There are over 4954 complaints on file for Specialized Loan Servicing LLC. Dated between 2019-12-06 and 2012-04-23.
2018-03-08
IL
Complaint: To Whom It May Concern, My husband and I are extremely " underwater '' on our primary home that we purchased in XX/XX/XXXX. In XX/XX/XXXX, we applied for and was approved for an home modification through our current lender SLS that instead of an decrease in our mortgage we experience an huge increase in our mortgage from XXXX to XXXX. We are currently paying XXXX due to increase in our escrow. We have been trying to refinance to lower the payment but due to that we owe XXXX and the house is value at XXXX we have been unable to qualify for a refinance house until now. We are working with an excellent mortgage specialist that informed us that we could possibly refinance the house if our current lender SLS ( Specialized Loan Service ) agree to forgive the difference amount that is owed. We submitted an letter on XX/XX/XXXX regarding this request via fax and email. I called SLS several times regarding receiving the letter and my request and was informed by one representative that they do not accept those type of requests, another representative informed me that they do not know what department deals with those type of requests and was unable to transfer to that department. I did speak with an Supervisor XXXX who informed that what I was requesting was what SLS called an short notification payoff and that most likely the office that is reviewing my request will send me the documentation to complete for the short notification. However, I have not received such documentation. I have received notice from SLS that they are reviewing my request and will notify me of letter the determination. SLS did not provide me with an timeframe but just stated " will notify you according to the government policy of notification '' Also, they sent me an letter stating " thanks for requesting application for an loan modification we will start to begin the process once you fill out the forms ''. I did not request loan modification as our letter was extremely clear of the request. We believe SLS is avoiding our request and is sidetracking us with other non-useful documentation. We are requesting your assistance in this matter to escalate our requests with SLS so we can receive the correct documentation and proceed to refinance our house to lower our payments as this is causing dire financial strain to our family. Thanking you in advance.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-07
Albany, NY
Complaint: Specialized Loan Servicing has attempted to foreclose on the proprietary lease and shares in a XXXX XXXX XXXX without a valid and enforceable security interest, and collect a discharged debt in violation of the discharge injunction in place in the XXXX XXXX of New York Bankruptcy Court case XXXX. XXXX XXXX XXXX has sold a debt and mortgage while subject to Loss Mitigation proceeding in the above mentioned case to avoid the implications of the pending Objection to XXXX 's MOTION FOR RELIEF, requesting sanctions and outlining XXXX 's violations of law.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-07
Sebring, FL
Complaint: I have previously filed a compliant against SLS for this same thing. SLS refuses to properly apply my principal reduction payments. This causes me to have to repeatedly call and write them to correct their error. They have stated multiple times that they have corrected this this but it continues to happen. This results in SLS charging me extra interest - beyond what is defined/allowed in my Mortgage
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-06
Oxford, GA
Seized or attempted to seize your property
Complaint: XXXX XXXX XXXX XXXX VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of LEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. Illegal documents have been filed against me and my home, the property I own at XXXX XXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA , COUNTY XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX County Georgia, being Lot XXXX Block XXXX of XXXX XXXX XXXX as per plat thereof recorded in Plat book 33 page 194-199, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX OCGA 44-7-1, 44-7-2 ,44-7-3,44-7-5 XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX County Court, and had no objections to Exempt From Sale and Levy Court Order or Bankruptcy. XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or Specialized Loan Servicing resulting in two court orders 1.Exempting the property from sale and Levy and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, Specialized Loan Servicing, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders.
XXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX Grantee party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power. ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE. The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. XXXX Magistrate Court Judge suggested I report the crime to XXXX Law Enforcement and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge. Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt. Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.
( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
What Is Theft by Conversion in Georgia?
Theft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES.
What Is Considered Personal Property in Georgia?
According to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property.
Examples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia?
No. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property.
Is Theft by Conversion a Felony or Misdemeanor?
The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. What Is the Punishment for Theft by Conversion? The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine. Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions.A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.O.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.
O.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.
O.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words.
( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.
XXXX XXXX OBJECTS XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX. SPECIALIZED LOAN SERVICING AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING XXXX OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS.
Using the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS.
O.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.
O.C.G.A. 11-9-201. General effectiveness of security agreement.
( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
O.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder.
( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing.
Grantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored Manor Homes Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX XXXX XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale.
NO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX , BXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Specialized Loan Servicing, the responsible attorneys I believe to be a XXXX XXXX XXXX XXXX XXXX attorneys for the firm XXXX XXXX XXXX.
11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX County Court Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request.
O.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.
( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq.
12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.
13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True.
14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record.
Grand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators.
( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter..
( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden.
( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process.
( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, " whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, " in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves " fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.
( h ) Uttering a Forged Instrument.
( i ) Accessory Before the Fact in Uttering a Forged Instrument.
( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.
Fraud.
( l ) Encumbering Property with Intent to Defraud.
( m ) Passing Forged Instruments.
( n ) Attempted Fraud.
( o ) Using the Mails to Defraud.
( p ) Securities Fraud.
( q ) Conspiracy to Defraud the Public.
( r ) Transporting Stolen Property.
( s ) Obtaining Money by False Pretenses.
( t ) Malicious Trespass.
Everyone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.
O.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud.
( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.
( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension " Abet '' means to encourage, incite, or help and " Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them.
( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21.
( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.
( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.
( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.
( gg ) Forgery of Public Documents.
( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia .
( kk ) State of Georgia conviction for forgery. XXXX v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX XXXX ( XXXX Cir. XX/XX/XXXX ). The XXXX Circuit in XXXX v. XXXX, XXXX XXXX. Appx. XXXX ( XXXX Cir. XX/XX/XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a XXXX as the offense involved forgery and was fraudulent in nature.
( ll ) Attempting to Obstruct or Impede the Progress of Justice.
( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.
( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed.
( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies.
O.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX v. XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover.
XXXX lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX XXXX XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND LEVY COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS EVIDENCE.XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM PARTIES XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SPECIALIZED LOAN SERVICING XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN.
Here are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.
2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.
4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.
5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.
6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.
7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.
8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.
9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.
10. Certifications must be based upon personal knowledge and
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-06
Orland Park, IL
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-06
Laurel, NY
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-05
Fort George, NY
Information is missing that should be on the report
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-05
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-05
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-05
Chicago Heights, IL
Account status incorrect
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-05
Key Biscayne, FL
Complaint: On XX/XX/XXXX when I was making a payment over the phone for my mortgage, the servicing company ( Specialized Loan Servicing, LLC - SOS ) offer me a 3 month deferral payment because I was on the affected zip code area in XXXX. First they told me to just not pay for three months, that it sounded very odd to me, when I called again and again, they always gave me a different answer. Finally on the 12th call, they told me I needed an approval from the bankruptcy court authorizing the to grant me deferral program. My attorney went to court and got approval by the court and send it to them. I didn't pay for three months and on XX/XX/XXXX, made my first payment and so on, until this date. Now they are taking me to court and saying that am 3 months behind payments, because they never signed an agreement with me. After trying to find a solution and explain that I was affected by the Hurricane, they offered me a 6 month re-payment plan ( for the 3 unpaid months ) wish I agreed, but now they are not sending me the agreement of the repayment plan and are taking me to court.
I do not think is a fare way to deal with a customer and I do not believe I have done anything wrong other that believe their word.
What options do I have than to take them to court and I do not have the funds for an attorney.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-05
Grosse Ile, MI
Complaint: How is this company not being investigated yet????? I was on the phone with them 2 hours a day for three weeks and it's like taking 2 steps forward and 5 steps back! When calling today, the escrow analysis that was expedited on XX/XX/XXXX after talking to XXXX, XXXX, XXXX, XXXX and the finally the manager, XXXX and was told on a good note, XXXX XXXX, there's no sale date for your house yet. YES THERE IS! It'sXX/XX/XXXXat XXXX XXXX, hence why I can't wait till XX/XX/XXXX for an escrow analysis!!!! When I called today, XX/XX/XXXX, I also spoke with 5 representatives and was told this was never ordered onXX/XX/XXXX, but they'll put the request in for me now. Sure .... while my house is going up for sale on XX/XX/XXXX and this reinstatement quote is only good until XX/XX/XXXX!!! I called CFPB direct and didn't get much help either. I was told they have until XX/XX/XXXX to respond, however if they don't respond .... then what? Where's the accountability here?
Dated XX/XX/XXXX I was promised a reinstatement quote before the end of the business day today and after talking with 2 representatives and a supervisor and was told it was being expedited .... I still haven't received it. I sent you a registered letter last Monday requesting this information as well as an email on Wednesday requesting the same information. I haven't been able to reach anyone at your company in 4 months until my house was put into foreclosure. I do mortgages for a living and I have the funds to pay, but it's really convenient when you don't use the attorney you hired locally to do the reinstatement and I have to go through your office that I haven't been able to get in touch with for 4 months!!!!
What do I have to do to obtain this information from you and how is it your company is still in business? There's an open complaint with the CFPB ( XXXX ) and I will be fighting any attorney fees and cost that you requested from XXXX XXXX XXXX XXXX XXXX last Wednesday and request repayment of my attorney fees if I have to get him involved tomorrow. If my phone call was taken the 21 times I've tried calling to make payment with hold times no less than 1 hour 30 minutes, you wouldn't have had to hire an attorney. How many other people have you swindled their house from under them? I'm knowledgeable in this industry and can't believe what I've had to go through to get this information. XXXX help those people that know nothing and just lose their house!!!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-04
NC
Complaint: For over nine months we were submitting documents to SLS for a loan modification only to be notified by a lawyers office that our home was in pre-foreclosure status. Not understanding how this could have taken place we tried to log into our online account to see if any updates or messages had taken place but could not, due to the fact they had locked us out of our account. Upon calling SLS for information regarding our loan status, we were informed that our loan was in default and if we wanted access this account and our home out of pre-foreclosure then we must pay approximately {$5000.00}. I asked SLS to explain to me how this happened and where did they come up with this requested amount, they refused to answer any of my questions. They also refused to send me any documents pertaining to this account. The only response I got from them was " you received no notifications on the status of your loan or modification status due to the fact you filed Bankruptcy six years ago. ''
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-04
Key Biscayne, FL
Account information incorrect
Complaint: In XX/XX/2017, Specialized Loan servicing bought a loan of mine from XXXX. They claim it is a second mortgage/ Real Estate loan on my credit report and the address they continue to report as my property has not been mine for 13 or so years. This is an ongoing issue an accounting error had created issues with what was owed etc. Now in trying to purchase a home, lenders say I have to wait because I defaulted on a mortgage.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-03
Santa Ysabel, CA
Complaint: I started a HAMP Modification. In XX/XX/XXXX, I was told I was approved for the trial period. In 52.5 years, I have NEVER been late or missed ANY payments EVER especially mortgage payments thus there are no fines, fees or finance charges other than regular principle and interest payments on a fixed rate fully amortized loan involved!!! I have also never had an Escrow account on any of my loans. My P & I payments were {$2900.00} for the last 16 years, and my HAMP trial period payments were calculated to be {$2500.00}. My trial payments were to be XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. When I called, XX/XX/XXXX to setup my trial payments, I was told since my XX/XX/XXXX payment was more than the trial amount, it counted as my first trial payment to be received on or before XX/XX/XXXX. Not believing this to be true, per the trial modification agreement received, I set up the 3 trial payments, per the documentation received, so as not to jeopardize the modification. Monies were to be taken from my account automatically per the trial plan. When I called in to inquire about the process, after receiving paperwork stating that my new Escrow amount was to be {$3300.00}, I was told that unless I make my full old Loan payment with the new ESCROWED payment, which was now actually {$4000.00}, instead of the {$3300.00}, per the escrow analysis statement date XX/XX/XXXX, I would be reported as delinquent in my mortgage to the credit bureaus. I kept calling SLS to find out how much I owed, so as not to be reported as late, and again, was ALWAYS told different answers. I have written them countless letters and even had them review their telephone recordings from all the times I called in to hear exactly what I was advised and told to do and how much to send in.
I not only made my 3 trial payments, but I also made payments for my regular mortgage, however, ESCROW monies were now attached to my OLD Loan as well, because that is how the modification is setup! When I again called to inquire WHY I am making 2 P & I Payments, 2 Tax Escrow Payments, 2 Insurance Escrow Payments, and 2 escrow shortage payments monthly, and a separate Escrow shortage check I was snottily told by an SLS representative, look if you dont pay OLD loan PI and Escrowed T & I youll be reported as late. So, I took out a loan and made whatever payments SLS told me I needed to make as not to lose the modification. When I received the Final Loan Mod paperwork XX/XX/XXXX ( before the 3rd trial payment was taken out of my account ), I called and was told I had one more payment to make. When I informed them I am looking at the final Loan Mod paperwork to sign and fax back, but have questions about HOW I could sign something that is in error, I was told nothing could be done at this point, like the accounting of funds sent in and a refund of excess escrow monies, until the final loan modification was completed, and only after I receive the Final HAMP Loan Modification Documentation. When I inquired about this {$7500.00} escrow shortage, I was re-assured all would be fixed after the final wet signature was received, and the 3 trial payments were made. Ive called and written SLS dozens and dozens of times, and I always get the same response. NOTHING IS WRONG! Weve looked and everything is correct. They will NOT give me a straightforward accounting of funds received and WHERE those funds went and why they just dont add up, just pages of codes with reversals and amounts going into and out of different categories. They send me an escrow analysis statements of what my new payments will be and a mortgage statement showing what the amount should be, which are both out of sync, then charge me a late fee and put monies into a suspense account, not applying it to my mortgage and escrow properly, and then ding my credit, after I send them what they said needed to be paid. Over {$2500.00} is missing from Escrow, there is an incorrect loan amount listed ( ie. It is also in arrears 1 month already, and the balance keeps growing ) and the monthly payment amount is incorrect. I continue making these incorrect contractual payments after sending SLS monies based on their escrow analysis and initial mortgage statements received where they then tell me that is not the correct amount and they do not believe I received an Escrow analysis. So, I send them all documents received and they get back to me over 30 days later most of the time. Of course, the numbers change after each monthly payment, so I am forced to review my account all over again each time I prepare new documents and send them to wait to hear nothing is wrong.
My XX/XX/XXXX mortgage statement still shows an incorrect loan balance, an incorrect amount in Escrow, and monies are held in suspense wrongfully, and I get canned responses from SLS each time I email or mail them. Once again, different departments contact me. One sends me an application to start the process all over again by requesting a new Loan modification, and the another sends me mortgage statements with reversals and incorrect amounts listed on the statement.
To make a long story short, below is my payment history, since the beginning of XX/XX/XXXX. ( The XX/XX/XXXX mortgage payment was made on XX/XX/XXXX, hence is not listed below. ) I almost could follow this, but get extremely lost as they also have many reversals.
