Product: Mortgage

This is a complaint against Selene Finance LP. 
After a series of events including ( falsely ) reporting me as delinquent to XXXX on XX/XX/XXXX, I submitted my Qualified Written Request ( QWR ) dated XX/XX/XXXX to Selene Finance. Page 1 of my QWR dated XX/XX/XXXX equally questions why Selene reported my account as delinquent to XXXX on XX/XX/XXXX? Selene Finance did not address this unresolved issue but 9 ( nine ) months later included this unresolved issue on page 1 of its XX/XX/XXXX letter under Summary of Additional Complaint whereas the issue of false reporting to XXXX has been brought up by me in my original QWR dated XX/XX/XXXX over 9 months ago. ( Attached QWR dated XX/XX/XXXX ). 

In its XX/XX/XXXX letter ( after I sent my sixth ( 6th ) qualified written request dated XX/XX/XXXX to Selene via certified mail ), Selene falsely labels the issue of false reporting to XXXX presented on XX/XX/XXXX as Additional Complaint as Selene labels my QWRs inclusive of my 6th QWR as either addressed in the above referenced previous responses or indicated as proprietary, overly burdensome and duplicative. ( Attached ) In its original response to my QWR dated XX/XX/XXXX, Selene Finance response was a 2 ( two ) page letter dated XX/XX/XXXX along with a Proof of Claim in the amount of {$200000.00} filed in XXXX XXXX  bankruptcy case. Notably, this Proof of Claim for {$200000.00} was rejected and did NOT appear under the final bankruptcy trustee report ( attached ). 

Under the final trustee report Selene Finance LP was solely entitled to {$1300.00}. Yet, Selene Finance claims that its XX/XX/XXXX response to my QWR was sufficient with its proof of claim for {$200000.00} which was rejected and did not appear under the final XXXX XXXX bankruptcy trustee report ( attached ). 

My Second Qualified Written Request was served on Selene Finance LP on XX/XX/XXXX and via certified mail. Instead of providing an answer, Selene Finance LP transferred servicing rights to XXXX XXXX aka XXXX XXXX as dba for XXXX XXXX XXXX as evident from XXXX XXXX aka XXXX XXXX as dba for XXXX XXXX XXXX initial communication to me in the form of Annual Escrow Account Disclosure Statement ( thereafter escrow analysis or Letter ) dated XX/XX/XXXX which I equally objected to and for the reasons stated in my subsequent QWRs inclusive of this 7th Qualified Written Request.

In my multiple QWRs I detail multiple issues with the documents, billing, the incorrect reporting of the escrow account balance due to miscalculation of the amounts due which caused SeleneXXXX to demand substantially more each month than was allowed under RESPA. I have a reason to believe that their miscalculation of monthly escrow payments also overstated my monthly installment and corresponding arrears if any. In my QWRs, I describe the use of " creative '' computational techniques that artificially inflate the amounts needed to pay escrow bills ( which is violative of RESPA ). 

In its letter dated XX/XX/XXXX Selene Finance refuses to respond to my XXXX QWR because issues were either addressed in the above referenced previous responses or indicated as proprietary, overly burdensome and duplicative. Selene Finance never disclosed specifically what question in any of my previously sent QWRs Selene Finance considers proprietary, overly burdensome and duplicative. Selene Finance simply refused to send an acknowledgment letter to my 6th QWR and refused to respond to my 6th QWR. Selene Finance further claims that it reported the account current since XXXX of XXXX and requests legible copies of documentation whereas I also provided a legible copy ( also part of public records ) of Selene Finance LP report to XXXX along with my 6th QWR that says : Credit Alert Delinquent Account Reported by Selene Finance LP Reported on XX/XX/XXXX XXXXwhich also shows that Selene Finance falsely reported me to Transunion as delinquent. 

In its letter dated XX/XX/XXXX, Selene Finance, through its counsel XXXX XXXX, state on page 1 : Selene received the third QWR dated XX/XX/XXXX on XX/XX/XXXX. Selene responded to the third QWR on XX/XX/XXXX. However, on XX/XX/XXXX which is four days after XX/XX/XXXX, Selene, through its counsel XXXX XXXX, stated in its letter dated XX/XX/XXXX ( attached ) that Selene is in process of responding to the third QWR. 

Similarly, in its letter dated XX/XX/XXXX, Selene Finance, through its counsel XXXX XXXX, state on page 1 : Selene received the fourth QWR dated XX/XX/XXXX on XX/XX/XXXX. Selene responded to the fourth QWR on XX/XX/XXXX. However, on XX/XX/XXXX which is four days after XX/XX/XXXX, Selene, through its counsel XXXX XXXX, stated in its letter dated XX/XX/XXXX that Selene is in process of responding to the fourth QWR. ( Attached ).

Why does Selene state in its XX/XX/XXXX letter that it purportedly responded to both my third and fourth QWR on XX/XX/XXXX whereas Selene confirmed four days later on XX/XX/XXXX that it was in process of responding to the third and fourth QWR. All QWRs are attached hereto, exact copies of which have been contemporaneously sent to multiple consumer advocates and are part of public records. A simple look at newly produced responses as attached to Selenes XX/XX/XXXX letter show that these responses have nothing to do with my Third and Fourth QWRs. ( Attached ). 

In fact, my Third QWR, USPS tracking # XXXX was received by Selene Finance on XX/XX/XXXX XXXXXXXX XXXX in accordance with USPS records. Selene claims it received it on XX/XX/XXXX which is contradictory to USPS records. 

My Fourth QWR, USPS tracking # XXXX was received by Selene Finance on XX/XX/XXXX XXXXXXXX XXXX in accordance with USPS records. Selene claims it received it on XX/XX/XXXX which is contradictory to USPS records. 

In its letter dated XX/XX/XXXX Selene Finance refuses to respond to my 6th QWR because issues were either addressed in the above referenced previous responses or indicated as proprietary, overly burdensome and duplicative. Selene Finance never disclosed specifically what question in any of my previously sent QWRs Selene Finance considers proprietary, overly burdensome and duplicative. Selene Finance further directed me to contact XXXX whereas XXXX, in its letter dated XX/XX/XXXX states that my 6th QWR has no legal validity and as such is in a form that is not reasonably understandable. And enclosed letter dated XX/XX/XXXX. We have validated the debt multiple times in our prior responses dated XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. These letters are enclosed for your reference with the enclosures omitted.. Notably, all four of these letters are generalized, boiler-plate responses which appear without enclosures.

I am equally investigating lender paid expenses of {$1700.00} that Selene charged me as there has never been any judicial decision by a judge regarding this expense. In my Sixth QWR, I requested and Selene refused to provide any such order signed by a judge that Selene relied on when Selene added any such unspecified lender paid expenses or legal fees to monthly statements in XXXX. In its XX/XX/XXXX6th letter, Selene refused to correct its accounting relating to lender paid expenses labeling them bk atty fees as Selene insists that I am somehow responsible for their attorney fees which, in itself, is violative of federal, state and local rules : Selene Finance assessed and billed legal fees and XXXX continues to bill lender placed expenses in the amount of {$1700.00} which included fees and costs that it was not entitled to under any note ( absent a court order ). By assessing all their bankruptcy attorney fees on a consumer like myself, Selene Finance and XXXX are engaged in activities which are not entirely lawful as they seek fees to which it is not entitled committing a prima facie violation of the Act, [ FDCPA ] even if there was no clear prior judicial statement that it was not entitled to collect the fees. '' The unauthenticated legal expenses presented by Selene Finance as expended in preparing XXXX XXXX bankruptcy related Proof of Claim in the amount of for {$200000.00} was rejected and DID NOT appear under the final bankruptcy trustee report ( attached ). 

Moreover, Selene Finance filed illegible, obscured and unreadable documents along with its Objection to XXXX XXXX Plan, had months to correct it, failed to correct it and ignored the court directive to provide legible versions of these documents through re-filing on record. Yet, Selene Finance assessed close to {$1700.00} in bankruptcy attorney fees for their objection to payment plan with obscured unreadable documents which were never corrected on record in violation of the court directive. The court did not allow any of these bankruptcy attorney fees to be assessed to me as these are unearned, unnecessary, excessive and should have never been billed to me in Selenes monthly statements and must be immediately corrected as Selene transferred this {$1700.00} charge to XXXX account XXXX. 

As stated in my Sixth QWR : Additionally, Selene received my Fifth Qualified Written Request on XX/XX/XXXX at XXXX, certified mail XXXX. Selene failed to acknowledge its receipt and did not respond to it. Selenes letter dated XX/XX/XXXX is silent on its receipt of my Fifth Qualified Written Request. In its XX/XX/XXXX letter Selene states that it purportedly received my fifth QWR ... on XX/XX/XXXX which again is contradictory to the USPS records that memorialized XX/XX/XXXX at XXXX as a received date. Selene further suggested it sent its acknowledgment letter on XX/XX/XXXX in its yet another violation of RESPA which mandates a Servicer to send an acknowledgment letter of a qualified written request ( QWR ) to be sent within 5 business days. Failure to timely acknowledge QWR necessitated additional mailing expenses on my part.

I demand that Selene responds to each and every question in my 7th Qualified Written Request ( attached ) as I continue to question the authority of the servicer to act as an agent for a party who is not corroborated as having ownership of an unpaid loan account, and it is the payments, interest, and balance due that are at stake. As of today, no corrective actions have been taken by Selene for any issues discussed above and my attached QWRs.