SELECT PORTFOLIO SERVICING, INC

2017-05-17

Lake Wales, 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

Timely Response

2017-05-17

Blaine, WA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Select Portfolio Servicing inc, I has not provided me any information from the other mortgage servicer ( XXXX ). what documents, show that WE HAVE MISSED ANY PAYMENTS. I am current and always have been. I challenge ( SPS ) to prove that we have missed any payments with them and or XXXX XXXX XXXX or XXXX XXXX . All my other mortgages are current except this one that has been sold twice. We have made every payment. SPS shows that we are 32 payments behind on our credit reports not just the two payme nts that they state on all the credit. FRAUD ... XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-17

Foothill Ranch, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: I have previously filed a complaint against my mortgage lender, SPS, and after reading their response, I still am unsatisfied with what they are stating. My number one issue is the fact that they breached their contract with me. When I received a loan modification through XXXX XXXX XXXX, XX/XX/XXXX, the agreement was that my property tax and homeowners insurance were to be impounded. When SPS took over my loan in XX/XX/XXXX, they agreed to all terms of my loan modification. I received a letter in XX/XX/XXXX from SPS stating they are not responsible for my homeowners insurance and that I would need to pay it myself, due to the fact my home was considered a condo. I had no problem paying my own insurance for my home, however, when I was given a loan modification my mortgage payment included my property tax and my homeowners insurance, when they were no longer paying my insurance, my mortgage payment should of decrease by the amount going to my insurance company THIS NEVER HAPPENED. When I questioned the situation SPS stated my homeowners insurance was the responsibility of my Homeowners Association. This was absolutely false!!!! I pay 2 homeowners associations totaling {$200.00}. I wish my insurance was being included. SPS also stated that my mortgage company NEVER paid my insurance, which once again is false. Attached is a document from XXXX XXXX showing XXXX XXXX XXXX previously was paying my insurance.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-17

Havana, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: I have applied for and been approved for a government grant to replace my roof. It is 27 years old and was s upposed to be a 15 year roof. It has leaked many times and we have patched it with tar. Our insurance company has notified us that we will no longer be able to get insurance on it if we do not have the roof replaced by XXXX . The grant is through XXXX XXXX XXXX XXXX XXXX It is also known as the SHIP program. They are going to replace my roof, replace the h ot water heater with an XXXX XXXX rated hot water hea ter, Install GFIC rece ptacles, install smoke detectors, replace the air conditioner, insulate the attic, and replace all windows. As a part of this process, they sent me a letter on XXXX XXXX , XXXX for me to forward to my mortgage company for them to sign and return. It notifies them that there will be a second mortgage on the home, which will be due if we were to sell the home. Every year the amount which would be owed goes down by 20 per cent. After 5 y ears nothing is owed. The letter clearly states that this mortgage is subordinate to the mortgage they hold. I immediately sent this letter to the mortgage company. On Friday, XXXX XXXX , XXXX , the Project Manager contacted me and stated that he needed this form back b efore the County Commissioner 's meeting on Monday, because they were approving the bids for the work to be done and that they might not approve the bids if the form was not in the file. I immediately contact ed Select Portfolio Servicing, Inc. and told them I needed the form asap. They denied receiving it even though they confirmed that I sent it to the correct address. I made the urgency of the matter very clear. The first person I talked to said for me to send a cover sheet and put Attn. Research Department. I did and put super urgent on it and explained the situation and attached another copy of the form. The representative, XXXX , said she would escalate it in the system. I contacted them again a t XXXX XXXX when I still had not received the form. I spoke to XXXX XXXX this time and made the urgency clear again. At XXXX I spoke to XXXX XXXX ( they really slur their names when they give you their names ) He told me that he was assured it would be done today. I also sent three urgent faxes to them about this on Friday. I sent another urgent fax on Saturday, XXXX XXXX , XXXX . On Monday I called again and spoke to XXXX XXXX . He claimed the first representative told me it would be 3-5 b usiness days, even though I clearly told her I needed it by Monday. He also claimed that I did n't send any faxes until Saturday, despite the confirmations I have. I talked to XXXX XXXX , who is supposed to be a supervisor and she tells me they need documentation of the work to be done. They could have told me this the first time. I sent another urgent fax with the requested information and gave them the number, fax number, and name of t he Project Manager. They did not deny my grant, but they still need the letter by XXXX XXXX , XXXX when the contracts are to be signed. I have pretty much absolute certainty that they will not comply even though I have explained that if I ca n't get the roof replaced there will be a foreclosure. They should not have the right to XXXX us over like this.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-17

Santa Ysabel, CA

Struggling to pay mortgage

Mortgage: Other type of mortgage

Complaint: In a deed of trust agreement there is instituted a trustee to act as the courts thereby bypassing a standard foreclosure procedure in the court system. The non-judicial foreclosure process was designed to help alleviate the burden to the court system over the standard mortgage foreclosure process. Since the trustee is taxed with acting on behalf of the court it was designed and substantiated in the [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] Supreme Court ruling that the trustee was to be independent due to the fact that it repre sents the court. Thus the trustee is given the presumption of correctness as it is to be independent and arms length throughout the life of the deed of trust contract. When the bank lobbyists wrote Senate Bill 1638 i n XX/XX/XXXX , it was to quietly strip the independence away from the trustee therein setting the stage for any deed of trust to be able to be foreclosed on whether someone was current on their payments or not. In fact this allowed someone who paid cash for their property and had never even entered into a loan agreement to be foreclosed on. Based on the fact that the trustee is fraudulent and owned, controlled and manipulated by the banks or fraudulent law firms they are able to file fraudulent paper and submit this paper to the County Recorders Office with no oversight as to any legitimacy to the validity of any information contained in the papers being filed. This fraud against the court has been going on with EVERY document being filed for a deed of trust agreement and for ANY and EVERY non-judicial foreclosure procedure in the state of CA since XX/XX/XXXX . The banks are in fact committing fraud by concealing that the Trustee is not independent and incapable of looking out for the best interests of the borrower in the Deed of Trust. When the bank uses a Deed of Trust agreement, knowing that the Trustee is not independent as described by the CA Supreme Court in XX/XX/XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , the bank is in fact committing fraud against the borrower at the inception of the contract which makes the contract VOID. Due to the fact that the Trustee is not independent ( as the CA State Suprem e Court ruled trustees are to be independent and arms length in a Deed of Trust contract ) the bank uses the Trustee and the Power of Sales Clause via CA Civ Code 2924, to file fraudulent documents with the court. Without the independence of the trustee in a deed of trust agreement, there is no valid deed of trust agreement as it is outlined in the Power of Sale clause and CA Civil Code 2924, et al. The lack of independence defies the rules of the deed of trust and allows fraudulent paperwork to be filed and no oversight to any wrongdoing by a financial institution or a trustee in a non-judicial foreclosure procedure. Therein, this allows any bank or fraudulent trustee to illegally foreclose on anyone, anytime, anywhere without reason or validity to any paperwork. There is no party looking out for the interest of the property owner and the courts have handed over the justice system to the Trustee in a Non-Judicial foreclosure action. Because the courts have entrusted the Trustee and the CA Supreme Court has ruled that the Trustee is to be independent in a Deed of Trust agreement, the judicial power of correctness has been given to all of the documents that are filed into the court in a non-judicial foreclosure procedure. The reason a bank or other party is able to file whatever paperwork they choose in order to foreclose on someone is due to a XX/XX/XXXX rule that changed the rules to the Power of Sale clause. This rule comes from the XX/XX/XXXX Senate bill 1638 : SB 1638, Johnson. Deeds of trust : trustee substitution. Existing law sets forth the procedures for the substitution of trustees under a deed of trust upon real property or an estate for years therein. This bill would, as an alternative procedure, set forth the procedures for the substitution of trustees under a deed of trust upon real property or an estate for years, given to secure an obligation to pay money, by the beneficiary or beneficiaries under the trust deed who hold more than 50 % of the record beneficial interest of a series of notes secured by the same real property or of undivided interests in a note secured by real property equivalent to a series transaction. The bill would also establish a process through which all of the beneficiaries under a trust deed can agree to be governed by beneficiaries holding more than 50 % of the record beneficial interest of a series of notes in real property or interests in a note equivalent to a series transaction, as specified. In order to substitute trustees or agree to be governed by the majority interest holders, all parties to the transaction would be required to sign and record a document containing specified information. This rule gave banks the power to substitute a new trustee at the will of the bank thereby destroying any semblance of law to the Power Of Sale c lause or CA Civ Code 2924. It negates the independence of the Trustee as it enables the banks to substitute a trustee rather than having to follow the existing rules of the CA Civil Code. This bill became enacted law in XX/XX/XXXX , ther ein making EVERY Deed of Trust agreement issued by a financial institution since that date fraudulent on its face and therefore VOID.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-16

Wallington, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I am in the process of trying to modify my mortgage with Select Portfolio . I was given a so called single point of contact but the contact never returns my call. I am forced to talk to someone new every time I call them for clarification on what documents they want to see. The representatives tell me I need a document and then when I give to them they say I need something else. I was told at least twice I have given them all the documents needed and my loan was in underwriting only to be told again I need something else. Select Portfolio h as also placed multiple fraudulent insurance claims on my property. I never needed to file an insurance claim as the house was always occupied. As a result I am having problems obtaining affordable insurance for my primary residence. This property was also included in a bankruptcy and Select Portfolio has ignored the proper disclosures and acknowledgement of the fact that the loan was in bankruptcy. As a result the loan has a some point been reported incorrectly on my credit report.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-16

Cucamonga, 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

Timely Response

2017-05-16

Upton, MA

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

Timely Response

2017-05-16

Lakewood, WA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I 've been having continuous issues with this company. We had an approved short sale with a buyer, but the buyer walked so we submitted a new offer at the same price. I was told it would not take long to reapproved the short sale with the new buyer because the offer amount is the same. We are now 117 days into the process and the lender 's underwriting debt keeps delaying the file and restarting the " within 30 days of complete packet '' timeframe. The lender promises a decision on approval within 30 days of a complete packet however this is the third time underwriting has kicked back the file at the 29 day mark to request a irrelevant correction. For example, the first time we were 29 days into review under writing ask for an estimated figure on the buyer 's side of the hud to be removed- this is not something t hat is at all relevant for the short sale as it is common knowledge these figures are estimated and they have no effect with the short sale as far as the lender is concerned. Next after 29 days the file restated the process because underwriting requested that the listing agent be included on the third party authorization- this is not something that should of restarted the process because the agent is not an authorize d third party, So that started the process again, now they asked for a typo correction on the HUD XXXX I was told on XXXX XXXX that the file would be escalated because underwriting should of requested that the first time they asked for a correction on the HUD XXXX On Friday XXXX XXXX I confirmed the file was still escalated and I was told we would have a decision within 3-5 bu siness days. I called today and spoke to a supervisor XXXX XXXX and was told they did not escalate the file and will not. So that means I was LIED to, SPS records their calls and manager refused to listen of escalate the file. The lender started the process over yet again and we are going to lose the buyer.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-15

Key Biscayne, 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

Timely Response

2017-05-15

WA

Closing on a mortgage

Mortgage: FHA mortgage

Complaint: In XX/XX/XXXX SPS servicing took over my loan from XXXX. XX/XX/XXXX I had to do a hardship relocation for work. My house was put up for a short sale and I got behind on payments due to an illness and having to pay rent and a mortgage payment at the same time. Is it vies by XXXX XXXX real estate agent not to make my payments if I was going to have my house up for a short sale. XX/XX/XXXX nobody had been approved for financing to move into my house so I went ahead and move back to my home in XXXX Washington and I made up the payments that I had missed through SPS financing. SPS financing told me that they had my first and second mortgage. At mortgage was {$13000.00} approximately. They told me that that had to be paid off before all the other stuff is paid off. As I was sending money to SPS servicing I was under the impression I was paying off my second mortgage {$13000.00} and then making up for my late payments and total I gave SPS servicing around {$30000.00} in XX/XX/XXXX to XX/XX/XXXX I move back to XXXX Washington and move back into my house. Years have passed and I 've been told when financing for a car and other things that SPS servicing never paid off that second mortgage. In fact they switched my loan over to XXXX XXXX XXXX right away after I had given them all the money that they told me to send them I have asked XXXX XXXX XXXX for all the data that they have but they have not sent me anything. In XXXX XXXX and XXXX XXXX XXXX, Now state i did n't pay off my second mortgage to them through SPS. ? Where did all my money go that I gave SPS servicing? I paid all of my back mortgage payments and let mortgage off to SPS servicing in order to be eligible for the harp loan. These companies wo n't send me the data and they are of real-time servicing has put a XXXX lien on my home. How is this legal? I 'm a United States military service member in the XXXX. I Am making a complaint against the company SPS servicing, XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX. I honestly believe they committed fraud against United States military service member probably many more. And SPS servicing told me i had to pay off everything my back payments and my second mortgage in order to qualify for the harp loan. Now XXXX XXXX XXXX saying that SPS servicing did not pay off my second mortgage. Where did all the money go that I gave SPS servicing?
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-15

Lawrenceville, GA

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

Timely Response

2017-05-15

Saint Petersburg, 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

Timely Response

2017-05-13

Jonesboro, 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

Timely Response

2017-05-12

Moreno Valley, 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

Timely Response

2017-05-11

Atl, GA

False statements or representation

Debt collection: Mortgage debt

Attempted to collect wrong amount
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-05-11

Atl, GA

False statements or representation

Debt collection: Mortgage debt

Attempted to collect wrong amount
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-05-10

San Diego, CA

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

Timely Response

2017-05-10

Lawrenceville, GA

Struggling to pay mortgage

Mortgage: Home equity loan or line of credit (HELOC)

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-09

Federal Way, WA

Trouble during payment process

Mortgage: Other type of mortgage

Complaint: I have already submitted a complaint and wish to add this information. SPS and or XXXX are complicit in committing a felony on XXXX XXXX records filing a fraudulent assignment in XXXX claiming XXXX is successor in interest to XXXX which has been proven a legal impossibility in my case and thousands of cases across t he US. On top of that XXXX XXXX has evidenced one hundred percent of the assignments she investigated in my county ar e VOID and fraudulent. Thank you for your complaint XXXX about SELECT PORTFOLIO SERVICING, INC.. XXXX XXXX has certified every page. 100 percent of the assignments on XXXX XXXX records she investigated only being allowed to investigate homes not in foreclosure, all were fraudulent and VOID. This is concealed by mayor XXXX XXXX in complicit with the fraud on XXXX XXXX records and most evident o n all county records in the State of Washington. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX You can see in Exhibit A Trust Long Beach Mortgage Loan Trust XXXX is a faulty trust XXXX has been paid a settlement for due to this trust is VOID and never existed. XXXX XXXX XXXX On XXXX XXXX XXXX , the FDIC Board of Directors approved a se ttlement among the Receiver, XXXX and XXXX , which would settle the lawsuit filed by XXXX , the Indemnification lawsuit filed by XXXX and all clai ms for indemnification made by XXXX against the Receiver, including two other lawsuits disputing XXXX s responsibility for tax liabilities of the failed XXXX ( XXXX Settlement ). In exchange for releases from XXXX and XXXX , the Receiver will pay XXXX {$640.00 } XXXX in c ash in settlement of its administrative claims in the receivership and will give XXXX an allowed general unsecured receivership claim for {>= $1,000,000}. The XXXX - XXXX -FDIC Settlement agreement can be found at this link : XXXX - XXXX -FDIC Settlement agreement - PDF. SEE EXHIBIT A The XXXX - XXXX -FDIC Settlement remains subject to judicial approval in a procedure to be filed by XXXX in California, and if approved, will result in the dismissal of the four XXXX -related actions pending in the U.S. District Court for the District of Columbia and the appeal pending in the U.S. Court of Appeals for the District of Columbia Circuit.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-09

Fleming, GA

Trouble during payment process

Mortgage: Home equity loan or line of credit (HELOC)

Complaint: On or aroun d XXXX - XXXX -17 I called XXXX ( home equity loan ) to see if my auto draft payment of XXXX could be moved from XXXX - XXXX -17 to XXXX - XXXX -17. I was told my Loan has been sold to Select Portfolio Services. I was told I would not incur any fines or fees during the transition and that it would probably be abo ut 2 weeks befor e SPS would contact me and not to worry about the payment. I looked them up immediately and decided I was going to help all the people they are currently ruining their lives. I received the first letter from them on or around XX/XX/XXXX . The letter is dated XXXX - XXXX -17. The letter asked for my and my wife 's SS number. I attached the letters. I called your office and spoke to XXXX . I asked if I was obligated to send personnel information to them. She could not locate an answer but was very nice and aware of SPS and their fraudulent activity. I told her I would start a complaint but decided to wait until they tried it on me. I recieved a " Hel lo Letter " dated XX/XX/XXXX that o utlined my account. Yesterday I called SPS for the first time and spoke to XXXX XXXX . I wanted to know what the Unapplied fees were and why they were added to my mortgage payment. She somewhat explained that it was probably over payments from XXXX and I could use it towards my monthly payments or my late payments. I asked what late payment. She said I had a payment du e on XXXX - XXXX -17 for some XXXX dollars. I advised my first letter was dated XXXX - XXXX -17 a nd no where on the welcome letter does it say I have a late payment. Right from the start they are playing a game to get my house. what should I do next
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-09

Tampa, 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

Timely Response

2017-05-09

Adrian, MI

Closing on a mortgage

Mortgage: Other type of mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-05-09

Morada, 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

Timely Response

2017-05-08

Discovery Bay, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: In XXXX XXXX , we began the short sale process an behalf of our clients, XXXX and XXXX XXXX . At the end of XXXX , we were advised that while the 2nd l ien remained with XXXX , the first lien had been transferred to SPS fo r servicing. The short sale package was then duplicated to SPS on XXXX XXXX , XXXX . Since then , SPS has done nothing but drag its feet in the processing of the short sale application, nit-picking documents claiming certain information was missing when it was indeed on the documents and then claiming not to have certain documents which we would then walk them through the package by page # to prove that the document was indeed in their possession. Since then, we have been told that we had a complete package and decisioning would take place within 21 days ( from XXXX XXXX , XXXX ) only to be told on XXXX XXXX they might want a change in the amount to the 2nd l ien. When following up on XXXX XXXX , we were then told to significantly reduce the amount to the 2nd lien whereas we already had approval from that lien holder for the short sale. We then revised and submitted updated HUD to the first and went back to th e 2nd fo r reapproval. We obtained new approval letter from the 2nd and submitted th at, along with the further revised HUD to SPS. Due to SPS drag ging out the process, I requested that title audit the approval from the 2nd and had to make a minor change to the HUD. I have advised SPS that the buyer is getting an xious and that the buyer 's agent is going in for XXXX on the XXXX of this month and her ability to perform inspections with her client will be very limited. There is no reason for the process to have taken ov er six mont hs time and still not have a decision.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response