SELECT PORTFOLIO SERVICING, INC

2019-03-20

AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Bait and Switch tactics, refusal to supply requested legal documentation, refusal to supply requested information requested by Notices of Dispute, Notices of Error, Notices of Appeal, Qualified Written Request and verbal/written requests. Dear Madam or Sir : My financial situation has changed ( improved greatly ) since XX/XX/XXXX and I was told by Select Portfolio Servicing representatives that this does not matter and that SPS will not accept my documents. After repeated requests to re-examine my new financial situation for a fair modification, not a huge re-payment plan, SPS still denies me of my offer to re-submit new financial documents, discriminating against me. Here is a timeline of my correspondence with SPS showing how I have requested MANY times to resolve disputes by requesting an appointment to travel to XXXX XXXX XXXX where I was originally told SPS held these crucial original documents for my and my legal teams review. As you will see, I have been given nothing but the run around and delays yet the Sale Date of XX/XX/XXXX continues with these Disputes as well as Appeals unanswered. I am again asking for the following information, appointments, verifications which have all been requesting in official Notices previously yet NOT observed nor fulfilled by SPS : 1. ) I am requesting a thorough breakdown on the details used to deny me a modification and how SPS came up with this ridiculously high Repayment Plan. Especially since I have previously completed a Trial Plan making 5 payments instead of 3 as stated. I never received the modification documents I was told was in the mail! 2. ) I am requesting that SPS review my changed financial situation in order to obtain a fair and affordable modification 3. ) I am requesting that my Qualified Written Request be answered with full details. Please include documents, breakdown of meaning of codes used, fees broken down and explanations that are understandable. 4. ) I am requesting an in person appointment for me and my legal team to view in person the original Note and Deed of Trust held together at a SPS location I was told in XXXX XXXX XXXX. I also want to view the full Chain-Of-Title including all Assignments and Substitution of Trustee legally filed/recorded documents to show us how SPS/XXXX have legal standing to service this loan. XX/XX/XXXX SPS REP. XXXX XXXX I requested the XX/XX/XXXX sale date to be postponed so I could re-submit documents for a modification not a repayment plan as the plan is 3 times what my initial payment I defaulted on was. This will ADD to my hardship not help me! XX/XX/XXXX-XXXX SPS Ombudsman Dept. Rep XXXX XXXX Concerning my Notice of Dispute/Error ( S ) He acknowledged that I had previously requested on XX/XX/XXXX a personal viewing of the Wet-Ink signature ( s ) of the Note and Deed of Trust, full chain-of-title ( including Assignments and Substitution of Trustees ), and was told again that it was in process and could take 4-6 weeks. XX/XX/XXXX XXXX SPS Ombudsman Dept. XXXX XXXX-I was told SPS had not received the proper legal documents requested yet on XX/XX/XXXX from XXXX XXXX, the proposed legal owner, and that I was to keep checking back for their arrival. At that point they would set an appointment for me to review by their advocacy department. XX/XX/XXXX XXXX SPS REP XXXX XXXX Acknowledged that SPS had received my Notice of Dispute/Error ( s ) and also my Notice of Appeal for a modification instead of the Repayment Plan that was 3 times as high as my original payment. I was told all had been received and it was being handling by their Advocacy Department in escalations. XX/XX/XXXX XXXX SPS REP XXXX XXXX I was told that my file was in Dispute Status and also Appeal Status and that my requests were being view I asked if I could speak with someone in this department and I was told no, they do not take phone calls. I requested that the XX/XX/XXXX sale date be postponed and was denied so I asked to speak with a supervisor as this was Dual Tracking! I asked to speak with a supervisor. I was then transferred to Ombudsman Dept. XXXX XXXX and formally requested again that the XX/XX/XXXX sale date be postponed so we had time to receive and review their answers to my Appeals and Disputes. This was noted in my file. Sale date NOT cancelled nor postponed. XX/XX/XXXX XXXX SPS Rep XXXX XXXX SPS acknowledged receipt of my Dispute Letter dated XX/XX/XXXX and that no matter what SPS was going through with the XX/XX/XXXX sale date rather in Dispute or Appeal status. XXXX-SPS Ombudsman XXXX XXXX in the Executive Office-I was told now that SPS had requested the legal documents from XXXX XXXX back on XX/XX/XXXX and had not received them yet, even though it has been almost a month since my request. With this being said, SPS still WILL NOT cancel the XX/XX/XXXX sale date! This leads me and my legal team to believe that SPS/XXXX XXXX dont actually possess these documents and therefore, are trying to stall me in order to follow through with this illegal foreclosure as they can not prove legal standing to me or my legal team. This concerns me GREATLY and needs to be investigated immediately since they have not proven they have a legal right to modify OR foreclose! XX/XX/XXXX XXXX SPS Rep XXXX XXXX SPS acknowledged that my Disputes and Appeals were still in review and so I asked for the XX/XX/XXXX sale date to be cancelled/postponed until SPS could set up my appointment for review of original documents they stated they held as well as the information requested in both my Disputes and Appeals. Again, I was told that everything was in review and they would not cancel the sale date. I asked to be transferred to a supervisor : XXXX SPS Ombudsman XXXX- I was told that the legal documents have finally arrived at SPS and are being reviewed by their research Department. Until they have completed their review they will not set an appointment for me to drive to XXXX XXXX XXXX to view. I was told to check in tomorrow for updated status. XX/XX/XXXX XXXX SPS Rep XXXX XXXX- After explaining AGAIN what I was waiting for, once AGAIN I was told that the XX/XX/XXXX sale date would not be cancelled/postponed even though none of my Notices of Disputes, Notices of Errors, Qualified Written Request or Notice of Appeals had been answered! I asked if the review was completed on the XXXX XXXX original documents so I could schedule an appointment and was told it was not ready. It is obvious at this point that they do not have legal standing or they would have provided me access for viewing and would have cancelled the XX/XX/XXXX sale date in order for us to drive to XXXX XXXX XXXX for review, as per my legal rights provide and SPS is only interested in stealing my property in an illegal foreclosure on XX/XX/XXXX! Select Portfolio Servicing INC and XXXX XXXX XXXX have NOT provided me with the requested documents, have not set up my appointment requested for review by me and my legal team, have not cancelled my XX/XX/XXXX sale date while in Dispute and Appeal Status and has committed dual tracking violations amongst many other deceitful, unfair business practices during this entire process. Sps seems to think that they are above our State and Federal Laws and do not need to abide by fair business practices with their completely deceptive work ethics in dealing with a homeowner. Until all of my questions have been answered to me and my legal team satisfactorily, as well as all requested documents obtained and reviewed, I am demanding that this illegal XX/XX/XXXX sale date be cancelled. I have filed a XXXX XXXX should SPS decide to illegally go through with this sale to which they will be held accountable to this illegal behavior. Thank you for your time and efforts, as I do intend to keep my property.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-20

San Bernardino, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Our mortgage was bought by a different lender SPS Loan Servicing, we were behind due to loss of income, and the lender asked that we start making payments XX/XX/2017, yet have reported to the credit bureaus since XX/XX/2017. We had already been having problems with paying our mortgage, and they suggested filing for a modification. That was done 3 different times because of paperwork issues, each coming back with no qualification, and never being able to work with one or two different people, each phone call was with a different person, and we only made one payment to them since they took over the loan, in which they sent back. We knew we were headed for foreclosure, and made a last ditch effort to Keep Your Home California, and we were approved for {$14000.00} and we would have to first pay approximately {$1600.00}, and combined would have brought us current. However, the lender would not accept 2 different payments, spoke with at least 8 different people, all saying the same thing. So Keep Your Home California, told us they could not send their payment until the lender accepted our payment, and then the program closed. Now we are being foreclosed on.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-20

Encino, CA

Struggling to pay mortgage

Mortgage: Home equity loan or line of credit (HELOC)

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

Timely Response

2019-03-19

Jupiter, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2019-03-19

Anthem, AZ

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2019-03-19

Naples, FL

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2019-03-19

AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: PLEASE SEE ATTACHMENT As per your letter dated XX/XX/2019 pertaining to Select Portfolio Servicing transaction history, which includes Corporate Advance History, Fee History and Escrow Disbursement History, I am requesting clarification of specific detailed accounting of various and repeated charges to my account which I have circled on your forms provided. I am further requesting valid verification of documents showing specific details of charges performed, not just listed. I am also requesting clarification of all headings i.e. transaction codes, reason codes, payee codes, payee description, Processor ID, Recoverable Codes and Recoverable descriptions along with all other headings. In order for my legal team and me to review these fees given to my account, by law I am requesting SPS to provide a clear breakdown of all charges incurred.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-19

