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 96

2017-12-19

Glenarden, MD

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

2017-12-19

Keego Harbor, MI

Struggling to pay mortgage

Mortgage: Conventional home mortgage


Complaint: We have been working with XXXX on a short sale on this property since XX/XX/XXXX. Several times we have lost buyers due to counter offers and delays in reviewing our offers. We have had the same buyer on board since XX/XX/XXXX and have been pending review. On XX/XX/XXXX we sent in the latest RMA ( another stall tactic from XXXX to delay reviewing the file by constantly changing the forms that are needed to proceed ). I called on XX/XX/XXXX and was told we were pending the review of the RMA. I sent an updated HUD and purchase agreement on XX/XX/XXXX since the ones we had on file had expires on XX/XX/XXXX due to delays in review. I spoke with XXXX on XX/XX/XXXX and was advised that our file was being DECLINED due to a new buyer. There was no new buyer - the agent referenced XXXX XXXX as the buyer - which was one of the original buyers from back in XX/XX/XXXX. The current buyer has n't changed since XX/XX/XXXX. She said she would escalate this and I would have an update by Monday or Tuesday. She could see that I DID NOT send in the offer from XXXX XXXX and that it appeared that someone from XXXX just randomly re-saved the old documents, which is what created the issue. Called XXXX on XX/XX/XXXX and there is no update. No one has reviewed our escalation from last week, I was told today just to " submit the new offer '' - there IS NO NEW OFFER. This is the same offer since XX/XX/XXXX. I contacted the Ombudsman department who refused to assist. They opened ANOTHER complaint and want me to wait ANOTHER 24-72 business hours for a reply.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-19

Columbia, MD

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

2017-12-18

Santa Ysabel, CA

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Seized or attempted to seize your property
Complaint: This complaint is filed so there will be a public record. I can not afford to wait XXXX days for a full response. This complaint provides new information for both the debt collector and the creditor. I sent XXXX a notice to cease and desist all communication ( see attached file : XXXX Cease and Desist ). XXXX is NOT a mortgage loan servicer. XXXX is a debt collection agency that should have its license revoked. In response to the Notice of Default filed on XXXX XXXX, XXXX XXXX see attached file : Notice of Default ) and in accordance with paragraph XXXX of the letter from XXXX XXXX XXXX XXXX XXXX dated XXXX XXXX, XXXX XXXX see attached file : XXXX XXXX XXXX XXXX, I disputed the debt based upon court cases and court documents ( see attached file : Debt Disputed ). This included a decision from a CA XXXX XXXX in XXXX that concluded the assignment of the deed of trust was hearsay, so the overall truthfulness of the assignment of the deed of trust remained subject to dispute as well. XXXX v. XXXX XXXX XXXX Bank, XXXX. ( XXXX ) XXXX XXXX XXXX, XXXX. This was reaffirmed in XXXX XXXX after XXXX XXXX XXXX XXXX XXXX, XXXX was sued and further supported with deposition testimony. XXXX See attached file : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ). The debt collector is required to validate the debt before proceeding with collection as the letter dated XXXX XXXX, XXXX referenced above from XXXX XXXX XXXX XXXX XXXX indicated. Consequently in order to validate the debt, the debt collector would have to overrule the CA XXXX court which the debt collector does not have the authority to do. Also to validate the debt, the debt collector must first determine if under the FDCPA, a mortgage is a debt and if foreclosure is debt collection. Since the courts are divided on these issues, it is not possible at this time to validate the debt. Although the courts are divided, Washington XXXX which is the beneficiary under the deed of trust ( see attached file : Notice of Default XXXX, obviously has no issue over this. The collection letter from Washington XXXX dated XXXX XXXX, XXXX states it is sent in compliance with the Federal Fair Debt Collection Practices Act ( see attached file : XXXX FDCPA XXXX. Since the beneficiary under the deed of trust believes the FDCPA applies, the FDCPA would have to apply to XXXX as well. Therefore XXXX is not in any position to claim otherwise and neither is XXXX XXXX XXXX XXXX XXXX, XXXX or XXXX XXXX and XXXX XXXX. XXXX XXXX attached file : XXXX XXXX XXXX and XXXX XXXX XXXX. As a result the Memorandum and Order from the lawsuit against XXXX for violations of the FDCPA is applicable in my case. I have received collection letters that violate the FDCPA which makes a non-judicial foreclosure illegal as the court explained. XXXX XXXX page XXXX of attached file : Memorandum and Order XXXX. In fact the court even states on page XXXX, ... a letter threatening foreclosure while also offering to discuss foreclosure alternatives qualified as a communication related to debt collection activity. I have received numerous such letters on a daily basis for over XXXX years ( see attached file : Collection Letter XXXX. As a result the California Declaration of Compliance is arguably made under perjury as it can not be true and correct when the options for the borrower to avoid foreclosure, as required under California law, are an attempt to collect a debt. ( See attached file : CA Declaration of Compliance XXXX. The instructions for proceeding with non-judicial foreclosure proceedings are also a violation of the FDCPA as explained above. Page XXXX of the Memorandum and Order explains : If the letter is not an attempt to collect a debt, then it can only be an attempt to defraud or extort money from a person with no obligation to pay it or solicitation of a gift. Again I have received numerous such letters. ( See attached file : XXXX Attempt to Defraud ). This letter from XXXX dated XXXX XXXX, XXXX was sent to me in response to the dispute over the debt I sent to XXXX XXXX XXXX XXXX XXXX. Instead of responding to me directly, XXXX XXXX has forwarded my dispute to XXXX who will only attempt to defraud me as the court explained. Therefore I sent XXXX a notice to cease and desist all communication and notified XXXX XXXX of this. ( See attached file : Certified Letters ). However even the monthly mortgage statement XXXX sends, states it is an attempt to collect a debt. ( See attached file : Mortgage Statement XXXX. Therefore for XXXX to cease and desist all communication would have to include the mortgage statement as well. A mortgage servicer is required to send a monthly mortgage statement. XXXX can not both cease and desist all communication and send me mortgage statements. Thus XXXX is not a mortgage loan servicer ; yet XXXX acts as such to fraudulently foreclose on homes in tens of thousands of foreclosures nationwide as the court describes on page XXXX of the attached Memorandum and Order. The fact the parties involved are aware of the courts position regarding the beneficiary of my deed of trust being Washington XXXX, the fact the FDCPA applies to Washington XXXX, and the courts position on the FDCPA, this amounts to fraud, oppression, malice. As foreclosure prevention has been used as an illegal method of debt collection, I have been continually deprived of my California Homeowner Bill of Rights to take away my property. Furthermore I was deprived of my privacy rights as my personal information was shared with a third party debt collector to foreclose on my home before and after I was allowed to restrict this. This is all responded to with collection letters that are an attempt to defraud. This is all preceded by more of the same as the XXXX Office Analyst for XXXX XXXX XXXX ) /XXXX XXXX committed fraud, oppression, malice in XXXX XXXX by committing fraud to cover up the fact she violated the XXXX XXXX Settlement Consent Order while depriving me of my California Homeowner Bill of Rights and foreclosing on my home. To add insult to injury this same individual remains in control of the relentless, abusive, and illegal debt collection practices that have persisted to this day and consequently did the same exact thing a year later in XXXX of XXXX. ( See attached file : Fraud, Oppression, Malice ). I will not allow myself to be subjected to any further abuse. This ends here and it ends now.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-18

Detroit, MI

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

2017-12-18

Greenwich, CT

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Seized or attempted to seize your property
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-18

Atl, GA

Attempts to collect debt not owed

Debt collection: Mortgage debt

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

Timely Response

2017-12-18

Santa Ysabel, CA

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Seized or attempted to seize your property
Complaint: This complaint is filed so there will be a public record. I can not afford to wait 60 days for a full response. This complaint provides new information for both the debt collector and the creditor. I sent SPS a notice to cease and desist all communication ( see attached file : SPS Cease and Desist ). SPS is NOT a mortgage loan servicer. SPS is a debt collection agency that should have its license revoked. In response to the Notice of Default filed on XXXX XXXX, XXXX ( see attached file : Notice of Default ) and in accordance with paragraph four of the letter from XXXX XXXX XXXX XXXX XXXX dated XX/XX/XXXX ( see attached file : XXXX XXXX XXXX ), I disputed the debt based upon court cases and court documents ( see attached file : Debt Disputed ). This included a decision from a CA Appeals Court in XX/XX/XXXXthat concluded the assignment of the deed of trust was hearsay, so the overall truthfulness of the assignment of the deed of trust remained subject to dispute as well. XXXX v. XXXX XXXX XXXX XXXX XXXX. ( XXXX ) XXXX XXXX XXXX, XXXX. This was reaffirmed in XXXX XXXX after XXXX XXXX XXXX XXXX XXXX, XXXX was sued and further supported with deposition testimony. ( See attached file : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ). The debt collector is required to validate the debt before proceeding with collection as the letter dated XX/XX/XXXX referenced above from XXXX XXXX XXXX Insurance Company indicated. Consequently in order to validate the debt, the debt collector would have to overrule the CA Appeals court which the debt collector does not have the authority to do. Also to validate the debt, the debt collector must first determine if under the FDCPA, a mortgage is a debt and if foreclosure is debt collection. Since the courts are divided on these issues, it is not possible at this time to validate the debt. Although the courts are divided, XXXX XXXX which is the beneficiary under the deed of trust ( see attached file : Notice of Default ), obviously has no issue over this. The collection letter from XXXX XXXX dated XX/XX/XXXX states it is sent in compliance with the Federal Fair Debt Collection Practices Act ( see attached file : XXXX FDCPA ). Since the beneficiary under the deed of trust believes the FDCPA applies, the FDCPA would have to apply to SPS as well. Therefore SPS is not in any position to claim otherwise and neither is XXXX XXXX XXXX XXXX XXXX, XXXX or XXXXXXXX XXXX and XXXX XXXX. ( See attached file : XXXX XXXX XXXX and XXXX XXXX ). As a result the Memorandum and Order from the lawsuit against SPS for violations of the FDCPA is applicable in my case. I have received collection letters that violate the FDCPA which makes a non-judicial foreclosure illegal as the court explained. ( See page 6 of attached file : Memorandum and Order ). In fact the court even states on page 12, ... a letter threatening foreclosure while also offering to discuss foreclosure alternatives qualified as a communication related to debt collection activity. I have received numerous such letters on a daily basis for over 3 years ( see attached file : Collection Letter ). As a result the California Declaration of Compliance is arguably made under perjury as it can not be true and correct when the options for the borrower to avoid foreclosure, as required under California law, are an attempt to collect a debt. ( See attached file : CA Declaration of Compliance ). The instructions for proceeding with non-judicial foreclosure proceedings are also a violation of the FDCPA as explained above. Page 16 of the Memorandum and Order explains : If the letter is not an attempt to collect a debt, then it can only be an attempt to defraud or extort money from a person with no obligation to pay it or solicitation of a gift. Again I have received numerous such letters. ( See attached file : SPS Attempt to Defraud ). This letter from SPS dated XX/XX/XXXX was sent to me in response to the dispute over the debt I sent to XXXX XXXX XXXX XXXX XXXX Instead of responding to me directly, XXXX XXXX has forwarded my dispute to SPS who will only attempt to defraud me as the court explained. Therefore I sent SPS a notice to cease and desist all communication and notified XXXX XXXX of this. ( See attached file : Certified Letters ). However even the monthly mortgage statement SPS sends, states it is an attempt to collect a debt. ( See attached file : Mortgage Statement ). Therefore for SPS to cease and desist all communication would have to include the mortgage statement as well. A mortgage servicer is required to send a monthly mortgage statement. SPS can not both cease and desist all communication and send me mortgage statements. Thus SPS is not a mortgage loan servicer ; yet SPS acts as such to fraudulently foreclose on homes in tens of thousands of foreclosures nationwide as the court describes on page 12 of the attached Memorandum and Order. The fact the parties involved are aware of the courts position regarding the beneficiary of my deed of trust being XXXX XXXX, the fact the FDCPA applies to XXXX XXXX, and the courts position on the FDCPA, this amounts to fraud, oppression, malice. As foreclosure prevention has been used as an illegal method of debt collection, I have been continually deprived of my California Homeowner Bill of Rights to take away my property. Furthermore I was deprived of my privacy rights as my personal information was shared with a third party debt collector to foreclose on my home before and after I was allowed to restrict this. This is all responded to with collection letters that are an attempt to defraud. This is all preceded by more of the same as the Executive Office Analyst for XXXX ( XXXX ) /XXXX XXXX committed fraud, oppression, malice in XX/XX/XXXX by committing fraud to cover up the fact she violated the National Mortgage Settlement Consent Order while depriving me of my California Homeowner Bill of Rights and foreclosing on my home. To add insult to injury this same individual remains in control of the relentless, abusive, and illegal debt collection practices that have persisted to this day and consequently did the same exact thing a year later in XX/XX/XXXX ( See attached file : Fraud, Oppression, Malice ). I will not allow myself to be subjected to any further abuse. This ends here and it ends now.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-17

Foothill Ranch, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage


Complaint: SPS, as the Transferee Servicer, is not adhering to terms and conditions of the original mortgage instrument. XXXX Bank notified me by mail that my mortgage assistance package was complete as of XXXX XXXX, XXXX. That letter was sent to me on XXXX XXXX, XXXX. The first paragraph states that they will let me know the results of the review of my completed application by XXXX XXXX, XXXX. This letter stated that I was entitled to Foreclosure Protection and no foreclosure actions would not be taken while my application was being reviewed. This letter also stated that I may also be entitled to additional protections based on state and federal laws. I am currently looking into these protections. 2. ) SPS was in receipt of ( at the least ) A Facially Complete Application ( 12 CFR 1024.41 ( c ) ( 2 ) ( iv ). On XXXX XXXX, XXXX SPS sent me two letters stating they believed my application to be incomplete. However, according to 12 CFR 1024.41 ( c ) ( 2 ) ( iv ) my Mortgage Assistance application was, at the very least, Facially Complete and SPS is in error of not affording me the protections that having a Facially Complete Application should afford me. SPS stated in the letters that The Action Required was : Customers Tax Return E-File is missing signature. XXXX was in receipt of the required signature and it was faxed to them on XXXX XXXX, XXXX at XXXX am. The receipt ID for that fax is : XXXX XXXX. Although SPS is required to maintain policies and procedures to receive all documents accurately, they claim to have not received the signed e-file document. I obliged SPS and upon receiving that request from them, I immediately called SPS, made arrangements to get that page to SPS ( again ) and I emailed SPS what was requested of me. I have that email and the email from SPS stating they received the email from me on XXXX XXXX, XXXX. 3. ) Not maintaining policies and procedures for borrowers to accurately submit documents when requested by servicer, AND, Not Accessing and Providing Timely and Accurate Information to the Borrower, and, Errors regarding Calculating Time Periods and Determining Protections and Failure to exercise reasonable diligence in obtaining documents. XXXX XXXX, XXXX I received a letter accusing me of not supplying the requested information. I called SPS and spoke to XXXX XXXX who said that SPS was unable to open my PDF document that I sent to them on XXXX XXXX ( which they acknowledged receiving on XXXX XXXX, XXXX XXXX. XXXX XXXX also told me that SPS was going to contact a foreclosure attorney on/ or around XXXX XXXX, XXXX. SPS waited 46 days to tell me they could not open a PDF with the information they required of me. Between XXXX XXXX and XXXX XXXX, SPS sent me numerous other letters concerning privacy notices, annual escrow account, and letter ( s ) stating that they received correspondence from me and stating that SPS is committed to Home Retention. Without an explanation that their system was unable to open my PDF, they sent me a Notice of Default. Hence the Calculating Time Periods and Determining Protections according to 12 CFR XXXX ( b ) ( 3 ) for borrowers are not being afforded me and I am not being protected as I should be. The tardy explanation of telling me that an email PDF could not be opened, combined with ignoring the Complete Mortgage Assistance Application Letter XXXX that I received on XXXX XXXX, XXXX, and by also Ignoring the XXXX XXXX, XXXX deadline date set forth in that letter by XXXX, to inform me of my results of the Completed Mortgage Assistance Application, along with refusing to acknowledge and review a Facially Complete Application led to XXXX XXXX ignoring my foreclosure action protections ( which I should have been afforded when SPS assumed my Mortgage Servicing on XXXX XXXX, XXXX XXXX and threatening me with the deadline of XXXX XXXX, XXXX for SPS to call their Foreclosure Attorney. SPS was untimely and incorrect when notifying me that my mortgage assistance application was incomplete, untimely when telling me they could not open an email with the required information. Premature in sending me the default letter on XXXX XXXX, XXXX and in error with threatening me of SPS contacting the foreclosure attorney to pursue options against me if I do not cure the default by XXXX XXXX, XXXX. 4. ) Failure to provide accurate information to a borrower regarding loss mitigation options and foreclosure, as required by 12 CFR 1024.39. SPSs XXXX XXXX refused to state what mortgage assistance options SPS would consider me for. XXXX XXXX specifically omitted, and would not state, that SPS would be considering me for a Loan Mod. I am still unclear on what SPS is going to review me for if they are even going to consider my completed application that was considered complete by XXXX on XXXX XXXX, XXXX before SPS assumed the servicing of my loan on XXXX XXXX, XXXX. 5. ) Making the first notice or filing for a judicial or non judicial foreclosure process before the time periods allowed by 12 CFR 1024.41 ( f ) and ( j ). I believe that XXXX XXXX telling me that I had to correct them default or SPS would contact the foreclosure attorney is an error according to the information above. 6. ) Moving for foreclosure judgment or order of sale in violation of 12 CFR 1024.41 ( g ) or ( j ). I believe that SPS is moving closer to a foreclosure judgement, rather that working with me to maintain my home. I believe they are not moving forward with intent to review my ( already completed ) mortgage assistance application with XXXX, and at the ( very least Facially ) completed application with SPS.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-16

Camden, NJ

Trouble during payment process

Mortgage: Conventional home mortgage


Complaint: Refuses to provide access as client to mortgage and escrow information regarding my mortgage which was recently transferred from XXXX XXXX to XXXX. I asked for Escrow and Legal Department to contact me with correct tax and escrow figures and every customer service representative refused to arrange.a call. My letter informing me of transfer of my mortgage loan specifically states that my mortgage will not change and XXXX is changing payment amount and date of payment.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-16

Okc, OK

Struggling to pay mortgage

Mortgage: Conventional home mortgage


Complaint: In XX/XX/XXXX, I was granted a divorce from my ex. In the decree, it stated that she had 90 days to refinance the home in her name. It has been four years since then and now I have learned that there has n't been a payment made since XXXX of XXXX. This has greatly decreased my credit score in such a manner that I can not qualify for loans for autos or a home. The current mortgage lender handling the loan is XXXX XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-15

Coachella, 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

2017-12-15

Keizer, OR

Incorrect information on your report

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

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

Timely Response

2017-12-15

Dallas, TX

Closing on a mortgage

Mortgage: Conventional home mortgage


Complaint: I am a first time home buyer and I went under contract to purchase a property services by Select Portfolio Servicing on XX/XX/XXXX. As part of my due diligence, I ordered an Inspection ( {$400.00} ), Termite Inspection ( {$50.00} ), Structural Engineer Report ( {$500.00} ), and Appraisal ( {$450.00} ). I also placed earnest money deposit of {$1500.00}. After all inspections, damage was found on the electrical system, foundation, and plumbing as well as active termite infestation and a number a non-working issues with several items in the house. I provided the seller with a copy of the inspection, termite report, and structural engineer report. Seller advised they would have their own termite inspection performed which would take 10 days. On the 30th day, seller indicated they have not received results of their own termite inspection. After proposing to the seller to reduce the price to account for damages but to address the active termites, seller declined and countered to reduce the price by $ XXXX and leave the active termite infestation for me to address. I agreed due to the amount of money I was already out on this transaction. My closing date was scheduled for XX/XX/XXXX. A tax lien was discovered on XX/XX/XXXX, and it was communicated to me by my agent on XX/XX/XXXX that the property had been acquired through XXXX and that the foreclosure had never been done to wipe out the lien. I was left having spent {$1400.00} on a property I could n't purchase due to the sellers lack of due diligence prior to placing the property on the market. I requested to have earnest money and expenses refunded to me, seller declined to pay for expenses incurred due to their error stating the contract does not require them to reimburse me even though the sale fall through was due to their error and lack of due diligence. I am requesting assistance in getting my {$1400.00} refunded for inspections on a property that the seller had no right to market as available for purchase prior to having performed a foreclosure. This Company has extreme responsiveness issues and is setting consumers up to fail by not adequately overseeing their inventory. I now do not have the money to pursue another first time home purchase since I have now lost {$1400.00} due to the seller 's error.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-15

