SELECT PORTFOLIO SERVICING, INC

2016-02-08

Bohemia, NY

Credit decision / Underwriting

Mortgage: Conventional fixed mortgage

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

Disputed: No Timely Response

2016-02-08

Ehrhardt, SC

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

2016-02-08

Superstition Mtn, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: On or around XXXX XXXX, XXXX, I received a XXXX ( Cancellation of Debt ) from SPS Mortgage. The date of identifiable event is XXXX/XXXX/XXXX. SPS Mortgage continued to collect mortgage payments before and after the identifiable event date.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-02-07

Thompsons Station, TN

Settlement process and costs

Mortgage: Conventional fixed mortgage

Complaint: In it 's response to complaint XXXX, SPS says they are denying my right of rescission because my loan originated in 1998 ... my ORIGINAL loan did originate in 1998, BUT XXXX ( the original servicer after they got the loan from XXXX, the original lender ) advanced over {$50000.00} to repay themselves what they spent tp pay off XXXX XXXX, my XXXX mtg holder. Thus, they did not just modify my original XXXX mtg like they ( SPS ) are trying to claim ... they actually REFINANCED my XXXX mtg because adding the {$50000.00} plus in additional funds is a cashout loan. The {$50000.00} in funds added to the original balance is money lent to me ( whether I wanted to borrow it or not ) ... unless they did not charge me for the XXXX mtg payoff this is a cashout refinance, period. Thus, I stand by my demand to rescind the loan. If SPS cares to make a reasonable counter offer, I will listen, but only if they acknowledge the true facts.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-02-07

Thompsons Station, TN

Settlement process and costs

Mortgage: Conventional fixed mortgage

Complaint: In it 's answer to complaint XXXX, SPS denies my demand to rescind my loan. They base the denial on the fact that my my loan originated in XX/XX/XXXX ... ... my ORIGINAL loan did originate in XX/XX/XXXX, but it was REFINANCED ( NOT MODIFIED ) XX/XX/XXXX. I say it was refinanced because the loan was INCREASED by over {$50000.00} because they added the balance of funds they ( actually XXXX XXXX, the servicer at the time ) used to pay off my then XXXX mortgage with XXXX XXXX without my knowledge or permission. They did n't just modify my original loan, they did a cashout ( the funds from XXXX mtg payoff ). The only way it would be a modification is if they did n't add the extra funds to MY account. Since I never received ANY TIL materials, or even an accounting for the extra money, I am exercising my 3 rear right of rescission, which I originally notified the XX/XX/XXXX. If the refinance that they call a modification was really just a modification, they would be right, but the refinance occurred on XXXX/XXXX/XXXX, and I am well within the 3 year window to rescind.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-02-06

Pasadena, CA

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

2016-02-06

NJ

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Re modification states according to terms provide for interest rateand principal and interest payment adjustments. Was paying XXXX monthly 2 % interest. Now new interest 9.2 % new payment with principal and interest XXXX. New monthly payment including principal, interest and taxes XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-02-05

Warwick, RI

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-02-05

Irvington, NJ

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-02-05

Forest Hill, VA

Loan servicing, payments, escrow account

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

2016-02-05

Moreno Valley, CA

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-02-05

Arroyo Grande, CA

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-02-05

Tampa, FL

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Complaint: My Investor on my property is XXXX XXXX. Select Portfolio Servicing Inc is servicing my loan. In XXXX XXXX I was approved for a HAMP modification and given XXXX trial payments. XXXX and XXXX XXXX and my last XXXX XXXX XXXX. I have made all my trial payments on time and verified that with the modification represenative and the mortgage company refuses to permanetly mondify my loan stating that HAMP wants a LOMA on my property. I called HAMP and they stated that the servicer is wanting that information due to it being about insurance not behind payments.This servicing company that XXXX XXXX gave my loan to be serviced by is sabotaging my HAMP modification so they can get my house. I want flood insurance, they lender placed it but state it does not meet their minimum requirements. Based on a letter sent to me the lenders placed insurance DOES meet the requirements. That makes no sense to me at all.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-02-05

Lafayette, LA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Company chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-02-05

Cheverly, MD

False statements or representation

Debt collection: Mortgage

Impersonated an attorney or official
Complaint: Select Portfolio Servicing is a debt collection company who has been harassing me daily. I sent them a debt validation letter and they never respond with the proper paperwork. In the mean time they continue to call my phone, left notes at my door. They are trying to foreclosure on me and I do n't know who this company. According to the FDCPA they are using deceptive practices to steal my home and also I did n't give them consent to contact me nor did they have express permission from a judge or court order saying that they can contact me. I know my rights are being violated. I am tired of living in fair and this is affecting my entire family. I am currently overwhelm by this company actions, I am suffering from XXXX, XXXX, XXXX and many more issues. See attached some correspondences from the company.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-02-05

San Diego, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: We need to stop this trustee sale scheduled for XXXX to allow us to keep our home. *Most importantly California law bans dual tracking and a law imposed to elimination Banks, and third parties from violating our Homeowners Bill of Rights as which is where a servicer simultaneously evaluates a borrower for a loan modification and pursues a foreclosure of the property.Quality is writing me telling me that I have until XXXX to complete the Loan modification one day after they plan on selling my home!! What????? SPS wrote us and said " we would extend the sale date 30 days but your sale date is XXXX, XXXX '' although they said that all paperwork was complete to get a loan modification. THIS IS DUAL TRACKING and is violating my Homeowner 's Bill of Rights and a violation of the law. This is a company that had done a lot of violations and has cost much damage. Here are the Bullet points of illegal behavior and I have XXXX inches of documents to back up each point that I can send to you. Take note that this company SPS has violated federal law by making an inquiry of my credit report without my authorization. This is a violation of the FCRA as well. Above stated property was fully reconveyed in late XXXX, early XXXX. The following are pages of evidence to show this fact. We as a family are very concerned about the actions taken by SPS ( Select Portfolio Servicing inc. XXXX XXXX XXXX XXXX XXXX XXXX , Utah , XXXX. ) as they are threatening to take our property. They did not give us a XXXX either even after they indicated that the file was complete. Eight months now, we have been dragged around by this unethical and abusive company. I believe that there has been an abuse of authority and that there is grave danger to Homeowners as well as the United States. I have been lied to and purposefully misled as well as multiple violation made by Select Portfolio Servicing ( and non-disclosed affiliates with SPS ) against me that I believe with the evidence of intentional negligence by SPS et.al and I need protection under the Whistle Blower Protection Act. I also have intimate, and actual knowledge of these illegal actions, still occurring concealment and unfair and I can expose the how major institutions are taking advantage of Americans. About 8 months ago I began to receive letters from SPS attempting to collect a debt. What debt? I own my home! They were aggressive and persistent and intimidated me with threats of taking my home. This was absurd and I was frightened. After months of letters and calls back and forth and getting SPS the documents they demanded, they now want to foreclose on my home XXXX XXXX, XXXX. And now XXXX XXXX, as they keep postponing it. I was told by SPS through written Communication ( XXXX XXXX letter ) and Verbally several times that the loan is Complete, for Modification with Principle Reduction down below the valuation conducted by SPS ( Affiliates/Silent Partners including : XXXX XXXX XXXX XXXX, XXXX, ETC. ) in late XXXX. XXXX Title 12 Code of Federal Regulations, sections 226. 18 ( j ) 31 USC : 1901, USC : 1901, Etc. ( Please refer to the Accepted Certified Letter acknowledged XXXX/XXXX/XXXX. Default was never disclosed to the Trustee, or homeowner, and other material facts about the loan for example : subject loan originated by the was a negative amortization and that it was a " Cover Loan '' or " High Cost loan was violated the IRS - tax shelters known as REMICS XXXX & XXXX. Fraudulent, business practices of XXXX XXXX Bank XXXX violations are known under the False Act under the DOJ. They mislead with unreadable and burdensome small print font using front and back pages confusing and misleading me, violations of false broker price opinion and appraisal conducted, broker appraisal was manipulated to reflect higher without referencing the detail. SPS et. al checked my credit without my permission.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-02-05

Phila, PA

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2016-02-04

Wonder Lake, IL

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

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

Disputed: Yes Timely Response

2016-02-04

Everett, WA

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: I took out a home mortgage with XXXX ( a mortgage broker ) with the first payment due on XXXX. XXXX immediately transferred the mortgage to XXXX to whom I made payments from XXXX through XXXX. In XXXX XXXX transferred my mortage to XXXX XXXX to whom I made mortgage payments to from XXXX through XXXX. On XXXX my mortgage was sold to Select Portfolio Servicing Inc ( SPS ) From XXXX to present I have made the remaining mortgage payments .I have documented proof from my bank confirming that all payments have been made ( on time ) and yet ever since the loan transfer from XXXX XXXX XXXX XXXX I have received monthly notices that I am I am behind a payment. I have tried relentlessly to clear this issue up and even hired an attorney to intervene on my behalf but without success. The attorney was concerned that the legal cost of entering into a lawsuit may outweigh the benefit of resolving my issue. At this stage I am now being charged monthly late fees and am getting calls and letters from collection agencies even though I am current on my mortgage and have been on time and am current with all payments. I am desperately looking your assistance in helping to resolve this issue. Sincerely XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-02-04

Fayetteville, GA

Disclosure verification of debt

Debt collection: Mortgage

Not given enough info to verify debt
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-02-03

Northdale, FL

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: No Timely Response

2016-02-03

Ontario, 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

2016-02-03

Jamaica, NY

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

2016-02-03

Burlingame, CA

Application, originator, mortgage broker

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: This is attorney XXXX XXXX writing on behalf of the borrower XXXX XXXX. My client sent a Rescission Letter under the Truth in Lending Act and Select Portfolio Service provided an inadequate Response to my client 's Rescission. The response is inadequate because it misinterprets and misrepresents the law surrounding rescission pursuant to Federal Truth and Lending Act-TILA 1635 ( b ), Regulation Z, and a Unanimous Decision by the US Supreme Court ( XXXX ). Under this law, as I stated in my letter, the creditor has Twenty days to " return to the obligor any money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. '' Accordingly, SPS would have thus had Twenty days to either comply with the mandate of Federal Truth and Lending Act-TILA 1635 ( b ). Alternately, if Select Portfolio Servicing , Inc. wished to dispute the rescission, it could have filed a lawsuit along the lines of Quiet Title or Declaratory Relief in order challenge the rescission but this MUST HAVE BEEN DONE WITHIN 20 DAYS OF THE DISPATCH OF THE RESCISSION LETTER. In the XXXX decision, XXXX XXXX emphasized that " Section 1635 ( a ) [ of Federal Truth and Lending Act-TILA ] nowhere suggests a distinction between disputed and undisputed rescissions ... .. '' By this logic, even though SPS might have wished to dispute the validity of my client 's rescission on the grounds that the underlying loan may not have been a purchase money loan or was allegedly consummated outside of the three year statute of limitations, the fact remains that when my client sent the rescission letter the rescission became valid by operation of law, and the onus would have been on SPS to file a complaint for Declaratory relief or Quiet Title within the 20 day time period proscribed by TILA. Select Portfolio Servicing , Inc., has now waived the right to contest the validity of the rescission on any grounds, because the twenty day time period has elapsed. Accordingly, the Secruity Interest in question is now void. The fact that 3 years has elapsed is irrelevant because the statute of limitations ( or any other defense for that matter ) is a defense that the loan servicer or lender should have raised within twenty days of the receipt of the rescission letter. Moreover, it is not clear that Select Portfolio Service even has standing to challenge the rescission. The response the SPS provided to my client 's Rescission under the Truth in Lending Act is boilerplate and completely does not address the underlying concerns addressed in my letter. Please have them address the concerns as outlined above. Moreover, until this matter is resolved I am asking that the impeding Foreclosure be cancelled. If these concerns are not rectified in a manner that is satisfactory to my client by either complying with the Truth in Lending Act or providing an intelligent explanation as to why they are not barred by the 20 day rule, I will have no choice but to file a complaint in Federal Court for a Judicial Determination of this matter and Damages that my client may be entitled to. Thank you, XXXX XXXX XXXX, XXXX. Attorney for Borrowers XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-02-03

CO

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: I was recently discharged from a Bankrupcy ( XXXX XXXX ). As soon as the discharge was ordered, Select Portfolio Servicing stated sending harrassing letters & calling saying that I had missed a payment during my bankruptcy.I have provided them a copy of the check of the month in question, but they have been unable to resolve the issue. Further, when Select Portfolio alleges that I missed a payment, is the same month when Select purchased my mortgage from XXXX loan servicing. I contacted XXXX on XXXX XXXX, XXXX & was told by an agent, that she was unable to pull up my file since it was so long ago. This has been quite frustrating, as I have not missed a payment on my mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response