Funds Sent Date Monthly Interest Principle Taxes and Monthly Excess Running Balance Running Balance Ending Loan Balance Sent In Sent In Total Sent Insurance Sent In Excess/Month After T & I Paid {$350000.00} {$3000.00} XX/XX/XXXX {$3000.00} {$1700.00} {$1200.00} {$0.00} {$0.00} {$0.00} {$350000.00} {$3000.00} XX/XX/XXXX {$3000.00} {$1700.00} {$1200.00} {$0.00} {$0.00} {$0.00} {$350000.00} {$3000.00} XX/XX/XXXX {$3000.00} {$1700.00} {$1200.00} {$0.00} {$0.00} {$0.00} {$350000.00} {$2500.00} XX/XX/XXXX {$4000.00} XX/XX/XXXX {$2100.00} XX/XX/XXXX {$8700.00} {$1700.00} {$1200.00} {$700.00} {$5700.00} {$5700.00} {$5000.00} {$350000.00} {$2500.00} XX/XX/XXXX {$1500.00} XX/XX/XXXX {$4000.00} {$1700.00} {$1200.00} {$1000.00} {$6100.00} {$6100.00} {$350000.00} {$0.00} XX/XX/XXXX {$0.00} {$0.00} {$350.00} {$0.00} {$5700.00} {$5700.00} {$350000.00} XXXX OFF BY - {$350.00} {$350000.00} {$1600.00} XX/XX/XXXX {$1600.00} {$1100.00} {$310.00} {$210.00} {$5900.00} {$5900.00} {$350000.00} {$2300.00} XX/XX/XXXX {$2300.00} {$1100.00} {$310.00} {$2900.00} {$950.00} {$6900.00} {$4000.00} {$350000.00} {$2300.00} XX/XX/XXXX {$2300.00} {$1100.00} {$320.00} {$950.00} {$4900.00} {$4900.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1100.00} {$320.00} {$1000.00} {$6000.00} {$6000.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1100.00} {$320.00} {$4300.00} {$1000.00} {$7000.00} {$2600.00} {$350000.00} {$33000.00} {$33000.00} {$14000.00} {$8200.00} {$7900.00} XXXX XXXX {$25000.00} {$14000.00} {$7800.00} {$1000.00} Difference {$7900.00} - {$600.00} {$320.00} {$6900.00} Hmmmm! Interesting Differe+ {$51.00} - {$51.00} = {$7900.00} {$30000.00} XX/XX/XXXX PITI Paid Exactly What I ( XXXX ) paid for T & I {$2600.00} S/B In ESCROW XX/XX/XXXX My XX/XX/XXXX mortgage statement shows I have a Loan Balance of {$350000.00}, and I owe {$1600.00}, so I send that into SLS. SLS puts that into suspense. XX/XX/XXXX Escrow analysis received shows a new monthly payment at {$2300.00} starting XX/XX/XXXX. When I speak to a supervisor about the XX/XX/XXXX Suspense payment, he states he doesnt see an Escrow analysis that I should send it to him, and I send SLS {$2300.00} on XX/XX/XXXX and XX/XX/XXXX, per the escrow analysis I received, but they put that in suspense once again. After calling again, I am told I have to send in contractual payments of {$2400.00}, so I do, and they still put that in suspense. In a letter dated XX/XX/XXXX they state I asked to have my XX/XX/XXXX payment reversed on XX/XX/XXXX, yet they do not state they received my XX/XX/XXXX payment, in the amount of {$1600.00} per the 1st Modified Loan statement received. In this letter they say my contractual payments went from {$2500.00} down to {$2400.00}, as there were sufficient funds there, ( YEAH! YA THINK!! ) yet on XX/XX/XXXX they state to send in {$2300.00}, per the escrow analysis statement. I really dont know how many more errors are in their correspondences.
After my XX/XX/XXXX payment was processed, on or about XX/XX/XXXX, I expected to see a mortgage statement showing a balance in Escrow of {$2600.00}, and a Loan Balance of {$350000.00} with the corrected monthly payment amount of whatever it should be after being corrected. Instead, I see a loan balance of {$350000.00} and {$970.00} in Escrow with a payment due of {$3500.00} and {$1400.00} in suspense. Late fines were assessed a couple of months, but were graciously removed once, as a 1 time courtesy I also expected to see mortgage interest in the amount of {$14000.00}, per XXXX Holdings Incs Tax Year End XX/XX/XXXX Statement.
{$33000.00} Total Pmts Made in XX/XX/XXXX {$14000.00} Interest ( XX/XX/XXXX-XX/XX/XXXX, as per outlined above ) {$8200.00} Principle {$7900.00} Taxes & Insurance -> {$700.00} + {$2900.00} + {$4300.00} ============== {$2600.00} Should be in Escrow as of XX/XX/XXXX and the Mortgage Balance should be {$350000.00}, but this is not the case.
If I look at things differently, per a ledger similar to the SLS Ledger, I still show an Escrow balance of {$2600.00}, a loan balance of {$350000.00} with all funds applied, after all trial payments go into the Unapplied Funds Category then taken out prior to the Final Loan Modification.
Transaction Effective Principle Interest Escrow Late Charge Unapplied Funds Transaction Transaction Balance Balance Paid Thru Unapplied Balance Date Date Amount Amount Amount Amount Amount Amount Type Principle Escrow Running Balance XX/XX/XXXX XX/XX/XXXX {$1200.00} {$1700.00} {$0.00} {$0.00} {$0.00} {$3000.00} AP {$350000.00} {$0.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$1200.00} {$1700.00} {$0.00} {$0.00} {$0.00} {$3000.00} XXXX {$350000.00} {$0.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$0.00} {$0.00} {$0.00} {$0.00} {$3000.00} {$3000.00} XXXX {$350000.00} {$0.00} {$3000.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$0.00} {$0.00} {$0.00} {$0.00} {$2500.00} {$2500.00} XXXX {$350000.00} {$0.00} {$5500.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$0.00} {$0.00} {$0.00} {$0.00} - {$700.00} - {$700.00} XXXX {$350000.00} {$0.00} {$4800.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$1200.00} {$1700.00} {$1000.00} {$0.00} {$0.00} {$4000.00} XXXX {$350000.00} {$1000.00} XX/XX/XXXX {$4800.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$0.00} {$0.00} {$2100.00} {$0.00} {$0.00} {$2100.00} XXXX {$350000.00} {$3200.00} {$4800.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$0.00} {$0.00} {$0.00} {$0.00} {$2500.00} {$2500.00} XXXX {$350000.00} {$3200.00} {$7300.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$0.00} {$0.00} {$0.00} {$0.00} {$1500.00} {$1500.00} XXXX {$350000.00} {$3200.00} {$8800.00} {$0.00} XX/XX/XXXX XX/XX/XXXX {$1200.00} {$1700.00} {$0.00} {$0.00} - {$2900.00} - {$2900.00} XXXX {$350000.00} {$3200.00} XX/XX/XXXX {$5800.00} - {$2900.00} XX/XX/XXXX XX/XX/XXXX {$1200.00} {$1700.00} {$0.00} {$0.00} - {$2900.00} - {$2900.00} XXXX {$350000.00} {$3200.00} XX/XX/XXXX {$2800.00} - {$2900.00} XX/XX/XXXX XX/XX/XXXX {$350.00} {$0.00} {$0.00} {$0.00} - {$350.00} - {$350.00} XXXX {$350000.00} {$3200.00} {$2500.00} - {$350.00} XX/XX/XXXX XX/XX/XXXX {$0.00} {$0.00} {$2500.00} {$0.00} - {$2500.00} - {$2500.00} XXXX {$350000.00} {$5700.00} {$0.00} - {$2500.00} XX/XX/XXXXXX/XX/XXXX {$310.00} {$1100.00} {$210.00} {$0.00} {$0.00} {$1600.00} XXXX {$350000.00} {$5900.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX {$310.00} {$1100.00} {$950.00} {$0.00} {$0.00} {$2300.00} XXXX {$350000.00} {$6900.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX {$0.00} {$0.00} - {$2900.00} {$0.00} {$0.00} - {$2900.00} XXXX {$350000.00} {$4000.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX {$320.00} {$1100.00} {$950.00} {$0.00} {$0.00} {$2300.00} XXXX {$350000.00} {$4900.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX {$320.00} {$1100.00} {$1000.00} {$0.00} {$0.00} {$2400.00} XXXX {$350000.00} {$6000.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX {$320.00} {$1100.00} {$1000.00} {$0.00} {$0.00} {$2400.00} XXXX {$350000.00} {$7000.00} XX/XX/XXXX {$0.00} {$0.00} XX/XX/XXXX {$0.00} {$0.00} - {$4300.00} {$0.00} {$0.00} - {$4300.00} XXXX {$350000.00} {$2600.00} {$0.00} {$0.00} {$8200.00} {$14000.00} {$2600.00} {$0.00} {$0.00} {$16000.00} XXXX XXXX Prin Paid Int Paid Esc Paid late Chrg unapplied funds Trans Amt {$7800.00} {$14000.00} {$1000.00} {$0.00} {$1400.00} {$25000.00} XXXX {$320.00} - {$600.00} {$1600.00} {$0.00} - {$1400.00} - {$8900.00} If I continue making the payments as contractually required, the scenario only gets compounded. In XX/XX/XXXX, after property Taxes are paid, Ill have a {$2500.00} Escrow Balance, and in XX/XX/XXXX, when Insurance is paid, Ill have an Escrow balance of {$4900.00}. Then after XX/XX/XXXXs taxes are paid, Ill have a {$3600.00} Escrow Balance. Shouldnt an Escrow cushion balance be like XX/XX/XXXX or XX/XX/XXXX of Taxes & Insurance??
Funds Sent Date Monthly Interest Principle Taxes and Monthly Excess Running Balance Running Balance Ending Loan Balance Sent In Sent In Total Sent Insurance Sent In Excess/Month After T & I Paid {$350000.00} {$3000.00} XX/XX/XXXX {$3000.00} {$1700.00} {$1200.00} {$0.00} {$0.00} {$0.00} {$350000.00} {$3000.00} XX/XX/XXXX {$3000.00} {$1700.00} {$1200.00} {$0.00} {$0.00} {$0.00} {$350000.00} {$3000.00} XX/XX/XXXX {$3000.00} {$1700.00} {$1200.00} {$0.00} {$0.00} {$0.00} {$350000.00} {$2500.00} XX/XX/XXXX {$4000.00} XX/XX/XXXX {$2100.00} XX/XX/XXXX {$8700.00} {$1700.00} {$1200.00} {$700.00} {$5700.00} {$5700.00} {$5000.00} {$350000.00} {$2500.00} XX/XX/XXXX {$1500.00} XX/XX/XXXX {$4000.00} {$1700.00} {$1200.00} {$1000.00} {$6100.00} {$6100.00} {$350000.00} {$0.00} XX/XX/XXXX {$0.00} {$0.00} {$350.00} {$0.00} {$5700.00} {$5700.00} {$350000.00} XX/XX/XXXX OFF BY - {$350.00} {$350000.00} {$1600.00} XX/XX/XXXX {$1600.00} {$1100.00} {$310.00} {$210.00} {$5900.00} {$5900.00} {$350000.00} {$2300.00} XX/XX/XXXX {$2300.00} {$1100.00} {$310.00} {$2900.00} {$950.00} {$6900.00} {$4000.00} {$350000.00} {$2300.00} XX/XX/XXXX {$2300.00} {$1100.00} {$320.00} {$950.00} {$4900.00} {$4900.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1100.00} {$320.00} {$1000.00} {$6000.00} {$6000.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1100.00} {$320.00} {$4300.00} {$1000.00} {$7000.00} {$2600.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$320.00} {$1000.00} {$3700.00} {$3700.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$320.00} {$1000.00} {$4800.00} {$4800.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$320.00} {$1000.00} {$5800.00} {$5800.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$320.00} {$4300.00} {$1000.00} {$6900.00} {$2500.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$320.00} {$1000.00} {$3500.00} {$3500.00} {$350000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$320.00} {$1000.00} {$4600.00} {$4600.00} {$340000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$320.00} {$1000.00} {$5600.00} {$5600.00} {$340000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$330.00} {$1000.00} {$6700.00} {$6700.00} {$340000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$330.00} {$2900.00} {$1000.00} {$7800.00} {$4900.00} {$340000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$330.00} {$1000.00} {$5900.00} {$5900.00} {$340000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$330.00} {$1000.00} {$7000.00} {$7000.00} {$340000.00} {$2400.00} XX/XX/XXXX {$2400.00} {$1000.00} {$330.00} {$4300.00} {$1000.00} {$8000.00} {$3600.00} {$340000.00} I am enclosing Mortgage Statements and Escrow Analysis statements I have received from SLS thus far, as well as most recent correspondence from SLS Stating that they responded five times within the last year, and that A copy of your most recent Escrow Analysis Disclosure Statement Dated XX/XX/XXXX has been enclosed for your Convenience. YES. IT STATES MONTHLY PAYMENT IS {$2300.00}. Mortgage Statement shows CONTRACTUAL PAYMENT of {$2400.00}. Thats a difference of $ XXXX/Month. WHICH ONE IS IT?? They cant figure it out correctly until the Escrow balance and loan balance is corrected pre-modification, based on payments received since XX/XX/XXXX, for the trial payments and the regular NOW ESCROWED payments. It seems there are MULTIPLE departments involved here and one doesnt know what the others are doing, or they want until payments are received and the numbers are different. Someone needs to be held accountable for the history of this account and correct all the issues and get all departments in sync. I made more payments than what was required of me ( $ XXXX OR is it $ XXXX OR was it supposed to be {$4000.00} ) and SLS should apply the payments correctly when they came in and to the correct Escrow account in a proper fashion and only then do an Escrow analysis. Payment amounts and their codes are being applied everywhere and are constantly changing depending on where the document originated. I would just really like to see where my monies went when they received them, and follow it succinctly. They can not seem to provide me this.
I sent them, to a different address as requested, an escrow shortage amount of {$2100.00}. This amount appears over 12 times in XXXX accounting which I can ALMOST follow, but still cant. It looks like I sent in {$2100.00} three times, which I did not. The Final Loan Modification shows I still have an Escrow Shortage of {$7500.00}, after sending them a shortage amount of {$2100.00} at the SLS address specified!
In the most recent letter from SLS ( XXXX ), SLS states that trial payments were applied XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX in the amount of {$2500.00} each ( x 3 ). If that is the case, where is the additional {$8200.00} ( {$15000.00} {$7500.00} ) sent in and how was each {$2500.00} applied to my Principle, Interest, Tax, Insurance and Escrow account?
Could someone please help me get this corrected? I am at my wits end playing with numbers. WHO do I turn to? I can not get SLS to correct these errors by giving me a clean/ Succinct accounting of exactly where all this money went based on when it came in and where it was supposed to go. I just get PAGES of reversals to different categories I can not follow. They just keep assessing late fees, reporting me as late, sending me late notices and then telling me to disregard them as they were sent out in error, and telling me everything is correct. I was obligated to pay {$2500.00} for three months, which I did. I also paid my normal Mortgage Payment AND ESCROWED that too, yet the monies are NOT in Escrow. Is there ANOTHER account somewhere holding my {$7500.00}??
If each trial payment contains an Escrow Amount of {$1000.00} and I made 3 of those and 2 regular payment ones and I sent in 1 Escrow shortage check for {$2100.00}, then escrow should have had {$7400.00}. Subtract {$700.00} for the insurance payment and you are left with {$6700.00} in Escrow at the time of Loan Modification, with a balance of {$8300.00} sitting in unapplied funds for P & I to calculate the loan amount.
All I want is a clean accounting of funds sent in, and how/where/when they were applied, because I cant make heads or tails out of all the reversals into and out of the different codes, that just dont seem to balance no matter how long and hard I look at the numbers. I followed it for a while, then it gets too convoluted. Hopefully you can assist. Thank You!
What would be a fair resolution to this issue?
Well forward this to the companies involved. Be specific so they know what resolution you are looking for. The company may or may not offer to resolve your complaint.
Stop sending canned letters and actually look at my payment history and correspondence ( on a payment by payment - month by month basis, line by line ) before all reversals were made using multiple codes and amounts and apply the payments succinctly and CORRECTLY the first time around which will properly disperse monies into correct categories ( Principle, Interest, & Escrow ), correct my end of year tax statement, correct my loan balance, calculate Escrow amounts correctly, correct my monthly payment amount, correct the current escrow balance, remove the late from my credit report, remove the late fees assessed, put account back into clean status with HAMP, send me interest on the monies held for the last 9 months, send me my escrow refund check, and get me the job back I probably lost because of the lates on my credit report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-03
Arco, CA
Complaint: Mortgage was transferred from XXXX XXXX to Specialized Loan Servicing LLC. as of XX/XX/2018 I have not receive the information of where to submit my payment. I called and was not able to speak with anyone. When i call through the automated system they do not recognize my original XXXX XXXX account number. If i send a check to that mortgage company and they do not recognize my account how ca i be sure my payment will go through? this change has been a disturbance to my family. We are uneasy of what is next.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-02
FL
Information belongs to someone else
Complaint: I HAVE TRIED SEVERAL TIMES AND SENT IN COMPLAINTS AND FAX IN REGARDS TO ID THEFT THAT OCCURED ON MY ACCOUNT. I LOST MY PURSE. IT WAS REPORTED TO XXXX COUNTY SHERIFF AND XXXX XXXX POLICE DEPT. THEY BASICALLY TOLD ME THERE WAS NOTHING THEY COULD DO. I WENT IN TO GET CAR FINANCING TO FIND MANY ERRENOUS ACCOUNTS ON MY CREDIT REPORT DUE TO IDENTITY THEFT THAT I HAD NO IDEA EVEN EXISTED. PLEASE CONTACT THE 3 BUREAUS ABOUT THIS MATTER SO I CAN RESOLVE OUTSIDE OF CIVIL COURT. I HAVE ASKED FOR MY REPORT TO BE CLEARED OF THESE COLLECTIONS AND FOR THESE ACCOUNTS TO BE UPDATED MY IDENTITY WAS STOLEN BACK INXX/XX/2005AND I'VE BEEN BATTLING THIS FOR YEARS. WHY AM I BATTLING WITH THE CREDIT BUREAUS WHEN THEY ARE HERE TO PROTECT THE CONSUMER. I ASKED FOR A FRAUD ALERT TO BE PLACED ON MY ACCOUNT. AND THE FOLLOWING ACCOUNTS REMOVED.
THESE FORMS HAVE BEEN SENT VIA FAX AND THEY SAY WE NEVER RECEIVED THEM. HOPEFULL THEY'RE RECEIVED FINALLY!!
XXXX XXXX BANK XXXX XXXX XXXX ACC NUMBER XXXX XXXX Account Number : XXXX XXXX XXXX Account Number : XXXX XXXX XXXX XXXX AT THIS TIME I HAD INSURANCE THIS WASNT ME AND IT NEVER WENT THROUGH MY INSURANCE XXXX XXXX/ XXXX XXXX Account Number : XXXX CREDIT INQUIRIES COMPLETE DEPARTMENT STORES, XXXX XXXX BANK XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX BANK XXXX XXXX XXXX XXXX XXXX, XXXX XXXX
Company Response: Closed with explanation
2018-03-02
Tarzana, CA
Complaint: My loan is one of those XXXX loans that were upside down then they went under and my loan was sent to XXXX, where i was offered a numerous amount of loan mods but when I called none of them were valid. Then it was sold to Specialized Loan servicing which has also been a disaster. I have tried to contact them for assistance. My payments are late because I was told my payment was XXXX and thats what i was sending, then it started going up and I was never told that it was gon na happen. So now I am like XXXX behind and never been able to get help. I know I should have gotten a lawyer when all the XXXX situation happened but I wasn't very knowledgeable. Now I am reaching out to all the avenues to see if I can get some help I have reached out to XXXX, SLS, XXXX XXXX XXXX even tried getting help with a company called XXXX. We are always worried that we are gon na come home to find an eviction notice but every month we send XXXX but we don't know what to do anymore Im begging for asssitance and file a complaint on all these companies. I feel that its something wrong that has been done. I have practically been renting my home with no stability.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-02
CO
Complaint: On XX/XX/XXXX we re-financed a loan that was held by Specialized Loan Servicing ( SLS ). We paid the payoff amount they told us to, in the time frame they told us to, and the closing went smoothly with no problems, questions, or issues. Eleven days later, on XX/XX/XXXX, we received a letter from SLS stating they would not close our mortgage until they received an additional {$580.00}. Furthermore, if we didn't pay that additional amount within two days, by XX/XX/XXXX, they would return our closing check, keep the loan active, and continue charging interest. I called SLS on XX/XX/XXXX to inquire about the sudden extra charges, and they said it was related to " additional interest that didn't show up, and a tax/insurance escrow shortage ''. They would not explain further. As I examined their latest numbers, I could not see how they came up with {$580.00}. To complete the transaction, I submitted to SLS a cashier 's check in the amount of {$580.00}. This charge seems inappropriate and unfair since we had already obtained from them correct closing figures and abided by their information.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-02
MO
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-03-01
Lake Balboa, CA
Complaint: I submitted a complaint recently about a HELOC from XXXX XXXX unconfirmed debt from XXXX. XXXX XXXX XXXX has sent me a letter of intent to foreclose. My mortgage was modified in XXXX with XXXX XXXX XXXX. I never took out a loan or HELOC with XXXX XXXX XXXX. I pay my mortgage to XXXX XXXX XXXX each and every month for the past 10 years. I paid the payments in the condo, for 10 years straight blood, sweat, and tears. SLS paid nothing. You already made my life XXXX by negative credit reporting for 4 years straight. I paid for 11 years straight. I was offered no options. Nothing is for free.
Company Response: Closed with explanation
2018-03-01
MO
Complaint: On or about XX/XX/XXXX, after repeated attempts to get proper consideration for loan modification requests from SLS, we employed the services of XXXX XXXX XXXX of XXXX for arbitration assistance in this matter. We paid that organization XXXX for the services, and agreed to pay XXXX XXXX/mo during the course of their services representing our interests in this regard.
XXXX has not provided information that our foreclosure will not proceed forward, and we were not informed until late yesterday that they had been unable to process our requests due to a missing document. We have provided that document and expected information forthcoming that the sale scheduled for Monday, XX/XX/2018 at XXXX XXXX to be stopped and other processes taken up to ensure that we are provided fair opportunity to address the issues at hand.
We now believe both SLS and XXXX have abused our trust and the terms of the agreements we had with those organizations and we are in danger of losing our home.
Company Response: Closed with explanation
2018-02-28
Alta, CA
Complaint: XXXX XXXX sold my mortgage to Specialized Loan Services and notified me by mail, received on XX/XX/XXXX. My first payment to SLS is due XX/XX/XXXX. I have still not received any correspondence from SLS. I called SLS in XX/XX/XXXX and SLS rep gave me my new loan number and they were unable to provide any other info stating that the loan is in a boarding process.
I tried calling them twice in the past week and today and unable to speak to anyone. Today, I was able to access my account online with SLS. I see that my escrow shows a balance but states non tax escrow account. They only show my homeowners policy info. I had escrow impound with XXXX XXXX for property tax and HO insurance. It appears that SLS received rollover of my escrow balance approximately $ 3,4xx. This amount should cover for my property tax as well. My next prop tax is due soon. Please help. There are many other customers going through this issue. We should not be treated like this and there seems to be no corporate responsibility on the part of SLS. You can reach me at XXXX. Thank you.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-02-28
IN
Account status incorrect
Complaint: In the beginning of XX/XX/XXXX - sometime around XX/XX/XXXX - Specialized Loan Servicing ( SLS ) of XXXX XXXX, CO advised me in writing that I was delinquent in payments for the mortgage I have on rental property ( formerly a personal residence ). The mortgage with SLS ( which was purchased by SLS from another company ) is for P & I only. I do not recall when my husband and I originally closed on this mortgage, but I believe it was somewhere around XX/XX/XXXX or XX/XX/XXXX. SLS is attempting to collect monies for an escrow to pay property taxes and insurance. I have always paid my mortgage payments on time, and for the past several years, the payment has been made prior to the due date.
In XX/XX/XXXX, SLS would repeatedly call me when I was at work wanting to collect funds from me to bring the account current, even though I told them I did not owe the debt. I had to request they cease communicating with me by phone because I was getting called multiple times per day/per week from their employees. After that request, everything was done in writing.
I have always paid my own property insurance and property taxes. Proof of payment has been provided to them via my attorney. However SLS continues to pursue and has been reporting to various consumer reporting agencies that I am delinquent in the payment of my mortgage which has negatively impacted my credit score. SLS has repeatedly failed to provide documentation that proves I owe them monies for an escrow account, has failed to provide information as to the specific paragraph in the original mortgage that states I owe monies for an escrow account.
Unable to resolve the situation on my own, I retained an attorney in XX/XX/XXXX to settle this matter with SLS, but SLS was refusing to speak with the attorney. I then retained a different attorney in XXXX of XXXX. My current attorney has made repeated requests to SLS to remove this reporting from consumer reporting agencies, but SLS failed to do so, and her requests for proof of the debt have gone unanswered.
SLS recently sold the mortgage to another company, and I am concerned that this new company will also be reporting a debt, that I believe, is not owed. I would like SLS to remove all reporting of this debt from my credit report until such time it is proven that I do in fact owe the debt. I have no problem paying my debts - I have a problem with false reporting.
I am hoping that you can do something to get SLS to stop reporting an unproven debt to the various consumer reporting agencies. I continue to receive monthly statements from SLS that shows a past due balance ; SLS continues to apply my P & I payments to an escrow account then applies the remaining balance to my P & I.
Communication I received from my attorney on XX/XX/XXXX indicating, per SLS : " They said that as of today ( XX/XX/XXXX ) that there is a balance due to them in the sum of {$830.00}. They say that {$83.00} of that amount is for late fees. The remaining funds reflect payments due in XX/XX/XXXX and XX/XX/XXXX.
They acknowledge that they have received the sum of {$170.00} that has not been applied yet. I instructed them that they need to apply that all to the principal and apply that as of the date that they received it. '' Lastly, SLS is now sending communications of the debt to my husband 's place of employment, rather than to our home address.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation
2018-02-28
Charlotte, NC
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation