Sortis Financial, Inc

2015-09-30

Flint, MI

Taking/threatening an illegal action

Debt collection: Mortgage

Attempted to/Collected exempt funds
Company Response: Closed with explanation

Disputed: No Timely Response

2015-09-23

Discovery Bay, CA

Loan modification,collection,foreclosure

Mortgage: Home equity loan or line of credit

Complaint: To Whom It May Concern, I am filing this complaint against ClearSpring Loan Services because they are alleging they are the servicer of a second mortgage loan I took out in XXXX with XXXX Bank, NA and was charged off in XXXX. For over seven years I heard nothing about this second mortgage because I was informed it was charged off. Clearspring Loan Services just came out of the blue and are trying to foreclose on my property on a deed of trust that has been extinguished. Not only has the deed of trust been extinguished by way of a charge off, on XXXX XXXX, XXXX I mailed them a letter of rescission. Upon learning that my rescission rights were still available under this loan due to the fact that my loan was never consummated because my true lender or the true source of funds were never revealed to me, I mailed Clearspring a letter of rescission. Under the Federal Truth In Lending Act, the deed of trust and promissory note are canceled, made null and void by operation of law. If Clearspring wanted to challenge my letter of rescission they should have filed a declaratory judgment against me within 20 days of receipt of the letter of rescission. Clearspring received my letter of rescission on XXXX XXXX, XXXX. Clearspring and/or the actual creditor this loan did not file a lawsuit against me. Furthermore, Clearspring have not taken any of the mandatory actions required under the Federal Truth In Lending Act. Instead of taking steps to provide me a release or reconveyance of the deed of trust, they are continuing their actions to try and foreclose on my property. The next scheduled foreclosure date is set for Tuesday, XXXX XXXX, XXXX. Clearspring is not only violating the Federal Truth In Lending Act, they are also violating the Rosenthal Act which is California Civil Code section XXXX. They are violating this Act by threatening to take actions not permitted by law, which includes attempting to foreclose on a void security interest, falsely stating the amount of a debt owed, and increasing the amount of a debt by including amounts that are not permitted by law or contract, and using unfair and unconscionable means in an attempt to collect a debt. I believe it was necessary for me to file this complaint because it appears Clearspring believes it can violate these laws without any consequences of their actions. I am seeking the assistance of the Consumer Financial Bureau to assist me in forcing Clearspring to abide by the law. Thank you, XXXX XXXX
Company Response: Closed with explanation

Disputed: No Timely Response

2015-09-20

Dunnellon, FL

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with non-monetary relief

Disputed: No Timely Response

2015-08-27

Milwaukee, WI

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2015-08-18

Northside, NC

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was discharged in bankruptcy
Complaint: This company is reporting erroneous information on my XXXX credit report with account number XXXX. Several years ago I filed a bankruptcy which has now discharged. This company has reported this debt to XXXX AFTER the filing of a bankruptcy for a creditor that was included in the bankruptcy with dates as recent as XXXX of 2015. This is a severe violation of the FCRA and FDCPA. I have written them at least XXXX about this. I will attach the documentation.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2015-08-14

Lk Buena Vis, FL

Loan modification,collection,foreclosure

Mortgage: Home equity loan or line of credit

Complaint: I XXXX XXXX I filed a complaint in regard to a fraudulent assignment filed by XXXX mortgage servicing Case # XXXX part of the file is an Allonge In the right hand corner is XXXX loan # XXXX the entity my loan was subsequently sold XXXX XXXX Successor by merger of XXXX XXXX Bank ( Please see attached letters from XXXX which are part of CFPB Case # XXXX ) XXXX filed a fabricated assignment in public record XXXX county XXXX. to initiate a foreclosure action ( Please put assignment and allonge side by side these documents were prepared by XXXX # on assignment XXXX the bar code above the case # on the assignment was removed as you see there is one on the allonge if you call them they can pull those documents up under the case # 's XXXX gave an already prepared assignment to XXXX XXXX XXXX and they removed XXXX info inserted there 's and rubber stamped XXXX at the bottom, This loan and servicing was Subsequently sold to XXXX XXXX XXXX XXXX. And was with XXXX and XXXX XXXX XXXX XXXX XXXX it was boarded XX/XX/XXXX for XXXX aka XXXX XXXX and released to Roundpoint XX/XX/XXXX, Not XX/XX/XXXX as XXXX stated in there response to case # XXXX ( it is unknown who they were servicing but they were not the owner as a subsequent assignee to XXXX XXXX XXXX XXXX so then the loan was moved to XXXX in a owner capacity by XXXX and another false assignment is filed in public record. XXXX XXXX Knows XXXX was n't subsequent assignee because XXXX XXXX XXXX was the borrower of XXXX XXXX from XXXX/XXXX lender ( Please see XXXX Case and Mortgage Note Between those XXXX entities ) XXXX sued XXXX XXXX for the purchase of a competing transaction of XXXX loans XXXX XXXX of Texas Case XXXX. When I discovered the assignment descrepincies XXXX case # XXXX customer # 's and after speaking with XXXX XXXX at XXXX ( Name on assignmnet ) The loan was so called sold to XXXX / XXXX when XXXX was not the owner or subsequent assignee there a servicer ( assignment is dated XXXX/XXXX/XXXX ) after the loan was already sold to XXXX XXXX on XXXX/XXXX/XXXX and that file sat in XXXX XXXX until XXXX it was part of Exhibit C # XXXX Of XXXX Supreme Court case # XXXX ( can pull up on-line and view page XXXX has a list of loans removed from the system my loan was part of that suit XXXX # XXXX and was not boarded with XXXX on XXXX XX/XX/XXXX as stated to the CFPB The servicing was then Transferred to XXXX We recieved NO Welcome Letter from this entity, Then In XXXX XXXX I received a Letter From Plaintiffs Attorney that ( Clear Springs loan servicing is now the client ) There is a foreclosure action filed by XXXX XXXX In XXXX County XXXX. we never Received a welcome letter from Clear Springs Loan Servicing it was faxed XXXX/XXXX/XXXX yesterday again addressed to XXXX XXXX. I live in the property in Question and always have. XXXX corrected the address in one of our complaints and I spoke with them Yesterday they have XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX on file, There was no collection efforts by XXXX and there was no Homeowners Insurance on the property from XX/XX/XXXX-and XX/XX/XXXX XXXX XXXX stopped paying it while under court order during a divorce. XXXX did not list that there is a XXXX Mortgage Holder on the property and they were never served there is a XXXX lien in XXXX position XXXX XXXX ( see attached ) originated XXXX/XXXX/XXXX Prior to the XXXX XXXX XXXX. Clear Springs is requesting a insurance policy in there name as XXXX position holder, XXXX was n't a holder and had no selling rights, this loan was settled with XXXX
Company Response: Closed with explanation

Disputed: Yes Timely Response

2015-07-01

MS

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was paid
Complaint: We had a scam on our house by XXXX XXXX XXXX of XXXX, Ms . The owner skipped the country with most of the money they collected. I have paid on this since XXXX to XXXX XXXX until they went into bankruptcy last year ( XXXX ). Since then I had been paying the Bankruptcy Division in XXXX, Ms . In XXXX of XXXX a company named XXXX XXXX XXXX took over. I have sent them copies of my cancelled checks for all of XXXX and XXXX. I happened to forget about XXXX XXXX payment and sent it in this XXXX with my XXXX payment. I have already sent XXXX XXXX payment to them but they keep sending a statement saying I have been delinquent since XXXX XXXX. At the time of the transfer to Clearspring I had to get them to deposit at least 3 month checks that they kept telling me they did not have. They finally deposited them. I do not want to lose my house over this. I have repeatedly tried to get this fixed. I have all letters, e-mail communications etc. with the Bankruptcy court and XXXX. I ca n't seem to trust anyone to deposit my checks so I can have proof. I do n't want to give them my card to take out my payments because I do n't trust them.
Company Response: Closed with explanation

Disputed: No Timely Response

2015-06-17

Buffalo Grove, IL

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt is not mine
Company Response: Closed with explanation

Disputed: No Timely Response

2015-06-15

Carrigan, IL

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2015-05-21

Bel Alton, MD

Disclosure verification of debt

Debt collection: I do not know

Not given enough info to verify debt
Company Response: Closed with explanation

Disputed: No Timely Response

2015-05-19

Beaumont, TX

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was discharged in bankruptcy
Company Response: Closed with explanation

Disputed: No Timely Response

2015-05-11

Louisville, KY

Managing the loan or lease

Consumer Loan: Installment loan

Complaint: I started a deed to land contract with XXXX XXXX XXXX XX/XX/XXXX. The loan was then sold to Clear Spring Loans XX/XX/XXXX. This company then started to report this as a conventional home loan/mortgage. I have never had a home loan or mortgage with this company nor any other company and I am looking to have this and all record of it removed from my credit report. I have repeatedly contacted this company in writing and in phone calls to have this resolved and have not been given anything in writing and definitely nothing in the phone calls. They have since started to report incorrect late payments on my report and have stopped reporting ontime payments. They are intentionally hurting my credit.
Company Response: Closed with explanation

Disputed: No Timely Response

2015-05-08

Dixmoor, IL

Communication tactics

Debt collection: Mortgage

Frequent or repeated calls
Company Response: Closed with explanation

Disputed: No Timely Response

2015-04-27

Finksburg, MD

Cont'd attempts collect debt not owed

Debt collection: Other (i.e. phone, health club, etc.)

Debt is not mine
Complaint: ClearSpring Loan Services is reporting I owe a debt of {$950.00} on my credit report. This debt was recently taken off of my husband 's report, but not mine. Thus, I am writing to get it removed from my credit report. The company stated this debt was a result of a foreclosure in XXXX Virginia. However, my research unveiled by calling the county clerk 's office of where the property was located ; they stated the bank bought back the property for what was owed on the mortgage, thus resulting in no debt. I reach out to the debt collector many times to give me more information about the debt they claim to have. They agreed they would provide me a breakout of the debt on numerous occasions, but they never did. Each time, I kept getting letter after letter, with no breakouts. They kept making empty promises, and they continued to harass my husband saying that we owe this debt. We received a notice from them stating this : " As required by Section XXXX of the XXXX Virginia Code, ClearSpring Loan Services XXXX Inc. is required to notify you of the following information concerning the account referenced above : " The law limits how long you can be sued on a debt. Because of the age of your debt, XXXX - XXXX MRT Deficiencies can not sue you for it and XXXX - XXXX MRT Deficiencies can not report it to any credit reporting agencies. '' Even after receiving this notice, they are still trying to collect this debt and it shows up on my credit report. My husband did everything we could do in terms of researching any debt and requesting the breakout of what this debt is for. I am writing because even though recently the debt was removed from my husband 's credit report, it is still on mine. I would like them to remove this debt, as there are huge question marks on the validity of this. Please help get them to remove this from my credit report.
Company Response: Closed with explanation

Disputed: No Timely Response

2015-04-27

Phoenix, AZ

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2015-04-23

Denver, CO

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt is not mine
Company Response: Closed with explanation

Disputed: Yes Timely Response

2015-04-15

Lincoln Park, MI

Settlement process and costs

Mortgage: FHA mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response

2015-04-12

Glover, MO

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2015-04-10

Finksburg, MD

Incorrect information on credit report

Credit reporting:

Public record
Complaint: ClearSpring Loan Services states I have a debt of {$950.00}. This is the XXXX or XXXX debt collector who has provided me with this debt. XXXX debt collector must be selling to another debt collector. They have stated this debt is a result of a foreclosure I had in XXXX XXXX. However, my research unveiled by calling the county court 's office of where the property was located, that the bank bought back the property for what was owed on the mortgage, no more. I reached out to the debt collector to give me more information about this debt on numerous occasions with a breakout of what this charge is for so I can verify. They 've agreed that they would do so on XXXX different occasions, but they never have. Each time, I get the same letter in the mail that says I have a debt of {$950.00}. No breakout whatsoever. They keep making empty promises, as the debt collectors call me every few days for the last couple years trying to collect. I grew so tired of them not abiding to their promises that I stop answering their calls. It is very frustrating, I keep getting the same runaround, and this has happened for several years. Additionally, I got a notice from them stating this : " As required by Section 46A-2-128 of the XXXX XXXX XXXX, ClearSpring Loan Services , Inc. is required to notify you of the following information concerning the account referenced above : " The law limits how long you can be sued on a debt. Because of the age of your debt, XXXX - XXXX MRT Deficiencies can not sure you for it and XXXX - XXXX MRT Deficiencies can not report it to any credit reporting agencies. '' Even after receiving this notice, they still call me and try and collect on the apparent debt they say I owe. I called them to question this, and they stated that this notice does n't mean the debt goes away. I 've done everything I know of to research to see if there was a debt, requested the debt collector to send me a breakout of the debt so I can verify, but this has n't solved anything. I was so frustrated with them, I asked them never to call me again and that I wo n't pay them without being able to verify if this really is a debt of mine. However, they keep calling. I am writing because the debt still shows up on my credit report ; I would like that to be removed because I 'm under the impression when I go to get my next mortgage the bank securing the loan wo n't give it to me with a debt collection being reported. Please help. Thank you.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2015-03-18

Colts Neck, NJ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2015-03-06

Brooklyn, NY

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt resulted from identity theft
Company Response: Closed with explanation

Disputed: No Timely Response

2015-03-04

Amsterdam, NY

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2015-02-27

Beaumont, TX

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was discharged in bankruptcy
Company Response: Closed

Disputed: No Timely Response

2015-02-22

Inman, SC

Managing the loan or lease

Consumer Loan: Installment loan

Company Response: Closed with explanation

Disputed: No Timely Response

2015-02-08

Cameron Park, CA

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was paid
Company Response: Closed with explanation

Disputed: No Timely Response