Consumer complaint received 2020-03-26
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am in receipt of a copy of complaint filed with the Consumer Financial Protection Bureau dated XX/XX/XXXX, File Number XXXX, filed by a co-owner of the property, for attempting to steal a property through possible auction rigging, without a proper due process, depriving ones right to cure / opportunity to cure, despite a TILA rescission made within a statutes of limitation, and a tender of payment made in full. I wholeheartedly concur with the complaint filed. I hereby file my own independent complaint against Select Portfolio Servicing , Inc., by stating the following undisputed facts. 

1 ) TILA Rescission : I, along with the co-owner rescinded the original contract with the original lender/servicer in XXXX. I have never agreed to enter into any contract or agreement with Select Portfolio Servicing , Inc. or its principal/agent. By Certified mail, Select Portfolio Servicing , Inc. is in receipt of the copies of the NOTICE OF RESCISSION dated XX/XX/XXXX, and UNITED STATES DISTRICT COURT XXXX  DISTRICT OF CALIFORNIA  CIVIL MINUTES -- GENERAL whereby the Court did take Judicial Notice of the notice of rescission to XXXX  XXXX, the original lender and servicer of the loan, and stating the fact that The bank apparently did not respond to this notice. It is uncontroverted, un-refuted, un-rebutted and undisputed : the signature is rescinded, has been rescinded since 2009 per TILA 15 USC 1635therefore, any security interest given by the obligor, including any such interest arising by operation of law, becomes void. 15 USC 1635 ( b ). When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void 12 CFR 1026.23 ( d ) ( 1 ). Courts have also noted that a successful rescission under TILA voids the creditors security interestSee, e.g. Paatalo v. JPMorgan Chase Bank, 146 F. Supp. 3d 1239, 1243 ( D. Or. 2015 ) The resolution of this claim would thus affect the creditors order of priority in the bankruptcy action. Select Portfolio Servicing, Inc., or its principal/agent has gone silent upon receiving this information, but the fact remains that the Select Portfolio Servicing , Inc. cant foreclose using a voided security instrument, as the Judicial Notice states. 

2 ) Select Portfolio Servicing , Inc. stated that they will foreclose the property on XX/XX/XXXX. Under duress, I filed for Bankruptcy on XX/XX/XXXX, and gave the Notice of Bankruptcy Case Filing to the designated auction company, XXXX. As the result, the auction did not take place on the scheduled day/time/place by this auction company, the bidders were informed accordingly, and I received a cancelled confirmation from the auction company. Unless there was an AUCTION RIGGING that took place AFTER the scheduled auction, a foreclosure sale did not take place on the date/time/place of public announcement. 

3 ) Select Portfolio Servicing, Inc. claimed they represent a new owner of the deed of trust and the note, and demanded a payment in full, or they will foreclose. I was not given a right to cure / opportunity to cure by Select Portfolio Servicing , Inc . I have never been presented with a proof of Chain of Title or Chain of Custody of the original Promissory Note and Deed, and their ownership. With a support from my family, I exercised my right to cure / opportunity to cure and arranged for and tendered offer to pay in full not partial but for FULL PERFORMANCE, ending in a XXXX ( XXXX ) ending balance. Select Portfolio Servicing , Inc. asked for payment and received the tender of payment in full per Cal. Civ. Code 1487 by Certified mail to an address instructed by SPS, Attention : Remittance Processing. SPS signed for it and retained it. The Bank Note was not found wanting. 

4 ) Today, I began receiving calls on my mobile phone and home phone, enormous numbers of text messages on my mobile phone, and email from a real estate broker, XXXX XXXX XXXX XXXX, who claims he represents Select Portfolio Servicing , Inc., who foreclosed my property, urging me to relocate ; stating that the Select Portfolio Servicing , Inc. hired a law firm XXXX XXXX XXXX who are aware that many members of the family live there. I have never consented to give or sell my personal information to any 3rd parties. Did Select Portfolio Servicing, Inc., give or sell my personal information, such as my mobile number, home number, and email number to a 3rd party without my consent? Did Select Portfolio Servicing, Inc., hire someone to harass or invade our family or residents privacy? I did not and do not give such consent. 

5 ) What authority did Select Portfolio Servicing , Inc., have to foreclose my property 1 ) using knowingly void security instrument, 2 ) despite the knowledge of bankruptcy filing and cancellation of auction on the scheduled date/time/place, and 3 ) after exercising my right to cure / opportunity to cure by tendering an offer of payment in full? What authority did Select Portfolio Servicing , Inc., have to give or sell my personal information to 3rd parties without my consent? There is no evidence showing Select Portfolio Servicing , Inc. has or had any authority to conduct acts listed above. Therefore, I believe they have committed crimes. 

It is my understanding that the Consumer Financial Protection Bureau was established to protect consumer from crimes against consumers, and I expect the protection in action. Thank you.

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