SELECT PORTFOLIO SERVICING, INC
Consumer Complaints
There are over 9109 complaints on file for SELECT PORTFOLIO SERVICING, INC. Dated between 2019-12-06 and 2012-02-28.
Complaints Page 45
2019-01-04
La Habra, CA
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
2019-01-04
Nyc, NY
Applying for a mortgage or refinancing an existing mortgage
Mortgage: Conventional home mortgage
Complaint: Select Portfolio Servicing ( SPS ) was th managing my mortgage for a rental property. In XX/XX/XXXX I initiated the process to refinance this mortgage with XXXX XXXX. SPS was consistently non-responsive, uncooperative, and ultimately impacted me financially as I had to pay thousands of dollars in fees due to their inaction.
Below is a detailed letter of what transpired : Through this letter, I would like to initiate a complaint against Select Portfolio Servicing ( SPS ) and request compensation for the mishandling of my investment propertys refinance.
On XX/XX/XXXX I initiated the refinance process with XXXX XXXX. At the onset, I was advised that New York requires a Consolidation, Extension, and Modification Agreement ( CEMA ) for the refinance process. The intent of the CEMA is to save customers thousands of dollars in taxes as consumers would only have to pay taxes on the amount of the new loan that is above and beyond their current unpaid principal balance. I was also given the disclosure that there would be a chance that the previous lender would not have the CEMA which would then require me to pay the mortgage recording tax on the full amount of the property.
I understood the terms provided and proceeded with the refinance. My rate lock was set to expire on XX/XX/XXXX, nearly 4 months after I started the process. Eager to move ahead, I submitted all requested documentation to the new lender, XXXX XXXX so I could refinance and realize a savings of {$440.00} per month. XXXX XXXX informed me that I had submitted everything necessary and that now we would just need to wait for SPS to respond.
Over the next few months, I followed up with XXXX XXXX and they advised that they had not heard back from SPS. When XXXX rolled around, XXXX called me and asked that I reach out directly to SPS since their own efforts were futile. When I spoke to the attorney for XXXX, XXXX XXXX, she told me she had left countless messages for SPS but never received a tangible response, just the run around. I called SPS and explained the situation but was unsatisfied with the lack of clarity I received regarding the CEMA. I even told the individual I spoke to just tell me that if they dont have the CEMA, so I could just proceed with my refinance and recognize my savings instead of continuing to wait. The representative could not provide me with a definitive answer. Frustrated, I then wrote a complaint to the Ombudsman which seemed to influence some movement ( see attached ).
Two weeks later, the attorney for XXXX notified me that she was finally able to get in touch with SPS and was speaking to their attorney. I was extremely anxious as my rate lock was going to be expiring soon and if SPS was able to provide the CEMA, I would save {$8100.00} in the mortgage recording tax. I had little confidence in SPS pulling through given the lack of accountability and responsibility they demonstrated over the last several months.
The paralegal for SPSs attorney then notified me that there was a {$1000.00} fee for requesting the CEMA. I asked what the likelihood was of obtaining the CEMA given the questionable track record of SPS previously. This was the only time the actual attorney for SPS responded and provided his assurances that they their office has had success with XXXX XXXX on similar transactions/requests ( see attached email ). In all other interactions ( before this and after ), only the paralegal had responded.
Based on the attorneys response, I decided to move forward with the CEMA as the benefit of having this documentation would again save me over {$8000.00}. I knew I was running out of time given my rate lock was expiring on XX/XX/XXXX. So, on XX/XX/XXXX once I received the attorneys assurances, I left everything at work in the middle of an audit, to obtain a bank check and drop it off in person to the attorneys office. I did everything possible to get this payment for the CEMA so I could proceed with this refinance and avoid any potential additional fees for a rate lock extension.
I continued to follow-up to check on the status. Both XXXX XXXX and XXXX ( the title company ) were on the same page in terms of what additional information was needed from SPS. Their requests to SPS were simple but the back and forth continued. Ultimately, I had to extend my rate lock. I again took a leap of faith into SPS pulling through because the attorney for SPS gave me his assurances, both XXXX XXXX and XXXX believed it was possible to obtain the necessary updates, and I as the consumer did not want to pay {$8000.00} if I didnt have to!
Unfortunately, the attorneys office for SPS insisted they could not do what was being requested even though attorneys from both XXXX XXXX and XXXX insisted that what they were asking was common and very simple to complete. The attorneys office for SPS just deflected the requests and were being uncooperative. At this point I made the decision to forgo the CEMA.
I already had a 4-month rate lock and having to go beyond that was unheard of as stated by XXXX XXXX. Each time I extended my rate lock, I would incur a fee of {$560.00}, but the extension was only good for 15 days. Therefore, I had to rely on SPS coming through quickly which is something that I couldnt do any longer given their behavior thus far. Both XXXX XXXX and XXXX expressed to me that they have never encountered anything like this before and were in disbelief about the entire situation.
As an informed consumer and as a veteran 15-year professional in XXXX XXXX, I am outright appalled and baffled by SPS and their lack of accountability to their customers. Quite frankly, I am not sure how they are even still in business. After the financial crisis in XX/XX/XXXX, shouldnt mortgage companies be more organized, responsive and work with consumers, instead of against them?
I hold SPS 100 % accountable for this unnecessary stressful and financially taxing ordeal. Again, I understood from the very beginning that if they didnt have the CEMA, I would have to pay the taxes on the entire amount. However, they could have responded much sooner, provided accurate information, and per XXXX XXXX and XXXX they could have provided the documentation necessary for the CEMA. Though I finally refinanced my property on XX/XX/XXXX, I feel that SPS took multiple missteps with this refinance and that I should be made whole for the following fees : {$8100.00} : The mortgage recording tax I had to pay because SPS would not comply with the requests of XXXX XXXX and XXXX for the CEMA documentation.
{$1300.00} ( XXXX*3months ) : Potential savings that would have recognized if my refinance had gone through in a normal amount of time, within 2 months instead of almost 5.
{$1000.00} : Cost of requesting the CEMA.
{$1100.00} : Rate lock extension fees.
{$210.00} : Appraisal recertification fee incurred due to rate lock extension.
Additional compensation for the stress, aggravation, and mental duress this situation caused to me and my family.
As the regulatory body who governs mortgages, I hope you take my concerns seriously and look further into the day to day operations of Select Portfolio Servicing. Given my experience, I am not sure how they can compliantly remain in business.
Should you need any more information about this transaction, please let me know.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2019-01-03
Teaneck, NJ
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
2019-01-02
Henderson, NV
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2019-01-02
Chicago, IL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2019-01-02
Fairfield, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2019-01-02
Mountain View, OK
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: XX/XX/XXXX To Whom It May Concern : 1 ) On XX/XX/XXXX, I returned home from XXXX vacation at my parents for a week and a half to two letters both dated XX/XX/XXXX, one from Select Portfolio Servicing ( SPS ) and the other from the law firm XXXX XXXX XXXX XXXX XXXX stating that Select Portfolio Servicing has begun foreclosure action against me. I have several issues with this claim. It is clear that I am a victim of subprime mortgage practices and continue to pay for this. I have fought numerous times to save my home and am getting fed up. The housing market crashed in XX/XX/XXXX-XX/XX/XXXX when I bought my home, and given the current state of the market and the economy it appears again that the home owners will suffer again due to companies getting away with their crimes, as they try and back out of their mistakes to save themselves money as us homeowners lose their homes and lose more money to fight such practices. They yet again applied illegal fees that they continue to get punished for, but nothing happens. I even have proof of them charging me XXXX fees for them to overnight paperwork to me in XX/XX/XXXX and XX/XX/XXXX.
We all know XXXX closed due to their illegal practices and fraudulent mortgages which I believe I am a victim of. We also know that in XX/XX/XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX agreed to pay {$40.00} XXXX to settle with the FTC and the U.S. Department of Housing and Urban Development ( HUD ), which charged them with engaging in a number of unfair, deceptive, and illegal practices in the servicing of subprime mortgage loans. The Commission distributed the {$40.00} XXXX as redress to affected consumers. The settlement also imposed a number of specific limitations on XXXX ability to charge fees and engage in certain practices when servicing mortgage loans. In early XX/XX/XXXX, XXXX changed its name to Select Portfolio Servicing , Inc. and XXXX XXXX XXXX, but continue the same practices. Before the new servicer took over, I only owed for XXXX and XXXX. I previously made a {$200.00} payment and then was told that it would not be applied until full payment was received. Another way for them to charge fees. Select Portfolio Servicing may want to foreclose, but the following information my halt that issue.
UNITED STATES DISTRICT COURT XXXX DISTRICT OF NEW YORK FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff, -against XXXX XXXX XXXX ( XXXX ), XXXX , XXXX XXXX ( XXXX ), XXXX , XXXX XXXX XXXX ( XXXX ) XXXX, XXXX MORTGAGE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX XXXX , XXXX XXXX , and XXXX XXXX , Defendantsthis proves that I was victim of predatory lending and unfair practices, and all these companies are doing is trying to gain as much money along the ride. I have repeatedly asked SPS where my money was going monthly, if they are only the servicer with the answer of we cant release that information over the phone. Or they would say it is going to XXXX XXXX XXXX XXXX, who yet again shows no interest in my loan, so they arent getting the money. If I had the ability to pay off my mortgage today, who would get the funds? Who would say my title is clear? Who is to say it is paid in full? Select Portfolio Servicing applies services fees, because the money they receive for the servicing services are not enough, so they tack on these additional fees. When they continue to say that XXXX XXXX XXXX XXXX is the holder, on XX/XX/XXXX I had a representative of XXXX XXXX on the phone w/ myself and SPS to verify that they have no interest in my loan, and that they are not the holder of my loan. XXXX XXXX XXXX XXXX is also an authorized third party on my account to verify this information. They have even provided a written letter stating that they are not the holder and have no interest in my loan. They do not even know who I am. My guess is it is not XXXX XXXX, but maybe XXXX XXXX XXXX due to this particular complaint ( see attached ).
XXXX XXXX provided loan-level information to the rating agencies that they relied upon in order to calculate the Certificates assigned ratings, including the borrowers LTV ratio, debt-to-income ratio, owner occupancy status, and other loan-level information described in aggregation reports in the XXXX XXXX. Because the information that XXXX XXXX provided was false, the ratings were inflated and the level of subordination that the rating agencies required for the sale of AAA ( or its equivalent ) certificates was inadequate to provide investors with the level of protection that those ratings signified. As a result, the XXXX paid Defendants inflated prices for purported XXXX ( or its equivalent ) Certificates, unaware that those Certificates actually carried a severe risk of loss and carried inadequate credit enhancement. XXXX. Since the issuance of the Certificates, the ratings agencies have dramatically downgraded their ratings to reflect the revelations regarding the true underwriting practices used XXXX to originate the mortgage loans, and the true value and credit quality of the mortgage loans. My loan is the interest of XXXX XXXX not XXXX XXXX XXXX XXXX. XXXX XXXX and XXXX XXXX and the US Government may have a say in it as well. So is my assignment that was filed on XX/XX/XXXX fraudulent?
2 ) On XX/XX/XXXX I received a letter from XXXX that my loan will be serviced by XXXX effective XX/XX/XXXX, and that I should send payment to them. They included my payment amount of {$680.00} which was my original mortgage amount from XX/XX/XXXX. I mailed in the payment to the following company on XX/XX/XXXX. And will mail my XXXX payment today, XX/XX/XXXX. So how is SPS trying to collect when they no longer have the standing?
3 ) The welcome letter from XXXX stated that the holder of my loan was XXXX, not XXXX XXXX XXXX XXXX as Trustee on Behalf of the Holders of the Asset Backed Securities Corporation Home Equity and Trust Series XXXX XXXX Asset Backed Through Certificates Series XXXX XXXX as stated by Select Portfolio Servicing on numerous occasions.
4 ) I have reached out to XXXX XXXX XXXX XXXX on several occasions to inquire about my loan, and they have provided in writing that they are not the holder and have no interest in my loan. They do not even have record of my name, address, or SSN. I have provided this documentation numerous times to SPS and the CFPB.
5 ) When my mortgage was supposedly giving to SPS to service, I never received a goodbye letter from XXXX, only a welcome letter from Select Portfolio Servicing stating effective in XX/XX/XXXX that I should mail payments to them. Why am I to trust that Select Portfolio Servicing is the rightful company and not the other company when the same actions were taking by Select Portfolio Servicing? I can not verify w/ Argent as they are no longer in business.
6 ) On XX/XX/XXXX SPS filed foreclosure documents on my mortgage. However, there was NO assignment giving/attached. Then again on XX/XX/XXXX yet another attempt to foreclose. When I was attempting to modify and not behind even according to Select Portfolio Servicing. This time they have an assignment attached. Perhaps due to the numerous court rulings stating that they must indeed have this documentation. For instance, in XX/XX/XXXX Judge XXXX XXXX XXXX dismissed a foreclosure case due to the lender not owning/holding the mortgage. In many cases, the trusts try to argue equitable assignment that predates the filing of the foreclosure, but securitized trust can not take an equitable assignment of a mortgage loan. So how does SPS have standing? How does XXXX XXXX XXXX XXXX have standing? In fact, who has standing? SPS? XXXX XXXX XXXX XXXX? The new servicer? My assignment was dated XX/XX/XXXX and notarized for that date according to XXXX XXXX and XXXX and SPS. However, said assignment was not filed in XXXX County Oklahoma until XX/XX/XXXXafter the first attempt to foreclose. According to 46-13. Assignments of existing mortgages Recording within four months All assignments of mortgages at present existing, bearing date prior to the taking effect of this act, shall within four ( 4 ) months next succeeding the taking effect of this act be recorded in the proper county of this state, in accordance with the provisions of Section 1. Now if my loan was assigned in XX/XX/XXXX, why was it not filed with XXXX County until XX/XX/XXXX, that is two ( 2 ) years not four ( 4 ) months?
7 ) When I applied for loss mitigation or mortgage assistance, I was recently denied for anything other than a repayment plan that was far more than any of my mortgage payments over the past 12 years. I asked to see the originators or even the holders guidelines for modification and have yet to see this. I honestly do not believe they know who to ask about modification.
8 ) When XXXX XXXX ( Select Portfolio Servicings parent company ) gets in a bind with the Courts, SPS sends out a letter that there are escrow shortages to increase rates. Which they know will force people into foreclosure so that they can get one lump sum and write it off on their books and collect that money. Or they simply lie and apply fees that are illegal. According to XXXX XXXX XXXX ( XXXX ), XXXX, XXXX XXXX ( XXXX ), XXXX, XXXX XXXX XXXX ( XXXX ) XXXX, XXXX XXXX XXXX , XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX XXXX Asset Backed Through Certificates Series XXXX XXXX was purchased by XXXX XXXX and XXXX XXXX not XXXX XXXX XXXX XXXX.
I think that since XXXX XXXX or XXXX XXXX owns my loan, you all wont tell me because of the above mentioned lawsuit and/or action.
I have attached documentation and will continue this matter in court if necessary. I will also compile all complaints against Select Portfolio Servicing and their lies. I will subpoena all necessary parties, XXXX XXXX, Select Portfolio Servicing, my new servicing, XXXX XXXX XXXX XXXX, The US Government, and whoever else says they own, or have interest in my loan. There is no confidence of ultimate homeownership when it comes to these subprime mortgages hence the housing crisis of XX/XX/XXXX. If I need to provide more documentation and proof of even payments, complaints, unnecessary illegal fees, I can and I will. So I ask, who owns my mortgage? Who is receiving funds? Who is to say that my loan is paid in full? Who has true legal standing to foreclose if it were necessary? I did not attach all 100+ pages of the complaint and lawsuit against XXXX XXXX from the United States District Court XXXX District of New York XXXX but I can and will if needed. I can also file that information as evidence in any necessary court proceedings.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2019-01-02
Hidden Valley, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2019-01-02
South Florida, FL
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: I was behind on the mortgage payments back in XX/XX/XXXX, I made a repayment plan to have the account back in good standing, I was offered a repayment plan on XX/XX/XXXX to pay the amount of {$1000.00} for 12 months beginning on XX/XX/XXXX and ending on XX/XX/XXXX. I accepted the offer and immediately started to make the payments on XX/XX/XXXX as agreed. Every month on the bank website under " make a payment '' I have had the option of paying the regular mortgage payment or to pay the repayment amount, I always used the latter and paid on-time the repayment plan amount of {$1000.00}, so, everything was good.
After making all the 12 payments which I have copies of all of them, on XX/XX/XXXX I was ready to start making my regular mortgage payments again, but to my surprise when I logged in into the bank website to make the payment, it was showing the same " our records indicate that you are currently on a repayment plan, click here to make the repayment plan amount '' I called the bank and explained that to them, they told me that everything was good, that the system will take some time to update the information, but that I have successfully paid all the 12 payments and the repayment plan was completed, that I should start paying my regular mortgage payment of {$850.00}, I did that and paid my regular payment but kept logging into the website and noticed that the account keeps showing the same info.
XXXX arrived and I went to pay my mortgage, this time it was even worse! it was showing a month late, asking me to pay XXXX " again '' late fee charges again and everything was a mess! I called to the bank again, just to be told that in XXXX I would have to paid {$1000.00} again and that I was short paying {$850.00}, I explained the situation again and I was told that they need to " review '' the account and see what happens, in the meantime I was told to again pay my regular mortgage payment of {$850.00} once everything is fixed, it should be back to normal.
I paid the {$850.00} on XXXX and XX/XX/XXXX its here and when I logged in today still the same! showing that I'm late one month, that I have to pay XXXX, 2 late fees in there and a big mess! I called again today and after being on the phone with 3 different representatives I was unable to solve the problem. I was told that I owe around {$1400.00} just to place the account on-time. I have no idea what this company is doing, but its very frustrating that they do an agreement with a customer and now after we did a big sacrifice to do all the payments in time and correctly we are facing this and we have nothing else to do, no one is willing to help over there, we even have a newborn and we did everything possible to pay all the 12 payments as we did on time with the hope of having the account in good standing, they also, has been reporting us to the credit bureau unfairly during this time, and our account is still late and in a big mess.
Attached is the copy of the repayment plan agreement and all the payments taken from them from my bank account, the 12 payments of {$1000.00} per agreement and the XXXX and XX/XX/XXXX regular payments as well, if necessary I can provide my full bank statements.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-31
Anaheim, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-30
PA
Closing on a mortgage
Mortgage: Conventional home mortgage
Complaint: respected sir/madam i had submitted my complain before and it was closed, no proof of verification was provided as there was a big big mix up in the mortgage transfer, sps is just going by one modification paper but i have made biweekly payments and extra principal in the five years also XXXX XXXX had send me a document stating they are reinstating the loan i had provided the document which XXXX XXXX has mailed me with the immortaliztion dates and rated please help me.
i still beleive it is not fair when it clearly stated on the last paragraph of the letter by XXXX there are no changes in terms and conditions then how come sps dont do biweekly payment as XXXX XXXX it is false statment. when i was assured nothing was changing.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-30
Byron, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I have made mortgage payments to Select Portfolio Servicing Inc. They failed to report receiving the payments.
I need them to correct the statements to include all payments received.
I also want to request the Note on the property. The mortgages have been inactive on XXXX for years, and the last know servicer is XXXX XXXX XXXX, so why is SPS my servicer, do they have rights to service my loan, who gave them this right?
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-29
Lee, 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
2018-12-27
Los Gatos, 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
2018-12-27
Palos Park, IL
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: On XX/XX/2018 they received a complete application and onXX/XX/2018 they came to a decision that I was not eligible for a home retention loss mitigation.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-27
LA
Closing on a mortgage
Mortgage: Conventional home mortgage
Complaint: I am just lost foe words now I do not know whom to talk to or reach out to, this has been going own since XX/XX/2015, I was originally approved for a Deed in lieu moved out home moved in with my mother in law, had inspectors com to home several times, kept getting the run around stating we need this we need that nothing, call in get transfer to everyone but whom is over the account, ok now we found someone to buy the home got an agent to help us we are still getting the run around, stating we need this we need that, my agent sent over everthing an I even sent the paperwork on my behalf as well. Im just so tired of going back an forth with this Company Select Portfolio Servicing, I dont know whats going own over there but something needs to be done because for number one they have are not organized no one no nothing an im tired. I expressed to them that I am not able to afford this home due to my income & hours dropping. Can someone please help or direct me where I need to go to get this situation done an over with. I am mentally drained
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-27
Santa Ysabel, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: The Mortgage servicer assigned to my account refuses to on board me. They claim to not know who I am. They also claim to not be able to take a payment from me.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
Atl, GA
Incorrect information on your report
Mortgage: Other type of mortgage
Complaint: DEMAND to CEASE & DESEST FINANCIAL EXPLOITATION OF AND ELDER PERSONS, O.C.G.A Sec.30-5-5 Please be advised that XXXX XXXX XXXX. has conspired with Select Portfolio Servicing Inc. to Financially Exploit me, a XXXX year old elder resident of the State of Georgia , County of XXXX by the illegal or improper use of my resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for ones own or anothers profit or advantage.
[ 1 ] The offending parties are unlawfully claiming they hold a legal and lawful secured interest in my property. The Security Instrument they are relying on was voided in XXXX. It is not duly filed, recorded and indexed -- -- The Georgia Supreme said " we must reject XXXX XXXX definition of duly filed, recorded, and indexed. The court said that PRIOR TO XX/XX/XXXX : '' For a deed to be recorded, Georgia law requires that it be signed by the maker ( grantor ) and attested by at least two ( 2 ) witnesses. O.C.G.A. Section 44-5-30. A deed is attested when two or more natural persons see the maker sign the deed and they " attest '' to the fact by signing the deed as witnesses. '' -- -- - the court also said " the deed must be attested or acknowledged by an officer authorized by Georgia statutes. O.C.G.A. Section 44-2-14, 44-2-15. The official witness can be one of the two ( 2 ) required attesting witnesses. If the deed is not attested by an official witness, it may be acknowledged after execution and the acknowledgment certified on the deed by the official witness entitling the deed to be recorded. O.C.G.A. Section 44-2-16.
If there is only one ( 1 ) " attesting '' witness, the deed is not entitled to be recorded, even if the deed is subsequently " acknowledged '' and even if the one " attesting '' witness is an authorized officer.
O.C.G.A. Section 44-2-14. The above requirements are the same for all deeds, regardless of their nature. Therefore, when attestation or acknowledgment is not proper, it must be reported as a title defect. PRIOR TO XX/XX/XXXX : For a deed to be recorded, Georgia law requires that it be signed by the maker ( grantor ) and attested by at least two ( 2 ) witnesses. O.C.G.A. Section 44-5-30. A deed is attested when two or more natural persons see the maker sign the deed and they " attest '' to the fact by signing the deed as witnesses. Also, the deed must be attested or acknowledged by an officer authorized by Georgia statutes. O.C.G.A. Section 44-2-14, 44-2-15. The official witness can be one of the two ( 2 ) required attesting witnesses. If the deed is not attested by an official witness, it may be acknowledged after execution and the acknowledgment certified on the deed by the official witness entitling the deed to be recorded. O.C.G.A. Section 44-2-16. The court said If there is only one ( 1 ) " attesting '' witness, the deed is not entitled to be recorded, even if the deed is subsequently " acknowledged '' and even if the one " attesting '' witness is an authorized officer. O.C.G.A. Section 44-2-14.The above requirements are the same for all deeds, regardless of their nature. Therefore, whenattestation or acknowledgment is not proper, it must be reported as a title defect.
The offending parties are unlawfully claiming they hold a legal and lawful secured interest in my property. They do not. [ 2 ] The perpetrators are threatening to seizing my property by claiming a legal right to conduct a non-judicially foreclosing. They hold no such recorded interest in my property.
[ 3 ] Be advised that the perpetrators has intentionally misrepresented to business 's I am doing financial business with that they hold a legally and lawfully collectable debt relative to my property. They do not.
[ 4 ] Be advised that the offenders has intentionally abused the Georgia non-judicial foreclosure statute by sending and publishing more than 20 false and deceptive, but " state required notices '', nearly one per month to coercion and harassment me into selling or leaving my unsecured property out of fear.
[ 5 ] BE ADVISED, My spouse and I are FEE SIMPLE absolute homeowners holding GOOD title, and no legally collectable liens on record against my property. See the attached Acknowledgment and Acceptance of the Warranty Deed. See ATTACHMENT-001 [ 6 ] also be advised that CFRA and Georgia Statute expired more than a 2 year ago. XXXX XX/XX/XXXX- XXXX ( 1 ) AND XXXX ,
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
Chicago, IL
Trouble during payment process
Mortgage: FHA mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
Charleston, SC
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
Oak Grove, MO
Attempts to collect debt not owed
Debt collection: Mortgage debt
Debt was paid
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
Philadelphia, PA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: In a response letter written by your company, on your letter head, you documented under the section labeled " Late Fees '' : " The {$1000.00} was waived on XX/XX/2018 and is visible on the enclosed Monthly Mortgage Statement dated XX/XX/2018.
As of the date of this letter, ( dated XX/XX/2018 ) the account is due for XX/XX/2018. '' I anticipated all corrections to be shown on the XXXX bill ... paying the requested amount at the end of XXXX and at the end of XXXX, which was documented and received by Select Portfolio Servicing , inc .
But as I waited for the XXXX bill ; upon arrival, it shows not the approximation of 1 month past due per the attached documented amount.
If as of the XXXX letter from you to me I was 1 month past due, ( owing for XX/XX/XXXX ) how is it that as of the XXXX bill, there is a reflection of " Past Due Payments '' in the amount of {$1900.00}? That amount is over 2 Payments!
This bill therefore reflects a total due of over 3 payments.
The online payment screen shows no correction in monthly payments and reflects a monthly payment due of {$980.00} instead of {$940.00}, per your documented XXXX XXXX correction letter.
In all of this, I have STILL NOT MISSED A PAYMENT. Your records reflect a payment made each and every month. Why is there a " Unpaid Late Fee Charge '' of {$93.00}?
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
PA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: This complaint is about the SPS mortgage and is based on the denial of a loan modification without any financial documentation being requested as to the amount of mortgage payment that could be afforded based on the income, as well as the appraisal value as per SPS own appraisal of {$190000.00} for the past two years, and the current mortgage payment of of {$1800.00}, based on the loan amount of {$460000.00}. Instead they approved a repayment plan which is much higher than the current mortgage.
I was behind on monthly payments and to avoid foreclosure I applied for a loan modification on property.In XX/XX/2016 under the Dodd Frank Home Affordable Program. SPS modified the loan and increased the mortgage new principal with a total of {$460000.00} with a new principal balance. I am having some difficulty in paying the mortgage of {$1800.00}.
I recently requested a loan modification due to the past due mortgage payments and was instead given a higher payment {$2400.00} of a repayment plan and not a loan modification.
SPS did not request any employment or financial information in order to qualify for a modification. However, a repayment plan was offered which I rejected, as it increased the monthly payment from {$1800.00} to {$2400.00}. The banks recent appraisal provided the value of the home at {$190000.00} which has been the same for the past three years of SPS appraisal. The mortgage loan for SPS is currently {$460000.00}, proving a significantly under water mortgage.
I am unable to refinance this mortgage and there is a second mortgage of {$85000.00}. No one will refinance this underwater property. In SPS repayment with the terms, states the investor ( I dont know who it is ) will not consider a loan modification. I now owe more than the original loan as prior to my modification in XX/XX/2016 and is facing foreclosure. I've tried to keep up with these payments, but is struggling to pay this mortgage on an underwater property with negative equity, that cant be refinanced, or sold due to it being severely under water.
SPS has their appraisals and is quite aware of the lack of equity in the home and that they will not get more than their appraisal of {$190000.00}, but much less. It needs a roof, as its leaking and now creating moisture and mold throughout the home.
The house also has a second mortgage of {$85000.00} plus SPS mortgage of {$460000.00} for a total of {$550000.00} with SPS BPO of {$190000.00} and with a shortsale of {$190000.00} has a {$350000.00} negative equity. However, with a roof and mold issue, makes it less than the appraised value of {$190000.00}. The mortgage is unaffordable and the property has a negative value and is underwater.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
South Florida, FL
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: I have made an anticipated payment for XX/XX/XXXX to Select Portfolio Servicing , Inc. on XX/XX/XXXX for {$1200.00} because I'm travelling internationally and won't be able to process payment ; I indicated XXXX payment in the memo, however, the servicer has taken the payment and applied to my principal, thus creating a hardship for me because I wont be able to make the XXXX payment from oversea.
I have requested the payment to be adjusted several time, without avail. Why are servicing applying payment to principle without my authorization?
Loan No XXXX Select Portfolio Servicing , Inc This issue has created a great deal of street for me during my travel.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation
2018-12-26
Byron, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: On XX/XX/XXXX I received a letter from Select Portfolio Servicing Inc. stating that they have not serviced my loan for a year, so they said they don't have to respond to my request to release the lien for my mortgage.
SPS says they haven't serviced my loans for one year, but yet over the past few months due to my complaints I have filed with the Consumer Financial Protection Bureau, it has prompted SPS to finally respond to my numerous request for information and actions to release the lien for the mortgages due to the fact that the loans have been forgiven and extinguished under the Making Homes Affordable Program, or other means.
I believe my mortgage have been extinguished through the making homes affordable program and forgiven. The loans have been charged off.
I am requesting a lien release for both mortgages.
XXXX XXXX XXXX says they aren't the responsible party, and XXXX XXXX XXXX says they aren't the responsible party, now SPS is saying they have not serviced my loan for a year? Who is responsible?
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation