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 128
2017-05-24
Tampa Palms, FL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2017-05-24
Orange Park, 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
2017-05-23
Discovery Bay, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: Today XXXX XXXX ,2017, I attempted to call the customer service line listed on my bill in order to pay my mortgage over the phone. What I got instead was some sort of scam with regard to a free gift requesting credit card information. Repeatedly I asked to be put throug h to SPS S ervicing located in XXXX XXXX XXXX , Utah. I was told this was a marketing tool used to advertise for the company, and despite my objection due to a waste of my time. The perso n ( XXXX ) p robably not his real name, continued to ask questions. When he got to the portion about me submitting money for the free gift I was due and I said no repeatedly. He hung up and aft er 15 r eturn calls was not able to get Customer Service in order to pay my XXXX Mortgage. This is more than just shady dealings. This is mis-representation, false advertising, and poor customer service. While I do agree that business has a right to advertising, this is not the way to do it. I feel that I have no way to contact the company that has the most important purchase made by me. Please Help XXXX XXXX XXXX .
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-23
Woodland Hills, 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
2017-05-23
Etiwanda, CA
Written notification about debt
Debt collection: Mortgage debt
Didn't receive enough information to verify debt
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-23
Arlington, TX
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2017-05-22
Ft Lauderdale, FL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I applied for a modification with SPS Servicing , Inc. However, I received a denial letter dated XXXX XXXX XXXX advising I am not eligible for any retention loss mitigation options. However, after reviewing the denial letter they sent me the income they used in determining if I am eligible for assistance is {$1200.00} however, that is not the income I provided. I provided a profit and loss in the amount of {$4200.00}. Therefore, I want to know how they arrived at a figure less than what I provided. Furthermore, I have an ARM mortgage with an interest rate of 7.40 % therefore, I find it unlikely that I can not qualify for a lower interest rate to help me save my home.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-22
Tacoma, WA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-22
Rncho Domingz, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: My name is XXXX XXXX and i have been trying to work with my lende r Select Portfolio Servicing to obtain an affordable modification payment for my property and have constantly gotten the run around and now i am in further in default and afraid to loose my house. I was approved for a forbearance plan which double my mortgage payments, I believe my Home Owne rBill Of Rights have been violated by my lender as I have not had contact with my single point of contact. Additionally every time I call I always get a different story from different people.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-22
Sebring, FL
Attempts to collect debt not owed
Debt collection: Mortgage debt
Debt was already discharged in bankruptcy and is no longer owed
Complaint: RE : XXXX XXXX XXXX , ALLEGEDLY AS SUCCESSOR TRUSTEE/Creditor violating bankruptcy discharge The alleged servicer for XXXX XXXX XXXX on the alleged Loan XXXX is Select Portfolio Servicing Inc. The attorneys allegedly hired by XXXX XXXX XXXX are XXXX XXXX XXXX XXXX that violated the bankruptcy discharge - yet there is no evidence that XXXX XXXX XXXX hired XXXX XXXX XXXX XXXX to represent it. Alleged creditor XXXX XXXX XXXX and its agents ( Select Portfolio Servicing Inc ) an d alleged predecessor creditors obtained an in personam judgment for monies against bankrupt discharged debtor XXXX XXXX in violation of federal bankruptcy laws and orders. THis is about Discharged Bankruptcy Debtor, XXXX XXXX . An alleged Creditor, XXXX XXXX XXXX as a successor sought monies/monthly loan payments pursuant to the Note and was granted an Order for XXXX XXXX to make monthly Note payments preforeclosure to the Creditor. See attachments. This is in violation of bankruptcy discharge orders. In addition to the violation of the bankrupcty discharge orders re ordering payments and failing to inform court of XXXX XXXX 's discharge, the alleged creditor or predecessors harassed XXXX XXXX re making payments on the Note/Mortgage and that sheriff ( without any court order ) would be removing her from the propeprty - a property should had already moved out of since on or about XX/XX/XXXX . Neighbors complained ab out drug dealors and squatters i n the abandoned house and the alleged creditors did nothing to maintain or care for the property and instead discharged debtor XXXX XXXX received harassing calls and mail from allegedly XXXX XXXX agents and or servicers for payments and threats of sheriff and writ of execution/garnishment and her reputations was ruined with the prior neighbors and the XXXX county who provided violation notices re the property to XXXX XXXX . A procedural bankground of the 1 . On XX/XX/XXXX ( ove r 8 y ears ago since the filing of the XX/XX/XXXX Complaint in this action and since alleged acceleration of the alleged Lost Note and Mortgage ), a different Plaintiff than the Plaintiff in this action filed a foreclosure complaint against Defendants on the same Lost Note and Mortgage as this currently pending second action. ( fir st action or Case No . XXXX . The first action was dismissed by The Honorable Judge XXXX XXXX on XX/XX/XXXX . A certified copy of the Case No . XXXX Mortgage Foreclosure Complaint and the Order Dismissing the Case has been filed in this action, and Defendant has requested judicial notice of these documents and Case No. XXXX . 2. On XX/XX/XXXX , an Order Granting Relief from the Automatic Stay dated XX/XX/XXXX in Case No. XXXX was entered by the Honorable Judge XXXX XXXX XXXX which Orders that XXXX [ XXXX XXXX XXXX , XXXX XXXX as successor by merger to XXXX XXXX XXXX as trustee for XXXX XXXX Mortgage Pass-Through Certificates XXXX Series XXXX ] shall not seek an in personam judgment against the Debtor ( s ) [ XXXX XXXX ]. ( see Exhibit XXXX ). 3. On XX/XX/XXXX , an Order of Discharge of Debtor, XXXX XXXX dated XX/XX/XXXX in Case No. XXXX of the United States Bankruptcy Court for the XXXX District of Florida ( see Exhibit XXXX ) was entered which discharged the debt relating to the alleged Lost Note in this action. 4. Then, on XX/XX/XXXX a different Plaintiff filed this XXXX action . ( XX/XX/XXXX Complaint or XXXX action ) on the same Lost Note and Mortgage and it was not XXXX XXXX XXXX , XXXX XXXX . 5. In this case, there is no evidence that US. Bank, NA , the Plaintiff in this case is the successor trustee to XXXX XXXX XXXX XXXX . In fact, Plaintiff in this XXXX action has filed allegedly a Lost Note Affidavit ( see Exhibit XXXX ) regarding an Adjustable Rate Note without the proper verification as required pursuant to Florida Statutes 702.015 ( 5 ) ( 6 ) and 92.525 and Florida Rule of Civil Procedure 1.115 ( d ). Despite Florida Rules of Civil Procedure and Florida Statutes, the alleged Lost Note Affidavit was not executed under penalty of perjury ; does not detail a clear cha in of all endorsements, transfers, or assignments of the lost Adjustable Rate Note ; does not set forth facts showing that the plaintiff is entitled to enforse the lost, destroyed or stolen instrument pursuant to s. 673.3091 ; does not include exhibits to the Lost Note Affidavit such as audit report showing receipt of the original note, or other evidence of the acquisition, ownership, and possession of the Lost Adjustable Rate Note ; does not state a written declaration which is printed or typed at the end of or immediately below the Lost Note Affidavit document being verified and above the signature of the person making the declaration ; does not state that she/he has read the foregoing Lost Note Affidavit and that the facts stated in it are true ; and does not state Under penalties of perjury, I declare that I have read the foregoing Lost Note Affidavit and that the facts stated in it are true, followed by the signature of the person making the declaration. 6. Moreover, the Assignment of Mortgage ( XXXX BK XXXX Pg XXXX recorded XX/XX/XXXX and allegedly recorded XX/XX/XXXX ) attached to the Amended Complaint reflects information inconsistent to the allegations in the alleged Lost Note Affidavit attached to the Amended Complaint. Fore example, paragraph XXXX of the Lost Note Affidavit claims that the Plaintiff acquired the Note on or about XX/XX/XXXX ; however, the Assignment of Mortgage reflects that there was no assignment until more than two years later on its execution date of XX/XX/XXXX . 7. The XX/XX/XXXX Complaint includes a Count I Mortgage Foreclosure and Count XXXX Re-Establishment of Lost Note, and in the WHEREFORE clause of the Complaint, Plaintiff states that Plaintiff request judgment foreclosing the Mortgage and such other relief as the Court may deem just and proper, including that the Court reserve j urisdiction to enter a deficiency judgment for any portion of a deficiency, should one exist, in accordance with Chap ter 702 of the Florida St atutes, but not against any defendant discharged from personal liability pursuant to the provisions of the United States Bankruptcy Code 11 U.S.C. section 101, et. Seq. 8. Then, on XX/XX/XXXX , Defendants Bankruptcy attorney, in Court Filing # XXXX , filed in this action ( see Exhibit XXXX ) a Suggestion of Bankruptcy re Defendant, XXXX XXXX , Case No. XXXX of the United States Bankruptcy Court for the XXXX District of Florida ; 9. T hen, on XX/XX/XXXX , in Court Filing # XXXX , Plaintiff filed in this action ( see Exhibit XXXX ) a Notice of Filing of Order Granting Relief from the Automatic Stay dated XX/XX/XXXX in Case No. XXXX which Orders that XXXX [ XXXX XXXX XXXX , XXXX XXXX as successor by merger to XXXX XXXX XXXX as trustee for XXXX XXXX Mortgage Pass-Through Certificates XXXX Series XXXX ] shall not seek an in personam judgment against the Debtor ( s ) [ XXXX XXXX ]. 10. Then, on XX/XX/XXXX , the Honorable Judge XXXX XXXX entered an Order to Stay this action ( see Exhibit XXXX ) due to suggestion of Bankruptcy filed on XX/XX/XXXX . 11. Then, on XX/XX/XXXX , without any leave of Court and adding a new Defendant, Plaintiff filed an Amended Verified Complaint to Foreclose Mortgage again with a Count XX/XX/XXXX Mortgage Foreclosure and Count XXXX Re-Establishment of Lost Note, and in the WHEREFORE clause of the Amended Complaint, Plaintiff states that Plaintiff request judgment foreclosing the Mortgage and such other relief as the Court may deem just and proper, including that the Court reserve jurisdiction to enter a deficiency judgment for any portion of a deficiency, should one exist, in accordance with Chap ter 702 of the Florida S tatutes, but not against any defendant discharged from personal liability pursuant to the provisions of the United States Bankruptcy Code 11 U.S.C. section 101 , et. Seq. 12. Despite Plaintiffs knowledge of bankruptcy orders of discharge and not to seek an in personam judgment against the Debtor ( s ) , XXXX XXXX , Plaintiffs filed in bad faith on XX/XX/XXXX a Motion for an Order to Show Cause for Payments During Foreclosure ( see Exhibit XXXX ) seeking an in personam judgment against discharged debtor, Defendant, XXXX XXXX . 13. Subsequently, an Order dated XX/XX/XXXX [ fi led in Court Docket on XX/XX/XXXX ] was entered requiring payments of monies pursuant to Plaintiffs motion ( see Exhibit XXXX ) in violation of the related bankruptcy orders and in contradiction to the WHEREFORE clauses of the Complaint and Amended Complaint seeking Count I Mortgage Foreclosure to foreclosure a mortgage on real property ( paragraph XXXX of the Amended Verified Complaint ) and allegedly not against any defendant discharged from personal liability pursuant to the provisions of the United States Bankruptcy Code 1 1 U.S.C. section 101 , et. Seq.. 14. On the same day the Order requiring Defendant, XXXX XXXX to Make Payments During Foreclosure was docketed, XX/XX/XXXX , pursuant to Plaintiffs motion and knowledge of the violation of bankruptcy related orders, a deposition was held in XXXX , Florida whereby Plaintiffs counsel appeared telephonically in violation of Florida Rules of Civil Procedur e 1.310 ( b ) ( 7 ) ; nevertheless, Defendant, XXXX XXXX testified and notified Plaintiffs counsel of the bankruptcy discharge relating to the subject Lost Note. 15. Apparently, on XX/XX/XXXX , a hearing was held, without Defendants counsel, on an untimely and improperly noticed hearing on Defendants Motion to Dismiss the Amended Complaint. This hearing was unilaterally set by Plaintiff without Defendants counsels approval ; the Notice of Hearing ( Court Filing # XXXX ) was rejected by the Judge and is reflected as rejected on the Court docket ; and the Honorable Judge XXXX XXXX clear instructions on her website that states NOTICE OF HEARING AND MOTIN MUST BE FILED AND SUBMITTED VIA XXXX SEVEN ( 7 ) B USINESS DAYS PRIOR TO YOUR HEARING OR YOUR MOTION WILL NOT BE HEARD. ( see composite Exhibit XXXX ) However, for some unknown reason the Motion to Dismiss seems to have been added anyway to the hearing calendar in violation of the due process rights of the Defendants in this case. Plaintiffs counsels appearance at the XX/XX/XXXX Motion to Dismiss hearing is raised herein because despite the passing of 15 day s since the docketing of the Order to Make Payments During Foreclosure in violation of bankruptcy orders and despite the fact that Plaintiffs counsel knowledge of the discharge at the time of its appearance at the XX/XX/XXXX hearing, there does not appear to be any evidence in the XX/XX/XXXX court order that Plaintiff notified the Court that the Order [ for XXXX XXXX ] to Make Payments During Foreclosure was not justified nor authorized under federal bankruptcy laws and court orders. 16. Plaintiff and its counsel have acted in bad faith by pursuing in personam money remedies relating to the subject Lost Note against Defendant, XXXX XXXX especially where there is no proper Lost Note Affidavit nor evidence of Plaintiffs right to foreclose. Sincerely, XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2017-05-22
Flushing, NY
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-20
Chula Vista, 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
2017-05-20
Canfield, OH
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: This is a new complaint due to the many lies and deceptions contained in the company 's response CFPB Complaint # XXXX. In short, SPS has blatantly lied on multiple answers : 1 ) I raised the issue that the judgment is dormant due to a clear violation of an Ohio statute. SPS said, " We have reviewed your claims and SPS does not agree that the debt is dormant and uncollectable. '' However, the issue is not subject to 'debate '. It 's a statute that was clearly violated. 2 ) In response the fact that I have a foreclosure sale date set, and have had one set since XX/XX/XXXX, SPS said, " ... you request that SPS cancel the foreclosure sale date ... however, there is not a foreclosure sale date scheduled at this time. '' However, on XX/XX/XXXX, the attorney representing Plaintiff XXXX XXXX sent a letter ( attached ) that CLEARLY STATES that a sale date is set for XX/XX/XXXX. Additionally, the court docket shows the same ( attached ). 3 ) In multiple phone calls with SPS representatives over the past couple of months, it was determined that the ONLY piece of information still 'missing ' was a profit and loss statement for the business named 'XXXX XXXX XXXX ' . I then uploaded that P & L statement on XX/XX/XXXX, and rec 'd a confirmation email from SPS that the specific information requested - the P & L from 'XXXX XXXX XXXX ' had been received. And yet, today, SPS said, " OnXX/XX/XXXX, SPS submitted your account to be reviewed for all foreclosure prevention options. We require a complete loss mitigation application to review your account for all available options for which you may be eligible. On XX/XX/XXXX, SPS sent you a letter detailing the information required to complete the application. We still require all of the information noted in that letter. We have enclosed a copy of that letter for your review. We require the following information before we can review your account for the available options for which you may be eligible : SPS received a profit and loss statement from XXXX XXXX XXXX, XXXX ; however, the tax returns show as XXXX XXXX XXXX with the profession listed as Sales and Marketing. We need clarification if both businesses are the same. If they are not the same, we need a profit and loss statement for the Sales and Marketing Company. '' I 'm at a total loss here ... I have a sale date set for 31 days from now that SPS has repeatedly said is not scheduled, I have a statute that clearly says the judgment is dormant, and I have confirmation that I have submitted 100 % of the information SPS requested to BOTH start the review AND STOP the foreclosure, and yet, they still insist the do n't have the requested information, the judgment is not dormant, and there is no sale date set anyway. Federal law is crystal clear that a sale must be stopped if a completed loan modification is submitted 37 days or more prior to a sale date. I have demonstrably met that standard, and yet, a sale date is still set on my house, and worse, SPS is denying that a date even exists despite receiving from me 5 days ago screen shots of the Court docket showing the sale date.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2017-05-20
Knoxville, TN
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-20
Easton, MD
Written notification about debt
Debt collection: Mortgage debt
Didn't receive enough information to verify debt
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-19
Sherman Oaks, 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
2017-05-19
Ft Belvoir, VA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I am 50 % owner in a small business. Around XX/XX/XXXX , with the economic downturn, I was unable to pay my mortgage due to low income. I was in the process of a divorce. After getting notices for several years and the mortgage being transferred to a few different companies, I attempted to enter the loan modification process ( through the HAMP government program ). The company currently owning the mortgage is Select Portfolio Servicing , Inc. ( SPS ) based in XXXX XXXX XXXX , UT. The process of the loan modification began around XX/XX/XXXX . The application process took several months. Ultimately in summer XX/XX/XXXX , I was notified of the a loan modification trial period for three months. The trial period payment amount was {$2000.00}. After completing the initial trial period with all payments on time, I received a loan modification agreement. The terms of the agreement were approximately {$2000.00} per month for fifteen years. Another key term of the agreement was forgiveness of approximately {$150000.00} of the debt. I signed the document and returned the SPS. I continued to make payments on time. Over the next few weeks to months I would call in to check the status. A few times I was told that there was a problem with the document. I was divorced from my wife who was a co-borrower on the original loan. I made it cleat to SPS form the beginning of the loan modification process that she did not wish to be included on the loan modification documents. I was instructed by SPS early in the process that this could be overcome by having her execute a Quit Claim Deed for the property. When I sen t in the loan modification I crossed out my ex-wife 's name from the agreement. When I would call in to check, I was told by SPS that the problem was my ex-wife did not sign it. I would explain the Quit Claim Deed issue and typically the representative would note the account and I would leave the conversation feeling it was resolved. After a few months I was surprised when a rep told me the agreement issue was that I am not allowed to mark up the document at all. I requested SPS to send my a blank document and I would re-sign with her signature area left blank. For several months and many phone calls, the same issue came up. They would state they would send me a blank agreement to re-sign, but I never received another one.
After around three to six months of back and forth, I was ultimately told that the time win dow for the agreement to be executed had expired. I explained my situation. They agreed to continue the loan modification, but stated I would have to start the entire process ( including application period ) all over again. I was very upset with this, but with a pending foreclosure potential, I did not feel I had any recourse. So, I started the entire loan modification process all over. One thing to make very clear is that since the original loan trial period, all payments were continued on a monthly basis and paid on time. Even with all the issues, I continued to make timely payments.
The loan modification round 2 took over a year to complete. SPS continued to be con fused by my income from a small business and income verification. Around the end of XX/XX/XXXX , I became very concerned that the HAMP program was ending . SPS stated since I was already in the process, it would not expire even is it extended past the end of XX/XX/XXXX .
The 2nd loan tria l period eventually was accepted. The new trial payment was approximately {$1500.00} per month. The three month trial period w as XX/XX/XXXX , XX/XX/XXXX , & XX/XX/XXXX . Again, I want to reiterate that between the summer of XX/XX/XXXX a nd spring of XX/XX/XXXX , all monthly payments of approximately {$2000.00} were continued to be paid on time and accepted. The first time the payment was lower was when the new trial period started. After making the three trial period payments on time i n XX/XX/XXXX , XX/XX/XXXX , & XX/XX/XXXX , I received the official loan modification for Round 2 around XX/XX/XXXX . I was completely shocked at the new terms of this agreement. There is a lower payment of approximately {$1500.00}, but the term is extended to approximately 19 years. The major issue is that now the modification has a balloon payment of approximately {$230000.00} due at the end of the loan. This is vastly different than the agreement from XX/XX/XXXX . I now feel trapped with no alternatives. If I do n't sign the agreement, I am concerned the terms will get worse with the expiration of the HAMP program. A worst case would be foreclosure. I have a deadline to execute the agreement of XX/XX/XXXX . I am reluctantly signing the agreement and sending it in, so this situation does not worsen. When I was evaluating alternatives the past few days, I called into a federal hotline to get advice. I was advised to file a complaint through your agency. In regards to the original agreement, I know th at SPS has it on file, because a rep over the phone was able to pull up the previous agreement and discuss the terms as recent as last week.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-19
NE
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: In XXXX I refinanced my second mortgage with XXXX ( {$40000.00} ). Th ey told me my interest was hig h ( 12.8 ), but if I made every payment fo r six months, they would give me a lower rate. I made every payment for a year, then went in to get it reduced. I was told, ' Oh, we do n't do refi 's! '. Then, someone else took my loan, in XXXX I think, and I was paying XXXX . I called them, explained my situation, and nothing was done to reduce my interest. NOW, SPS h as my loan, and my Principal is {$42.00}, XXXX !!! I 've been paying this loan fo r ten ye ars and I am going backwards!!!!!
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-19
Glenarden, MD
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
2017-05-19
Pawtucket, RI
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-19
Itasca, IL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Hi i have been working with SPS since XXXX / XXXX / XXXX , to complete a short sale on my property, it took til XXXX of XXXX to get approval, The buyer I had from XXXX hung in there til XXXX of XXXX , his lawyer called and said his clients finances had change d 2days before we were to close XXXX XXXX XXXX , and we could not close, we relisted and by the grace of XXXX we found a new Cash buyer on XXXX XXXX the day I was to close, we submitted all documents, for review, i was told it would not take as long as the first time i had already been approved, and the offer was more than what had been approved weeks before, I now I 'm having to repeat and resend over and over documents, each week there is something new, if anyone had half a brain, they would of just resubmitted the offer to the lender for approval. There is no one that has authority, that you can speak to at SPS, and the ladies can only tell me what is needed to move forward. This is not right my offer should be submitted to the person or company for there approval, I should not have to go thru this again, I was approved to have a short sale done and the offer is more then was approved, already.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-19
Roswell, GA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-18
CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: We received notice after 9 months of trying to get a HEMP modification that we were approved by our mortgage company, Select Portfolio Servicing , Inc. NMLS # XXXX . We reviewed the documentation and were happy that we were approved for the 3 month trial payments and that our loan would be modified at 2 % for the remainder of the loan. We were also thrilled that our payments were now affordable. After mak ing our 3 trial pay ments on time, we received the final modification paperwork that says the loan percentage is now 3.625 % and they want us to pay a balloon payment at the end of 25 years of {$320000.00} on a note that has a principal balance of {$590000.00}! The numbers do n't add up to us and we feel like we are being taken advantage of ... To make this worse, the 've given us a 10 day deadline to sign and agree. This timeline does n't even give us an opportunity to review the modification with an attorney! Please Help! Thank you, XXXX XXXX & XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-18
Sebring, FL
Attempts to collect debt not owed
Debt collection: Mortgage debt
Debt was already discharged in bankruptcy and is no longer owed
Complaint: R E : XXXX XXXX XXXX , SUCCESSOR TRUSTEE TO REGARDING : XXXX XXXX XXXX XXXX , ALLEGEDLY AS SUCCESSOR IN INTEREST TO XXXX XXXX XXXX , AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE XXXX XXXX XXXX PASS-THROUGH CERTIFICATES, XXXX XXXX XXXX - XXXX , PLAINTIFF, AND CASE NO. XXXX AND VIOLATIONS OF BANRUPTCY DISCHARGE ; VIOLATIONS OF ATTEMPTS TO COLLECT DEBT PRIOR TO FORECLOSURE ACTION ALSO ; AND ATTEMPT IN BAD FAITH IN VIOLATION TO SEEK DAMAGES IN EXCESS TO THAT PERMITTED BY LAW DUE TO THE FLORIDA STATUTE OF LIMITATIONS THAT BARS ALL DAMAGES PRIOR TO THE DISMISSAL OF THE XX/XX/XXXX FORECLOSURE ACTION in XX/XX/XXXX Subject Foreclosure Property Address : XXXX XXXX XXXX XXXX XXXX FL XXXX Banruptcy Debtor, XXXX XXXX , pursuant to section 90.202 of the Florida Statutes Matters which may be judicially noticed and section 90.203 of the Florida Statutes, request the CFPB to take judicial notice of the following related bankruptcy records and violation of bankruptcy related orders : 1. Order of Discharge of Debtor, XXXX XXXX dated XX/XX/XXXX in Case No. XXXX of the United States Bankruptcy Court for the Southern District of Florida ( attached as Exhibit A ) ; 2. Filing # XXXX filed in this action by Defendants bankruptcy attorney on XX/XX/XXXX ( attached as Exhibit B ) regarding Suggestion of Bankruptcy re Defendant, XXXX XXXX Case No. XXXX of the United States Bankruptcy Court for the Southern District of Florida ; 3. Filing # XXXX filed in this action by Plaintiff on XX/XX/XXXX ( attached as Exhibit C ) regarding Notice of Filing of Order Granting Relief from the Automatic Stay dated XX/XX/XXXX in Case No. XXXX which Orders that Movant [ XXXX XXXX XXXX XXXX XXXX XXXX as successor by merger to XXXX XXXX XXXX as trustee for XXXX XXXX XXXX Pass-Through Certificates XXXX XXXX XX/XX/XXXX - XXXX ] shall not seek an in personam judgment against the Debtor ( s ) [ XXXX XXXX ] ; 4. Order to Stay this action by Judge XXXX XXXX dated XX/XX/XXXX ( attached as Exhibit D ) due to suggestion of Bankruptcy filed on XX/XX/XXXX ; and 5. Plaintiffs Motion for an Order to Show Cause for Payments During Foreclosure ( attached as Exhibit E ) and subsequent Order dated XX/XX/XXXX requiring payments pursuant to Plaintiffs motion ( attached as Exhibit F ) in violation of the related bankruptcy orders and in contradiction to the Complaint seeking in Count I Mortgage Foreclosure to foreclosure a mortgage on real property ( paragraph 1 of the Amended Verified Complaint ). Plaintiff does not even have the original note as it seeks in Count II Re-Establishment of Lost Note without the proper verification under penalty of perjury as required pursuant to Florida Statutes 702.015 ( 5 ) and 92.525 and Florida Rule of Civil Procedure 1.115 ( d ). This is likely because XXXX XXXX XXXX ALLEGEDLY as Successor Trustee to XXXX XXXX XXXX XXXX , SUCCESSOR IN INTEREST TO XXXX XXXX XXXX , AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE XXXX XXXX XXXX PASS-THROUGH CERTIFICATES, XXXX XXXX XX/XX/XXXX - XXXX is NOT the Successor Trustee legally and did not comply with pooling and servicing agreements. There are inconsistencies in the alleged affidavit of lost re when Plaintiff came to hold the Note which is impossible based on bakruptcy records. Furthermore, the Assignment of Mortgage recorded in official public records to XXXX XXXX was not at a time when XXXX XXXX XXXX no longer existed and thus on information and belief Plaintiff is trying to retroactively acquire property which it is not entitled to. Moreover, this hurts the real creditor or lien holders out there to allow this stranger Plaintiff to come and pretend it is entitled to a lost note without any evidence of chain of title and an Assignment of Mortgage that post dates the existence of XXXX XXXX . Despite Court Orders and bankruptcy discharge and despite Plaintiff even filing bankruptcy records in Florida court, XXXX XXXX XXXX , ALLEGEDLY as Successor Trustee to XXXX XXXX XXXX XXXX , SUCCESSOR IN INTEREST TO XXXX XXXX XXXX , AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE XXXX XXXX XXXX PASS-THROUGH CERTIFICATES, XXXX XXXX XX/XX/XXXX - XXXX seeks MONIES from Defendant XXXX XXXX . XXXX XXXX requests the Court to take judicial notice of the attached records and violation of related bankruptcy orders ; to vacate the Order in the trial court order in action CASE NO. XXXX in XXXX County dated XX/XX/XXXX requiring payments of monies by Defendant, XXXX XXXX ; dismiss CASE NO. XXXX in XXXX County and file a recorded satisfaction of mortgage in official public records of XXXX County as sanctions. Moreover pursuant to the Florida Statute of Limitations due to a prior XX/XX/XXXX XXXX foreclosure action, the damages thhat Plaintiff seeks is beyond the permissable amount pursuant to FL Statute of Limitations. The amount of any final judgment or any amounts owed should be limited and exclude all damages including principal payments, interest, fees, costs etc that were incurred prior to the dismissal of the XX/XX/XXXX action on XX/XX/XXXX . These principal payments, interest, fees, and costs exceed over {$100000.00} nevertheless despite the law of statute of limitations, Plaintiff XXXX XXXX seeks in BAD FAITH to collect damages beyond that which it is authorized by the Florida Statute of Limitations. Any alleged amounts owed under the note that would be reduced to a final judgment should without further argument be reduced to exclude any damages for principal payments due prior to XX/XX/XXXX and any interest and fees and costs prior to that date as well. Furthermore, prior to the filing of the XX/XX/XXXX foreclosure action mentioned above, Plaintiff or its alleged agents, such as Select Portfolio Servicing Inc. called and harassed XXXX XXXX for payment despite her repeated statements to them that the debt was discharged and that she had left the property in XX/XX/XXXX During that time, the zombie property sat abandoned and in disarray until la te XX/XX/XXXX or after but meanwhile XXXX XXXX 's name was being disparaged because her name was the on the property, neighbors were irrate due to the horrible condition of the property that occurred after XXXX XXXX left the property and Plaintiff and or its agent or XXXX XXXX XXXX continued to call and send letters to bankrupt debtor harassing her to pay the Note or subject loan and threatened via telephone that the sheriff would come for not paying the subject loan - despite discharge in bankruptcy. During bankruptcy and until late XX/XX/XXXX , XXXX XXXX always made statements to the harassing callers that the property was discharged in bankruptcy or was sitting abandoned. However, XXXX XXXX had to take action to protect herself because neighbors were upset, the property electrical and plumbing and tiles and roof were destroyed by squatters and the XXXX County was posting violation notices against XXXX XXXX . Plaintiff, XXXX XXXX and/or XXXX XXXX XXXX and/or SELECT PORTFOLIO SERVICING INC and/or its agents have acted in BAD FAITH ; have harassed a discharged debtor ; have disparaged her reputations with neighbor and XXXX County that harassed her with lien/violation notices despite fact she was not living at the property and had wanted the owner of the Note to take the property and care for it. Instead XXXX XXXX claims it has rights now to a LOST Note and thus if no note exists there can be no foreclosure and there is no evidence that XXXX XXXX had any rights in the subject Note on or before the discharge in bankruptcy of XXXX XXXX of the note debt or thereafter and without a note can not legally foreclose. Consequently for violating federal bankruptcy law and orders and harassment pre and post foreclosure of a discharged bankrupt debtor along with disparagement of her name, XXXX XXXX , a Satisfaction of Note and Mortgage should be filed and recorded in official public records and any foreclosure cases dismissed and vacated as sanctions.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2017-05-17
Sebring, FL
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation