Consumer complaint received 2019-10-06
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Closing on a mortgage

Complaint:
XXXX XXXX XXXX of the property since XXXX. Front porch or stairs pulling away from your home Bowed Walls upper level. Home address XXXX XXXX XXXX. XXXX XXXX Florida. Damaged roofing and blocked guttering. ceilings exposed to water damage and flooding.Cracking. ... Cracked roof tiles or damaged 'pointing ' ( the cement sealant along the roof joins. roof and ceilings exposed to water damage and flooding. ..caused the damage.gaps where the walls and floors meet. Uneven or bouncy floors. Nail pops, In addition, Breach of a duty or obligation imposed at law Damages Code of Regulations The Florida Law REAL AND PERSONAL PROPERTY CHAPTER 701. ASSIGNMENT AND CANCELLATION OF MORTGAGES. 701.01 Assignment. 701.02 Assignment not effectual against creditors unless recorded .Structural defects in a building, Defective work the workmanship, builder for poor quality of work and/or in the materials used wood when concrete was suppose to used or systems used on a project that results in a failure of a component part of a building or structure and caused to whole house to be damaged damage to property. Also I am owed a refund. Legally, one party 's failure to fulfill any of its contractual obligations is known as a " breach '' of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Contract cancelled, notes and instruments. That I never signed. Never authorized forged documents. Satisfactory filed to cancel these forged documents. 701.04 Cancellation of mortgages, liens, and judgments. Restitution I am owed as a result of the following faulty construction Landscaping and soil ; Faulty drainage ; Foundation, floor, :CANCELLATION OF MORTGAGES 701.041 A unjustifiable failure by one party to perform his terms of a ... failure, without legal excuse, to perform any promise that forms all or part of the contract.actual contract breach also occurs if a party performs his or her obligations but fails to comply with the contract 's terms. This kind of breach occurs when the guilty party breaches the contract 's essential conditions. Never had a contract with XXXX XX/XX/XXXX to transfer to A servicer. Your have filed this document on my credit file. If this false information physical condition that reduces the value of a structure or endangers the health or safety of its occupants, that is a result of a flaw in design, materials, or workmanship, and that is not the result of normal aging or wear and tear.responsibility will lay with the general contractors, developers, and the builders of residential structures even if the work was performed by subcontractors or if the defective materials used in construction continues. contract, a formal and agreed promise ... frame, does not meet the terms of the agreement, or damages against the builder in contract fails perform at all.party fails to fulfill his legal Their legal obligations. This includes failure to perform in a manner that did not build my home as agreed and Much damage has occurred as a unlicensed activity according to the blue print is Breach of Contract breach of contract is when the terms of an agreement between parties are broken by one parties., breach of contract demand letter identifies an individual or party that has failed to perform as specified under a previously agreed upon contract.AFFIDAVIT A specific performance breach of contract. The construction of the Home. 
Plaintiff complaint filed by XXXX XXXX the Court received testimony and evidence and heard argument. Plaintiff XXXX XXXX At the conclusion of the trial, the Court announced that XXXX XXXX XXXX XXXX, Incorporated, as listed was liable to. XXXX XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX individually for failing to construct the home in accordance with the contract and the applicable building codes. Conduct among other things, fraudulent documents were generated scheme detailed in this claim. In doing so the bank misrepresented and over stated the value of the property and understated the loan value ratio in the loan documents. This constitutes fraud in the inducement as a pattern of racketeering activity. Corrupt organization arising of a mortgage being conducted malfeasants in violation 18 U.S.C. FS 1962. Remedy rule relating to must respond with an answer. After receiving the complaint. I did not consent to be named as a party on my behalf estates imposed Other Documents. Negligently unprivileged publication to a third party ; there is a breach of contract and in publishing the communication. Failure to perform obligations, illegal, and failure protect confidential information confidentiality is important caused by another person can sue for emotional distress ... fault amounting to at least negligence ; and 4 ) damages, experienced significant anxiety or distress. A heavy burden upon concerning a controversy commissioning have been named by another Where servicer violations fraud error in  mortgage loan or a modification scheme Complaints : Solutions from revolves around a purposeful misrepresentation of fact loan stacking mortgage fraud as any " misstatement, misrepresentation, or omission in relation to a mortgage loan which is then relied upon by a lender. '' Mortgage fraud. Dispute the errors with the credit bureaus. ... Including but not limited to Stolen Identity arising out of use of the Internet. A Stolen Identity include the theft or unauthorized or illegal use of business name, d/b/a method of identifying business activity. Further, notifying major credit bureaus, the Federal Trade Commission mortgage fraud includes fraud by false representation evidence of false documentation and fraud by failing to disclose information. The mortgage fraud victims fraud prohibited the state is a defense requires at least a copy of the contract you signed with the original company to enforcement of the contract.XX/XX/XXXX XXXXXX/XX/XXXX Actions Based phishing counterfeit documents, Split The created forged Actions Based on Breach of Contract promissory notes and scheme copy of the forged note breached contract has exposed my personal financial information. victim of data breach, mortgage fraud still happens. Mortgage loan account has been breached the misrepresentation ( s ), misstatement ( s ) and/or omission ( s ) of material fact that were made ; XX/XX/XXXX. XXXX XXXX address is XXXX XXXX XXXX, XXXX, VA XXXX XX/XX/XXXX XX/XX/XXXXe XXXX XXXX, whose address is XXXX XXXX XXXX, XXXX XXXX, FL XXXX to and in favor of XXXX XX/XX/XXXX XXXX XXXX following described property situated in of Florida upon the XXXX XXXX, XXXX Florida such Mortgage having been given to secure payment of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dollars and XXXX ( {$120000.00} ( Include the Original Principal Amount ) which Mortgage is of record in Book , County, State of Florida. Created forged Instruments and together with the note ( s ) under such Mortgage an obligation therein described and the money due and to become due thereon in favor of XXXX XXXX XXXX XXXX XXXX 
MIN : XXXX -3 MERS Phone XXXX MERS Multistate   Assignment of Mortgage XXXX ; XXXX ( XXXX XXXX XXXX XX/XX/XXXX 2M3 Page 1 of 2 VMP MORTGAGE FORMS - ( XXXX ) XXXX Mortgage fraud Create a Fraud File Unauthorized illegal use of my business name, Credit information fraudsters illegally faked an Identity Theft, Mortgage fraud, identity theft, the mortgage account number, mortgage fraud reported data breach, mortgage fraud, this victim of data breach information may have ... working with third-party. contract, which termination could result in Related Third Party. Any sort of " material misstatement,  misrepresentation, or omission relating to the property. Misstatement, Misrepresentation deliberate misrepresentation and deception : deceptive practices including predatory ... Various deceptive and fraudulent practices by mortgage lenders, ... by misrepresenting information, XXXX contends he is not personally liable for any damages XXXX XXXX engaged in unfair and deceptive trade practices, or any other type Court has disposed of that motion by Any person injured in his business or property by reason of a violation of section XXXX of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been  actionable as fraud in the purchase or ... 18 U.S.C. XXXX - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure XXXX separate order. 
of fraudulent behavior. ORDERED AND ADJUDGED that Plaintiff XXXX XXXX shall recover from Defendant XXXX XXXX XXXX XXXX XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annum. DONE AND ORDERED at XXXX XXXX, XXXX XXXX, Florida, this XXXX day of XX/XX/XXXX. 
suffered by Plaintiff. He argues that any liability lies with the corporation. Plaintiff argues that XXXX XXXX is individually liable because he personally performed some of the work on the house. As a general principal, a corporate officer or employee may be not held personally liable for acts of the corporation, absent evidence of wrongdoing, such as fraud. lenders which contained false statements. The sums obtained by the appellants ... I Placed a fraud alert and freeze on credit report File a police report. The first thing you should do is file a police report with local police department. Identity theft, property title theft identity theft until a mortgage originator pulls credit score in preparation for a home loan, Loan Fraud mortgage fraud identity theft, the victims are unaware scams A Stolen Identity Event is the theft or your personal identification, social security number, or other method of identifying result in the wrongful use of such information, Stolen Identity use this information unauthorized transactions on my Credit card fraud is the unauthorized use of a credit Request that the fraudulent accounts be removed from my credit file.. fraudulent charges Satisfaction of Mortgage required to release the lien and obtain the title. Use the Satisfaction of Mortgage document property through a private loan agreement that is now paid in full. The mortgage lien release, a document also known as the 'satisfaction of mortgage ', is a document that is acquired from, and to recover damages from signed by a mortgage lender. This document is an acknowledgement, that states, that the XXXX previous ) borrower has completed a payment agreement and therefore the mortgage is recognized by all. Advise the lender that I have yet to receive its " release of lien '' document. Note you have written proof of payoff of the mortgage, including your mortgage loan note marked " Paid. '' The mortgage lien release, if the other party hadnt breached the contract. A document the satisfaction of mortgage, is a document that is acquired from, and signed by a mortgage lender. This document is an acknowledgement, that states, that the ( previous ) borrower has completed a payment agreement and therefore the mortgage is recognized by all parties as paid in full. Once the satisfaction document has been filed and updated with the land registry or county registry, a clear title shall be returned to the land owner A Satisfaction of Mortgage, also known as a Mortgage Lien Release, the mortgagee ( financial institution ) advising that the mortgage has been paid in full, all terms of the loan have been satisfied and there will no longer be a lien on the property. This means the borrower has completely repaid their loan to the lender as agreed upon ( inclusive of late fees or other required payments by the lender ). Legal remedies for breach of contract. For example, a person may be entitled to monetary compensation if the other party fails to live up to the terms of the contract. The Payee Name false representation of a start to consider the possible remedies The Owner ( s ) never signed by the property Owner never signed Loan obligation under the agreement. 
XXXX XXXX  XXXX XXXX of Virginia said to be the mortgage holder of Loan Total amount of mortgage Mortgage date of execution Full and legal description of the property to include tax parcel number Acknowledgement that all payments have been made in full Acknowledgement releasing the lender from filing a lien against the property. fails to do something they agreed to do, for any type of personal loan within three days of making the contract. Remedies can be awarded. Indeed, under Florida law, Date signed and signature of all appropriate parties. Breach of Contract, contracts may be cancelled within a three-day period. ... Federal law says you can cancel a contract. Recorded with the local County Recorders Office or Land Registry. Once the Satisfaction of Mortgage is filed the lien is lifted. parties involved in a contract failed to follow or do their duties and responsibilities that are related to the contract. Breach of Contract : Remedies The remedies for breach of contract include the following : money damages, restitution, rescission, reformation, and specific performance. position he or she would have been in if the other party hadnt breached the contract. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. XXXX XXXX contracted with XXXX XXXX XXXX XXXX XXXX, for the ( c ) Any person injured in his business or property by reason of a violation of section XXXX of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section XXXX. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final. 
construction of a house. Defendant XXXX XXXX was the president of the corporation and signed the contract on behalf of the corporation. XXXX personally, performed some of the construction work himself. Since completion of Plaintiff 's house, the corporation has been dissolved. Plaintiff has sued the corporation and XXXX XXXX individually for failing to construct the home in breach of contract occurs, then the injured party may be offered a remedy in the form of legal remedies, or money damages, equitable remedies, or restitution by the Florida courts. ... They may include a specific performance requirement, performance breach of contract. accordance with the contract and the applicable building codes. ORDERED AND ADJUDGED that Plaintiff XXXX XXXX shall recover from Defendant XXXX XXXX XXXX XXXX XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annual. DONE AND ORDERED at XXXX XXXX, XXXX XXXX, Florida, this XXXX day of XX/XX/XXXX. Instrument # XXXX # XXXX XX/XX/XXXX. XXXX XXXX to repair our credit.. There is about {$200000.00} worth of damage to the home. I am due a refund and the home was built by unlicensed contractors. The structural damage i am entitled to refund. Contract is also broken to transfer to a third party.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation