SELECT PORTFOLIO SERVICING, INC

2016-06-19

Cocoa, FL

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Purchased dream home in XXXX XXXX with Countrywde. In XXXX XXXX was contacted by By Broker XXXX XXXX XXXX for lower payments, refinanced my husband ( XXXX Vet ) into another conventional loan ( XXXX XXXX ) with New Century Mortgage ( Bankrupt NC ) .in XXXX. XXXX Payment was due to XXXX in XXXX, but was notified in XXXX That it had been sold back to Countrywide and we would make our payments to Countrywide. XXXX my husband begin to get sick and got hurt on his job XXXX. Got behind on payments and was struggling to make ends meet. In XXXX XXXX signed a reconstruction/with Deed in Lieu of Foreclosure and a payment of {$1700.00}. My husband signed this on XXXX, XXXX and on XXXX, XXXX, the XXXX XXXX In served us with Foreclosure papers. We now know this as the famous Dual Tracking. We were stunned, and that 's when our almost 10 year nightmare began. From XXXX XXXX, we have had XXXX attorney 's and several who said they would n't touch it XXXX, several who have said that there was a conflict of interest because they had worked with the Broker, Title Company, and Now XXXX XXXX XXXX, who supposedly purchased the loan in XXXX. We have been through XXXX bouts of Foreclosures and XXXX Chapter XXXX Bankruptcy. Plus XXXX different Loan numbers all on the same house. The Title Company was closed by the FBI, the title company owner is in jail, and his wife who was his notary signing agent has most likely gone to jail by now. They were XXXX XXXX and XXXX of New Age Title. Also ran a XXXX business out of the same location in XXXX, In across the bridge XXXX. The Broker was hired by XXXX XXXX XXXX who offered us {$10000.00} to get lost in XXXX. We knew that everything was terribly messed up, but no idea until the second Foreclosure in XXXX. We presented title work, and had a private investigator to trace from the beginning of XXXX XXXX to XXXX XXXX. We presented our facts in our Foreclosure Hearing in XXXX XXXX, with the Pooling and Sevicing Agreement for XXXX and was told by Judge XXXX of XXXX XXXX, In that it was Hear Say, and if we did n't have the XXXX that Deustch Bank was Foreclosing on, we had to surrender and vacate the house, because we had lived there for 7 years and had n't paid a thing. We had spent our money on attorneys, this mess forced my husband into XXXX from the XXXX, and I was already XXXX since XXXX. We were too tired to fight another day. We vacated the house in XXXX XXXX, we moved XXXX and was homeless for a month, but thanks to a couple here XXXX who looked pass our circumstances let us rent a furnished XXXX bedroom condo. My husband has never been able to use his VA Certicate for housing, and it does n't look like he will ever be able to use it. Our belongings are still in a Pod Storage facility XXXX, his health is again failing, and our credit is tore up. This is n't what we thought we had planned for our last years, the stress of this 10 year ordeal has taken a toll on us XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-06-17

Edmond, OK

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

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

Disputed: No Timely Response

2016-06-17

San Diego, CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: XX/XX/XXXX we were approved for a program called Keep Your Home California ( KYHCA ) for Unemployment Mortgage Assistance. Since I was unemployed I wan not able to pay my credit card bills and subsequently filed for Chapter XXXX bankruptcy protection. My bankruptcy was discharged on XXXX XXXX, XXXX. On XXXX XXXX XXXX my mortgage servicer ( Select Portfolio Servicing ) incorrectly informed Keep Your Home California that I was in an " Active '' bankruptcy when in fact I was not. My bankruptcy was discharged on XXXX XXXX, XXXX. Now that my bankruptcy stay has been lifted ( after the discharge ), Select Portfolio Servicing ( SPS ) said that they will no longer accept payments from KYHCA even though I still qualify for the program based on my unemployment & the fact that my bankruptcy was discharged on XXXX/XXXX/XXXX. I called their Ombudsman department & spoke with XXXX XXXX & XXXX XXXX and they confirmed not receiving the Federal Bankruptcy Court letter of Discharge in a " timely '' matter ( even though they are listed as a creditor on the Bankruptcy Court documents ). According to the SPS Ombudsman department, this is why they are planning to return the last payment made by KYHCA made on XXXX XXXX, XXXX and will cause us to go into default with their account. Both Select Portfolio Servicing XXXX KYHCA are aware that I am still unemployed & can not afford my mortgage payment. KYHCA has stated that they are willing to make payments on my mortgage but that it is up to SPS to accept these payments. I feel that SPS is taking this action after my bankruptcy discharge because they know that I am no longer under the bankruptcy court mandated stay. They have appraised our home above what we owe SPS and feel no risk in forcing my family into foreclosure even though they admit that they would be able to accept payments from KYHCA after the bankruptcy discharge ( if they would correct/update their records ). They admit taking the following action after the bankruptcy discharge date of XXXX XXXX, XXXX : 1 ) Knowing that we are no longer under a bankruptcy court mandated stay 2 ) Returning the last mortgage payment made by KYHCA on XXXX/XXXX/XXXX causing us to go into default. 3 ) Sending a letter to KYHCA on XXXX XXXX, XXXX stating that they would no longer accept their mortgage payments on our behalf. 4 ) Having an appraised value of our home greater than the amount owed to SPS. 5 ) Confirming that a payment would normally be accepted by KYHCA after a bankruptcy discharge. Any help would be appreciated. Thank you, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-06-17