Juniper Hills, CA

Trouble during payment process

Mortgage: Other type of mortgage

Complaint: NOTICE : Filing on behalf of XXXX XXXX XXXX and XXXX XXXX XXXX for Property XXXX XXXX XXXX XXXX XXXX CA [ XXXX ]. They have made multiple attempts to contact us after this payment was submitted on XX/XX/XXXX. As well they have contacted family members out of state with foreclosure information. Please be advised made up accounting records in-house do not show a. a history of an alleged loan b. validation c. nor verification. It comes across as fraud and is fraud for that information is made up and isn't real. Validation and Verification by law is wet signature, on contract, the contract signed by both parties making it a valid contract and consistency within the said or alleged contract. Where in this case there is too many fraudulent inconsistencies. i XXXX XXXX XXXX have made multiple attempts for payments even though the responders have never verified nor validated this alleged debt. On be half of XXXX XXXX XXXX XXXX XXXX XXXX have made a TENDER OF PAYMENT OFFERING The Federal Emergency Relief Act of 1933 - AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds, to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. The Federal Emergency Relief Act of 1933 Approved, XX/XX/XXXX ( Sec. 4. ( a ) ) " The ownership of all property is in the state by virtue of the government '' Under thenew law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation.It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, XX/XX/XXXX on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federalreserve banksand for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any FederalReserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption - ( Dec. 23, 1913, ch. 6, 16 ( par. ) ,38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) Select Portfolio Servicing Inc, Select Portfolio Servicing Inc, Title ; XXXX XXXX XXXX XXXX : PAYOFF DEPARTMENT XXXX XXXX XXXX XXXX XXXX XXXX, UT [ XXXX ] Routing/ABA # XXXX Account # XXXX and XXXX XXXX XXXX XXXX XXXX not limited to others herein this matter not limited to subsidiaries, trustees and such the like have been and are hereby notified that I do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligation and must be handled in accord with the dictates of statute. I XXXX XXXX have accepted the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. You SPS and others was and are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. You have placed my home up for sale without fair trade value offered to me in the amount of $ XXXX, XXXX INTENTIONS : The above United States government obligations is hereby accepted and acknowledged and I do assign and pledge the total value of the obligation to the United States of America through the United States Department of the Treasury to be redeemed for value and receivable at the Federal Reserve, the Federal Reserve Bank, and/or any member bank and/or national Association as prescribed by statute ( the act of XX/XX/XXXX ; the act of XX/XX/XXXX1933 ; 12 USC 411 ; 18 USC 8 ; and the intentions of the United States Congress concerning THE CURRENT SERIOUS NATIONAL EMERGENCY ). " Since XX/XX/XXXX, the United States has been in A STATE OF DECLARED NATIONAL EMERGENCY. " Senate Report XXXX, XX/XX/XXXX ; XXXX XXXX XXXX - XX/XX/XXXX and 7 CFR XXXX Servicing of insured notes outstanding with investors. ( i ) endorse theinsured noteas follows : Pay to the order of Select Portfolio Servicing Without recourse. The holder will theneliver the endorsed note, to theDirector, Finance Office. ( ii ) On receipt of the endorsed note theDirector, Finance Office will acknowledge receipt of the note and process payment to the assignor of thepar valueof the note as of the date of the Treasury check. XXXX for account No. XXXX XXXX XXXX Account - XXXX $ XXXX, XXXX XXXX XXXX XXXX XXXX XXXX Memo : Discharging of Government Obligations Beneficial Interest Holder and Citizen of the United States of America Now that SPS XXXX and others have listed the home for sale by Trustee such has damaged the image and good names of the property owners and by law for such actions the corporations involved are responsible for all damages losses and missed employment wage opportunities including the sale of the home on two occasions. This CFPB venue acts as an administrative venue as a result of the administrative acts and the presidential proclamation XXXX, XXXX, and XXXX - for which the presidents of the United States have exercised Emergency Powers Jurisdiction continuously, from XXXX to the present, according two the Senate report on national emergencies associated with the National Emergencies Act. To insure this information is not ambiguous, nor is it foreign to government, for the Senate of the United States Congress has verified the aforementioned facts. Complaint is entitled to the relief of damages in equity, as equity must cause equity to be done, thought the heavens fall ; Complaint is entitled to relief in the form of damages for the following reasons : Respondent [ s ] has taken private property and or have made claims upon preventing sales of said property located at XXXX XXXX XXXX XXXX XXXX CA [ XXXX ], the complainants are under extreme duress and may have experienced threats of violence against Complainants lives, property, liberties without just compensation, without the expressed and/or written consent of Complainant. Respondent had a duty to respond to all complaints and questions because of the legal special relationship of the parties and by not responding directly to the complaint the Respondent is in breach of trust, because of the infant estate and duty of care associated therewith/thereto is an express trust : During the process the court [ s ] and other venues may have over looked the facts that the disclosures where either not done in full or with clarity when requested. It appears that the Appellees are simply attempting to steal/take the property of the Appellants without just cause of the laws codes and ordinances mentioned herein. Therefore this court and if not this court the Supreme Court must act accordingly to The Federal Emergency Relief Act of 1933 - AN ACT and " Since XX/XX/XXXX, the United States has been in A STATE OF DECLARED NATIONAL EMERGENCY. '' Senate Report 93-549, XX/XX/XXXX ; Public Law 94-112 - XX/XX/XXXX and 7 CFR XXXX Servicing of insured notes outstanding with investors. There are other violations mentioned herein. It is also not clear as to whom payment is to be made to for multiple letters via USPS mail have arrived with many changes as in whom to contact and which department to contact. Such is confusing and misleading and error. Maxims of Equity and Adjudication States that a court of equity [ 56 ] to protect and enforce right to property the object of suits in chancery. the term property, as used in this section, includes that is the subject of exclusive individual ownership ; or, to be more specific, includes not only lands, houses, goods and chattels, rights and credits, but, also, a mans person, and his wife and minor children, and his right to work, and to sell and acquire property, and engage in any lawful business, and his and their reputation, health and capacity to labor, and his and their right to enjoy the senses of sight, smell hearing taste, and his and their right of speech and locomotion, and his and their right to enjoy their sense of moral propriety when normal. As men live by their labor and property, no man is presumed to part with either without receiving or expecting and equivalent in value. Hence, whenever one person has obtained either the labor or property of another he should pay or account therefor, unless he can prove it was a gift, and so, whatever injury one person does to anothers property or capacity to labor should be made good whatever injury one person does to anothers property or capacity to labor should be made good in the amount of foreclosure and other damages loss of wages etc, .. current value. Senate Report 93-549, XX/XX/XXXX ; Public Law 94-112 - XX/XX/XXXX and 7 CFR 1901.508 Servicing of insured notes outstanding with investors. other violations mentioned herein.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-19

Greenwood, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Hi my is name XXXX XXXX. I still have have some concerns with my servicer Select Portfolio Servicing. I have a scheduled foreclosure sale schedule soon on XX/XX/XXXX. Recently I have faxed and mailed in a loan modification Request for Mortgage Assistance form along with all the necessary documents that are essential to having a complete packet. SPS have received a complete Request for Mortgage Assistance packet and its under review. Im still just worried that they will play some game right before the sale and foreclosure on my home. They still have not cancelled or postponed the sale even though they have a complete loan modification packet and its still in underwriting review. This is a continuous game they play and always are putting me on the edge and fear that I will lose my home. Can they just cancel the sale and work with me. Give me a good loan modification with a principal reduction or something that I could afford monthly. As part of this bailout, on XX/XX/XXXX, the United States Government took over XXXX XXXX and pumped XXXX, which in XX/XX/XXXX, then Treasury Secretary XXXX XXXX said as much as {$200.00} XXXX would be pumped into XXXX XXXX and XXXX XXXX, each, which was separate from the {$700.00} in TARP funds given out to other lenders. 1. The guidelines issued by the United States Treasury set forth a detailed process whereby a participating servicer, either action or not acting through its subsidiary, must : a. identify loans that are subject to modification under the HAMP program, both through its own review and in response to requests for modification from individual homeowners ; b. collect financial and other personal information from the homeowners to evaluate whether the homeowner is eligible for a loan modification under HAMP ; c. institute a modified loan with a reduced payment amount as per a mandated formula, that is effective for a three-month trial period for borrowers that are eligible for a modification ; and d. provide a permanently modified loan to those homeowners who comply with the requirements during the trial period. Whether the homeowner qualifies for a modification or not, participating servicers are also required to provide written notices to every mortgage borrower that has been evaluated for a loan modification, whether or not the borrower has been found eligible. HAMP and its associated directives also set prohibitions against certain conduct including demanding upfront payments in order to be evaluated for a loan modification, instituting or continuing foreclosures while a borrower is being evaluated for a loan modification, assigning a single point of contact, maintaining an adequate level communication with borrowers, maintaining proper caseload to ensure HAMP objections are met, and restrictions on the way a servicer may report the borrower to credit reporting agencies. All servicers have systematically failed to comply with the terms of the HAMP directives and has regularly and repeatedly violated several of its prohibitions. Now that HAMP is over and expired due to servicers prolonging these modifications they are now proceeding with other alternatives. Under HAMP, the federal government incentivizes participating servicers to make adjustments to existing mortgage obligations in order to make the monthly payments more affordable. Servicers receive at least {$1000.00} for each HAMP modification. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by the servicer. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer such as Select Portfolio Servicing , Inc. to avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by Service companies because Service companies do not carry a significant risk of loss in the event of foreclosure. California Business and Professions Code 17200 et seq., also known as the California Unfair Competition Law ( UCL ), prohibits acts of unfair competition, including any unlawful, unfair, or deceptive business act or practice as well as unfair, deceptive, untrue or misleading advertising. Select Portfolio Servicing, Inc. and all other previous servicers and their Investors conduct was unlawful in that : They illegally began and prosecuted the non-judicial foreclosure based on the lien to the 1st Deed of Trust, despite i was not in breach of payments on said lien ; They engaged in the uniform practice of requesting unnecessary documentation, seeking repetitive submissions of the same documents, and never rendering a decision, and in doing so, such activity provides the basis for an unfair inquiry and could deceive the public because it places burdensome requirements on me that served no purpose but to provide a basis for either engaging in Dual Tracking by selling my home and by denying loss mitigation options, such as loan modifications ; They failed to properly consider loan modification applications before trying to sell my home. 1. On information and belief, Select Portfolio Servicing , Inc. does not own a significant majority of the loans on which it functions as servicer. 2. Economic Factors that discourage Select Portfolio Servicing , Inc . 3. from meeting its obligations under HAMP by facilitating loan modifications include the following : a. Select Portfolio Servicing, Inc. may be required to repurchase loans from the investor in order to permanently modify the loan. This presents a substantial cost and loss of revenue that can be avoided by keeping the loan in a state of temporary modification or lingering default. b. The monthly service fee that Select Portfolio Servicing , Inc. as the servicer, collects as to each loan it services in a pool of loans, is calculated as a fixed percentage of the unpaid principal balance of the loans in the pool. Consequently, the modifying of a loan to reduce the principal balance results in a lower monthly fee to the servicer. c. Fees that Select Portfolio Servicing , Inc. charges borrowers that are in default constitute a significant source of revenue to it. Aside from income Select Portfolio Servicing , Inc. directly receives, late fees and process management fees are often added to the principal loan amount thereby increasing the unpaid balance in a pool of loans and increasing the amount of the servicers monthly service fee. d. Entering into a permanent modification will often delay a servicers ability to recover advances it is required to make to investors of the unpaid principal and interest payment of a non-performing loan. The servicers right to recover expenses from an investor in a loan modification, rather than a foreclosure, is often less clear and less generous. e. Fixed overhead costs involved in successfully performing loan modifications involve up-front costs to the servicer for additional staffing, physical infrastructure, and expenses such as property valuation, credit reports and financing costs. 4. Rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, Select Portfolio Servicing , Inc. has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted XXXX of dollars from the United States. Select Portfolio Servicing, Inc. delay and obstruction tactics have taken various forms with the common result that my loan serviced by Select Portfolio Servicing , Inc., in which iam eligible for permanent loan modifications, and have met the requirements for participation in HAMP, have not received permanent loan modifications to which iam entitled. 5. By failing to comply with the California Homeowner Bill of Rights ; specifically, by engaging in the unlawful practice of Dual Tracking, Select Portfolio Servicing , Inc. has left me in a state of despair and panic as I seek a loan modification from Select Portfolio Servicing Inc., only to have my home wrongfully, oppressively and illegally sold out from under my feet. If they proceed with the sale they will be violating the California Homeowners Bill of Rights Act
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-19

Tarzana, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: On XX/XX/XXXX a Deed of Trust ( DOT ) and a promissory note ( NOTE ) for {$550000.00} was executed between myself, the homeowner and XXXX XXXX XXXX ( XXXX ), a bank that failed in XX/XX/XXXX. A Notice of Default was filed on XX/XX/XXXX, and at the same time an assignment of deed of trust was recorded by XXXX XXXX NA ( XXXX ) in XXXX county recorder office. This assignment shows a transfer to a defunct bank, XXXX XXXX, as trustee when there is no substitution of trustee by the original Bank ( XXXX ), of the DOT as required by section 23 and 24 of the DOT. SEC documents shows that the same deed of Trust was already transferred to XXXX XXXX in XXXX which voids the second transfer with XXXX specially when there is no indication that the specific DOT or NOTE was ever transferred to XXXX by XXXX or any other beneficiary lender. The transfer in XXXX had no assignments recorded/ or unrecorded, endorsements, or " paid to the order of '' anyone, and no value ever paid to the DOT or NOTE. This indicates that XXXX acted with unclean hands and also indicates that XXXX assignment in XXXX is an attempt to restore this deficiency by at least assigning it between third parties interveners to make believe as if these parties are the beneficiary lenders and that the assignment executed according to the DOT agreement. From XXXX to XXXX XXXX requested payment, and in order to keep my house, although a questionable servicer and beneficial lender, I tried to modify and was rejected every time. XXXX attempted to foreclose while stating that there is no sale in the property and then admitted that there were 2 systems ( XXXX and XXXX ) that were giving conflicting information between homeowners and inter-banks, which created a situation of banks foreclosing while informing the homeowners that there is no sale posted. They also admitted that they did not want to modify the loan because the investor is " anxious to sell my property ''. XXXX transferred the alleged servicing of the loan to SPS In XXXX. From XXXX to XXXX I have continually tried to modify and was denied. In several occasions while in modification review, a notice of sale was posted on my house which is to my knowledge, a Dual Trucking violation. I requested from SPS a proof that they have the right to collect on the mortgage but all they sent is the same recorded document of the DOT and NOTE in which none was original and every person can retrieve. They stated that the original DOT is in their vault in XXXX XXXX XXXX and that I can come and see it. Later in Bankruptcy court they admitted that they don't have the DOT or the NOTE in their possession since they are the servicer, but did not issue any original recorded or unrecorded documents from the entity they are servicing for as well. There is no binding agreement established, between XXXX and XXXX XXXX or any of the alleged claimants to the DOT and NOTE even when I filed a complaint with the Department of Business Oversight ( DBO ). In XXXX, XXXX they denied receiving a complaint from the DBO and suddenly " found it '' once the XXXX representative contacted them and instead of replying they continued with the sale date which had me file for bankruptcy to stop it. After dismissing the BK I have submitted to SPS a Request for Mortgage Assistance ( RMA ) to modify and to start paying the verified modified amount they voluntarily paid for on my behalf. I have received a pre-payment plan that had an inflated amount and not a modified amount as requested. I appealed their denial and resubmitted a new RMA based on change of circumstances in Income. SPS in their evaluation indicated that the income is XXXX which was wrong, and in fact income is not a value that they considered in their evaluation. They have based their decision attaching a loan number and information of a different borrower. I resubmitted a new modification on XX/XX/XXXX based on credit score change that was a relevant value in their NPV eligibility calculation, this modification was ignored and was never checked for accuracy or reviewed for eligibility since while in Modification review and prior to the decision rendered on XX/XX/XXXX, the account was already sent out to the foreclosure department on XX/XX/XXXX another Dual Trucking violation. This indicate that they have premeditated a constant decline in the RMA and their anxiousness to foreclose on a house that they did not paid the NOTE value for, that in their Notice To Potential Bidder of the Notice of Sale ( NOS ) they admitted that they are not selling the property only the lien although the NOS is a sale auction of the property not a sale auction of the lien. That they can't show a completed SEC Form 3, initial Statement of Beneficial Ownership of Securities, or a completed SEC Form T-3 for the qualification of an indenture that must be filed with the SEC if indeed this transaction in XXXX was a true one. Right now there are 2 RMA 's that were submitted to the Loss Mitigation department that are completely ignored, an appeal that was submitted on XX/XX/XXXX after the modification was submitted and since they have already transferred my account to the foreclosure department on XX/XX/XXXX it seems as they are once again determined to foreclose and deny the appeal as usual. It is interesting to note that the very certificate holder, had already sued the claimants SPS is servicing for, for fraud and the case was settled. SPS has been misrepresenting itself stating they have the original NOTE and DOT when according to the Bankruptcy documents, they stated that they do not have it in their possession. They misrepresented themselves stating they are reviewing the Modification application when they have already submitted for a legal action, they had posted Notice of Sale on the property when they actually not selling the property only the lien, they misrepresenting that they are representing the security holder of a certificate when this certificate holder sued them for fraud, they have performed Dual Trucking violation by a premeditated decision to foreclose prior a decision made. I have many hours of conversation recorded by consent that would support their misconduct, misrepresentation and wrongdoing.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-19

AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Continual bait and switch pertaining to documents, dual tracking while in active modification, fraudulent behavior pertaining to offering an outrageous re-payment plan after I paid the TRIAL PAYMENTS which was long ago but never gave me the modification, even though I was told it was " in the mail '' and to please be patient with them as they were running behind. It never came in the mail and I was told to continue making the TRIAL PAYMENTS, which I did for 2 more payments until a representative asked me why I was still making the Trial payments when I was only supposed to make a total of 3 payments? I said because I was told if I stopped I wouldn't get the modification papers. This Rep. said that was not true, that according to my Trial Plan only 3 payments were necessary to fulfill the terms. He said to stop making payments and to wait for the modification documents in the mail. Those documents never came. No explanation came either. Then months later after MANY calls they asked me to submit new documents again. Now this is the offer given, an enormous repayment plan not a modification as promised! These are the behaviors, deceptive and unfair business practices that the general public has to wade through in order to not have your home taken away. Select Portfolio Servicing INC., is laden with harassment, corruption and fraudulent displays of incompetent lies. The C.F.P.B. must hold these debt collectors accountable for Dual Tracking and other deceptive practices or else we will be turning our country over to complete lawlessness, which we are pretty close now. My request is that you investigate this company and hold them accountable. XX/XX/XXXX- Select Portfolio Servicing ( SPS ) Representative XXXX XXXX-XX/XX/XXXX sale date/transferred to ( ombudsman ) XXXX XXXX . I was told SPS received my documents for modification and reviewed on XX/XX/XXXX and that my file was in ACTIVE MODIFICATION. I requested that the XX/XX/XXXX sale date be cancelled as this constitutes violations of DUAL TRACKING. XX/XX/XXXX-SPS Rep. XXXX XXXX XXXX I called to verify that SPS had received my financial documents for modification, now SPS is telling me that they never received my documents, even though I was told on XX/XX/XXXX, 2 days earlier that my documents had been received and verified and reviewed on XX/XX/XXXX. This activity of BAIT AND SWITCH should never be allowed. SPS figures that if they can lie and convince homeowners that they have never received the ACTIVE MODIFICATION DOCUMENTS that it will put them in a position to foreclose on the XX/XX/XXXX sale date and not be DUAL TRACKING. I requested the XX/XX/XXXX sale date to be postponed/cancelled and explained that the documents were received and in review as stated on XX/XX/XXXX by Rep. XXXX XXXX, as this constitutes DUAL TRACKING. XX/XX/XXXX-SPS Rep. XXXX XXXX He requested the new 2 page RMA form and verified that all of my documents had been received and in review back on XX/XX/XXXX but did not have all of the documents needed, even though I had complete verification that SPS received all financial documents for Active Modification. SPS has again denied that they have not received all my documents, trying to disqualify my file for modification, so SPS can put themselves in a position to foreclose on XX/XX/XXXX. Once again, I requested postponement/cancellation of XX/XX/XXXX sale date as this constitutes dual-tracking violations since XX/XX/XXXX my documents were verified received and in review. XX/XX/XXXX-I emailed the new 2 page RMA requested on XX/XX/XXXX since they no longer were excepting the regular 7 page RMA that I sent in and was accepted on XX/XX/XXXX. This is now the second time I am sending the same documents in but now SPS wants it on a different format. SPS uses these strong-arm tactics to discourage homeowners from keeping and trying to keep their homes. As if you dont, repeatedly send the redundant documents, they will not postpone the sale date and take your home. DUAL TRACKING is in serious violations!!!! SPS has clearly received and verified my documents and is now still pretending that they have not received them, this is corrupt to say the least!!! XX/XX/XXXX XXXX-verifed SPS received 2 page RMA I just emailed in. XX/XX/XXXX-SPS Rep. XXXX, XXXX- Quite unbelievable at this point, SPS pretended that they did not receive my new 2 page RMA verified on XX/XX/XXXX at XXXX. Once again incompetent dual tracking violations and just all out pathetic behaviors! I requested XX/XX/XXXX-sale date to be postponed/cancelled. XX/XX/XXXX SPS Rep. XXXX XXXX XXXX-Once again, after reviewing file, and again saying that SPS did not receive it ( what do these clowns do? ) They now are lying and saying they never received it even back on XX/XX/XXXX and again on XX/XX/XXXX! WOW! What a great strategy to steal properties! Just keep denying that any documents have been received! I requested that the XX/XX/XXXX sale date be postponed/cancelled again. XX/XX/XXXX-Yes, again I emailed my FULL PACKAGE to SPS-this constitutes ( 3 ) three times emailing the same documents. XX/XX/XXXX SPS Rep. XXXX XXXX He verified that SPS received the new 2 page RMA yesterday. Sale date was finally postponed to XX/XX/XXXX, as documents were finally received and verified again. Must this be the fraudulent actions and process to in good faith get your documents processed? XX/XX/XXXX SPS Rep. XXXX XXXX- Now tells me that the sale date of XX/XX/XXXX will be postponedreally?. This is after a day before, XX/XX/XXXX SPS Rep XXXX XXXX told me the sale date of XX/XX/XXXX was postponed and moved to XX/XX/XXXX. These people at SPS are delirious! Once again, conflicting messages! And out of nowhere offers me a horrendous fraudulent repayment Plan, really? Yes, make 12 payments of {$5300.00} per month, then on month 13, deposit {$320000.00} for the arrears. This is not a repayment plan, but a forced down anchor. No help here, just a good ol cram-down. XX/XX/XXXX SPS rep. XXXX XXXX XXXX- He advised me of a NEW sale date of XX/XX/XXXX. Dual tracking while my documents are still pending my review, as I have not received by mail yet. XX/XX/XXXX SPS rep. XXXX XXXX XXXX-I requested the XX/XX/XXXX sale date to be postponed/cancelled as per the CFPB Dual Tracking law violations. XX/XX/XXXX SPS rep XXXX XXXX XXXX- Verified documents were in review since XX/XX/XXXX. She threatened that if I do not accept the cram-down Repayment Plan that there would be no further review. Serious Dual Tracking! And Rep. XXXX acknowledged that since XX/XX/XXXX my documents were in review which constitutes Dual Tracking. I filed a Dispute letter regarding these issues and file now in DISPUTE STATUS. XX/XX/XXXX SPS Rep. XXXX-I requested XX/XX/XXXX sale date postponement/cancellation stating Dual Tracking violations while in Dispute Status and Active Modification process.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-19

Deming, WA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2019-03-19

Lynn, MA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2019-03-18

Wesley Chapel, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My problem is with Select Portfolio Servicing , inc . I received a letter dated XX/XX/XXXX stating that they would not let me assume the mortgage of my late mother and they have rejected the modification request. I did not request a modification. I requested on XX/XX/XXXXa Repayment Plan. The XXXX XXXX XXXX XXXX XXXX also faxed them my request for a Repayment Plan. I had previously submitted all paperwork showing that my husband and I earn more than enough to pay a Repayment Plan. They never addressed the request for the Repayment Plan. I was told on the phone today -- at XXXX -- by one of their representatives ( and they have a recording of the telephone conversation ) whereby she stated that if the Investor -- which I understand is XXXX Bank -- does not want to negotiate with you -- no matter what you request -- they would not okay it. They have not stated this to me in writing. They just asked me to send the same paperwork over and over again. The letter stated that SPS is committed to home retention and there are other options available. They are giving me the run-around, and I have never heard of a bank that rejected a repayment plan. My late mother left her home to me. My name is on the deed of the home and her name is on the mortgage of the home. She passed away in XXXX of XXXX. I have been trying to resolve this ever since to no avail. SPS ( Select Portfolio Servicing ) are using deceitful means to try to take the home from me. Please help me. Thank you.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2019-03-18

Oakland, CA

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2019-03-18

Tucson, AZ

Trouble during payment process

Mortgage: Other type of mortgage

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

Timely Response

2019-03-16

AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I am sending in a Qualified Written Request to Select Portfolio Servicing as I believe they don't have legal standing to be servicing this loan. I also believe that there are " errors '' in the fees and overall accounting of this account and I am requesting verification from SPS.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-16

AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Attached is a timeline starting from XXXX XXXX,19 documenting dates/times/SPS rep names of phone conversations. I am Appealing SPS 's continued practice of illegal Dual Tracking while in Active Modification, as well as in legal disputes, and while waiting for SPS responses to my written requests. During this entire time SPS has ALWAYS held a sale date over me signifying they are not serious about modifying my loan but taking my property away with foreclosure. I am reporting SPS 's deceptive, unfair business practices, deceitful, non-transparent dealings as well as dual-tracking violations.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-16

Cumming, GA

Written notification about debt

Debt collection: Mortgage debt

Didn't receive enough information to verify debt
Complaint: YOUR COMPLAINT I am disputing the debt owed to Select Portfolio Servicing for Acct # XXXX under the name of XXXX XXXX. XXXX XXXX XXXX my loan on behalf of XXXX XXXX XXXX XXXX XXXX, as Indenture Trustee, for the benefit of the holders of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I dispute the legitimacy of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX.I have asked Select Portfolio multiple times for correct information on this trust and only receive a reponse back about who owns the trust. I need actual information on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX to prove to me that this trust still actually exists. According to my research and in talking with reps from XXXX XXXX as well as XXXX XXXX, i can't get anybody to show me recent records of this trust. In my mind it doesn't exist and I dispute the legality of Select Portfolio Servicing actually collecting on it. I would imagine sind the are representing XXXX XXXX in collecting for this trust that they would know all about it and be able to show me evidence so that I could get this mortgage back on track with a peice of mind that my money is going where it should. If you look at my earlier complaints and the response I have gotten from Select Portfolio you will see they refuse to give me the exact information I am asking for. The foreclosure date of XX/XX/XXXX should be cancelled and they should give me what I need to get things moving forward.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-16

Irmo, SC

Applying for a mortgage

Mortgage: Other type of mortgage

Complaint: I am in foreclosure with a sale date XX/XX/2019, the new underwriters who purchased the certificates from other lenders did not complete my disagreements with my previous services who were found to be negligent by CFPB CEO. The damages were not corrected the demands were placed on me as the consumer and reported to the highest banking and court organizations by myself and not resolutions has been resolved.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-15

Atlanta Naval Air Station, GA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2019-03-15

Clermont, FL

Struggling to pay mortgage

Mortgage: Other type of mortgage

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

Timely Response

2019-03-15

Glendale, CO

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Consumer Information Date Filed : XX/XX/XXXX XXXX : Mrs . First Name : XXXX Middle Name : A Last Name : XXXX Suffix : Address : House XXXX Colorado XXXX UNITED STATES Daytime Phone : XXXX Evening Phone : Fax : Email : XXXX ( email ) Business Information Business ID : XXXX Name : Select Portfolio Servicing , Inc . Address : XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX : UT Zip/Postal Code : XXXX Business Phone Number : ( XXXX ) XXXX URL : Complaint Detail / Problem Complaint Type : Mortgage Payment or Collection Issues Problem : Mrs. XXXX XXXX. Property Address:XXXX XXXX XXXX XXXX , CO XXXX Account Number : XXXX Select Portfolio Servicing , Inc. , was paid Cashiers Check by my Credit Union for XXXX mortgage payment in the amount of {$1000.00} on XXXX @ XXXX. Check no : XXXX. SPS, Inc., claimed cashiers check was never received. By law, I have to wait 90 days [ XXXX XXXX ] before I can place a stop payment on that cashiers Check which was issued with secured funds when I purchased it to pay SPS., Inc. As XXXX XX/XX/XXXX, that cashiers check has not been deposited nor has my credit union received any information from SPS.INC, or a stop payment request. On XXXX @ XXXX, a cashiers check from XXXX XXXX XXXX, for XXXX & XXXX Mortgage payments in the amount of {$2100.00} [ {$1000.00} + {$1000.00} ] Cashier check number : XXXX. SPS , Inc., automated service claimed check was received on XX/XX/XXXX. SPS., still indicated that XXXX payment has not been paid! but {$2100.00} has. XX/XX/XXXX, I called one of the service representative and he said that on XX/XX/XXXX, the cashiers check XXXX was returned for Insufficient funds. There was no return information and once again my credit union did not receive any information on a cashiers check paid from secure funds, nor would they. On XX/XX/XXXX, I received a NOTICE OF DEFAULT RIGHT TO CURE in the amount of {$2100.00} from SPS, Inc.,. After numerous phone calls with my credit union & SPS., Inc. , we had 3 way conference calls with SPS., Inc., supervisors XXXX XXXX & XXXX XXXX . Ms. XXXX confirmed that they saw cashier 's check had been received, but could not indicate where the check has been misplaced? As of XX/XX/XXXX, that cashiers check has not been deposited nor has my credit union received any information from SPS. indicating cashiers checks being returned when paid for by secured funds! Ms. XXXX indicated she would investigate this matter. on XXXX XX/XX/XXXX, a cashier Check : On XXXX @ XXXX, from my Credit Union for XXXX Mortgage payment the amount of {$1000.00} Cashier check check number : XXXX. SPS, Inc., was sent CERTIFIED MAIL [ XXXX with Adult Signature request, which was received and confirmed by SPS, Inc on XXXX XX/XX/XXXX. Desired Resolution / Outcome Desired Resolution : Billing Adjustment Desired Outcome : Matter of Cashiers checks for XXXX & XXXX payments are still missing and I am still getting unprofessional assistance from SPS. I would like cashier check # XXXX in the amount of {$2100.00} credited to my XXXX & XXXX Mortgage payment XXXX. I will be requesting a refund from cashiers check # XXXX in the amount of {$1000.00} from XXXX XXXX Check. I would like for them to locate my cashiers checks & credit my XXXX & XXXX Cashier checks to my mortgage payments. My bank will issue a refund for my XX/XX/XXXX payment XXXX # cashier check number XXXX. Complaint Background Not all of these questions are required. Please provide as much information as you have. 1. Product/Service Purchased : MORTGAGE PAYMENTS 2. Model Number : XXXX 3. Contract, Account, or Policy # : XXXX 4. Order # : 5. Purchase Date : XX/XX/XXXX 6. Date Problem First Occurred : XX/XX/XXXX Dates you complained to the company/organization 7. First Date : XX/XX/XXXX 8. Second Date : XX/XX/XXXX 9. Third Date : XX/XX/XXXX 10. Payment Made : In Full 11. Payment Method : Cashiers Check Name of Sales Person 13. First Name : 15. Last Name : 17. Purchase Price : {$3200.00} 18. Disputed Amount : {$3200.00}
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-03-14

Atl, GA

Trouble during payment process

Mortgage: FHA mortgage

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

Timely Response

2019-03-14

Clermont, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response