SELECT PORTFOLIO SERVICING, INC
Consumer Complaints
There are over 9109 complaints on file for SELECT PORTFOLIO SERVICING, INC. Dated between 2019-12-06 and 2012-02-28.
Complaints Page 120
2017-07-17
Santa Ysabel, CA
False statements or representation
Debt collection: Mortgage debt
Attempted to collect wrong amount
Complaint: See attached Cease and Desist # 1 letter which I sent on XX/XX/XXXX . As of today, we have not yet received sufficient response to this letter. Also on XX/XX/XXXX , I called SPS and spoke to XXXX , OPERATOR XXXX and informed her that XXXX XXXX is disputing the debt and requested for all the collateral file, including but not limited to ( completely filled out and signed documents ) Truth in Lending, HUD-1, Good Faith Estimate, XXXX typed and handwritten, XXXX Milestone Report, Loan Transaction History since origination, XX/XX/XXXX to present, XXXX XXXX since XXXX to present and more. See attached letters of my conversation and list of documents.
<P/> I called again on XX/XX/XXXX following up on my request and wanted to be sure that they were also including Truth-In-Lending, HUD-1. I also wanted some information about the Substitution of Trustee recorded on XX/XX/XXXX . We were already questioning the validity of this in addition to the Assignment of Deed of Trust. There were too many irregularities and we needed time and the information, documents requested to review and hoping to answer a lot of our questions. Especially with regards to SPS validating the debt. XXXX XXXX filed for Bankruptcy and his credit reports does not reflect full details of his loan with XXXX XXXX XXXX , XXXX and other questionable issues.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-17
Wonder Lake, IL
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: Since XX/XX/XXXX I have been trying to fix this approval letter I need XXXX XXXX to be REMOVED and KEEP XXXX XXXX XXXX AND XXXX XXXX XXXX XXXX XXXX . I have been requesting this several times and everytime I call they say it is ready and I get the old letter. Please have a supervisor look at this. The buyer is refuse with me and the seller.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-17
San Dimas, CA
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-16
Lihue, HI
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-15
Plymouth, FL
Struggling to pay mortgage
Mortgage: Other type of mortgage
Complaint: In XX/XX/XXXX I got behind in my mortgage due to a XXXX. I was dealing with XXXX XXXX XXXX at this time. I missed a lot of work and could not get caught up. I notified them they told me I would be hearing from them through there loss mitigation department. In XX/XX/XXXXI had another XXXX that went terribly wrong. I went to the hospital they told me they were going to take out my XXXX XXXX when I woke up after the XXXX I was in XXXX with XXXX all over me and a XXXX in my XXXX as XXXX as my XXXX. My parents told me that I XXXX on the table and they brought me back. This took me over six months to recover. During that time I was only receiving XXXX XXXX XXXX which was XXXX a week. In XX/XX/XXXX I had another XXXX due to myXX/XX/XXXX it was to fix the XXXX it caused. I once again was on XXXX XXXX XXXX. All this time I was keeping in contact with XXXX XXXX XXXX and they told me again someone would be calling me. In XX/XX/XXXX my account was sold to XXXX they tried to foreclose on me in XX/XX/XXXX. It was dismissed in court. However I received no notice that my account was back to active. InXX/XX/XXXX I had another XXXX this was to fix the XXXX that was coming apart in XX/XX/XXXX and repair the XXXX again. I only had a XXXX XXXX chance of surviving the XXXX. I was out of work for eight months were I received XXXX and XXXX XXXX XXXX. In XX/XX/XXXXI had another XXXX to XXXX my XXXX XXXX this XXXX ended my job at XXXX. Because not long after recovering from this XXXX I developed another XXXX. All the doctors and XXXX said I will not survive anymore XXXX. In XX/XX/XXXXXXXX tried to foreclose on me again. That Is when I hired XXXX XXXX. He went to court for me and told me after that I won my house. So I began paying him XXXX a month until I paid him off. I have not missed a payment since. In XX/XX/XXXXHe told me there was a new law allowing big banks to reopen these cases and foreclose again. So in XX/XX/XXXX we had a date to appear in court. XXXX decided to get rid of there attorneys and hire another firm which pushed my case toXX/XX/XXXX. InXX/XX/XXXX I was told after the hearing by my attorney that it was and I Quote a WIN WIN WIN. Then I found out I had to go to mediation. The reason I could not attend that hearing was due to the doctors finding XXXX in my XXXX and I was having a procedure to remove it that day I thought I would have enough time to do both but due to the degree of the procedure it ran longer than they anticipated. So my attorney said I misunderstood him and that we had to go to mediation with XXXX. We went there and it was a complete waste of time and money because they were not willing to mediate in any way. Now in XX/XX/XXXX I have been subpoena for trial. To foreclose on me again. I won my XXXX XXXX XXXX Hearing in XX/XX/XXXXwhich is dated back to XX/XX/XXXX. When XXXX XXXX told me I won my house in XX/XX/XXXX it was a great relief because I was able to focus all my attention on my health. Everyday I am in pain due to the multiple XXXX I have now. There is nothing anyone can due about them so I have to learn to live in pain. I was doing pretty good until XXXX inXX/XX/XXXXstarted this all over again. I think after not having enough information to foreclose on me the first time should be a win in my favor.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-15
Parlin, NJ
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-14
Long Beach, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I have been working with SPS fo r a loan modification. They placed a sale date on my account while in review which i thought was a violation of the Homeonwer Bill of Rights. Anyway, what they did is request a Verification of Employment f or XXXX ( my husband ) o n XX/XX/XXXX , 28 days prior to the sale date. He requested it the very same day but unfortunately because we work for the school district and it is summer time, no one is readily available to supply such a document immediately. They requested that we contact the School Board if it was an emergency in which we did but they advised it would take 7 days. We advised SPS of this but they were not willing to work with us. we are now going to lose our home for something we can not control. We have provided them with every single piece of information that they have asked us of to this day. Now they said unforunatley there is nothing they can do after begging that they allow us more time. By the way we did receive the VOE and w e supplied it the day we received it but now they are telling us it is too late. I just cant believe this. Please help us save our home!!!! I beg!!
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-14
Bostonia, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: SPS LN XXXX XXXX XXXX & XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX On XXXX, a short sale package was submitted to Select Portfolio Servicing. On XXXX we called in to check on the progress of the short sale package and on the foreclosure sale date. We were told that no short sale would be initiated, as it is less than 30 days prior to the sale date of XX/XX/XXXX.
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SPS claims they fulfilled their obligations to offer alternatives to foreclosure on XX/XX/XXXX by extending an automated trial loan modification that violates underwriting guidelines by not reviewing financial documents first to ensure that the borrowers could afford it. Furthermore, this resulted in a proposed payment of over {$3200.00} per month, which is higher than their current payment. Clearly, if the borrowers can not afford their current payment, they can not afford a higher one, so they did not respond to this offer. This represents both servicing and loan fraud. Federal guidelines for granting a loan modification were completely ignored! There was NO WAY this would have been approved if it were reviewed for financial capacity to pay, as that payment would have resulted in 50 % of their net pay.
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SPS has historically offered these fake loan modification trials to every client that is in default, in an effort to game the system by claiming that this then satisfies their obligation to offer alternatives to foreclosure, when these payments 100 % of the time are higher than their current payment and have not been reviewed for the borrowers ability to pay. This does NOT satisfy that requirement as it is never viable.
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If the borrower can not afford the payment they currently have, on what planet could they possibly afford a higher payment?????
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How can this even be called a loan modification?!!
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When will the CFPB finally do something about this predatory company and stop their outright servicing and loan fraud?!!
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SPSs FRAUDULENT GAMES need to STOP!!
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-14
FL
Took or threatened to take negative or legal action
Debt collection: Mortgage debt
Seized or attempted to seize your property
Complaint: XX/XX/XXXX Certified Mail : XXXX XXXX XXXX XXXX XXXX Debt Collectors : SELECT PORTFOLIO SERVICING INC XXXX XXXX XXXX XXXX XXXX XXXX XXXX , UT XXXX XXXX XXXX AS TRUSTEE XXXX XXXX XXXX XXXX XXXX, NC XXXX cc : Federal Trade Commission Office of Inspector General XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX : Acct No. Select Portfolio Servicing Acc # XXXX XXXX XXXX XXXX AS TRUSTEE ( XXXX XXXX XXXX ) Acc # XXXX NOTICE OF VERIFICATION DEBT I am writing this letter in response your Select Portfolio Servicing Notice of Default XX/XX/XXXX. In conformance to my rights under the Fair Debt Collection Practices Act ( FDCPA ), I am requesting you to provide me with a validation of the debt that you has been falsely claiming. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. ( 15 USC 1692g Sec. 809 ( b ) I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you. <P/>Please provide me with the following : 1. Agreement with the creditor that authorizes you to collect on this alleged debt 2. Identify HSBC BANK US TRUSTEE headquarter and agents 3. Default date of Mortgage 4. The agreement bearing my signature stating that I have agreed to assume the debt 5. Valid copies of the debt agreement stating the amount of the debt and interest charges 6. Proof that the Statute of Limitations has not expired 7. Complete payment history on this account along with an accounting of all additional charges being assessed 8. Commission for debt collector if collection efforts are successful. 9. Any insurance claims been made by any creditor regarding this account.
10. Any Judgments obtained by any creditor regarding this accou
nt 11. Show me that you are licensed to collect in my state ; and 12. Your license numbers and Registered Agent 13. Explain Select Portfolio Servicing 's misconduct and conspiracy to defraud client with two ( 2 ) different default letter XX/XX/XXXX for XXXX XXXX and XX/XX/XXXX for {$230000.00} in less than a year. Both Demand letter/Default letter has a serious fatal error, also failing to state the date of Default date of the Mortgage. <P/>If your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased. Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge. <P/><P/><P/><P/>XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX XXXX Email : XXXXXXXXXXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-14
Atl, GA
Took or threatened to take negative or legal action
Debt collection: Mortgage debt
Seized or attempted to seize your property
Complaint: XXXX XXXX XXXX is acting on behalf of Select Portfolio Servicing Inc. in collusion with XXXX XXXX XXXX XXXX XXXX ( hereafter XXXX ) is using an illegal assumed name to taking non-judicial foreclosure action and has served and published a foreclosure/ Sales Under Power Notice under the illegally name. ( See EXHIBIT A for notice of sale scheduled forXX/XX/XXXX ). <P/>However, XXXX HAS RESPONDED ON XX/XX/XXXX TO THE CFPB and informed them that THE ACCOUNT WITH Loan # XXXX DOES NOT BELONG TO THEM. See EXHIBIT-M, a screenshot of XXXX 's response to the CFPB, an Administrative tribunal. <P/>2. XXXX XXXX XXXX has made the representation or implication that nonpayment of an alleged debt will result in the seizure, or sale of my property. The threat to take the action stated above can not legally be taken, and is strictly prohibited by 15 U.S. Code 1692e ( 4 ) ( 5 ) when there is no secured interest involved. <P/>3. Whereas, XXXX XXXX XXXX, in an effort to unlawfully collect an alleged debt that is based upon an account that is time barred, rescinded, charge-off and closed, XXXX XXXX XXXX has served and published an illegal SALES UNDER POWER foreclosure notice that does not comply with O.C.G.A 9-11-65, or O.C.G.A. 9-13-140 ( a ), and is unlawful under 15 U.S. Code 1692e ( 4 ) ( 5 ) 4. XXXX XXXX XXXX, in a recently served Sale Under Power publication is using a different name for the SECURED CREDITOR than previously used by the last known purported assignment shows. <P/>5. The name recorded, and appearing on the last known Purported ASSIGNMENT and all other recorded affidavits, including previously published SALE UNDER POWER notices used the following name listed below in paragraph 5 ( a ), also see validation of previous name at EXHIBIT-B ( a ) '' XXXX XXXX XXXX XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX XXXX, As Trustee For The Certificateholders XXXX, XXXX, Asset-Backed Certificates, Series 2004-7 '' 6. However, XXXX XXXX XXXX have published and served the new SALE UNDER POWER notices shown in Exhibit-A, using a different SECURED CREDITOR name. The new name is not in fact stated on the last known assignment as required by the XXXX and Georgia Statute. The name now used is stated verbatim in paragraph 6 ( b ) below, also see validation of substituted name at EXHIBIT-A ( b ) " XXXX XXXX XXXX XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX XXXX, As Trustee For XXXX, XXXX, Asset-Backed Certificates, Series 2004-7 ''. <P/>7. Note that XXXX XXXX XXXX did not use the descriptive portion of its legally registered fictitious name that identifies the SECURD CREDITOR as the trustee " For the Certificateholders ''. XXXX XXXX XXXX intentionally omitting and disguised its required legal fictitious name as it is mandatory by the SEC and the PSA, O.C.G.A. 16-10-20, O.C.G.A. 44-2-46. <P/>
8. The new creditor name that is recorded and published in the present SALE UNDER POWER notices is intentional concealment, and misrepresentation of a material fact under, a violation of 15 U.S. Code 1692e ( XXXX ) ( 5 ). <P/>9. XXXX XXXX XXXX, SPS Inc., XXXX, And XXXX exclusively use the legal fictitious name as stated in paragraph 5 ( a ) above for all non-judicial foreclosures actions where asset is alleged to be in a truss. See " verbatim names '' in EXHIBIT-B which is the only assignment ever made, a XXXX and XXXX Notice of Sale Under Power publication. Also see EXHIBIT-D, XXXX XXXX XXXX sworn affidavit recorded in XXXX XXXX Property records which shows the legal descriptive fictitious name asserted as true under the statutory requirement of the State of Georgia, New York and the SEC. <P/>10. The exact name of the purported secured creditor must be used as it appears on the face of the relevant ASSIGNMENT. A secured party 's name can not under Georgia law, be substituted, modified or omitted from non-judicial sales under power notices and publications without prior legal notice. <P/>11. In the state of Georgia only a SECURED CREDITOR may advertise and conduct a non-judicial foreclosure. The party listed on the Sales Under Power notice is not the " real party in interest ''. because the assigment says it is not. <P/>12. XXXX XXXX XXXX on behalf of XXXX can not truthfully assert that it is the " Trustee for the certificateholder '' as it relates to this specific asset that is supposed to be in a truss without misrepresenting a material fact to this Tribunal. <P/>13. before case # XXXX was closed XXXX, in a written brief in court exposed the illegal manipulation and modification of the legal name of the purported secured creditor where the plaintiff, XXXX declares its name to be as stated in paragraph 6 ( b ) above which is not what it says on the last Assignment. See EXHIBIT-E at pg.1,2,3. also see where the foundation was laid to insert the modified version of its name. See EXHIBIT-L. <P/>14. Whereas, XXXX does not have a secured claim in our property for the following reasons 15. Whereas, XXXX HAS RESPONDED ON XX/XX/XXXX TO THE CFPB and informed them that THE ACCOUNT WITH Loan # XXXX DOES NOT BELONG TO THEM. See EXHIBIT-M, a screenshot ofXX/XX/XXXX response to the CFPB, an Administrative tribunal. <P/>( a ) The Transaction was rescinded on XX/XX/XXXX andXX/XX/XXXXXXXX and its predecessors and successors failed to comply or dispute the TILA rescission within 20 days. Thus, a final judgment was entered by automatic operation of law. See EXHIBIT-F, and ( b ) Loan # XXXX is void from inception because " Where an agent without authority to execute a sealed instrument signs a contract under seal for his principal, the later is not bound unless ratification thereof be also under seal ''. there was no ratification ever made -- See EXHIBIT-G, signatures of unauthorized agent on " security deed '' and " waver of borrowers rights ''. See Rowe v. Ware, 30 Ga. 278 ; Pollard v. Gibbs, 55 Ga. 45 ; McCalla v. American Freehold Co., 90 Ga. 113 ( 15 S.E. 687 ). ( PLEASE BE advised that the security deed remains in its original full force and effect from its inception, i.e. " IT REMAINS A NULLITY '' ) with no secured interest having been awarded obtained or granted by anyone at any time : and ( c ) The loan was charge-off and closed as ofXX/XX/XXXX, see EXHIBIT-H, and ( d ) the collection rights to the dead debt was sold to SPS Inc. the purported loan # XXXX was illegally re-aged in XXXX long after the charge-off and loan closure had occurred, see EXHIBIT-K. <P/>( e ) We have reason to believe that there are ethical conflicts of interest in XXXX XXXX XXXX Georgia Foreclosure division and other areas of law it operates under. see EXHIBIT-D illegal affidavits specifically filed in XXXX XXXX property records on unsecured property to facilitate a non-judicial foreclosure.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-14
FL
Took or threatened to take negative or legal action
Debt collection: Mortgage debt
Seized or attempted to seize your property
Complaint: XX/XX/XXXX Certified Mail : XXXX XXXX XXXX XXXX XXXX Debt Collectors : SELECT PORTFOLIO SERVICING INC XXXX XXXX XXXX XXXX XXXX XXXX XXXX , UT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX cc : Federal Trade Commission Office of Inspector General Room XXXX XXXX XXXX XXXX, XXXX XXXX, DC XXXX Re : Acct No. Select Portfolio Servicing Acc # XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) Acc # XXXX NOTICE OF VERIFICATION DEBT I am writing this letter in response your Select Portfolio Servicing Notice of DefaultXX/XX/XXXX. In conformance to my rights under the Fair Debt Collection Practices Act ( FDCPA ), I am requesting you to provide me with a validation of the debt that you has been falsely claiming. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. ( 15 USC 1692g Sec. 809 ( b ) I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you.
Please provide me with the following : 1. Agreement with the creditor that authorizes you to collect on this alleged debt 2. Identify XXXX XXXX XXXX XXXX headquarter and agents 3. Default date of Mortgage 4. The agreement bearing my signature stating that I have agreed to assume the debt 5. Valid copies of the debt agreement stating the amount of the debt and interest charges 6. Proof that the Statute of Limitations has not expired 7. Complete payment history on this account along with an accounting of all additional charges being assessed 8. Commission for debt collector if collection efforts are successful.
9. Any insurance claims been made by any creditor regarding this account.
10. Any Judgments obtained by any creditor regarding this account 11. Show me that you are licensed to collect in my state ; and 12. Your license numbers and Registered Agent 13. Explain Select Portfolio Servicing 's misconduct and conspiracy to defraud client with two ( 2 ) different default letter XX/XX/XXXX for {$110.00}, XXXX andXX/XX/XXXXfor {$230000.00} in less than a year. Both Demand letter/Default letter has a serious fatal error, also failing to state the date of Default date of the Mortgage.
If your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased.
Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge.
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX XXXX Email : XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-14
Miami, FL
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-13
Manhattan, NY
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-13
Lake Alfred, FL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-13
Moreno Valley, CA
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-13
Jacksonville, NC
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-13
Atlanta, GA
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: In XXXX 2017 I attempted to get a loan modification and it was denied in XXXX 2017 with no specific reason.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-13
Manhattan, NY
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-12
Juniper Hills, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: A new servicer took over our home loan recently and has started charging a service fee of {$15.00} for regular online payments using our bank account. Our previous servicer never charged us a fee to make regular online payments. I disputed the charge the first month over the phone and it was waived. I was able to make a payment online last month without a charge. This month the website indicated I would be charged {$15.00} to make the payment. I called on the phone and disputed this again. The said the lowest they could charge would be {$10.00}. I told them that if they insist on doing this, I will file a complaint with CFPB. I was forced to make the extra disputed {$10.00} charge to make sure the payment would be there on time within 4 days left in my grace period.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-12
Maywood, NJ
Closing on a mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-12
Nyc, NY
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-12
Weston, CT
Trouble during payment process
Mortgage: Other type of mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-12
Crossings, FL
Trouble during payment process
Mortgage: Other type of mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-12
Farmer Market, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-07-11
Greenwood, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Hi, my home was unlawfully sold on XXXX XXXX, 2017 by Select Portfolio Servicing. On XXXX XXXX, 2017 I filed for a Chapter XXXX Bankruptcy. I also gave notice to the servicer Select Portfolio Servicing. But they still proceeded with the sale. Even still after the sale they have not returned the property back to me. Therefore, Select Portfolio Servicings foreclosure occurred in direct violation of Title 11 Section 352 of the Bankruptcy Code as the statutory automatic stay was in place at the time of Select Portfolio Servicing s wrongful, oppressive and illegal foreclosure sale took place. VIOLATION OF SECTION 362 ( a ) OF THE FEDERAL BANKRUPTCY CODE Section 362 of the Bankruptcy code requires all collection efforts to cease immediately upon the filing of a voluntary or involuntary bankruptcy petition. Section 362 ( a ) of the Bankruptcy Code provides that the filing of a bankruptcy petition operates as a stay against the following activities : ( 1 ) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title ; ( 2 ) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title ; ( 3 ) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate ; ( 4 ) any act to create, perfect, or enforce any lien against property of the estate ; ( 5 ) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title ; ( 6 ) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title ; ( 7 ) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor ; and ( 8 ) the commencement or continuation of a proceeding before the United States. <P/>It is worth noting that the automatic stay is truly " automatic, '' in that it takes effect Instantly upon the filing of a bankruptcy petition and is effective against most entities, including the debtor, and regardless of whether the entity is aware of the filing Im very upset at Select Portfolio Servicing. They have been jumping me around for a very long time now with my loan modification. I can not get a loan modification without them threatening me with a foreclosure sale date. I still to this day can not get a loan modification they always denying my loan modification. Please help me with this I have sale on property XXXX XXXX, 2017 I am out of options I do not know what else to do for them to stop the sale and give me a loan modification. Please help me please I need someone to talk to about this. They are violating my Home Owner Bill of Rights and I need the sale stopped imminently for my modification to go through. This is way too long over two years now and I can not get an offer.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation