SELECT PORTFOLIO SERVICING, INC

2015-07-21

San Diego, CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: We have submitted paperwork for a loan modification to SPS. SPS will not work with us on a modification due to prejudice of supposed home value. Our home is in a nice area and SPS is overvaluing the home. Our home is now in foreclosure status. SPS wants the home back to sell. SPS has not been helping us in our time of need. The lender consistently had prejudice reagaring the home value. We have seen what the homes have been selling for and it is a lot less then what SPS is estimating. We have been charged excessive fees by SPS making it harder to get a loan modification. We were constantly being asked for the same documents over and over.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-21

Phoenix, AZ

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Select Portfolio Servicing , Inc . Sent XXXX a Notice of Default- Right to cure Dated XXXX XXXX. S.P.S. claims the lien holder is Bank XXXX, f/k/a Bank XXXX, as Trustee, in trust for registered holders of XXXX XXXX XXXX, Asset-Backed Certificates, XXXX XXXX XXXX XXXX SPS, XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX ). We dispute this claim and state : XXXX I XXXX XXXX threatened to foreclose/Remove us from our home ... for over 5 years. XXXX ii XXXX We have made payments to an organization or entity that had no right to title or to payments ; We have suffered actual damages in the form of : XXXX iii XXXX humiliation. XXXX iv ) anger. XXXX v ) anxiety. XXXX vi XXXX emotional distress. XXXX vii XXXX fear. ( viii ) frustration. ( ix ) embarrassment. ( iix ) We have suffered damage to their formerly good credit. ( iiix XXXX XXXX family has been torn apart. ( xiv ) We NOW have a cloud on the title to our home. The threatened harm XXXX outweighs any substantial harm to the Bank XXXX, because Bank XXXX will suffer no harm whatever in being prevented from foreclosing/Removing Plaintiffs from their real property. XXXX Home XXXX 1. " The XXXX True owner of the real property in question. XXXX. Bank XXXX " Trust '' XXXX ... has not presented any evidence substantiating Bank XXXX " Trust '' XXXX ... ' claims of legal rights to the real property in question, and therefore pursuant to the maxim of law " evidence not in court does not exist XXXX Trust '' XXXX ... They have no evidence proving they are the legal owner. 3. XXXX " Trust '' XXXX ' are attempting to unlawfully steal real property from its True Owner by committing the felonious act of filing false and/or forged documents in a public office to fraudulently establish legal ownership that does not exist. 4. XXXX " Trust '' XXXX ... have no lawful standing to initiate foreclose or divest " The XXXX real property. 5. XXXX " Trust '' XXXX ... numerous felonious acts committed against the State of Arizona are prima facie evidence of XXXX " Trust '' XXXX ... malum in se intent. 6. XXXX " Trust '' XXXX ... numerous felonious acts committed against the State of Arizona bar XXXX " Trust '' XXXX ... from proceeding against " The XXXX in action7. True ownership is an ancient and un-abrogated common law principle that defeats any and all legal ownership claims, fraudulent or not. XXXX has been seeking to enforce an obligation and must be so entitled and not create forged documents to facilitate its ability to make a claim. XXXX is in violation of : See : XXXX XXXX. Presentment of false instrument for filing ; See also : XXXX XXXX. Definitions this chapter, unless the context otherwise requires:1. " Complete written instrument '' 2. " Falsely alters a written instrument '' 3. " Falsely completes a written instrument '' 7. " Falsely makes a written instrument '' 8. " Forged instrument '' 9. " Incomplete written instrument '' 12. " Written instrument '' XXXX " Trust '' Documents prove to be in-correct on their face and were obviously misstatements or lies. See Forensic Examination Attached to Complaint # XXXX " Supporting documents '' XXXX " Laws Violated '' ( XXXX XXXX Federal Trade Commission Sec 5 XXXX Unfair Business Practices - Deceptive Business Acts - Predatory Lending. ( XXXX ) XXXX XXXX. Assignment of Mortgage ( XXXX ) XXXX. Appointment of successor trustee by beneficiary ( XXXX XXXX Federal Trade Commission Sec 5 - Unfair Business Practices - Deceptive Business Acts. 1. Unauthorized Agent, Deceptive Business Act. ( C ) ( C ) USC 1341. Mail Fraud
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2015-07-20

Nyc, 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

2015-07-20

Fort Lauderdale, 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

2015-07-20

Conyers, GA

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

2015-07-20

MS

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: On XX/XX/2015 I received Notice of Acceleration and Forclosure from XXXX XXXX, XXXX on behalf of Select Portfolio Servicing.On XX/XX/2015 I responded with A Validation of Debt letter.A notarized copy of the Validation of Debt letter was faxed to XXXX XXXX, XXXX, XXXX number XXXX certified copy was also mailed to SPS and XXXX XXXX XXXX XXXX. On XXXX XXXX i received a certified letter from XXXX XXXX, XXXX stating that no documentation in regards to my request would be provided. Because I did not respond within the FDCPA 30 day time frame. This is clearly untrue. I have attached the Notice of Sale dated XX/XX/2015, Notarized Notice Of Validation of Debt dated XX/XX/2015.which was faxed and sent certified mail to XXXX XXXX , XXXX and Select Portfolio Servicing. FDCPA states : ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2015-07-19

Tucson, AZ

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

2015-07-18

Santa Ysabel, CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: On XXXX XXXX, 2015, I filed the paperwork to start a chapter XXXX bankruptcy and advised Select Portfolio Servicing and XXXX XXXX XXXX ( trustee handling the foreclosure action ). Without getting a relief of stay, the foreclosure sale was rescheduled to XXXX/XXXX/2015, which is a violation of the stay. Both SPS and XXXX sent letters advising the sale was rescheduled. The sale should have been cancelled, since all foreclosure activities are supposed to cease, and the trustee 's sale ca n't be reset until after the bankruptcy.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-17

Las Vegas, NV

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: I listed my house for short sale due to the banks inability to negotiate a loan mod, that loan mod has been going on for XXXX yrs. ( 2009 ) so as I was mentally exhausted from the ordeal I tried to sell my house via short sale and I feel they delayed the deal due to incompetence and we lost the buyer. They took over XXXX months and still have not accepted or denied the original offer. I thought they had XXXX or XXXX days to conclude the process?? I would like someone to validate their efforts or recognize their inefficacies
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-17

Shulerville, SC

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: My clients home is up for foreclosure sale on Tuesday XX/XX/XXXX ( THIS TUESDAY ). It is on the court 's docket. The loan apparently transferred servicing from XXXX XXXX XXXX to SPS effective Wednesday XXXX ( tw days ago ). We are unable to dicover the status of loss mitigation application as XXXX XXXX XXXX can not open their records due to the transfer and SLS has no record of it in there system per my call this afternoon! Attached are the serviving violation detailed specifically. Thank you for your assistance.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-17

TX

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I need your assistance in investigating my mortgage company, SPS. They claimed that I defaulted on the HAMP. Reason being was that they said after placing me on the HAMP, they realized that I was unemployed when they, XXXX XXXX placed me on the HAMP and after realizing that I was getting unemployment checks ( which they received copies of in the modification packet ; they kicked me off the program. I made three trail payments them they sent me the permanent payment plan but then re-sended, claiming that because I was unemployed I did n't qualify for the program. Then they went into my husband account and took out a payment and he is not even on my loan.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-17

CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: My loan was sold from XXXX XXXX to Select Portfolio [ SPS ] Servicing on XX/XX/XXXX. When my loan transferred from XXXX Bank, I was given a final modification of my mortgage. I never received the modification agreement and called SPS to have my modification agreement sent to me as they were my new servicer. SPS informed that I had to get the agreement from the XXXX XXXX. XXXX XXXX informed me that my loan was sold and my case was closed. I then, was told to reapply with SPS which I did. At the time of my modification with XXXX, the value of my house was approximately XXXX dollars according to XXXX XXXX appraiser. Now I am in a dispute with SPS who states my home is now worth XXXX dollars even though we have an appraisal at XXXX which was completed on XX/XX/XXXX. SPS refuses to accept the correct value, and has my home in foreclosure. SPS also refuses to modify me due to their inflated evaluation. SPS withheld my modification that was written by XXXX since XX/XX/XXXX when they took over the servicing of my loan.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2015-07-17

Teaneck, NJ

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

2015-07-17

Oxford, GA

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

Complaint: On XXXX XXXX, 2015 I filed for a chapter XXXX as a result of my lender instituting foreclosure procedures. My home was scheduled to be foreclosed on at the courthouse steps on XXXX XXXX, 2015. As a result of the filing it halted all proceedings from debt collectors, attorneys etc. After informing by lender of this filing they asked me what where my intentions with the property and I informed them that I wanted to keep the property and just catch up the missed payments. The bank informed me that i couldnt pay what was owed because it showed that the home had been foreclosed on until the foreclosure status on my account had been removed I could n't pay on it, pay what was owed, do a workout option or anything to move forward. I was told that the sale had to be resended and then I could move forward. That was XX/XX/XXXX and now we are XX/XX/XXXX and we still can not move forward because it is currently showing that property was foreclosed on and it hasnt been removed from there system. I now owe more which is not fair making it more difficult to work out something with my lender and catch up due to internal operations and lack of due diligence.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-16

Five Points, NC

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I got conflicting information on an accepted loan mod from XXXX XXXX XXXX and do n't know what to do
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with non-monetary relief

Disputed: No Timely Response

2015-07-16

MA

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: An illegal foreclosure has been started against my home, even though I was still in the modification redemption process. I will file a Chapter XXXX bankruptcy petition to stop this action if necessary, but under the amended Fair Debt Collection Practices Act of XXXX XXXX, 2014, I was protected of any ongoing actions for a foreclosure action until all modification remedies have been exhausted. Select Portfolio Servicing , Inc. has through their lawyers brought this foreclosure action against me, thus violating my rights under FDCPA.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-16

MS

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Select Portfolio Servicing began servicing my mortgage in XXXX 2013.After it was transferred from XXXX.I have been applying for a modification with SPS since that time.to no avail.I am always told that the information that I have provided is incomplete.As a result I was notified that I have no home retention options available. So I agreed to a Deed in Lieu. I was never contacted by anyone or received any documents to sign to began the Deed in Lieu process. I tried several times to contact my relationship manager { XXXX XXXX } .But only spoke to someone in her department.During this time Received a pay increase and submitted another modification package through XXXX . I received a call on the very day that the modification was submitted from XXXX XXXX .She said that the complete modification package had been received, but it would not be reviewed because a sales date had been set.When I inquired about not receiving any documents in regards to the Deed in Lieu she became very rude and said that she could not hear me and that she would have to end the call.Now I realize that SPS never intended on giving me the opportunity to prove that I am capable of making my mortgage payments. Their only goal was to take my home the way they have taken so many other hard working Americans homes.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2015-07-15

Charlotte, NC

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Company believes complaint is the result of an isolated error Closed with explanation

Disputed: No Timely Response

2015-07-15

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

2015-07-15

Adelaide, CA

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: No Timely Response

2015-07-15

Suffolk, VA

Other

Mortgage: Other mortgage

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

Disputed: No Timely Response

2015-07-15

Colfax, IN

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

2015-07-15

Fort Lauderdale, 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

2015-07-15

TX

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: We believe that our loan servicer ( SPS ) is not following MHA guidelines in connection with their review of our Request for Mortgage Assistance. According to MHA Handbook XXXX XXXX, Section XXXX an Acknowledgement and Incomplete Information Notice " must include a specific date. '' They gave us a date of XXXX XXXX to send in a complete information package. They ignored the XXXX XXXX date and sent us a letter dated XXXX XXXX saying the had received a complete package. How could they say they had a complete package when we had not sent one?????? Our other even greater concern is that we believe that we qualify for HAMP and SPS does not acknowledge that we made a HAMP request in any of the letters regarding our loan application review that they have sent to us. We contacted MHA XXXX and they said that loan servicer should first consider HAMP before any other loss mitigation options. Below is a list of HAMP eligibility criteria : ( 1 ) Delinquent on mortgage ( 5 months behind ), ( 2 ) Obtained the mortgage before XX/XX/XXXX XX/XX/XXXX ), XXXX 3 ) Our property has not been condemned, XXXX 4 ) Owe less than {$720000.00} ( {$370000.00} ) ( 5 ) We have not been convicted of any crime in connection with a mortgage or real estate transaction, and ( 5 ) We pass the Net Present Value Test,. We wish that SPS would finally acknowledge this and give us a HAMP loan. Why are they not telling us anything about HAMP when reviewing our applications? SPS did send us separate letters about assignment of an appointed of a HAMP relationship manager. The last time I talked to one of the HAMP relationship managers they wanted us to pay our delinquency or agree to a short sale or deed in lieu of foreclosure. They also said that we could not request a HAMP. I do n't understand that. They have never given us a HAMP so why should we not be able to apply. But these conversations cause me a great deal of stress, and do not wish to talk to any SPS person that has the same old story.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2015-07-14

Cumberland, RI

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