Date Received: 2019-02-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have a loan with SELECT PORTFOLIO SV CIN. I have always made all of my payments on time. One day I decided to check my fico scores with all 3 major credit bureaus, and I realized that there was a late payment on my XXXX credit report. As you can see, I have always had a stellar payment record with this company. I tried contacting XXXX and SELECT PORTFOLIO SV CIN with no successful resolution. XXXX only reporting me late on my account which stopped recording payment information since XX/XX/2013, that is 6 years ago! There was definitely an error on their part, as I was never 90 days late for four times, and 120 days late for five times.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95008
Submitted Via: Web
Date Sent: 2019-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX ( XXXX ) XXXX XXXX SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF XXXX XXXX XXXX XXXX XXXX AS TRUSTEE IN TRUST FOR THE HOLDERS OF XXXX XXXX XXXX ASSET-BACKED CERTIFICATES, XXXX XXXX, Plaintiff, vs. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, AND XXXX XXXX, Defendant Case No. : XXXX REQUEST FOR PLANITIFF TO PROVIDE INFORMATION REQUESTED TO THE NEW YORK STATE ATTORNEY GENERAL I am the defendant XXXX XXXX appearing pro-se. I have been unsuccessful in trying to obtain an attorney because I am XXXX. I only have enough money to live on and pay my monthly bills. XXXX XXXX XXXX XXXX AS TRUSTEE IN TRUST FOR THE HOLDERS OF XXXX XXXX XXXX ASSET-BACKED CERTIFICATES, XXXX XXXXXXXX and XXXX XXXX XXXX XXXX, AS TRUSTEE, IN TRUST FOR THE HOLDERS OF XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SELECT PORTFOLIO SERVICING, INC. Do not have any rights to XXXX XXXX XXXX XXXX XXXX XXXX New York XXXX. The only bank that have rights to my home is XXXX XXXX XXXX XXXX XXXX because I have a home equity loan with them. I paid for my home when I got a settlement from my workers compensation case {$81000.00} after my attorney fees XXXX XXXX. I paid XXXX XXXX XXXX XXXX. on behalf of Select Portfolio Servicing. The New York State Attorney General is now involved and XXXX XXXX XXXX XXXX XXXX because I am a XXXX XXXX XXXX XXXX. The have labeled this a scam and they are requesting information. The New York State Attorney Generals Office told me to ask the Plaintiff for this. I expect this to be supplied to immediately. They are going to investigate it again because XXXX XXXX XXXX took my money. Attorney XXXX XXXX never responded to my emails. When I called her, she told me I had to send her a letter. I am asking the court to make her, and her clients provide what I need so the New York State Attorney General can investigate this case again. Please see attached email request for information. 1. Names and History of Banks That Claimed the owned the Mortgage? 2. Who is SPS currently servicing for this Mortgage? 3. Names of All Attorneys Used To Try to Foreclosure On Mortgage? 4. Note? 5. Rider ( s )? 6. Mortgage/Deed of Trust? 7. Truth in Lending Statement? 8. HUD-1 Settlement Statement? 9. Verification of Mortgage? 10. What was XXXX XXXX XXXX Fee? 11. Proof of Monies collected by XXXX XXXX XXXX Firm? XX/XX/2019 Defendant Pro Se REQUEST FOR PLANITIFF TO PROVIDE INFORMATION REQUESTED TO THE NEW YORK STATE ATTORNEY GENERAL - 1
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 109XX
Submitted Via: Web
Date Sent: 2019-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-04
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I will now post evidence that the history of payments by Select Portfolio Servicing , Inc . is in error ; and therefore proves the importance of the corrections necessary, to be made to my account : First, Select Portfolio Servicing , Inc. sent, to my address, a history of the payments they said I made to their company but have left out important payments. I will attach the Select Portfolio Servicing , Inc. history sent. I have recently acquired from XXXX XXXX, a legally documented payment history. This document was sent to me after requesting a history of all payments sent to Select Portfolio Servicing , Inc. through " XXXX XXXX '' payment processing. You can clearly see that not all of the payments made through XXXX XXXX to Select Portfolio Servicing, Inc.are documented on Select Portfolio Servicing , Inc. 's history : Note- I will also respond with the payments through XXXX XXXX when that history becomes available as a precaution ; as I began all payments through XXXX XXXX . Second, I am still confused as to why the latest letter from Select Portfolio Servicing , Inc. states that I owe for " XX/XX/2018 '' on a letter dated XX/XX/2018 but my billing statements read that I owe almost {$4000.00}. And as the XXXX XXXX payment history proves, I Never Missed A Payment to Select Portfolio Servicing , Inc .
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 19146
Submitted Via: Web
Date Sent: 2019-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Dear Madam or Sir : I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days. Please treat this letter as a " qualified written request '' under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ). I am writing to you to complain about the accounting and servicing of my mortgage and my need for understanding and clarification of various charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of my loan from its origination to the present date. To date, the documents and information I have, that you have sent me, and the conversations with your service representatives can not answer my many questions. It is my understanding that your company has been accused as engaging in one or more predatory lending and servicing schemes. As a citizen, I am extremely concerned about such practices by anyone, let alone my own mortgage company or anyone who has held a beneficial interest in my QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 2 of 8 loan. I am concerned that such abuses are targeting the uneducated and uninformed consumer and disadvantaged, poor, elderly and minorities. Needless to say, I am more concerned as an alleged borrower. I am worried that potential fraudulent and deceptive practices by unscrupulous mortgage brokers ; sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance balance sheets ; deceptive, abusive and fraudulent accounting tricks and practices may have negatively affected my credit rating, mortgage account and/or the debt or payments to which I am legally obligated. Because of this and other reasons that leave me to believe that I may be a victim of predatory lending, I am disputing the validity of the current debt you claim I owe. By debt I am referring to : 1. The principal balance claimed owed ; 2. My calculated monthly payment, 3. Calculated escrow payment 4. And any fees claimed to be owed by you or any trust or entity you may represent. I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income may have been inflated on the application. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. It is also my belief that certain documents may have not been presented at all. Additionally, I believe that a notary was not physically present to witness my signatures on several pertinent documents and that I was ill advised at the time of closing. To independently validate my debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date. Upon receipt of this letter, please refrain from reporting ANY negative credit information [ if any ] to any credit-reporting agency until you respond to each of my requests. QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 3 of 8 I also request that you kindly conduct your own investigation and audit of my account since its inception to validate the debt you currently claim I owe. I would like you to validate this debt so that it is accurate to the penny! Please do not rely on previous or current servicers or originators records, assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account. I understand that potential abuses by you or a previous servicer could have deceptively, wrongfully, unlawfully and/or illegally : 1. Increased the amounts of my monthly payments 2. Increased the principal balance I owe ; 3. Increased my escrow payments ; 4. Increased the amounts applied and attributed toward interest on my account ; 5. Decreased the proper amounts applied and attributed toward principal on my account ; and/or 6. Assessed, charged and/or collected fees, expenses and misc. charges I am not legally obligated to pay under my mortgage, note and/or deed of trust. 7. I am thinking about contracting the XXXX XXXX XXXX XXXX and/or one of their affiliates to perform a forensic document review of your investigation and audit of my account. To help me decide if I am going to move forward with a third party auditing company, I need : ( 1 ) copies of all documents pertaining to the origination of the alleged mortgage and note including my loan application ( s ), Right to cancel, deed of trust, note, adjustable rate note, addendum to the note for the interest only payment period, truth in lending statements, good faith estimate ( GFE ), HUD 1, appraisal, and all required disclosures and rate sheets QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 4 of 8 associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety. ( 2 ) A copy of the loan history including all payments made, all fees incurred, what has been paid out of the escrow account, and how all payments were applied. This information should cover the ENTIRE life of the loan. I want to insure that I have not been the victim of such predatory practices. To insure this, I will be authorizing a thorough review, examination, accounting and audit of my mortgage LOAN # XXXX by a team of mortgage auditors predatory lending experts, consumer advocates, local non-profit agencies, compliance consultants and if needed LEGAL ADVOCATES. This exam and audit will review my mortgage loan file from the date of my initial contact, application and the origination of my loan to the present date written above. As such, please treat this letter as a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 2605 ( e ) ( 1 ) ( B ) ( e ) and Reg. X 3500.21 ( f ) 2 of the United States Code as well as a request under Truth In Lending Act [ TILA ] 15 U.S.C. 1601, et seq. RESPA provides substantial penalties and fines for non-compliance or failure to answer my questions provided in this letter within sixty ( 60 ) days of its receipt! In order to conduct the examination and audit of my loan, I need to have full and immediate disclosure including copies of all pertinent information regarding my loan. The documents requested and answers to my questions are needed by myself and my experts to insure that my loan : 1. Was originated in lawful compliance with all federal and state laws and regulations including, but not limited to RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws ; 2. That any sale or transfer of my loan was conducted in accordance with proper laws and was a true sale of my note ; QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 5 of 8 3. That the claimed holder in due course of my promissory note and/or deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments ; 4. That all appropriate disclosures of terms, costs, commissions, rebates, kickbacks, fees etc. were properly disclosed to me at the inception of my loan ; 5. That each servicer and/or sub-servicer of my mortgage has serviced my mortgage in accordance with the terms of my mortgage, promissory note and/or deed of trust ; 6. That each servicer and sub-servicer of my mortgage has serviced my mortgage in compliance with local, state and federal statutes, laws and regulations ; 7. That my mortgage loan has properly been credited, debited, adjusted, amortized and charged correctly ; 8. That interest and principal have been properly calculated and applied to my loan ; 9. That my principal balance has been properly calculated, amortized and accounted for ; 10. That no charges, fees or expenses, not obligated by me in any agreement, have been charged, assessed or collected from my account ; As such, please send to me, at my address above, copies of the documents requested below as soon as possible. Please provide me copies of : 1. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to XXXX or XXXX XXXX system, or any other similar mortgage servicing software used by you, any servicers, or subservicer of my mortgage account from the inception of my loan to the date written above. 2. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review my mortgage account may properly conduct their work. 3. All assignments, transfers, allonges, or other document evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other document that secures QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 6 of 8 payment by me to my obligation in this account from the inception of my loan to the present date including any such assignments on XXXX. 4. All records, electronic or otherwise, of assignments of my mortgage, promissory note or servicing rights to my mortgage including any such assignments on XXXX. 5. All deeds in lieu, modifications to my mortgage, promissory note or deed of trust from the inception of my loan to the present date. 6. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicer of my account for payment of any monthly payment, other payment, escrow charge, fee or expense on my account. 7. All escrow analyses conducted on my account from the inception of my loan until the date of this letter. 8. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on my disclosure statement including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. 9. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others or me on my account. 10. All letters, statements and documents sent to me by your company. 11. All letters, statements and documents sent to me by agents, attorneys or representatives of your company. 12. All letters, statements and documents sent to me by previous servicers, sub-servicers or others in your loan file or in your control or possession or in the control or possession of any affiliate, parent company, agent, sub-servicer, servicer, attorney or other representative of your company. 13. All letters, statements and documents contained in my loan file or imaged by you, any servicer or sub-servicers of my mortgage from the inception of my loan to present date. 14. All electronic transfers, assignments, sales of my note, mortgage, deed of trust or other security instrument. QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 7 of 8 15. All copies of property inspection reports, appraisals, BPOs and reports done on my property. 16. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense, which has been charged to my mortgage account from the inception of my loan to the present date. 17. All checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date. 18. All agreements, contracts and understandings with vendors that have been paid for any charge on my account from the inception of my loan to the present date. 19. All loan servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, loan histories, accounting records, ledgers, and documents that relate to the accounting of my loan from the inception of my loan until present date. 20. All loan servicing transaction records, ledgers, registers and similar items detailing how my loan has been serviced from the from the inception of my loan until present date. Please provide me, with the documents I have requested and a detailed answer to each of my questions within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to a further document request and answers to questions under an additional QWR letter. Copies of this Qualified Written Request, Validation of Debt, TILA and request for accounting and legal records, Dispute of Debt letter will be sent to FTC, HUD, ALL RELEVANT STATE AND FEDERAL REGULATORS ; CONSUMER ADVOCATES ; AND MY CONGRESSMAN if any further evasive actions are detected or this matter is not settled. It is my hope that you can answer my questions, document and validate my debt to the penny and correct any abuses or schemes uncovered and documented. I would like to have validation that the QUALIFIED WRITTEN REQUEST COMPLAINT DISPUTE OF DEBT/ VALIDATION OF DEBT TILA REQUEST Page 8 of 8 foreclosure process has been put on hold or will be extended until all of my request have been satisfied. Please provide for me an answer at the same time that you acknowledge my request within 20 business days. Sincerely, Address XXXX XXXX XXXX XXXX XXXX Ca, XXXX # Account XXXX XXXX XXXX ... ..date XXXX ... ... ... ... ... ... ... ... .... Signed by Home owner XXXX XXXX XXXX* CC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX Federal Trade Commission XXXX XXXX XXXX XXXX XXXX Washington, DC. XXXX Government & Industry Relations XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Washington, DC XXXX Office of RESPA and Interstate Land Sales Office of Housing, XXXX XXXX US Department of Housing and Urban Development XXXX XXXX XXXX,
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90631
Submitted Via: Web
Date Sent: 2019-02-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-01
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I made a payment on the automated system for my XX/XX/XXXX payment on the XXXX of the month in the scheduled amount of {$1800.00} I usually make my payments online via the website but on this occasion the online system would not accept my payment for an unknown reason. The payment was processed and on XX/XX/2018 the payment was rejected. I inquired with my bank and the mortgage company regarding why the payment was rejected. The mortgage company said the payment was returned for non sufficient funds. My bank told me that the payment was processed under a name other than my own, so my bank rejected the payment because of possible fraud. So in the meantime, the XX/XX/XXXX payment was delinquent and reported on my credit report as a more than 30 day late payment. I filed a dispute with my mortgage company on XX/XX/2018 regarding the payment being processed under a name other than the name on my bank account and explained to them that I have been using the same bank account information for at least the last 12 months with no problem. I provided documentation from my financial institution the reason the payment was rejected, which was not do to insufficient funds but was rejected do to facts stated above. I believe the problem was that the mortgage company automated system does not ask for a name to process the payment under. It only ask for the bank account information excluding a name, and the amount to be processed. The mortgage company did not agree that there was an error or their part despite the letter of explanation proving that I was not at fault and the documents given from my financial institution explaining why the payment was rejected. I requested that the mortgage company reverse the reported late payment from the credit bureau due to the facts above and they denied my request. Do to this incident I have been negatively impacted. My credit score has been negatively affected. I was unable to refinance my home and I have been labeled as high risk for any future borrowing options.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89081
Submitted Via: Web
Date Sent: 2019-02-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-01
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am complaining about SPS because they did not properly respond to the debt validation letter I sent. The ceo of SPS did not respond TILA recissionni sent. XXXX XXXX did not respond to the TORT letter I sent. All of these letters were sent XX/XX/2019. The three letters were ignored and my house was put in foreclosure. I would like for SPS to stop the XXXX sale date.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30022
Submitted Via: Web
Date Sent: 2019-02-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-31
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Requested a mortgage modification several times the last past year with my mortgage servicer Select Port Folio. They have been unwilling to work with me to save my home from a property foreclosure sale. There is a sale date set for my property XX/XX/2019. I've recently submitted another request for mortgage modification Please assist me with retaining ownership of my home.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38016
Submitted Via: Web
Date Sent: 2019-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage was owned and serviced by XXXX. My loan was sold to Select Portfolio Servicing, Inc. ( SPS ). Previously my loan had been on automatic payment for 12 years with XXXX. Upon the transfer SPS I was required to arrange for new automatic payment. I did so, but SPS took an unreasonably long time to process my request ( 45 days ). During that unreasonable delay my payment became due and was not made despite my ACH application. This caused my account to be in default which ceased further ACH payment and caused fees to be applied to my account and potentially derogatory information on my credit report. I logged in to the SPS website and there was no option to actually pay the full amount due to bring the account current. The only way to do that is call SPS and manually request full payment in time to allow the original ACH scheduling process to go through. Put another way, I applied for ACH payments on XX/XX/XXXX. As of XX/XX/XXXX no ACH had been taken and I was in an endless trap to never have ACH payments made and never bring my account current.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92618
Submitted Via: Web
Date Sent: 2019-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-28
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: This complaint is related to loan modification in XX/XX/XXXX with XXXX XXXX. Due to severe hardships at that time facing foreclosure on my family primary residence, the delinquent interest {$51000.00} on the loan was negotiated and settled with the payment of {$13000.00} as full and final amount. Then a note agreement was issued by XXXX XXXX in XX/XX/XXXX detailing the new payment schedule along with the actual loan amount. There was no mention of {$51000.00} in that note agreement as it was settled with the payment of {$13000.00}. Please refer to attachments for proof of payment, XXXX XXXX note agreement and communication with the service provider. After this arrangement, the mortgage account was serviced by XXXX XXXX from XX/XX/XXXX - XX/XX/XXXX and subsequently Select Portfolio Servicing ( SPS ) Inc. is servicing the account from XX/XX/XXXX until now. Both service providers started showing the {$51000.00} as outstanding and added the amount to loan balance which is incorrect. Neither have accounted for the {$13000.00} collected by the predecessor service provider XXXX XXXX. Despite my communication to both of them in writing with evidences of payments and the note agreement drawn in XX/XX/XXXX, the matter is unresolved. I want them to remove this figure XXXX pertaining to XXXX interest as it was settled with the payment of {$13000.00} per agreement between me and XXXX XXXX in XX/XX/XXXX. The responsible party to this dispute is Select Portfolio Servicing Inc. as XXXX XXXX is no longer handling the mortgage account. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95120
Submitted Via: Web
Date Sent: 2019-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-01-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This is about an issue that I have addressed several times. I have been assigned case numbers repeatedly. To date, without success from CFPB.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A