Consumer complaint received 2024-01-19
Company: SELECT PORTFOLIO SERVICING, INC.
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure

Complaint:
Select Portfolio Servicing XXXX XXXX ( Mortgage Servicer ) and XXXX XXXX XXXX ( Attorney ) is using fraudulent and deceptive practices to collect an erroneous mortgage debt that they claim is owed to XXXX XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ASSET BACKED XXXX CERTIFICATES. Collectively, they used fraud, forgery and scams to try and rip my family home from my XXXX son and I, so they can profit from the equity that I put my blood sweat and tears to build for my family. They are specifically targeting me as a woman of XXXX who was in a very vulnerable position after the passing of my mother. 

My mother, XXXX XXXX was diagnosed with XXXX XXXX and sadly succumbed to the XXXX on XX/XX/XXXX. Her primary residence was XXXX XXXX XXXX, XXXX XXXX NY XXXX. I was informed there was a defaulted mortgage on the property towards the end of XXXX and immediately reached out to the above-mentioned parties and informed them that I was obtaining Letters of Administration for my mothers estate and advised them that I was seeking to keep the family home that had been passed down through generations. Once I obtained the Letters of Administrator for my mother 's estate, I tried to get clarity on the debt and for XXXX years I have received abusive, unfair, and discriminatory treatment. They put up a faade to make it look like they were offering me home remediation options yet they consistently denied every application/attempt to resolve, that I submitted to assume the mortgage, with no just cause. Now, after thorough investigation, I have discovered that I am a victim of deed theft. 

I am filing a formal complaint due to Select Portfolio Servicings egregious attempts to cover-up the gaps in title by filing fraudulent assignments with the XXXX XXXXXXXX XXXX XXXX XXXX to try and create legal standing. They have threatened to foreclose on my family home and maliciously have done everything to make it impossible for me to stay in the home. 

My mother signed the original mortgage note with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  was a subprime lender who was shut down by federal regulators for fraud in XXXX. In XXXX, XXXX XXXX filed for bankruptcy and was liquidated in XX/XX/XXXX. Their mortgage billing and collections unit was subsequently sold to XXXX XXXX XXXX, XXXX. There is no mention of the new entity anywhere on the title history. 

After paying for a title search for the property throughXXXX XXXX XXXX XXXX XXXX, to get the full mortgage/title history. The original mortgage note was allegedly assigned from XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX. The title further documents other gap and corrective assignments filed from XXXX XXXX XXXX by Select Portfolio Servicing in XXXX. XXXX XXXX lacked the authority to transfer the Deed of Trust, because its assets were transferred to the bankruptcy trustee in XXXX, and the investment trust was closed in XXXX, therefore any assignments from XXXX XXXX XXXX XXXX to this creditor or any other after XXXX are ineffective. 

There must be a clear, unambiguous record of ownership from the time my mother signed the mortgage papers at closing in XXXX to the present moment. Any lapse in the chain of title causes a defect in the instrument, making it invalid. The chain of title for XXXX XXXX XXXX, XXXX XXXX NY XXXX is severely broken due to major errors in conveyancing. 

It is important to note that in XXXX XXXX XXXX first attempt to foreclose on this property which was disposed in XXXX ( See Index Number XXXX ) they clearly admitted that the original note holder XXXX XXXX XXXX XXXX is no longer in business, so it was not possible to obtain an assignment of mortgage ( see Exhibit XXXX ), yet miraculously Select Portfolio Servicing on behalf of XXXX XXXX XXXX XXXX XXXX XXXX gaps in XXXX ( see Title-Mortgage History attachment ). Fraud! 

Additionally I just received a letter from XXXX XXXX XXXX seeking to collect this debt on behalf of XXXX XXXX and misrepresenting the nature of the debt, including the amount owed ( please see XXXX XXXX XXXX Letter ).

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