Los Angeles, CA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-17

Castro Valley, CA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-17

Nantucket, MA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-17

NC

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: For over 2 years I have been filing and re-filing for a RMA ( Request for Mortgage Assistance ) with Select Portfolio Servicing , Inc. having no result. I learned from XXXX XXXX XXXX that Select Portfolio Servicing , Inc was found guilty of wrongful business practices in 2012, and they still refuse to pay any restitutions. For each time a client submits a RMA they receive XXXX dollars from the Federal government as incentive to help citizens suffering from hardships. Today, they have people to submit and resubmit the same documents multiple times. I worked for 20 years at XXXX only for the company to be sold to XXXX. Two months after the final papers were signed lay offs began and I was given XXXX ( XXXX ) month severance pay. Gov. XXXX XXXX changed unemployment time allowance from 2 years to 3 months, which made XXXX unavailable for Federal assistance. He also cut the XXXX program which extended unemployment for people that enrolled in school for retraining after being laid off. It has been arduous trying to return to work. I am the only graduating student from XXXX having received XXXX and still have n't landed a job. Age discrimination? You tell me.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-06-16

Oak Glen, CA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-16

Wonder Lake, IL

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

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

Disputed: No Timely Response

2016-06-16

Antioch, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-16

Newport Beach, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

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

Disputed: Yes Timely Response

2016-06-16

Atlanta, GA

Taking/threatening an illegal action

Debt collection: Mortgage

Seized/Attempted to seize property
Complaint: This Complaint is filed pursuant to FDCPA 15 U.S. Code 1692e - False or misleading representations, and 15 U.S. Code 1692f - Unfair Practices : 1. This is for a cease and desist of unlawful debt collections by XXXX XXXX, XXXX. and Select Portfolio Servicing Inc. hereafter SPS Inc. because they are violating the FDCPA, The FCRA and XXXX Georgia XXXX XXXX ; 2. On or about XXXX XXXX SPS Inc. purchased a loan account from XXXX that had been closed 4 years prior to the assignment to SPS Inc. ( See XXXX, proof of closure ). 3. As a result of the assignment of the closed account, SPS Inc. is now fraudulently calming it has a security interest in our real property on behalf of the alleged trust previously held by Bank XXXX, Although the alleged loan was bought out of the alleged trust effective XXXX XXXX, XXXX. 4. SPS Inc. began reporting to all XXXX credit reporting agencies in XXXX XXXX under a new account number XXXX, and are now attempting non-judicial foreclosure. XXXX XXXX XXXX XXXX XXXX. Whereas, On or before XXXX, XXXX, XXXX the purported loan account held by XXXX XXXX XXXX in the name of XXXX XXXX XXXX and XXXX XXXX XXXX, loan Number XXXX was CLOSED by XXXX. XXXX XXXX XXXX & XXXX proof that the account is still closed as of XXXX/XXXX/XXXX ). 6. Whereas, the purported loan account has been closed for more than 4 years. Therefore, We dispute the clams made by SPS Inc. XXXX XXXX XXXX XXXX. for the following reasons : ( a ) They have personal knowledge that Bank XXXX Trustee for XXXX, XXXX does not have standing to foreclose on my property in the state of Georgia since they are not the secured creditor, and ( b ) They have personal knowledge that the loan obligation was bought out of the alleged trust supposedly held by Bank XXXX, as of XXXX XXXX, XXXX ; and ( c ) They also have personal knowledge that the promissory note they are using as a bases for foreclosure is void after the account is charged-off or closed, and even if it was n't void it DOES NOT DESCRIBE THE OBLIGATION to which they are attempting foreclosing on. since SPS Inc. own the loan they also have personal knowledge that ASSIGNMENTS are not subject to negotiation under the XXXX. VIOLATIONS 7. There is an ongoing unlawful effort by SPS Inc. and XXXX XXXX, XXXX to intimidate, harass, and coerce us into giving them a secured interest in our property. SPS Inc. and XXXX are committing the following FDCPA violations. Whereas, ( a ) SPS Inc. and XXXX XXXX, XXXX Has made, the representation and implication that seizure, attachment, or sale of our property in foreclosure is imminent unless a loan modification is agree too. and ( b ) SPS Inc. and XXXX XXXX, XXXX Has made threats to take action that can not legally be taken or that is not intended to be taken. and ( c ) SPS Inc. and XXXX XXXX, XXXX Has made false representation or implication that we have committed Civil offences in order to disgrace us. and, ( d ) SPS Inc. and XXXX XXXX, XXXX are taking nonjudicial action to effect dispossession or disablement of our property, and there is no present right to possession of the property claimed as collateral through an enforceable security interest. ( e ) The property is exempt by law from such dispossession or disablement, and ( f ) SPS Inc. and XXXX XXXX, XXXX are constantly communicating with us regarding a debt by post card through third parties. CONCLUSION When the original loan was charged off or closed, the loan and note no longer exists ( according to UCC requirements ). All that remains is collection rights to default debt. AND, those rights can be transferred by assignment ONLY, and not by " transfer '' of a negotiable note which is DEAD. Hence, ASSIGNMENTS are Not subject to negotiation under XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-06-16

Pine Grove Mills, PA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I was never late with a payment. Had some personal issues and my husband and I separated. He was XXXX XX/XX/2015. I requested a loan modification and was sent a repayment plan where I would be paying double the normal payment. I turned it down because if I could n't afford one how could I afford more. During their decision making process they said I did n't have to pay if I could n't, therefore I am now considered delinquent as I 'm 72 days behind, I 've been turned down for HEMAP and I 'm not sure what to do next. Things are back to normal, my husband and I are back together and can make payments, we just need help getting caught up with the back payments.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-06-16

Beverly Hills, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: SPS I am requesting a complete breakdown of all fees and cost and any forced policy - A complete transaction history. Again SPS is not clear XXXX - SPS there were no options to deal with XXXX? I will have transaction history checked by a professional once received. Again SPS originally told me over the phone it was over by more than XXXX dollars and would not confirm amount with XXXX. However it is now being confirmed the amount was only XXXX - appears some game is going on at SPS. If SPS really wanted to assist me in keeping my home - an option would have been presented. SPS wrote : Denial of XXXX In your inquiry you state the amount to reinstate your account was below the XXXX amount of {$100000.00} when SPS denied you for the assistance. At the time the account was reviewed for XXXX the amount to reinstate the account was {$100000.00}. SPS received the assistance request regarding a principal reduction recast program from XXXX on XXXX XXXX, XXXX. The purpose of the XXXX recast assistance is to have funds applied to the principal balance of the account, resulting in a lowered monthly payment. Because the account exceeded the program allowable assistance, SPS is unable to proceed. The total amount is broken down as follows : Past due payments XXXX XXXX, XXXX to XXXX XXXX, XXXX {$91000.00} XXXX XXXX, XXXX payment {$3200.00} Loan Level Advances {$1600.00} Escrow Advance {$3900.00} Reinstatement Amount {$100000.00} I wrote : The income does not appear to be the challenge regarding modification option XXXX Tier XXXX. Appears SPS focus is on the EQUITY in my home. My family has stated indirectly and directly to SPS they can assist me finantially. No matter what my income is SPS will not assist because of Equity as was told to me today by XXXX and SPS representative - SPS just say that instead of making up income that I never gave you at no time. SPS is conveniently over by XXXX - to not except XXXX SPS seems surprised that after SPS denied assisting me XXXX approved me SPS told me to allow them to assist first and then SPS can receive additional funds from XXXX However XXXX confirmed yes a dual-program does exist however SPS should have not told you that as SPS is not signed up for that program at the moment- SPS can however currently they are not. SPS representative told me on the same day - SPS is concerned if they except XXXX funds I would not be able to make my payments. SPS statement do not show a breakdown of amount due I believe on purpose - when XXXX XXXX XXXX transferred the loan my statements had a breakdown of fees in XXXX. If SPS states its because of the bankruptcy - SPS should stop reporting to all XXXX credit bureaus every month impacting my credit. SPS statements originally had a breakdown - and then nothing. I have no way of tracking alleged total due. Also I requested the investor ADDRESS - not SPS address the alleged servicer - whom appear to have more involvement that disclosing.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-06-15

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

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

Disputed: Yes Timely Response

2016-06-15

Amelia, OH

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

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

Disputed: No Timely Response

2016-06-15

Tracy, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-15

Far Rockaway, NY

Loan modification,collection,foreclosure

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-15

Beach Park, IL

Loan modification,collection,foreclosure

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-15

Fayetteville, GA

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-06-15

NJ

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Submitted application for home modification with my servicer a year ago. They have been asking for documents since then. We provide them every time they ask. I feel that we should have been given an answer in a timely manner. This has caused the arrears to continue to go up. If we would have been given an answer in a timely fashion, we would have been able to explore other options. They simultaneously have served us with an intent for foreclose, with 35 days being given to answer the complaint. My husband and I have been doing everything we could to save our home, i.e. making applications to better paying jobs, going to food pantries, eliminating unnecessary bills such as cable, and keeping our old cars, which have no monthly payments. It is essential for us to keep our home. We have been here since we are married and have a special needs son. This house gives him some stability, and he is currently in a good education program, where he is making progress. We would just like them to provide an answer once and for all. At this point, they have all updated income information and bank statements.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-06-15

Franklin Lks, NJ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

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

Disputed: Yes Timely Response

2016-06-15

Carver, MA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Loan Owner : : XXXX XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX Series I am repeatedly denied requests for loan modification by Loan servicers due to language in the PSA 'Loan owner does not authorize loan modifications ' Loan owner XXXX backed XXXX , XXXX XXXX XXXX XXXX for XXXX Mortgage pass through certificates '. All historical and current servicers ( XXXX, XXXX, XXXX and SPS ) of my mortgage that originated in XXXX by XXXX indicate the same. None of these servicers have contacated XXXX XXXX backed XXXX on my behalf requesting a waiver allowing me to modify my mortgage. When i contact XXXX XXXX, XXXX as the 'trustee ' they indicate that they do not have the authority to provide permission to modify my loan and refer my back to the service. the servicers will not provide me with contact telephone number nor contact name at XXXX XXXX backed XXXX so that I can reach out on my own behalf. the last filing of XXXX XXXX backed XXXX XXXX was in XXXX with the SEC. I have been informed by historical servicer that my loan was not propoerly securitized and that there is evidence of fruad. XXXX XXXX backed XXXX is a subsiduary of XXXX. My current servicer is Select Portfolio Services ( SPS ). My loan note and mortgage still indicate that XXXX as the originator from XXXX even though XXXX ( aka XXXX ) is no longer in business. XXXX and XXXX were purchased by XXXX. XXXX was dismissed as servicer by XXXX XXXX, XXXX in XXXX at which point i was tranbferred to SPS. Loan # XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-06-15

Hempstead, NY

Communication tactics

Debt collection: Mortgage

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

Disputed: Yes Timely Response

2016-06-15

Harrisburg, PA

Taking/threatening an illegal action

Debt collection: Mortgage

Seized/Attempted to seize property
Complaint: Select Portfolio Servicing is a debt collector who claims to have seized my home in year 2004. I still reside in said home. I am a veteran XXXX being bullied by this company. Repeatedly sending the local Sheriff to my home and posting foreclosure papers. I did not ever receive a loan from this company. The company they claim to be collecting for is XXXX XXXX which is no longer in the loan business. I believe the statute of limitations is expired on their debt claim. There are discrepancies in the tax records on said property they are claiming to seize.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response