49000.00} from Keep Your Home California they applied to our loan account and sent a statement letter which explained the new do payment amount so we started to send the specified payment amount since then but they pulled the {$49000.00} from our account and when we questioned why that happened they argument ed that they still need the signed Agreement for Modification of a Mortgage Re-amortization Only. Which we signed and mailed to them at the binning of the process. I can remember how many times we signed the Agreement and re-sent it to them and we have records of proof of delivery for the document. i really believe that this is a fraud. We really need some professional assistance to solve this issue. Thank you.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 94579
Submitted Via: Web
Date Sent: 2016-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes