Date Received: 2016-08-24
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been requesting a short sale for the last 18 months, Select Portfolio has been giving me the run around, they have been delaying the process by giving me conflicting information, I have been sending documents for over 18 months and their delay has caused me stress, cost me thousands of dollars in attorney 's fees and currently now I may probably lose the buyer and have a Foreclosure on my record. I have been calling the lender every other day for the past 18 months requesting them to review the documents, I have since lost XXXX buyers due the Select Portafolio delaying the process by not being responsive. In the last month alone I 've called 10 times trying to get an update as to the status of the short sale. Every single person taking my call has given me different information, and most of the times the information was inaccurate. No one seems to take responsibility for delaying the process or for giving you erroneous information regarding my account. I need assistance. My XXXX review was submitted on XXXX XXXX, 2016 and to this day no one has reviewed the documents or started the review.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33067
Submitted Via: Web
Date Sent: 2016-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My loan account was transferred from XXXX to Select Portfolio Servicing as of XXXX XXXX, XXXX. I had been granted a 24 month modification from XXXX after an appeal to a denied modification in XXXX XXXX. I was seeking a PERMANENT modification so I contacted XXXX again in XXXX XXXX, XXXX after noticing that my monthly statements beginning with XXXX XXXX indicated that my 2 % interest rate had been changed from XXXX XXXX to XXXX XXXX. I wanted to ensure that a " permanent modification '' had been granted based upon the 2 % interest rate that was indicated on my monthly statements. I received written communication in XXXX XXXX from XXXX indicating that as of XXXX XXXX my monthly payment would be {$730.00} at a 2 % interest rate which is AFTER the completion of the 24 month modification. In XXXX XXXX I received communication from XXXX indicating my loan had been transferred to Select Portfolio Servicing. I contacted XXXX to inquire " why '' my loan was being transferred after I had spent the last 3 years working toward a payment that I could handle and I was told " this loan was n't beneficial to XXXX anymore. '' I concluded that statement to mean " XXXX was no longer collecting an interest rate at the 9.84 % rate which netted {$1100.00} in interest alone. I received my monthly statement from Select Portfolio Servicing which indicated a payment of {$1400.00} due XXXX XXXX, XXXX. I informed SPS of my prior arrangement with XXXX in reference to the 2 % interest rate until XXXX XXXX indicated on my monthly statements and the payment of {$730.00}. SPS conducted a review of my account and concluded that the letter sent to me from XXXX in XXXX XXXX was sent during the 24 month modification period that indicated my payment as of XXXX XXXX in the amount of {$730.00} was not an extension of the 24 month modification, although the modification ended in XXXX XXXX and my inquiry asked about the mortgage payment as of XXXX XXXX. I personally spoke with representatives from SPS Ombudsmans office, on XXXX XXXX, XXXX at XXXX I received a call from XXXX XXXX. I explained the entire situation to her. She informed me that she would assist in rectifying this situation. I received a letter from SPS on XXXX XXXX, XXXX indicating the investigation had been complete and that my payment is {$1400.00}. I called and spoke with XXXX XXXX, she indicated that the 2 % interest rate indicated on my monthly statements from XXXX XXXX to XXXX XXXX probably was an error, miscommunication by XXXX and an unfortunate situation but there was nothing else they could do regarding the previous agreement with myself and XXXX since XXXX did not provide the most recent agreement of 2 % interest rate until XXXX XXXX and {$730.00} payment in a " New Loan Modification Agreement ''. The only agreement XXXX sent SPS was the 24 month modification with a payment of {$680.00}. I received the home in a divorce decree on XXXX XXXX, XXXX. I was ordered to refinance the home. I tried but was denied in XXXX XXXX due to negative equity. I have spent 3 years working with XXXX trying to obtain a manageable mortgage only to endure this same process with SPS. How is it legal for mortgage lenders and servicers to continuously be deceitful and dishonest with consumers by not disclosing ALL information and the most recent " communications '' when service is transferred? How can a DATE indicated on a mortgage statement be viewed as " probably an error '' for 8 full months? Under the " New Rules '' it states No Surprises-clear monthly statements. This is extremely unfortunate that even after the Consumers Financial Protection Bureau has set " Rules '' and Guidelines '' in place, misconduct is continuously being displayed. I am also filing a formal complaint with the Utah Attorney General XXXX XXXX ( SPS ) and Florida Attorney General ( XXXX ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 48091
Submitted Via: Web
Date Sent: 2016-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-08-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have sent financials and request for modification to my mortgage co. SPS Several time over the last 2 years. Select Port Folio has been rude and not willing to help me. I want to keep my house. I received a letter from XXXX XXXX XXXX stating that my property will be sold XXXX XXXX, 2016. The property foreclosure letter was received 15 days prior to the property foreclosure sale. See Attachments In Tennessee it is the law notice of property foreclosure sale has to be sent to the Homeowner 30 days prior to the sale They have the paper work to modify my mortgage. Please HELP
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38141
Submitted Via: Web
Date Sent: 2016-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My mother, XXXX XXXX XXXX passed on XXXX XXXX, XXXX. I am the Successor Trustee Of The Estate, The XXXX XXXX XXXX Living Trust. SPS acknowldege me, and approved me for a Trial Modification Home Retention option, in which correspondence I uploaded dated XXXX XXXX, XXXX, and I complied with the Trial Payments. On XXXX XXXX, XXXX I received the permanent loan modification documents, in which I signed the agreement and sent back to SPS on a timely manner, uploaded the Permanent modification documents. XXXX XXXX, XXXX after I complied with the trial period payment, after I signed and sent back the agreement SPS sent me I received correspondence from SPS informing me They were NOT going to go through the Home Affordable Modification, which agreement I accepted, signed, and sent back, because they are unable to verify my identity. Mind you, I complied with everything that was asked of my, documents, payments, and they breached the agreement we reached. On XXXX XXXX, XXXX I received correspondence from SPS returning my first permanent modified payment to me. I am at loss for words with all that has happened and continues to happen. I am now facing foreclosure because SPS decided to renege on the agreement reached in which to I signed acceptance to, and payments were cashed. Please help me avoid foreclosure.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90601
Submitted Via: Web
Date Sent: 2016-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I got behind on my mortgage payments the last part of last year ( 2015 ) I applied for a modification, as I was instructed to do so by XXXX bank and not to make payments. My loan then was sold to SPS and my modification was denied, I submitted an appeal which is currently in review.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NM
Zip: 88240
Submitted Via: Web
Date Sent: 2016-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-23
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: This is a complaint disputing SPS Inc. unethical, unlawful and deceptive response to allegations of attempted mortgage fraud through a scheme devised to commit Thief by deception, Thief by Taking and Thief by way of U S mail fraud. This complaint is filed pursuant to FDCPA 15 U.S. Code 1692e - False or misleading representations where a Clear Pattern and Practice of Deception exist. - IT IS IMPERATIVE that this Administrative Tribunal READ EVEDENTARY EXHIBIT XXXX submitted with this complaint. It clearly shows fraud, deception and intentional misrepresentation of material facts. 1. This is a case where SPS Inc. bought collection rights to an account that both SPS Inc. and XXXX, ( the seller ) knew or should have known were charged-off and closed on or before XXXX XXXX, XXXX. 3. SPS Inc, in response to Case number : XXXX has forwarded to the CFPB an electronic document. The manner in which the response was made is unlawful and unethical in that it is completely different from the written response forwarded to me by U. S Mail. As evidence see SPS Inc. electronic response in case # XXXX, then see EXHIBIT XXXX, ( SPS Inc. written response sent to me by U S mail ). 4. In the electronic version SPS XXXX submitted to the CFPB, it does not dispute or address the evidentiary documents I submitted in Case number : XXXX. 5. However, SPS Inc., in its written response to me, it is challenging the facts I submitted as evidence. Whereas SPS Inc. is asserting that the charged-off and closure of the account referred to in Case number : XXXX is a secured account held by XXXX XXXX trust, and that SPS Inc. have a right to foreclose in the name of the previous Trust -- although XXXX XXXX XXXX says otherwise. See Case number : XXXX EXHIBIT XXXX at XXXX where XXXX XXXX XXXX says in no uncertain terms, ( " Account transferred to another LENDER '' ) in XX/XX/XXXX, more than 3 years after charge-off and closure of the account. 6. SPS Inc, in an effort to conceal form the CFPB and other regulatory authorities its continued use of an unlawful Pattern or Practice of using non-judicial foreclosure as a collection tool where there is no present security interest HELD is still in full force and effect. Therefore, I must assume that they intend to us the Pattern or Practice against me again. 7. This is as simple as SPS Inc intentionally submitted dual, but ambiguous responses to Case number : XXXX, where one response is to the CFPB, and a different one, with a different content is sent to me by U S Mail. 8. It is an effort to evade the scrutiny of the CFPB and other regulating authorities. SPS Inc has employed this method of collection 7 times in the past 8 months, and I am sure it is being used in other situations on citizens ( it should be stopped ) 9. SPS Inc. is using the previous purported secured lender 's name ( who no longer owns the debt ) as a pretexts to continue foreclosing or threaten to foreclose on my property. SPS Inc. knows that collection on the reference account as to secured or unsecured debt is now time barred. 10. SPS Inc. has no present right to possession of the property claimed as collateral for the following reasons :
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2016-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-24
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: Numerous errors and discrepancies found after reviewing documents
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60440
Submitted Via: Web
Date Sent: 2016-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-21
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX, IA XXXX Headquarters address Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX Dear XXXX XXXX ; This is XXXX XXXX 's response to following SPS compliant responses : Based on the generic quality of the SPS responses I assume the following : Attached is my most recent SPS mortgage statement. Please note that the escrow exceeds P & I, which is an uneconomic position that I have carried for 11 years. Please not that I did not get a principal reduction from XXXX at the point of my XX/XX/XXXX modification. This would have brought be great relief. XXXX substituted the principal reduction with a {$140000.00} Deferral. A reduction would have opened refinance options and reverse mortgage My monthly payment after the XXXX modification is higher that my payment prior to modification. Today I am seeking a short sale or a long-term principal reduction because I can no longer afford the payments since I am a XXXX XXXX. SPS is not interested or willing to investigate and negotiate with me. All of my savings are in this home. Another interest point in the amortization and home payment history. My principal balance remains equivalent to the origination principal after 11 years and paying off XXXX mortgages. SPS consistently avoids the Fraud Challenges of the original Mortgage and modification. I would encourage CFPB to instruct SPS to contact and work with the originator and modifiers Sincerely, XXXX XXXX, XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30319
Submitted Via: Web
Date Sent: 2016-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-20
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: SPS bought my loan from XXXX a couple of years ago. This year, they began trying to raise my mortgage payment up to more than {$200.00} a month. When I asked for an explanation I got different answers from different reps. The first told me that XXXX County had contacted them and told them I had n't paid enough in taxes in 2015. I viewed my tax bill online and called the county tax assessor. Not true. I paid in full and early. The next rep told me that SPS had underescrowed and the {$200.00} more a month was to address the deficit. At the time, there was about {$1900.00} in my escrow account. NC allows lenders two months of escrowed amounts. My escrowed items are {$580.00} a month, so they already had more than required. But, it was either {$200.00} more a month or I needed to pay a lump sum of more than {$2000.00}. Other letters followed these conversations. One reached way back to when my loan originated with XXXX bank and gave me a balance that was about {$75000.00} more than I owed. Another letter said the extra escrow amounts would be spread over two years at about {$40.00} a month more. Another letter said they only needed to increase my payments by around {$30.00} a month. Today, I was told that SPS discovered I had overpaid and they issued me a check in XX/XX/XXXX. I never got one. Today, I was also told that there was a deficit of only {$41.00} in total. Throughout this I have continued to make my same payment of {$1500.00}. My account shows that my monthly payment is {$1600.00}. But, there is no balance carrying forward and no late penalty assessed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 27514
Submitted Via: Web
Date Sent: 2016-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-08-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This complaint involves Select Portfolio Servicing ( SPS ) attempting to collect a debt that they do not have any financial or legal interest to do so. Further, SPS again failed to respond to the specific request for information submitted through the CFPB complaint portal. I received a letter from SPS dated XXXX XXXX, XXXX, which claimed SPS was " a servicer for the registered shareholders of XXXX XXXX XXXX, Mortgage Pass-Through Certificates ''. According to the SEC, there are no shareholders as of XXXX because the trust was dissolved/terminated, according to their records. SPS has failed to prove XXXX XXXX XXXX, Mortgage Pass-Through Certificates still exists and provide information about the registered shareholders of the trust they represent. Further, when I contacted the former Trustee of XXXX XXXX XXXX, Mortgage Pass-Through Certificates, XXXX Bank, I was told they have no interest in XXXX XXXX XXXX, Mortgage Pass-Through Certificates and that those certificates were terminated in XXXX. My specific request of SPS is the following : 1. XXXX XXXX XXXX XXXX, Mortgage XXXX Certificates exists. 2. Prove there are shareholders to XXXX XXXX XXXX, Mortgage XXXX Certificates that you represent 3. XXXX XXXX Bank is the Trustee. 4. SPS counsel sign an affidavit stating they have examined all documents submitted to XXXX XXXX County Recorder 's Office and certify there is NO fraud. 5. Document the individual person ( name, title, contact info ) whom SPS has spoken/met with who has direct knowledge of the facts of the alleged loan you are attempting to collect by foreclosing on my home. Also, provide the date, time and evidence the conversation ( s ) occurred. NOT A COMPUTER PRINTOUT OR A COPY OF A DOCUMENT FILED WITH THE COUNTY RECORDER 'S OFFICE. 6. Provide verification that the person who signed any documents provided to the XXXX XXXX County Recorder 's Office involving my home worked for the company they purport to represent on the document.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90043
Submitted Via: Web
Date Sent: 2016-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes