Date Received: 2016-06-28
Issue: Making/receiving payments, sending money
Subissue:
Consumer Complaint: This complaint is about being self sufficient. The only thing that we have ever requested form Select Portfolio Servicing Inc. hereafter referred to as SPS. From the beginning our position was to pay our taxes and insurance ourselves, by doing this we could pay their principal and interest ever month that they require, We fell by doing this we would pay SPS payment BY THE XXXX of Each Month. We would also have some money left over to get other things, such as XXXX, ( see XXXX ) to protect our investment. Whereas, then we could put some money on the principal to bring the loan amount down within a year considerably. d ) We also know our finances and when they come in doing the month. Therefore, we know how to schedule out those payments so that we would not ever fall behind on any of our Loans, Home and Car. We could even put a little something up to pay on our credit cards which would improve our credit score, thus improving us sell our house and move into our dream house, or we could get another Bank to take our loan with a lower interest rate. SPS want to take advantage of consumers. So we can see why people filed complaints against Select Portfolio Servicing Inc . The Company is trying to steal a property that was appraised at {$320.00} XXXX home for XXXX dollar investment as of XXXX 2016. We feel the second reason for this is that SPS knows when we receives our income and how we receive it because of our last modification when we had to show the income that which was coming in, therefore, this is why SPS put our payment plan to pay by the XXXX of the month, so they could always report to the credit reporting agencies that we are late on our monthly payments. Our We also know our finances and when they come in doing the month. Therefore, we know how to stretch out those payments so that we would not ever fall behind for them to every foreclose on our property ever again. XXXX knew they would taking half of our resource monthly by placing an escrow account on us. So we can see why people filed complaints against Select Portfolio Servicing Inc . 1. See the XXXX Attached complaints XXXX XXXX XXXX pages XXXX. See the XXXX Attached complaints Why Wo n't the Government Help Against Select Portfolio Servicing Inc. Fraud. 3 pages XXXX. See the XXXX Attached consumer complaints and reviews about Select Portfolio Servicing Inc. XXXX pages We are asking The Department of Housing and Urban Development, Consumer Federal Protection Bureau, to investigated these allegations.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93304
Submitted Via: Web
Date Sent: 2016-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-28
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: 1. This Complaint is filed pursuant to 15 U.S. Code 1692f - Unfair Practices and FDCPA 15 U.S. Code 1692e, and is directed specifically at continued non-compliance by XXXX XXXX, XXXX. and Select Portfolio Servicing Inc. hereafter SPS Inc.. 2. This complaint is related to CFPB, complaints # XXXX and # XXXX previous filed by me on XXXX XXXX, 2016 and XXXX XXXX, 2016. The complaint was submitted by the CFPB to XXXX XXXX, XXXX. and SPS Inc. on XXXX XXXX, 2016. I receive notification on XXXX XXXX, 2016 that the parties had in fact received notification or communications form CFPB on my behalf. However, XXXX XXXX, XXXX. and SPS Inc. are continue their non-comply with the FDCPA statute requiring them to stop all collection actions as required by the cease and disease. 3. Select Portfolio Servicing Inc. has falsely asserted that we made a request for information on XXXX XXXX, 2016. The false assertions are made in written documents and can be consumed and relied upon by government agencies/authorities and judicial bodies when making decisions on certain issues. See EXHIBIT-XXXX. The statement below made by SPS Inc. is completely false. It is fabricated by SPS Inc., and it is the intentional misrepresentation of material facts to facilitate the continuation of SPS Inc. illegal collection efforts. The false assertion are as follows : " ( Select Portfolio Servicing, lnc. ( SPS ) acknowledges your request for information regarding the name of the " owner '', sometimes also referred to as the " investor '', " creditor '', and/or " note holder '', of the above referenced account. ) '' 4. SPS Inc. are using document that contain assertion they devised to by-pass FDCPA regulations. SPS Inc. are answering request that were never made and sending XXXX to XXXX document in response to their fake REQUEST thy themselves concocted and claimed it was a request we made. SPS Inc. is in fact intentionally fabrication what could become material facts. Thus, they are in violation of FDCPA. 5. There is an ongoing unlawful effort by SPS Inc. and XXXX XXXX, XXXX to intimidate, harass, and coerce us into giving them a secured interest in our property. 6. SPS Inc., after receiving affirmative communications from the CFPB that a cease and desist had been filed they are continuing to communicating with us regarding a debt and urging us to modify a purported loan. 7. SPS Inc. and XXXX XXXX, XXXX, after receiving affirmative communications form CFPB on my behalf is continuing to make threats through U S Mail to take action that can not legally be taken. FOR THE RECORD 8. As to the non-judicial foreclosure advertisement of a SALE UNDER POWER of our property at XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX Georgia, SPS Inc., on XXXX XXXX, 2016 sent by way U. S. Mail, written notice stating that the SALE UNDER POWER schedule for XXXX XXXX has been CANCELLED, See XXXX. The cancellation was also confirmed with XXXX XXXX XXXX XXXX XXXX ( Daily Report Public Notice paper ) customer service.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2016-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-27
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Select Portfolio Servicing, Inc. ( SPS ) has falsely responded to our request to provide an ORIGINAL Power of Attorney ( as required in our state of XXXX ), to accompany SPS 's invalid discharge and assignment recorded in our County in XXXX XXXX. We have requested this information, and document, through prior Qualified Written Requests sent to the CFPB and to SPS. Attached is email received from SPS and Power of Attorney ( POA ) sent to us. First, the POA is not original ( is from a filing in XXXX ). Second, the POA is granted to XXXX XXXX XXXX - which no longer exists ( date of the invalid POA is XX/XX/XXXX ). Moreover, we have repeatedly asked SPS, through Qualified Written Requests, to identify the name of the OWNER of the loan at the time SPS received our payoff check on XXXX XXXX, XXXX. SPS has not responded to our Qualified Written Requests, and continues to instead provide responses as to a " note holder ''. As the CFPB is aware, a note holder and owner of the loan are not the same thing. In fact, SPS account number does not match our original loan number. We request that SPS provide a valid original power of attorney, provide the owner of the original loan number, and provide the owner of the SPS account number. These loan/account numbers must match any original provided Power of Attorney to be filed in our County. The original loan number is XXXX ( see attached ), and the SPS account number is XXXX. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07470
Submitted Via: Web
Date Sent: 2016-06-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I was on a trial payment for my mortgage with Select Portfolio Servicing ( SPS ) with a payment that consumed over 70 % of my income. I made the payments under durress and borrowed funds. Although it was known I was unable to make the trial payments, I did and then received an offer of an even higher payment for a balloon loan. REALLY? If the mortgage holder, SPS, was aware that the payments were unreasonable for me, why would there be an increase and an offer for a balloon payment? I complained that the payments were too high, based on my income, but there was nothing done to establish a payment that was reasonable and affordable. I have lived there for over 20 years, although I now owe more than I did originally and no one can explain why this is. I love the location and have done all I can to hold on to this property. Therefore, I have since moved out and am currently looking for a tenant who can pay the mortgage that I am unable to pay. I will not accept a balloon payment or a higher payment. This is utterly ridiculous. ALSO, I just checked my credit score and the biggest blemish I have is from SPS for late payments. I was unemployed, received assistance from Illinois XXXX XXXX, unemployed again and then began working part-time. I made all efforts to pay, even borrowing money I have since been unable to pay back. Now my credit is ruined and I will never be able to buy another piece of property. SPS does nothing to work with those in need, ruins credit, offers payment plans that are disadvantageous to consumers and establishes situations that only force owners into forclosure. Consumer BEWARE. I sincerely hope you will look into their lending practices and how they pray on those with hardships.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2016-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-24
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Loan Mod history as of XXXX/XXXX/XXXX All of the calls listed below were prefaced by a verification of who I was, the last XXXX digits of my SSN, & the property I was calling about -- regardless of me calling Select Portfolio or them calling me -- followed by a statement that foreclosure was scheduled for XXXX XXXX, XXXX ; then the customer service rep would ask how they could help. Friday, XXXX/XXXX/XXXX, XXXX XXXX a completed Form XXXX & Form XXXX, along with 2 months of bank statements and 1 month of husband 's paystubs ( XXXX which are in zipped files ). XXXX had informed me earlier in the week this was needed for a loan mod request. She did not say anything about deposit amounts being circled, or needing Social Security award ltrs ( I specifically asked about the award letters & she said I did n't need them ). Friday, XXXX/XXXX/XXXX, XXXX Emailed a list of itemized expenses, tax returns for XXXX and XXXX, annuity statements for myself & husband, and a hardship letter. Friday, XXXX/XXXX/XXXX, XXXX Emailed an updated Form XXXX with updated monthly household expenses. Tuesday, XXXX/XXXX/XXXX, XXXX Emailed an updated Form XXXX with the " Keep the property '' box checked, after speaking with XXXX XXXX XXXX ( did not have an offer for the property, which she said she understood ). Friday, XXXX/XXXX/XXXX, XXXX ( email date & time ) I spoke with XXXX XXXX this afternoon, & she requested the following attached documents : a signed itemized monthly expenses breakdown, Social Security benefit award letters for myself and husband ( XXXX XXXX XXXX XXXX, & a signed hardship letter. Friday, XXXX/XXXX/XXXX, XXXX I spoke with XXXX XXXX again this afternoon ; she requested signed monthly expenses and a hardship letter that were not signed via computer. Friday, XXXX/XXXX/XXXX, XXXX I spoke with a customer service rep this afternoon who said the underwriter requested bank statements with circled deposit amounts. The customer service rep also requested a death certificate for my mother in law, who passed away XXXX/XXXX/XXXX which required us to pay her funeral expenses. I resent the bank statements with the deposit amounts circled, & the death certificate in a separate email at XXXX. I asked how I would have known unless I had called -- he said they would have sent a letter ( they 're located in Utah ; the mail would have arrived after XXXX or 5 days ). He also suggested that if they had to request anything else, the loan mod would be dropped. Saturday, XXXX/XXXX/XXXX, XXXX Emailed a XXXX bank statement with the pension deposit amount circled as requested. Apparently none of the statements I sent on XXXX XXXX had the pension and SSI deposit amounts circled ( I was not asked to circle them initially ). When I called on XXXX, I was informed the amounts needed to be circled, and I have circled all pension & SSI deposit amounts. I forwarded all of the bank statements yesterday XXXX XXXX XXXX, and this XXXX statement, which is attached, has my pension deposit amount circled. Tuesday, XXXX/XXXX/XXXX, XXXX pm Called to see if anything else was needed & ask how long the review for a loan mod would take. Friday, XXXX/XXXX/XXXX, XXXX Received call from XXXX XXXX asking what the US Treasury deposit was on the XXXX XXXX bank statement I had emailed. I told her that was my government pension. She asked why my husband 's name did not appear on the XXXX and XXXX statements I had sent ; I told her they were not joint accounts. ( The account holder name appears in the upper left-hand corner of each of the statements. ) Thursday, XXXX/XXXX/XXXX, XXXX Called & spoke to XXXX XXXX about the status of the loan mod request. She informed me that it was closed out as of Monday, XXXX/XXXX/XXXX, because they would not have enough time to process it before the foreclosure sheriff 's sale scheduled for XXXX/XXXX/XXXX. I asked about a deed in lieu ; she said they would need 30 days to process it, & would not have enough time to complete it before XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 190XX
Submitted Via: Web
Date Sent: 2016-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-24
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: History : We are currently involved in a residential mortgage situation that began with refinancing both our residential property as well as a rental home with XXXX XX/XX/XXXX with a three year ARM. XX/XX/XXXX XXXX was purchased by XXXX XXXX XXXX and our servicing agent changed. Our payment went to the old servicing agent 's address and was sent back to us. The new serving agent began adding late payment fees and would not accept our payment, telling us that we were already in the foreclosure process. We felt that we had no choice but to file Chapter XXXX XX/XX/XXXX to stop the foreclosure process and protect our home and rental property. We had our case dismissed XX/XX/XXXX. When we received our first communication from the servicer after dismissing our case, we realized that the servicer failed to adjust our interest rate on both properties in XX/XX/XXXX, and that the XXXX index rates had actually gone down which would have significantly decreased our payments prior to our decision to file Chapter XXXX. Had we known this it might have affected our decision. In addition, the servicer failed to adjust our rate every year after that, and again, the rates have fallen each year. After numerous inquiries, the servicer made the first ARM adjustment in XXXX XXXX and even that interest rate was calculated incorrectly. We filed a complaint with CFPB in XX/XX/XXXX for our personal residence ( Case # XXXX ) and our rental property ( XXXX ). The servicer for our residential property admitted to the interest rate calculation error in their response to our CFPB complaint. Current Complaint : The servicer for our rental property ( Select Portfolio Servicing ( SPS ) ) has not corrected the interest rate calculation error or responded to our CFPB dispute of their response. In addition they have not advanced their foreclosure case since their original court filing. Through our legal counsel in XXXX XXXX we submitted information required for the HAMP program even though we have never qualified for any of the HAMP programs. SPS offered us a trial modification program using an incorrect loan balance and interest rate. We are requesting that our XXXX loan balance be correctly calculated. Thank you for time and consideration.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 452XX
Submitted Via: Web
Date Sent: 2016-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-24
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX. XXXX obtained a mortgage with XXXX XXXX XXXX, filed in the XXXX County XXXX Deed Records, Book XXXX, page XXXX, on XXXX XXXX, XXXX. The mortgage was paid in full under settlement order by USDOJ to XXXX XXXX XXXX ( XXXX ) for frauds done to XXXX XXXX. XXXX exposed in the XXXX County Deed Records, Book XXXX, page XXXX and XXXX, where XXXX had made loans to XXXX XXXX XXXX of XXXX, XXXX upon properties owned by XXXX XXXX. XXXX and his family. On XXXX XXXX, XXXX, Counsel for XXXX, XXXX XXXX XXXX of XXXX XXXX XXXX, stated that USDOJ was intervening in the matters ( and, in fact, had already intervened and made his client XXXX pay off the distressed loans ) and making XXXX pay of the distressed loans caused by XXXX 's criminal activity with XXXX XXXX XXXX, " To be very frank, there are, the fact is we also have a claim, if it ever comes, back against XXXX. I mean, if Justice intervenes, if there is any beneficiary of what the bank did, it was XXXX. And XXXX has all his loan documents there 's a guarantee, we have recourse against him if there is any loss. '' This loan was one of those loans Paid Off under the LEGAL SETTLEMENT by USDOJ. The paid off original Note was given to USDOJ ( or other supervising US agency ) but the mortgage was never cancelled as required by XXXX Law, OCGA 44-14-3. A fraudulent assignment was then recorded to XXXX XXXX XXXX, XXXX in the XXXX County Deed Records, Book XXXX, page XXXX, on XXXX XXXX, XXXX in order to force XXXX XXXX. XXXX ( a man over the age of XXXX ) to continue paying on a loan that was no longer existing. XXXX XXXX XXXX, XXXX must produce the documents evidencing their purchase of this loan. In XXXX an entity representing itself as XXXX attempted to foreclose the property. A complaint was made to the Independent Foreclosure Review. Independent Foreclosure Review responded that the attempted foreclosure was a fraud and the entity appearing to be XXXX ceased foreclosure because there was no loan to foreclose. In the process of this unfolding, the home was destroyed by flooding in XXXX caused by the City of XXXX ' negligence in failing to required hydrology studies for new construction as required by Federal Law. After the flooding occurred it was found that the flood certification for the original lender in XXXX had been falsified by XXXX XXXX XXXX. In XX/XX/XXXX XXXX stated they had settled their issues with the lender, meaning, they either paid off any existing loan ( or fraudulent representation thereof ) or there was no longer any loan for them to have any liability. On XXXX/XXXX/XXXX, XXXX XXXX was notified that another fraudulent transfer of the paid off mortgage was being done to Select Portfolio Servicing, XXXX. XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX. These fake mortgage servicers need to provide proof of their loan with XXXX XXXX. XXXX, which has already been determined to be paid off by Independent Foreclosure Review and the transfers fraudulent. XXXX XXXX expects CFPB to initiate prosecutions for fraud and theft and to order the cancellation of the recorded mortgage as required by XXXX Law, which USDOJ should have followed through with in XXXX rather than trusting that the target of their investigation, XXXX, would do the right thing and file the cancellations after paying off the loans in the ordered " Legal Settlement ''.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30506
Submitted Via: Web
Date Sent: 2016-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XX/XX/2016 I contacted by phone Select Portfolio Servicing ( SPS ), my alleged loan service provider, to inquire about the process of applying for a modification of my loan under the Federal HAMP program. I chose to start the program and sent some original documents to SPS. Under this program, and the California Homeowners Bill of Rights ( CA HOBR ), I am protected from the loan servicer or loan trustee ( allegedly XXXX XXXX XXXX ) from initiating any activities scheduling a foreclosure sale or trustee sale while I am applied for inclusion in the HAMP. The servicer ( and/or trustee ) is prohibited from initiating or continuing any foreclosure actions while a HAMP application is being considered. This prohibited action is referred to as " dual tracking '' and is prohibited by one of the main statutes of the CA HBOR and HAMP. After receiving correspondence on XXXX/XXXX/16 from SPS specifically saying that they will NOT be scheduling a foreclosure sale once I was participating in the Modification Loan process, I was shocked to discover that XXXX had filed a " Notice of Trustee Sale '' on XXXX XXXX, 2016 with the XXXX County Recorder, a direct contradiction to what the CA HBOR and HAMP require, plus their own statements in their letter to me dated XXXX XXXX, 2016. In the letters they called out that I would have until XXXX XXXX, 2016 to complete all of the documentation required for the HAMP application. On a second note, SPS also sent correspondence stating that XXXX XXXX, with the title of Relationship Manager, would be my " single point of contact '' during the HAMP application process, as required by CA HBOR. I have been mostly unable to contact XXXX XXXX, and have been directed to other individuals at SPS, who without fail have provided misleading and/or contradictory information. This is in direction violation of the CA HBOR 'single point of contact requirement '. See attached documents that provide a view of how SPS and Quality Loan Services have violated CA State and Federal mandates. Below is a copy of the body of an e-mail that I sent out to XXXX XXXX. As of XXXX/XXXX/2016, the " Notice of Trustee Sale '' is still listed by the XXXX County Recorders. I have attached an email and other documents that I sent to XXXX XXXX on XXXX/XXXX/16 that display the points I am asking the CFPB to investigate.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94619
Submitted Via: Web
Date Sent: 2016-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-23
Issue: Settlement process and costs
Subissue:
Consumer Complaint: At my mortgage signing in 2004, which my spouse was not a borrower on, he signed the mortgage note in error. The lender ( XXXX XXXX XXXX ) put a hand-written note on the last page stating that he 'd signed in error and was not a borrower. All other paperwork has my name only. I just learned about this while trying to do a loan modification with a different mortgage company. Neither XXXX or XXXX ( acquired when XXXX went under ) ever had my spouse on any documentation for 12 years until the new company bought the loan from XXXX. The new company wo n't do my modification without my spouse listed as a borrower. I 'm appealing their decision, but other than hiring an attorney, I 'm not sure what legal recourse I have? Seems like if the lender put a note on there and sent it straight to the bank, that would be enough, right? I 'm going to my county 's courthouse to pull the signed deed, etc ( I was only given blank paperwork with no signatures at signing ). Please let me know if there is anything else i can do. I really need this modification, but do n't want to perpetuate signing incorrect documents that will have an effect on us in the future when we try to buy/sell, etc. Thanks in advance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MS
Zip: 38671
Submitted Via: Web
Date Sent: 2016-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-24
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My 2 mortgages were transferred to a different mortgage servicer and on both I was informed I was 3 payments behind & over {$8.00}, XXXX in escrow shortages. I am being made to pay p & I & 2 escrow accounts. Needless to say I have fallen behind and now they will not accept my payments. I do not want to lose my home nor the rental home I have which was part of my livelihood, now a liability, can you please help?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No