Product: Mortgage

Previous complaint closed without resolving missing payments. 
XXXX Escalation of CFPB Complaint Filed on XX/XX/XXXX and dispute of response dated XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA, XXXX XX/XX/XXXX Consumer Financial Protection Bureau ( CFPB ) Attn : Consumer Complaint Division Subject : Urgent Escalation of CFPB Complaint Filed on XX/XX/XXXX Selene Finance & XXXX XXXX  Unlawful Collection, Credit Reporting XXXX and Servicing Practices Complaint Reference Number : XXXX Loan Servicer ( s ) Involved : Selene Finance LP, XXXX Funding Property Address XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX Dear CFPB Representative, I am submitting this formal escalation regarding my XX/XX/XXXX complaint against Selene Finance and XXXX XXXX due to their failure to provide a complete chain of title, unlawful collection activity before having recorded ownership, and ongoing servicing violations. 

Selene Finance failed to supply the full chain of assignments proving a valid transfer of ownership. Their response included only select assignments, skipping transfers and failing to show an unbroken chain of custody. Given this, I am requesting an immediate debt validation investigation and regulatory enforcement action. 

1. Lack of Standing Failure to Provide Complete Chain of Title Selene Finance claims they became the servicer on XX/XX/XXXX, and that the loans current owner is XXXX XXXX. However, the assignment to XXXX was not recorded until XX/XX/XXXX. 

Selene failed to provide : A complete chain of assignments from XXXX to XXXX XXXX, including all intermediary transfers. 

Endorsed copies of the Note proving legal negotiation from one entity to the next. 

Custodial records demonstrating XXXX lawful acquisition of the debt. 

Without these documents, Selene has not proven their legal right to collect or report the debt prior to XX/XX/XXXX. 

2. Unlawful Collection and Credit Reporting Before XX/XX/XXXX ( FDCPA & FCRA Violations ) Despite lacking a properly recorded interest in the loan, Selene Finance : Sent collection notices and demanded payments from XX/XX/XXXX through XX/XX/XXXX. 

Reported my loan to credit bureaus, damaging my credit score before establishing ownership. 

Threatened foreclosure and modification deadlines without a recorded interest in the property.

Under FDCPA ( 15 U.S.C. 1692e, 1692f ), these actions are illegal. Additionally, under FCRA ( 15 U.S.C. 1681s-2 ), Selene may not report a debt without verifying legal ownership. I demand :
Immediate removal of all credit reporting from XX/XX/XXXX through XX/XX/XXXX. 

A full review of all collection actions taken before they had a recorded legal interest in the loan. 

XXXX. Failure to Investigate and Correct Payment History Errors ( RESPA Violations ) Selene Finance provided a partial, inaccurate payment history in response to my dispute. Key errors are not shown in the partial payment history that selene included in their response My XX/XX/XXXX payment was originally misapplied to escrow instead of my XX/XX/XXXX installment and then later corrected to XX/XX/XXXX creating a duplicate for XX/XX/XXXX. 

My XX/XX/XXXX payment was originally incorrectly credited to XX/XX/XXXX, and later credited to my XX/XX/XXXX installment to correct the duplicate credit to XX/XX/XXXX. 

My XX/XX/XXXX payment, originally credited to XX/XX/XXXX, was later removed without explanation. 

My XX/XX/XXXX payment was misapplied to XX/XX/XXXX instead of XX/XX/XXXX. 

My XX/XX/XXXX payment is still missing and was never credited to my XX/XX/XXXX installment. 

Selene Finance ignored previous disputes and failed to properly analyze prior servicer errors, violating 12 C.F.R. 1024.35 ( RESPAs error resolution process ). I demand : A full account reconciliation correcting all misapplied payments.

A review of all prior servicer responses to identify ongoing errors. 


XXXX. XXXX XXXX  Role in Servicing Failures Before Selene Finance took over, XXXX XXXX engaged in improper loan servicing, including : Failing to provide a Single Point of Contact ( SPOC ) despite over ten requests.

Requiring mortgage payments to be made to a XXXX XXXX account at XXXX XXXX  instead of my mortgage account, causing misapplied and missing payments. 

These actions contributed to long-standing uncorrected errors that Selene Finance has refused to investigate or correct. 

5. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX California XXXX Violations ) While responding to my dispute, Selene Finance simultaneously offered a loan modification that required payment within 10 days remaining out of the 14 days under foreclosure threat. This violates Californias Homeowner Bill of Rights ( HBOR, Cal. Civ. Code 2923.6 ).

They failed to provide alternative loss mitigation options or guidelines before offering a modification.

They did not correct two missing payments before calculating the modification terms.

Requested Regulatory Action Given these severe violations, I request that the CFPB take the following actions : 1. Demand full debt validation, including : A complete, unbroken chain of title from XXXX through XXXX XXXX, including all transfers. 

Endorsed copies of the Note showing lawful negotiation. 

Custodial records proving ownership transfers.

2. Order Selene Finance to : Cease collection activity until valid ownership is proven. 

Remove all credit reporting from XX/XX/XXXX through XX/XX/XXXX. 

Correct misapplied payments and provide a full reconciled payment history.

3. Refer violations to relevant agencies for enforcement, including : The OCC ( if any national banks were involved in ownership transfers ).

The FTC for FCRA and FDCPA vio
lations.

The California Attorney General for HBOR and debt collection violations. 

4. Investigate XXXX XXXX for its failure to : Properly apply payments.

Provide a Single Point of Contact ( SPOC ).

Allow direct payments to the mortgage account instead of a third-party bank account.

Conclusion Selene Finances failure to provide a valid chain of title, coupled with their improper collection and credit reporting activities, constitutes serious regulatory violations. Their refusal to correct known payment history errors further harms borrowers. 

I request that the CFPB escalate its investigation, demand full documentation, and take enforcement action against Selene Finance and XXXX XXXX for their misconduct. 

I am prepared to provide additional supporting documentation to demonstrate a pattern of unlawful servicing practices. Please confirm receipt of this escalation and provide an update on how my concerns will be addressed. 

Sincerely, XXXX XXXX XXXX You may contact XXXX XXXX at the following XXXX Or XXXX XXXX