SELECT PORTFOLIO SERVICING, INC

2019-10-16

Fontana, 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

Timely Response

2019-10-16

CA

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

Complaint: In XX/XX/XXXX I co-signed a Mortgage Note with XXXX XXXX for a home at XXXX XXXX XXXX XXXX, XXXX XXXX FL, XXXX. After some time, in XXXX XXXX, we agreed that I release interest in the property and signed a Quit Claim deed specifying her as the sole name on title. In XX/XX/XXXX XXXX XXXX Applied for a Loan Modification claiming she was experiencing financial hardship. The Loan modification was granted and my name was included on the Modification agreement. I did not sign the agreement, and was against granting the agreement as I was not in financial hardship. I wrote XXXX XXXX at the time to inform them of my disagreement but the LM was granted anyway, with my name still on the Note. I have requested my name be removed from the LM as I was a victim of Identity theft, as XXXX fraudulently supplied XXXX with financial information about me that was false. I have reported this to the appropriate Police agency and Identitytheft.gov. XXXX subsequently sold the Note to Select Portfolio Services. They were informed of the identity theft but refuse to remove my name from the Note. As an aside, all three Credit bureaus have removed the Loan from my credit report. I still feel subject to XXXX failing to keep account of the note and damaging my credit.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-16

Cleveland, OH

Trouble during payment process

Mortgage: FHA mortgage

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

Timely Response

2019-10-16

NY

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: On or around XX/XX/XXXXof this year, I received a letter from Select Portfolio Servicing stating that my escrow account had a shortage of {$7000.00}. Reviewing the letter I realized that my Enhanced Star and Senior Exemption had not been applied. I called my SPS to inquire why my exemptions had not been applied to my taxes, and I was told, that they had no knowledge that I had any tax exemptions. I stated to the representative that I had received the Enhanced Star and Senior Exemptions for the prior tax year XX/XX/XXXX-XX/XX/XXXX and there was no problem having it applied and what was the issue with applying it this tax year. I faxed paper work on XX/XX/XXXX, to back up my claim that the shortage was incorrect and that between the escrow balance and my state tax exemptions there was more than enough to cover my property/school tax bill. I called in the middle of XXXX to to verify that they had reviewed the documentation I sent and made the correction to my account. I was told it was received and they were working on it. I followed up again in early XXXX and was told that it was being worked on, but when the representative looked in the computer, the documentation I faxed had not been forwarded to the tax and escrow department. The representative advised that she's forward it to the tax and escrow dept, but it probably wouldn't be reviewed until XXXX because that was when my school taxes would go in. XXXX has come and gone and I have not received a statement for SPS for my school taxes and each and every time I call, which is roughly weekly, I'm being told they are working on it. I receive a school tax bill and receipt every year in XXXX, this year nothing. The enclosed are proof of my enhanced Star and Senior exemptions for XXXX and XXXX. I also included receipts from prior years where my state tax exemptions were applied with no issues. My prior years taxes paid and no shortage. My town assessor 's office sent me a letter to inform me that SPS had called their office and they provided me the same information she gave them. They also told me like last tax year, there is more than enough to cover my tax bill for this tax year, and I will get an overage check just I did last year. My mortgage servicer is not being hoenst and they are not doing ethical business.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-16

Mountain View, OK

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: After falling behind with mortgage I reached out to the servicer, Select Portfolio Servicing, I was granted a trial modification. Once that was done, the payments increased even though I was granted the modification. Then they would say it's an escrow shortage so they needed to increase. I had my childcare expenses increase so I reached out for mortgage assistance again. They did give me a deferral. But later on that year my payments increased from {$630.00} to almost {$900.00} because yet again they said escrow shortage. Throughout this time they accelerated my loan but yet would charge late fees, and even send someone to my home to inspect the property even though they were constantly in contact with me. I asked them repeatedly why they kept sending someone out. And then they would charge me {$75.00} for the inspection. I then contacted a lawyer. I sent a QWR to them recently, to ask why the fees, and they said it was because the noteholder from time to time request inspections on the property. I have sent a QWR to XXXX XXXX XXXX who they say is the noteholder to see what their guidelines are and why they would go against the law and request property inspections if they have been in contact me or if I've made payments. Even when I try and to make a payment to SPS they keep raising the amount to bring in current so it's impossible to even pay! My home is set to sale on XX/XX/XXXX. As a single mother of XXXX, I have nowhere to go at this point. I am waiting until it sales and get evicted. My credit is destroyed because SPS. It will take me forever to get out of this to even buy a home again. I was caught up in the mortgage crisis ( predatory lending ) of XXXX. I bought my home and will lose it because of the new rules this President has enacted and the regulations he has stripped. My loan was with XXXX who went out of business not long after I signed the mortgage. In XXXX SPS tried to foreclose on myself without being the noteholder. I know for a fact I was not alone in that. Once they saw all of those were failing in the courts. They then tried again about 4 years later after increasing my mortgage, due to escrow shortage! But this time they forged an assignment of the mortgage saying XXXX XXXX was the noteholder. It was handwritten in and dated for XX/XX/XXXX. But yet, it wasn't filed with XXXX County until XX/XX/XXXX. That's 2 years after the " assignment. '' And that is against the law. According to the statues they have 30 days to file the assignment. Not only that, one of the signatures who is listed as a manager, has been contacted by myself and my attorneys, and they never held that position in the company. It's a fraudulent assignment and they are getting away with it. XXXX XXXX has even told me they have no record of me, my SSN, or address, but they are deemed the noteholder due to the big securities sales during the housing crisis and predatory lending. I just wish the government would put a stop to both XXXX XXXX and SPS. They continue to take homes for their personal gain and their bottom dollar. I have attempted to make payments. I don't know what else to do. Whoever does move into my home will be getting a home that myself and my children have loved for 13 years. The only house they have ever known. I have attempted everything I know how short of bankruptcy. Many lawsuits have been filed for these same reasons. I am a party of a class action suit. One day justice will be served. It might not be in the near future, but they will be held responsible for their greed, lies, and practices.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-15

Carson, 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

Timely Response

2019-10-15

Glendale, CO

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My husband lost his job on XX/XX/2019, which resulted in approximately {$7000.00} in net income. We submitted a loss mitigation application to SPS in XX/XX/2019. Each time I reached out to SPS regarding the status of my application, I was told that additional information was needed. Quite often the information I was told was needed had previously been submitted or questions regarding an item on a document was verbally explained to an SPS representative. I had to explain, on more than one occasion, the relationship between an XXXX XXXX driver ( which I do on a very part time basis ) and the company ; and that I am an independent contractor and as such choose to drive when I want, so my income varies. SPS requested P & Ls, which I timely submitted. Additionally, on two occasions I have had to clarify my husband 's re-hire date of XX/XX/2019 ( this was also explained in the hardship letter submitted in XXXX ). The documents we submitted then became stale dated, so updated paystubs, bank statements etc had to be resubmitted. We received a letter dated XX/XX/2019 stating that SPS had received " ... your complete Assistance Review Application including all required information and documentation necessary to evaluate your account for loss mitigation assistance on XX/XX/2019. '' The letter further states that a decision shall be rendered within 30 days. However, when I followed up with a phone call to SPS on XX/XX/2019, XXXX XXXX, told me that additional information was needed : an updated bank statement. The bank statement was submitted the next day. Today, XX/XX/2019, I contacted SPS and spoke to XXXX XXXX regarding the status of our loss mit review. Mr. XXXX told me that additional documentation was needed and that my husband 's pay stub had been rejected and clarification was needed regarding my husband 's rehire date on XX/XX/2019. I was also told that the P & L that was submitted had also been rejected. Once again, on two prior occasions I clarified his rehire date along with addressing it in our hardship letter and previously submitted ( over 1 month ago ) the P & Ls. Based on SPS ' letter dated XX/XX/2019 they have received a complete package and should not be requesting additional information at this time!
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-15

TN

Struggling to pay mortgage

Mortgage: FHA mortgage

Complaint: I resubmitted my request for mortgage assistance 37 days prior to the foreclosure date set for XX/XX/2019. I've tried to get help with my mortgage several times since I was XXXX XXXX. I don't want to lose my home to foreclosure. My documents were sent to the servicer in plenty of time to be reviewed. I was told today they would not be reviewed because they did not receive them in time. Select Port Folio allowed my documents not to be processed so they could foreclose on my home.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-14

Jackson, MS

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2019-10-14

Auburn, WA

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

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

Timely Response

2019-10-13

Apple Valley, 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

Timely Response

2019-10-11

Daytona Beach, FL

Closing on a mortgage

Mortgage: Other type of mortgage

Complaint: Mortgage fraud Create a Fraud File did not offer resolution or refund continue to send copies of Unauthorized illegal use of my business name, Credit information fraudsters illegally faked an Identity Theft, Mortgage fraud, identity theft, the mortgage account number, mortgage fraud reported data breach, mortgage fraud, this victim of data breach information may have ... working with third-party. contract, which termination could result in Related Third Party. Any sort of " material misstatement, misrepresentation, or omission relating to the property. Misstatement, Misrepresentation deliberate misrepresentation and deception : deceptive practices including predatory ... Various deceptive and fraudulent practices by mortgage lenders, ... by misrepresenting information, XXXX contends he is not personally liable for any damages Mr. XXXX engaged in unfair and deceptive trade practices, or any other type Court has disposed of that motion by Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or ... 18 U.S.C. 1964 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure 1964 separate order. of fraudulent behavior. ORDERED AND ADJUDGED that Plaintiff XXXX XXXX shall recover from Defendant XXXX XXXX XXXX XXXX XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annum. DONE AND ORDERED at XXXX XXXX, XXXX County, Florida, this XX/XX/XXXX. suffered by Plaintiff. He argues that any liability lies with the corporation. Plaintiff argues that Mr. XXXX is individually liable because he personally performed some of the work on the house. As a general principal, a corporate officer or employee may be not held personally liable for acts of the corporation, absent evidence of wrongdoing, such as fraud. lenders which contained false statements. The sums obtained by the appellants ... I Placed a fraud alert and freeze on credit report File a police report. The first thing you should do is file a police report with local police department. Identity theft, property title theft identity theft until a mortgage originator pulls credit score in preparation for a home loan, Loan Fraud mortgage fraud identity theft, the victims are unaware scams A Stolen Identity Event is the theft or your personal identification, social security number, or other method of identifying result in the wrongful use of such information, Stolen Identity use this information unauthorized transactions on my Credit card fraud is the unauthorized use of a credit Request that the fraudulent accounts be removed from my credit file.. fraudulent charges Satisfaction of Mortgage required to release the lien and obtain the title. Use the Satisfaction of Mortgage document property through a private loan agreement that is now paid in full. The mortgage lien release, a document also known as the 'satisfaction of mortgage ', is a document that is acquired from, and to recover damages from signed by a mortgage lender. This document is an acknowledgement, that states, that the ( previous ) borrower has completed a payment agreement and therefore the mortgage is recognized by all. Advise the lender that I have yet to receive its " release of lien '' document. Note you have written proof of payoff of the mortgage, including your mortgage loan note marked " Paid. '' The mortgage lien release, if the other party hadnt breached the contract. A document the satisfaction of mortgage, is a document that is acquired from, and signed by a mortgage lender. This document is an acknowledgement, that states, that the ( previous ) borrower has completed a payment agreement and therefore the mortgage is recognized by all parties as paid in full. Once the satisfaction document has been filed and updated with the land registry or county registry, a clear title shall be returned to the land owner A Satisfaction of Mortgage, also known as a Mortgage Lien Release, the mortgagee ( financial institution ) advising that the mortgage has been paid in full, all terms of the loan have been satisfied and there will no longer be a lien on the property. This means the borrower has completely repaid their loan to the lender as agreed upon ( inclusive of late fees or other required payments by the lender ). Legal remedies for breach of contract. For example, a person may be entitled to monetary compensation if the other party fails to live up to the terms of the contract. The Payee Name false representation of a start to consider the possible remedies The Owner ( s ) never signed by the property Owner never signed Loan obligation under the agreement. XXXX XXXX , XXXX of Virginia said to be the mortgage holder of Loan Total amount of mortgage, Mortgage date of execution Full and legal description of the property to include tax parcel number Acknowledgement that all payments have been made in full Acknowledgement releasing the lender from filing a lien against the property. fails to do something they agreed to do, for any type of personal loan within three days of making the contract. Remedies can be awarded. Indeed, under Florida law, Date signed and signature of all appropriate parties. Breach of Contract, contracts may be cancelled within a three-day period. ... Federal law says you can cancel a contract. Recorded with the local County Recorders Office or Land Registry. Once the Satisfaction of Mortgage is filed the lien is lifted. parties involved in a contract failed to follow or do their duties and responsibilities that are related to the contract. Breach of Contract : Remedies The remedies for breach of contract include the following : money damages, restitution, rescission, reformation, and specific performance. position he or she would have been in if the other party hadnt breached the contract. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. XXXX XXXX contracted with XXXX XXXX XXXX , XXXX, for the ( c ) Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section 1962. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final. construction of a house. Defendant XXXX XXXX was the president of the corporation and signed the contract on behalf of the corporation. XXXX personally, performed some of the construction work himself. Since completion of Plaintiff 's house, the corporation has been dissolved. Plaintiff has sued the corporation and Mr. XXXX individually for failing to construct the home in accordance with the contract and the applicable building codes. ORDERED AND ADJUDGED that recover from Defendant XXXX XXXX XXXX , XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annum. DONE AND ORDERED at XXXX XXXX, XXXX County, Florida, this XX/XX/2008. Instrument # XXXX # XXXX XX/XX/XXXX Court Order to repair our credit. Registration Statement Washington, DC XXXX Pursuant to the Foreign Agents Registration Act of 1938, as amended List every foreign principal to whom you will render services in support of the primary registrant Describe separately and in detail all services which you will render to the foreign principal ( s ) listed in Item 10 either directly, or through the primary registrant listed in Item 8, and the date ( s ) of such services. ( If space is insufficient, a full insert page must be EXECUTION registration statement must include In accordance with 28 U.S.C. 1746, the undersigned swears or affirms under penalty of perjury that he/she has read the privacy Act Statement. The filing of this document is required for the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611 et seq., for the purposes of registration under the Act and public disclosure. Provision of the information requested is mandatory, and failure to provide the information is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement, short form registration statement, supplemental statement information set forth in this registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. Name IRS Number ( EIN ), XXXX ( EIN ). Reporting File Select Portfolio Servicing Inc FEI/EIN XXXX. XXXX XXXX. XXXX XXXX XXXX, UT XXXX. Account Registration No Year of Birth Nationality Present Citizenship If present citizenship was not acquired by birth, ________________ indicate when, and how acquired. Residence________________________ Address ( es ) ______________________________ Indicate your connection with the primary registrant : partner director employee consultant officer associate agent subcontractor other ( specify ) _______________________________ 10. List every foreign principal to whom you will render services in support of the primary registrant. 11. Describe separately and in detail all services which you will render to the foreign principal ( s ) listed in Item 10 either directly, or through the primary registrant listed in Item 8, and the date ( s ) of such services. ( If space is insufficient, a full insert page must be Foreign Agents Registration Act : An Overview Registration and Disclosure Requirements used. ) Name Officer/Registered Agent Registered Agent Name Trademark Name Trademark Owner Name FEI/EIN Detail by Document Number Zip Code Street Address ( Date of signature ) ( Signature ) used. ) _____________________________________ Business Address ( es ) ____________________________________
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-11

Larkfield, CA

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2019-10-11

Fontana, 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

Timely Response

2019-10-10

Atl, 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

2019-10-10

Douglasville, GA

Trouble during payment process

Mortgage: VA mortgage

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

Timely Response

2019-10-10

Washington, DC

Incorrect information on your report

Mortgage: Conventional home mortgage

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

Timely Response

2019-10-10

Culver Cty, CA

Trouble during payment process

Mortgage: Conventional home 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

2019-10-10

Pottstown, PA

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

2019-10-10

VA

Communication tactics

Debt collection: Mortgage debt

You told them to stop contacting you, but they keep trying
Complaint: SPS Select Portfolio Servicing of XXXX XXXX XXXX, UT appears to be a debt collection agency, who started a systematic harassment by mail debt collection campaign against wife, XXXX XXXX. This harassment following a failed foreclosure attempt over the past 2 years ( XXXX-XXXX ) by XXXX XXXX XXXX and their attorneys ( XXXX ) over a 2nd Mortgage default loan by XXXX, approximately 10 Years ago. During XXXX-XXXX time period of XXXX/XXXX ( attempt to foreclose on our residence, XXXX XXXX XXXX, XXXX, VA XXXX, on legal advice & assistance of Mr. XXXX XXXX, Attorney, XXXX XXXX, VA, both myself, XXXX XXXX, and wife, XXXX, entered Chapter XXXX Trustee Protection, twice, that prevented the foreclosure attempt by XXXX/XXXX legal agent.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-10

Cordova, TN

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

2019-10-10

Hollins, VA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Pursuant to SPS ' letter dated XX/XX/XXXX and the Consumer Financial Protection Bureau ( CFPB ), Notice of Error for SPS ' failure to comply with the requirements of 12 C.F.R. 1024-41 ( d ). SPS did not answer my appeal dated XX/XX/XXXX within the 30 day time frame with a determination and is still went forward with pursing a foreclosure sale date more than 37 days before the appeal was closed. APPLICABLE LAW AND REGULATIONS The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ( the " DoddFrank Act '' ) transferred rulemaking authority for RESPA to the United States Consumer Financial Protection Bureau ( CFPB ) ( " the Bureau '' ). The Dodd-Frank Act also added a section to RESPA giving the Bureau the authority to establish prohibitions on servicers of federally-related mortgage loans for the purpose of carrying out the consumer protection goals of RESPA. In XX/XX/XXXX, the Bureau issued several final rules to address the systemic problems in the mortgage servicing industry described above and to implement protections for borrowers with regard to mortgage servicing. These new rules amended 12 C.F.R. Part 1024, RESPA ( Regulation X ), and became effective on XX/XX/XXXX. Specifically, the Bureau enacted a rule requiring early intervention and communication with delinquent borrowers. " Servicers must establish or make good faith efforts to establish live contact with borrowers by the 36th day of their delinquency and promptly inform such borrowers, where appropriate, that loss mitigation options may be available. '' See 12 U.S.C. 1024-39. A " delinquency '' is defined as beginning on the day on which a payment sufficient to cover principal, interest and escrow, if applicable, is due and unpaid. The new rules clearly implemented procedural protections for borrowers with regard to the process of obtaining an evaluation for loss mitigation options and restrictions on the foreclosure process while borrowers are being evaluated for a loss mitigation option. See 12 C.F.R. 1024-41. Notably, under RESPA, " [ l ] loss mitigation option means any alternative to foreclosure offered by the owner or assignee of a mortgage loan that is made available through the servicer to the borrower. '' 12 C.F.R. 1024-31. This definition was intended to be expansive, encompassing not just loan modifications, but also forbearance plans, short sale agreements, and deed-in-lieu of foreclosure programs. " Loss mitigation application means any oral or written request for a loss mitigation option that is accompanied by any information required by a servicer for evaluation for a loss mitigation option. '' Id. Under RESPA, " [ s ] ervicer means a person responsible for servicing a federally related mortgage loan ( including the person who makes or holds such loan if such person also services the loan ). '' Id. " Servicing means receiving any scheduled periodic payments from a borrower pursuant to the terms of any federally related mortgage loan, including amounts for escrow accounts... and making the payments to the owner of the loan or other third parties of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the mortgage servicing loan documents or contract. '' Id. The servicer is required to promptly review the application and determine whether it is complete. If a borrower submits a complete application for a loss mitigation option at least 45 days before a foreclosure sale, the servicer must acknowledge receipt in writing within 5 days ( excluding legal public holidays, Saturdays and Sundays ) and must inform the borrower whether the application is complete and what information is required to complete the application. See 12 U.S.C. 1024-41 ( b ) ( 2 ) ( B ). A " complete loss mitigation '' application means an application in connection with which a servicer has received all the information that the servicer requires from a borrower in evaluating applications for the loss mitigation options available to the borrower. See 12 U.S.C. 1024-41 ( b ) ( 1 ). If a servicer receives a complete loss mitigation application more than 37 days before a foreclosure sale for the borrower 's property, then within 30 days of receiving the borrower 's loss mitigation application the servicer must : " ( i ) Evaluate the borrower for all loss mitigation options available to the borrower ; and ( ii ) Provide the borrower with a notice in writing stating the servicer 's determination of which loss mitigation options, if any, it will offer to the borrower on behalf of the owner or assignee of the mortgage loan. " Id. at 1024-41 ( c ) ( 1 ). If a borrower 's loss mitigation application is denied for any trial or permanent loan modification option, then the servicer shall state in the notice sent to the borrower pursuant to 12 C.F.R. 1024-41 ( c ) " [ t ] he specific reasons for the servicer 's determination for each such trial or permanent loan modification option [. ] '' Id. at THE DENIAL OF MY APPLICATION WAS IMPROPER AS SPS FAILED TO COMPLY WITH 12 C.F.R. 1024-41 ( d ) Pursuant to 12 C.F.R 1024-41 ( d ) if the servicer denies the homeowner a loan modification, the servicer must state the " specific reason each modification option was denied ''. Supplement I to 12 C.F.R. Part 1024, Official Bureau Interpretations, provides the degree of specificity required of the servicer in denying a borrower for a loan modification. " For example, if the denial is based on investor requirements, the servicer must identify the owner or assignee of the loan and the requirement that is the basis of the denial. Additionally, if a loan modification is denied because of a 'net present value ' calculation, the servicer must provide the borrower with the inputs used in the calculation. '' In its letter, SPS declined me for a modification claiming that " Your request for workout assistance on the above referenced account has expired. This is either because we did not receive the required payment or because we did not receive the signed agreement. I did accept the Repayment Plan, by making the 1st payment required of {$2700.00} by the XX/XX/XXXX deadline. I also made payments on XX/XX/XXXX and XX/XX/XXXX. SPS ' repayment plan sets me up for failure, I was immediately told the payment was not received and we were dismissed from the program without any investigation into the payment. I have submitted my bank statement both showing, the {$2700.00} payment was made and withdrawn from my account on XX/XX/XXXX. This is the second time SPS has said I did not make a payment on this plan. The CFPB requires that the appeal must be reviewed by different personnel than those responsible for evaluating the borrower 's application. And within 30 days of the borrower making an appeal, the servicer must provide a notice to the borrower stating the servicer 's determination of whether the servicer will offer the borrower a loss mitigation option based on the appeal. Id. at 1024-41 ( h ). RESPA also prohibits the practice of " dual tracking '' while the loss mitigation process is under way. That is, a servicer is precluded from initiating foreclosure proceedings while a loss mitigation application is being processed. Id. at ( g ). On XX/XX/XXXX you sent a letter only indicating you could not make a determination without more documentation, I am quoting from your letter Unfortunately, the statement is insufficient to determine if the funds were returned for non-sufficient funds ( NSF ). To determine this, we will need a valid rolling 30-day bank statement, showing credit and debits from the account. SPS sent the enclosed Non-Sufficient Funds ( NSF ) Notification dated XX/XX/XXXX, advising that the payment was returned. I provide the valid 30 day rolling bank statement on XX/XX/XXXX. I received a call on XX/XX/XXXX and returned it later that day, after speaking to a representative I was told the paperwork was received and appeal is still open. I asked at that time, if there was foreclosure sale date scheduled and was told NO. The very next day a letter was sent out with a Foreclosure Sale date of XX/XX/XXXX and the appeal has not been closed or a conclusion has not been determined to this date of XX/XX/XXXX, well past the 30 days required. This is a clear violation of the CFPB requirements. I expect a response canceling the foreclosure sale date because of this violation. I feel this is because I have on many occasions requested to view the original Note in person. I was told, as well as this was communicated to the Virginia US Attorneys offices that accommodations would be made to me, as long as I made the request in advance. I made the request in XX/XX/XXXX and so far every time I bring up the issue, my payments mysterious are not credited to my account, then I am no longer eligible for my Repayment Plan and facing a new foreclosure sale date. I have been waiting for over 7 months for SPS to make these arraignments and feel this is adequate time for them to make this happen.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-09

Cordova, TN

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I received a repayment plan from Select port Folio stating when the first payment is due. The payment amount I was given exceeds the payments that is within the guide lines of the mortgage modification payment. I feel I'm being discriminated against and being treated unfairly. I m aware of the guideline and the Consumer Protection oversight for mortgage modifications. I want to pay my mortgage and become current on my mortgage. Please help
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2019-10-09

Salton City, CA

Applying for a mortgage

Mortgage: Other type of mortgage

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

Timely Response

2019-10-08

Auburn, NJ

False statements or representation

Debt collection: Mortgage debt

Attempted to collect wrong amount
Complaint: Regarding complaint responses XXXX ( XXXX/XXXX ) and XXXX ( Select Portfolio Servicing, Inc. ( SPS ). XXXX responded, " As referenced in our XX/XX/2019 and prior response letters, XXXX is not seeking a judgment with respect to the outstanding loan nor did XXXX file the Assignment of Mortgage that Mr. XXXX references. Therefore, XXXX is unable to comment on the allegations that Mr. XXXX outlined in his correspondence regarding SPS 's actions ''. If that is in case fact, then how do they explain why XXXX is on both the Corporate Assignment of Mortgage and Allonge To The Note ( attached )? This could only mean 1 of 2 things, XXXX continues to fabricate and is evading the truth, or SPS has used XXXX unknowingly/unwillingly/illegally! In addition, SPS continues to refuse to answer my questions regarding the gross and misleading errors in the XXXX which was erroneously filed ( as per my last complaint ). As fiduciary, I continue to reject any and all claims by SPS and XXXX ( XXXX ).
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response