SELECT PORTFOLIO SERVICING, INC

2016-01-12

Marlboro, MD

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

2016-01-11

Manteca, 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

2016-01-11

Mabank, TX

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

2016-01-11

Kawaihae, HI

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

2016-01-11

Las Vegas, NV

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: I applied for assistance in saving my home with Select Portfolio Servicing my servicer. They denied me on XXXX/XXXX/XXXX. I have an attorney helping me with the paperwork and they filed an appeal for me on XXXX/XXXX/XXXX. SPS sent me a letter on XXXX/XXXX/XXXX stating they received my appeal and they would respond to me within 30 days. I then received a denial of my appeal on XXXX/XXXX/XXXX. The problem and illegal action for which I am complaining is that SPS recorded a Notice of XXXX against my property on XXXX/XXXX/XXXX. According to my attorney, RESPA Reg X ( 1024.41 ) States no foreclosure action shall be ordered while a borrower is under an active review for loss mitigation. My appeal was not yet denied and I had not cancelled my request for appeal or review. The fact that they recorded a notice of sale on XXXX/XXXX/XXXX, which is 6 days before I was denied, is against Respa Regulations. In addition the denial letter makes no sense and basically confirms that they could appprove an affordable payment that is below XXXX % of my income. It also confirms they are using the wrong interest rate for my review. My current interest rate is 2.75 %. However, as you can see in the letter they are using my contractually due interest rate of 7.75 %. This is not how the guidelines are written. The review must use the current interest rate of the loan and not the interest rate of my loan from XX/XX/XXXX. SPS is basically just making up excuses and at the same time dual tracking my foreclosure. PLEASE ENFORCE RESPS REG X. What is the point of having Respa regulations without doing anything to enforce it. This CLEARLY shows on XXXX/XXXX/XXXX they confirmed my review was open and under review ( See attached letter ). How can they record a Notice of Sale on XXXX/XXXX/XXXX? RESPA Reg X states that the only way they can order a Notice of Sale to be recorded is after the appeal is denied or after I have advised them I am no longer appealing the denial. I never advised them I was cancelling my appeal. There are no questions regarding the timeline. They simply violated Respa Reg X by fling the Notice of Sale on that date. My attorney tells me that every time this happens, the servicer simply does nothing and continues with the foreclosure. CFPB does nothing except collect information and then I lose my home. CFPB in my opinion should demand the servicer rescind the Notice of Sale and re- record it if necessary after the XXXX/XXXX/XXXX date. Otherwise I am advising both CFPB and SPS that this home will be foreclosed illegally and I will pursue all legal action to reverse and cloud the title after the foreclosure if the Notice of Sale is not rescinded and re-recorded legally.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-01-10

Rochdale, NY

Settlement process and costs

Mortgage: Other mortgage

Complaint: XXXX XXXX attorney for XXXX TRUSTEE. Refuse to release all funds in escrow and INSURENCE funds. XXXX XXXX TRUSTEE V XXXX XXXX INDEX XXXX is disposed. XXXX XXXX still refuse to release my funds
Company Response: Company chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2016-01-08

Mount Sterling, OH

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

2016-01-08

Apple Valley, CA

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: Yes Timely Response

2016-01-08

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Select Portfolio is attempting to foreclose on a home they have no legal rights too. We have asked that they provide copies of the note. They have advised us in writing that the note was destroyed/manipulated. Therefore they are unable to produce it. Our contention is that neither XXXX XXXX ( who also has admitted to know be the lender ) nor XXXX XXXX XXXX posses the note. In additional XXXX accounting is suspect at least. They large principle payment ( over {$100000.00} ) made on the loan never cured the rearrages. It was applied to the principal balance and the loan remained in default.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-01-08

New Llano, LA

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

2016-01-07

Madeira Beach, FL

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

2016-01-06

Soquel, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: The attorneys claiming they are representing the alleged " creditors '' have been intimidating me, harrasing me, demonizing me and stalking me and they have not indicated in their debt collection letters to me that they are a debt collector which is violation of FDCPA. In fact, all payments on a non existing loan has been received on repeated and continous basis from unkown sources accourding to the declration XXXX and currently XXXX, see attachment. 1. The attorneys claiming they are representing the alleged " creditors '' have been intimidating me, harassing me, demonizing me and stalking me and they have not indicated in their debt collection letters to me that they are a debt collector which is violation of FDCPA. 2. In fact, all payments on a non existing loan has been received on repeated and continuous basis from unknown sources according to the declaration of XXXX XXXX and currently XXXX, see attachment. 3. The attorneys are aiding and abetting the theft of my assets. 4. I have rescinded the alleged loan, note, mortgage and security ( see attachments ), under TILA at XXXX, XXXX CFR XXXX d, ( XXXX ), ( XXXX ) and ( XXXX ), XXXX. Z by Federal Reserve and under XXXX unanimous decission in XXXX XXXX XXXX. v. XXXX XXXX LOANS, XXXX, XXXX THE UNITED STATES XXXX OF APPEALS FOR THE EIGHTH CIRCUIT, No. XXXX. 5. The parties are refusing to satisfy their obligations to me, to wit : XXXX XXXX return of cancelled note marked cancelled, XXXX ) satisfy the debt XXXX XXXX recorder office, and XXXX ) return of all monies I paid them with interest including the disgorgement of all monies that was paid out to anyone on these transactions that I cancelled ( rescinded ). XXXX : XXXX CFR XXXX, " ( d ) Effects of rescission. ( XXXX ) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge. ( XXXX XXXX Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. ( XXXX ) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph ( d ) ( XXXX XXXX of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer 's option, tender of property may be made at the location of the property or at the consumer 's residence. Tender of money must be made at the creditor 's designated place of business. If the creditor does not take possession of the money or property within XXXX calendar days after the consumer 's tender, the consumer may keep it without further obligation. '' 6. Under FDCPA I ask CFPB to instruct attorneys and the banksters to stop harrassing me, demoonizing me, threatening me and stalking me. I also ask CFPB to force them to pay for my damages under their collective FDCPA violation by not disclosing that attorneys allegedly representing the banskters are debt collectors as FDCPA requires them to do so. I consider their violation of FDCPA to be $ XXXX, I consider this matter under their FDCPA violation to be satisfied if they pay me $ XXXX in damages. 7. Under TILA, I ask CFPB to instruct the banksters to pay my monies with interest pursuant to my rescission notice. I consider this matter sealed and closed if the banksters and their attorneys representing them pay me $ XXXX in damages and satisfy their obligation to me under TILA which is to quite the title XXXX XXXX recorder.
Company Response: Company chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2016-01-06

OK

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: I need help working with Select Portfolio Servicing on my home mortgage. They advised me to not make payments to qualify for HAMP modification. Now, they have told me that I do not qualify for HAMP modification, and the home is in foreclosure. I only owe approx.. {$18000.00} on the home. Select Portfolio Servicing ordered an appraisal that values the home at {$67000.00}, 2 months ago. They have started foreclosure only since the appraisal was received, and they knew the equity was in the home. I have spoken with my local bank and they said the " ability to repay '' for my husband and me is within policy, according to the new XXXX XXXX requirements. We have fixed monthly income from Social Security and my husband 's pension. The only debts we have is our car loan and we recently paid off a small debt to " Whynotlease? '' We really feel they have advised us not to make payments until the review was completed. After the review was completed they said we did not qualify for a modification, and they began foreclosure. They realized there was equity in the home, and proceeded to foreclose for benefit of Select Portfolio Servicing. Please Help!! XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-01-05

Shreveport, LA

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

2016-01-05

Charlotte, NC

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

2016-01-05

Tarzana, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: XXXX XXXX XXXX sold our home loan to someone else. When we went for a meeting with XXXX ; they did not inform us that our mortgage had been sold. The company handling the loan ; Select Portfolio has now been threatening us with foreclose after their representative told us not to pay during the re-fi procedure.. We did n't. Now ; I am receiving foreclosure notices. My XXXX XXXX XXXX mother moved in last year after breaking her hip. This is unacceptable to me. The house is falling apart. We have no where to move. Our business is now located in our house. Wish I could call it a home. However ; the people at XXXX are not only deceptive. They are n't helpful in the least.We do n't know what to do at this point.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-01-05

Rncho Domingz, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: Wells Fargo is denying our application for a loan modification. Their servicer, XXXX XXXX XXXX, has been requiring XXXX forms to be filled out and submitted at least six times in the last two years. Each time, we have been denied a loan modification - despite qualifying for a HAMP modification due to XXXX and loss of income. Wells Fargo is XXXX of the XXXX large financial institutions participating in the HAMP program. We do not understand why they are denying us a loan mod when they have received government monies to do just that - modify loans. Please help us sway Wells Fargo into doing what they have promised. Thank you, XXXX and XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-01-05

Memphis, TN

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Their is a property foreclosure sale set for my home XX/XX/XXXX. The state of Tennessee requires a 30 day notice be given prior to a property foreclosure sale being set, the letter is dated XX/XX/XXXX and the sale is XX/XX/XXXX. I have resubmitted a modification request and financials. I do want to keep my house. I need your help to assist me in getting my mortgage modified. i want to keep my home. Thank You
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-01-05

Thompsons Station, TN

Settlement process and costs

Mortgage: Conventional fixed mortgage

Complaint: This is yet another complaint in a series of many I have filed against Select Portfolio Services : I exercised my right of rescission on a cash out refinance that SPS tried to call a simple modification ... my basis was I was never given any RESPA documents ( HUD 1, TIL, right of rescission, etc ) so therefore my right to rescind was 3 years. In Case # XXXX SPS acknowledged that XXXX XXXX ( the original lender ) paid off my XXXX mortgage with XXXX XXXX. The fact the the XXXX mortgage was paid off made the " modification '' an actual cash out refinance loan ; they ( SPS ) admitted paying off the XXXX mtg yet they claim it does n't count as a cash out refinance?!? It was obviously a cash out refinance, despite the fact that they do n't want it to be a cash out refinance.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-01-04

Las Vegas, NV

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

2016-01-04

Wilkes Barre, PA

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

2016-01-03

MI

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt is not mine
Complaint: SPS have not adequately responded to by QWR and have avoided to answer pertinent questions to my dispute. SPS is not the servicer of any loan in my name, have not paid any property taxes, property insurance or mortgage on my behalf and continues to rely and make false, misleading and fraudulent statements concerning the alleged account in order to foreclose on my property. SPS claims that they are required to send me statements by law when in fact there is no law that requires SPS to continue to send false and inaccurate statements through the Unites States Postal Services. SPS claims to be the servicer of a loan in my name when it have not participated in any servicing activity and can not prove otherwise. SPS claims that it have paid property insurance on my behalf when SPS can not prove otherwise. I have always paid my own property insurance. SPS claims that if have paid property taxes on my behalf when SPS have not and can not prove otherwise. I have always paid my own taxes to the county in which I live. If SPS or any agent, client, and/or attorney of SPS continues with a foreclosure on my property they will be liable for actual, punitive, statutory and compensatory damages. In addition, if SPS or anyone acting on SPS 's behalf continues to send false statement through the USPS mail it will be considered an administrative default to FDCPA VIOLATIONS, VIOLATION UNDER 42 U.S.C. 1981, MAIL FRAUD, AND RICO VIOLATIONS UNDER 18. U.S.C 1961 & 1962.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-01-03

Anaheim, CA

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: This is follow up to my prior complaints ( XXXX and XXXX ). In my complaint XXXX I followed up on inappropriate delinquency reporting to credit bureaus for there specific months. Unfortunately, SPS is reporting inappropriately for additional months ... XXXX, XXXX, and XXXX XXXX. Let me be clear ... SPS should not be reporting any lates on either my first or second loan accounts with them ever. I want the three months referenced above and any others, corrected. I contacted XXXX at SPS ( as she was the one who sent the letter to me confirming correction of the credit reporting for XXXX XXXX, XXXX XXXX, and XXXX XXXX ) to address the additional months identified above ( XXXX - XXXX XXXX ) and left a message for her to return my call three weeks ago and have yet to hear from her, thus I am filing another complaint to resolve the matter. Regards, XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2016-01-02

Flanders, NY

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

2016-01-02

Chicago, IL

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: I AM A XXXX THAT HAVE BEEN TAKE TAKEN ADVANTAGE OF THROUGH PREDATORY LENDING OVER THE YEARS, IN XX/XX/XXXX I REFINACE OUT OF MY VETERAN LOAN AND RECEIVE A RELEASE SEE EXH A RECEIVED MTG XXXX -EXH B RECEIVED MTG IN XX/XX/XXXX-EXH C ( ALLEDGED FOR XXXX, XXXX ) -EXH D NO ADDITIONAL CASH WAS GIVEN RECEVICED MTG FROM PARK NAT'L BANK FOR XXXX-EXH E ON OR ABOUT XX/XX/XXXX XXXX MORTGAGW WAS ASSIGNED TO U XXXX FOR XXXX ACCORDING TO THE RECORDS OF XXXX COUNTY RECORDER NO ASSIGMENT FROM XXXX TO SPS SEVERING IS RECORDED SPS CAN NOT OR WILL NOT COMPEL WITH A WET INK ASSIGNMENT, MORTGAGE OR NOTE STATING THAT THEY ARE THE MORTGAGE HOLDERS VARIOUS EMPLOYEE FROM SPS IS CALLING STATING THAT I OWE XXXX BALLON PAYMENT ACCORDING TO SPS STATEMENTS THEY CLAIM I OWE XXXX AT 10.850 INTEREST. I NEVER RECEIVED NOTICE OF AN ASSIGMENT FROM XXXX TO SPS AND SPS CAN NOT PROVE THEY ARE THE MORTGAGE HOLDER OR HAVE ANY INTEREST IN THE SAME I AM XXXXYRS OF AGE ON FIXED INCOME
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response