SELECT PORTFOLIO SERVICING, INC

2015-11-13

Ft Myers, FL

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: Property is in foreclosure Case-No XXXX, Judgment sale date is set for XXXX/XXXX/2015. Via our lawyer we work on a Loan Modification. Application was submitted more than 37 days before the sale date. Servicer is SPS, Neither Bank nor Servicer stopped the sale before a MOTION FOR ENTRY OF ORDER CANCELLING AND RESCHEDULINGSALE SCHEDULED FOR XXXX XXXX, 2015 was filed by Plaintiff on XXXX XXXX, 2015. The Motion was denied by XXXX XXXX XXXX, 2015, we received this info on XXXX XXXX by mail. It appears to us that the neither the judge nor Servicer, Bank XXXX as Trustee nor aware of XXXX XXXX XXXX ( g ) or the whole XXXX.
Company Response: Company chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2015-11-13

Jupiter, FL

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

2015-11-13

Bakersfield, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I have been fighting with my servicers for a number of years in regards to my mortgage. I say servicers because I have been switched around from one servicer to the next over the past couple of years. My present servicer is Select Portfolio Servicing which I will refer to as SPS. I am completely frustrated with SPS. It appears to me that they are totally ignoring laws, rules and regulations that they are required to adhere to. After much research, I decided to mail SPS a Notice of Rescission, cancelling my deed of trust and debt. I mailed them the letter on XXXX XXXX, 2015 and they received it on XXXX XXXX, 2015. It is my understanding that Congress enacted the Federal Truth In Lending Act ( TILA ) to be self-enforcing. Upon mailing of the letter, TILA automatically extinguishes the lien and the liability of the lien. The security interest is void and of no legal effect irrespective of whether SPS or the true creditor makes any affirmative response to the notice or not. The voiding of the security interest is not a procedure in a step to be followed, it is automatic by operation of law. Because the notice of rescission is self-enforcing and the deed of trust is canceled by operation of law, there can be no legal foreclosure. Because there can be no legal foreclosure, any and all foreclosure against my property currently ongoing must be canceled forthwith. The auction currently scheduled for XXXX XXXX, 2015 must be canceled immediately. Under TILA, SPS, or the true creditor, had twenty ( 20 ) calendar days to dispute my rescission letter by filing a declaratory lawsuit against me. SPS nor the true creditor took any action against me. Since they have failed to take any action, SPS and the true creditor, have given up all rights or claims for the money they allegedly loaned to me. They have waived any all defenses to the rescission and they are now in violation of Federal law. Under TILA, my debt is not only unsecured, but it is eradicated starting with the rescission notice and ending with their failure to comply with TILA within the twenty ( 20 ) calendar day period. If the rescission letter is self-enforcing, it bewilders me why I have to go through such measures for them to abide by the law. Under TILA, SPS had to take mandatory steps, one of which was to provide me with a release of my mortgage and the other was to refund me all proceeds resulting from my loan. They failed to follow these mandatory steps. I am writing this complaint because I am actually mortified by their blatant disregard for the law. I respectfully request that you immediately review this case in critical detail and inform SPS of their wrongdoing.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-11-13

Castle, OK

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was discharged in bankruptcy
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2015-11-13

Detroit, MI

Loan modification,collection,foreclosure

Mortgage: FHA mortgage

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

Disputed: No Timely Response

2015-11-12

Gretna, LA

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2015-11-12

Campton Hills, 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

2015-11-12

Alden Manor, NY

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2015-11-12

Simi Valley, CA

Settlement process and costs

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: It has been a four year up hill battle with XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX. The fraudulent mortgage loan originated with Country Wide in XXXX Credit was obtained for over XXXX XXXX XXXX dollars in my name by a dishonest loan officer. The loan was put in my name and the loan officer without my knowledge then put through paper work giving the house to the occupants and leaving me personally stuck with the loan. I filed an identity theft detailed report from law enforcement. Law enforcement noted the numerous forgeries from the original loan. I can forward all documents to you at your request. XXXX and XXXX loan services have refused to block the inaccurate information. The occupants of the house became nine months behind when I learned of the fraud. My credit was ruined. There are multiple investigations currently being conducted and led by XXXX XXXX XXXX XXXX XXXX. I need the banks to immediately block this fraudulent inaccurate information according to the XXXX. The banks have all copies of the documents from the authorities and refuse to acknowledge law enforcements findings. The loan officer is currently under investigation for multiple fraudulent loans. I am requesting your help in resolving this matter with XXXX and XXXX In addition after providing ID theft documents to XXXX and XXXX they immediately blocked the fraudulent loans. Thank YouXXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2015-11-11

Box Canyon, 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: No Timely Response

2015-11-11

Thompsons Station, TN

Settlement process and costs

Mortgage: Conventional fixed mortgage

Complaint: I signed a statement with every complaint stating that the information given is true to the best of my knowledge ; I believe it is a criminal offense to give false information. I believe that the subject of my complaint should be held to the same standard. In Case # XXXX, Select Portfolio Services flatly stated that there was no payoff to XXXX Mortgage included in my " modification '' ( actually cash out refinance ) that XXXX did. As the new servicer, SPS should have had full documentation of EVERYTHING, including the paying off of XXXX Mortgage. They ( SPS ) continued denying paying off XXXX until I sent proof from XXXX Mortgage, as well as proof that XXXX never communicated with XXXX as to the status of my account. Therefore, I would like to add this to my list of complaints : Select Portfolio Services gave you false information in response to my complaint.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2015-11-11

Santa Fe, NM

False statements or representation

Debt collection: Mortgage

Attempted to collect wrong amount
Company Response: Company chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2015-11-10

Doral, FL

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

2015-11-10

Fairmount Cty, PA

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: Yes Timely Response

2015-11-10

FL

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

2015-11-10

Fairmount Cty, PA

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

2015-11-10

Bon Air, VA

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

2015-11-10

Fontana, 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: No Timely Response

2015-11-10

Lithonia, GA

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

2015-11-10

Fort Lauderdale, FL

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

2015-11-10

Clayton, MO

Application, originator, mortgage broker

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: My mortgage was put in to C or lower paper when I had better credit. Since that time, the mortgage was sold and is being serviced by a handling company- Select Portfolio Services Inc . I have made numerous attempts to move to a HARP loan based on the value of my property vs. the current market value. These attempts have been thwarted, as we can not determine who actually holds the loan. This is very frustrating as I qualify for a much lower interest rate over what the current loan is charging.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-11-10

Ehrhardt, SC

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: I was sued by XXXX for foreclosure in 2012. I wrote to them to find out who they were, as I had never heard of them and had been making my payments to XXXX. I received a letter from XXXX Vice President stating that since they were merely the trustee of the trust my loan had been sold into ( there is no chain of title showing that this actually happened ), that they could not possibly be the ones suing me and I needed to contact XXXX. All through the lawsuit, I showed the letter and insisted that the wrong Plaintiff was suing me, but I was just run over by the courts. Finally just before trial, we learned that although XXXX had been the servicer, they had handed over the collection rights to a company called Select Portfolio Servicers. It was clear that SPS was the one actually behind the suit by that time, although they were not even involved in the loan at the inception of the case and could not possibly prove standing. The judge in XXXX XXXX, FL was retiring the very day we had the trial, and was clearly more concerned with getting the trial over with than making a good decision. There was no proof provided that SPS had anything to do with the loan, or that they had standing at the inception of the case. I had bank records that showed their accounting was very far from accurate, and even the judge agreed on the record. However, he awarded XXXX the foreclosure and the full judgment amount! We have appealed for obvious reasons, but I just received an offer in the mail last week to apply for SPS 's home retention program where they will see if I qualify for a modification, refy, or some other work-out. I have sent in lots of paperwork so far, and they keep asking for more and different things, but today, my lawyer was contacted by the law firm representing SPS in my case, and was told that SPS was not going to consider me for any of the retention programs unless I drop my appeal! I believe this strong-arm tactic is illegal. Plus, in order to maintain the stay on the sale of the property, SPS has insisted and the new judge with no prior knowledge of my case and its history, has agreed that I need to put up an additional {$75000.00} in security IN ADDITION TO the property they would take if we lose the appeal. I believe this is unfair, as I clearly do n't have the means to come up with that additional security, and now that there may be an option to do something to keep my condo, I am being pressured to waive all my legal rights to an appeal we feel very sure we 'll win under the circumstances. At the very least, the amount owed will be reduced to a reasonable amount ( the current judgment is {$100000.00} more than the original loan amount, and I paid more than was required on payments for nearly 10 years before XXXX engineered the default that got me into foreclosure ), because I have bank records proving their numbers are wrong. We need to go through with the appeal just for the purpose of establishing how much the debt is, if one is owed. Can they threaten me with lifting the stay unless I drop the appeal? There is no guarantee I will qualify for their retention program, and I certainly do n't want to give up my only chance at some logic being applied to this situation via the appeal.
Company Response: Company chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2015-11-10

Pomona, 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

2015-11-10

Pinellas Park, FL

Credit decision / Underwriting

Mortgage: FHA mortgage

Complaint: They have still made it impossible to process paperwork and get new buyers into my property. I want to file a suit with the company and go to court over the finding and I have realtors and title company that will testify and verify what has happened here. I have numbers us recorded phone calls and emails and letters all which have led the buyers to walk because they had to wait so long.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-11-10

Allen, TX

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response