OH

Struggling to pay mortgage

Mortgage: Conventional home mortgage


Complaint: My wife had a XXXX back at end of XXXX and has finally returned to work full time at end of XXXX. I reached out to XXXX and asked about assistance with out payments and tried to work out something since we fell behind from XXXX to XXXX - due to wifes medical problems. I submitted all of the docs required by XXXX and they reviewed the account. They sent me multiple payment plans to try to get caught up. However, my normal payment is XXXX. They new payments proposed by XXXX were over {$1900.00}. If I was having an issue paying XXXX how can I afford over XXXX. I had asked about even doing a interest only payment for a few months and they denied this as well. I was asked on XXXX to resubmit new docs for assistance. I have submitted these docs 3 times over the last 3 months. I need help to get caught up. I would like to pay interest only for 3-4 months starting in XXXX or would like to have the missed payments added to the end of my loan and start paying the XXXX beginning in XXXX or XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-15

Kailua Kona, HI

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

2017-12-15

Palmetto, FL

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

2017-12-14

Discovery Bay, CA

Trouble during payment process

Mortgage: Conventional home mortgage


Complaint: I received a notice from my mortgage loan servicer, Select Portfolio Servicing, to provide proof of insurance for a policy that had expired on XX/XX/XXXX. I sent that to them. On XX/XX/XXXX, I received another letter asking for proof of insurance for the prior year, XX/XX/XXXX to XX/XX/XXXX. I did not have insurance in place during that year because my home was in foreclosure and they had scheduled an auction. The home is no longer in foreclosure and all the auctions, three of them, were canceled. Then I received a bill from them for {$3500.00} for insurance ( force-placed ) for the lapsed period, the prior year. This is double what I pay now and it was for a year that had already passed. It 's hard to believe they can do this, but they did it. If I could buy insurance for a previous year, I would have done it but it seems only mortgage companies can do this and force it on the homeowner.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-14

San Jacinto, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage


Complaint: On XX/XX/XXXX XXXX directed the Trustee to illegally file a notice of Default on my mortgage when I had already submitted a modification request. After submitting a complaint to CFPB the NOD was never rescinded. XXXX was not within their right to file as it violated both Federal Law and California State Foreclosure Laws so instead of rescinding which is the legal thing to do they placed the notice in a delay status. There is a difference between rescinding and delaying as delay indicates XXXX felt their action were not illegal when the law is clear. XXXX however came back and offered a loan modification which I was happy to accept. As soon as I made my first payment the servicer initiated a forced place insurance policy which I was not required to have because at no time was I ever without homeowners insurance. I called and faxed XXXX several times from XXXX to XXXX/XXXX/XXXX as well as my insurance agent from XXXX the company that holds the policy to ensure the Servicer that I had homeowners insurance. In the meantime, they expected me to pay for this policy which was more than XXXX as well as make my Trail Modification Payments yet would not remove the policy until after the Trail Modification period. If I am in a trial Modification it would make sense that XXXX month could not be added on to the payment and still be affordable. When I contacted XXXX I was told to leave my Relationship manager a message. I have left him several and he has yet to respond. XXXX is required to provide me a point of contact with knowledge of my account and yet no one seems to know what is going on. After repeatedly requesting to speak with XXXX XXXX who is supposed to be the point of contact that the servicer is supposed to provide to me under federal law I have yet to receive one callback. XXXX has now directed the Trustee to file a Notice of Sale. The Notice of XXXX was filed illegally so there is no way that they can move forward to Notice of Sale with a defective Notice of Default. Further it was their fault that they did not remove the forced place insurance immediately after both myself and my insurance company notified them that I had insurance. Further they are being deceptive as the XXXX in California not only has to verify the information provided by the XXXX they also must follow all laws in California regarding foreclosure as does XXXX. XXXX can not provide false information to the Trustee to foreclose on my property I am attaching the letters that were sent to the Trustee by certified mail. Even if both the NOD and NOT were not defective XXXX would have to provide me with a 20 notice before any sale under California law, they deceptively scheduled a sale the day after XXXX and provided me notice on XXXX which is far less than 20 days and less than what the law requires. I have also attached that notice. I was also charged foreclosure fees that the lender was not entitled to charge since they filed the NOD when I had already applied for and XXXX acknowledge the application. I included all those documents in my first submittal to CFPB and XXXX. If you look at the attached payment schedule of my homeowners insurance, it shows I made my installment insurance payments covering the entire period XXXX claims I did not have insurance. Yet XXXX continued with this insurance after I notified them.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-14

Coachella, 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

2017-12-14

Baldwin Hills, 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

2017-12-13

MA

Struggling to pay mortgage

Mortgage: Conventional home mortgage


Complaint: To whom it may concern, I am writing to you today in search of some assistance. On XXXX/XXXX/XXXX I listed my property for sale. It has been listed as a short sale based on the fact that I had fallen behind on my monthly obligations. I noticed that a house very similar to mine was recently sold via short sale for {$180000.00} and it was on the same street as my property. I received an offer after a week of marketing the property for {$180000.00} that my realtor then presented to my lender. Based on current sales on the street this was a very strong offer. We asked the lender to proceed with the review based on this information and they advised that since the sale date was XXXX/XXXX/XXXX they did not have ample time to complete a full review. The offer package was submitted to SPS on XXXX/XXXX/XXXX ( 32 days before the scheduled foreclosure sale ). The problem with this is that I have tried to work with them in the past and they have never attempted to help me in any way. Now that I am in this predicament they want to hurt my family even more by deciding to move forward with the foreclosure rather than giving us 1 last attempt in getting a fair resolution for all parties. I ask that you please help us and allow the lender an additional 45-60 days to complete a short sale review.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-13

Jamaica, NY

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

2017-12-13

Louisville, KY

Trouble during payment process

Mortgage: Conventional home mortgage


Complaint: Purchased home in XX/XX/XXXX. Was paid for through XXXX XXXX, paid XXXX for the house, paid XXXX down as the down pmt. XXXX XXXX XXXX sold loan to XXXX XXXX in XX/XX/XXXX. Then it went through XXXX XXXX XXXX onto XXXX XXXX, then to XXXX XXXX XXXX, Somehow XXXX XXXX XXXX hijacked our mortgage acct making up false accts - they stole people 's loans somehow. My identity had been stolen and XXXX XXXX was the one that told me about that in a letter from him when he was the Attorney General in XXXX. We have contacted the following to try to get help in our matter ; XXXX XXXX, XXXX XXXX, XXXX XXXX, Secret Service, FBI, U.S. Marshalls, U.S. Attorney XXXX. To no avail, we have tried to get help. We found after pulling XXXX XXXX XXXX 's credit report, it showed that the home was supposed to be paid for in XX/XX/XXXX through XXXX XXXX XXXX in the amt of XXXX. So why were we still paying on the home when it was supposed to be pd off in XX/XX/XXXX? All we financed in XX/XX/XXXX was {$18000.00}. We paid {$660.00} per mo for 72 months this was paid to XXXX XXXX XXXX. Then XXXX XXXX XXXX somehow got hold of our already pd for home and stole the loan and stole our escrow amt of XXXX, also charged us flood insurance when we do not live in a flood zone. Since then, in XX/XX/XXXX, we have been browbeaten, harassed by this SPS, threatened to have foreclosure done, We stopped paying in XX/XX/XXXX. We sent in a check for {$660.00} as usual, found out that our check had been stolen through the SPS and never applied to our acct. We had THREE different acct numbers with them. We were told it was a fraudulent company. This company, SPS has harassed me, XXXX XXXX so bad that when I went to the dr , my XXXX XXXX was through the roof, had to go on XXXX XXXX, along with XXXX XXXX too. Please look up XXXX and look up XXXX XXXX XXXX. You will find thousands of complaints.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-13

Escondido, 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


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