Consumer complaint received 2024-01-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: VA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I am XXXX XXXX, surviving spouse of the late XXXX XXXX ( XXXX XXXX ). On XX/XX/XXXX, my late husband executed a refinance promissory note as the sole obligor, in favor of XXXX XXXX XXXX XXXX ( XXXX ) as the lender. To secure said promise, my late husband and I both executed a deed of trust security instrument of even date of the foregoing note, and also in favor of XXXX. 

In XXXX, my husband died, at which time, XXXX was the party demanding monies towards the foregoing XXXXXXXX refinance mortgage loan. For the remainder of XXXX through XXXX, I continued forwarding monthly installments demanded by XXXX, despite the increase in payments due to an adjustable interest rate. 

In XXXX, after I requested a modification from XXXX, the latter informed me by letter dated XX/XX/XXXX and also addressed to United States XXXX XXXX XXXX, that XXXX was unable to provide the requested relief by stating : A review of this loan has found that you are not a co-signer on the Note for XXXX XXXX ' loan. Since you are not financially responsible for this loan, we are unable to consider you for a loan modification .... ( See Exhibit A ). 

Shortly after the foregoing communication, an employee from XXXX instructed me over the telephone to not forward at least XXXX installments towards the XXXXXXXX refinance mortgage loan in order for XXXX to consider me for a modification. After I complied with the foregoing instructions given to me my XXXX, the latter being foreclosure proceedings, which caused me to file a XXXX XXXXXXXX bankruptcy petition to stop the sale of my home. 

At some point in or shortly after I filed bankruptcy in XXXX, Select Portfolio Servicing ( SPS ) begin demanding monies towards the foregoing XXXXXXXX XXXX XXXX loan, and continued to threaten me with foreclosure of my home. Furthermore, SPS ( and/or its predecessor XXXX ) caused my signatures to be forged upon the following documents : 1. A modification dated in XXXX and attached hereto as Exhibit B, which is not recorded in the local land records ; which neither me nor my late husband signed ; and which was not needed nor requested by my late husband or myself because installments towards the XXXXXXXX refinance mortgage loan were being paid in full and on time. ; and 2. A promissory note wherein someone authored, lifted, and/or forged my name and signature on page four of four ( See Exhibit C ), because my late husband is the sole obligor that signed the XXXX note on XX/XX/XXXX. 

Furthermore, at some time on or after XXXX through XXXX, SPS begin to unlawfully traffic my social security number and other personal identifying information to : 1. report me to the credit bureaus as an obligor for the XXXX refinance mortgage loan when, from the inception of said transaction, my late husband was the sole obligor. ; and 2. unlawfully convert a loan modification designating me as the sole obligor when my late husband was the sole obligor for the underlying debt. ; Additionally, with installments that were demanded, received, and cashed towards the XXXX refinance mortgage loan and the unlawfully converted loan modification, SPS created an escrow account for property taxes and overcharged me when I received annual exemptions from the County due to my status as a XXXXXXXX XXXX XXXX 

Lastly, to present date, SPS continues to threaten me with the possibility of foreclosure, and does so by trafficking and relying upon forgeries, of which includes, a forged assignment instrument recorded in the local land records in the year XXXX ( See Exhibit D ), that is subject to the following consent judgments, cease and desist orders, and injunctions, and has yet to be rectified by SPS : 1. the XX/XX/XXXX, Final Judgment entered by the U.S. District Court for the District of Massachusetts in United States of America v. Fairbanks Capital Corp. , et al., ( Civil No. 03-12219 ), and modified on XX/XX/XXXX to include Select Portfolio Servicing Inc. ( formerly known as XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX ; 2. In the Matter of XXXX, XXXX, et al. ( XXXX XXXX. XXXX ; XXXX of Governors XXXX XXXX XXXX XXXX XXXX ; XXXX ; XXXX No. XXXX ; XXXX XXXX. XXXX ) ( entered XX/XX/XXXX ). ; 3. In the XXXX of XXXX XXXXXXXX XXXX XXXXXXXX. ( XXXX ) XXXX Entered on XX/XX/XXXX ), In the Matter of XXXX XXXXXXXX XXXX XXXX XXXX XXXX ( # XXXX, Amends XXXX ) ( Entered XXXX XX/XX/XXXX ) and In the Matter of XXXX XXXXXXXX XXXX XXXXXXXX XXXX ( # XXXX, Amends XXXX and # XXXX XXXX ( Entered on XX/XX/XXXX ). ; and XXXX the XX/XX/XXXX, consent judgment from the U.S. District Court for the District of Columbia in United States of America , et.al. v. Bank of America N.A., et.al, ( XXXX XXXX. XXXXXXXX XXXX ).

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