Consumer complaint received 2018-09-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XX/XX/XXXX Certified Mail No : XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  XXXX, IA XXXX XXXX XXXX, GA XXXX Select Portfolio Servicing, Inc XXXX. XXXX XXXX XXXX XXXX XXXX, UT XXXX Office of the Comptroller of the Currency Securities and Exchange Commissions Customer Assistance Group Office of the Whistleblower XXXX XXXX XXXX, XXXX  XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX, TX XXXX Washington, DC XXXX XXXX : NOTICE OF VALIDATION OF ALLEGED DEBT Your File : XXXX Loan No : XXXX Borrower Name : XXXX XXXX XXXX Property Address : XXXX XXXX XXXX, XXXX, GA XXXX Dear Sir, I have enclosed a copy of the letter that I sent to your firm dated XX/XX/XXXX. I have also have on file the Affidavit of Notice of Default that I sent your company in XXXX and several letters that are associated with your failure of verifying the alleged debt. 
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As of yet, neither you nor your firm have fully complied with my request. 

Under the Fair Debt Collections Practices Act, it mandates in FDCPA section 809 ( b ), 15 USC 1692g, if the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is  disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall CEASE AND DESIST collection of the debt, or any disputed portion thereof, UNTIL the debt collector obtains VALIDATION OF THE DEBT. 

In XXXX vs. XXXX, the collector can not get a judgment until the debt is validated. 

This letter is being sent to you in response to a Notice of Accerleration and  Foreclosure dated XX/XX/XXXX. Please be advised that, pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g sec. 809 ( b ) that your claim IS DISPUTED and VALIDATION is requested. 

This letter requests VALIDATION of the alleged debt accompanied by an Affidavit from the Alleged Lender. 

Please provide the following : 1. Copy of the original alleged note accompanied by an AFFIDAVIT from the alleged Lender 2. Identify to what the alleged debt pertains.

3. Provide details how the alleged debt was calculated. 
( XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX, XXXX, XXXX XXXX XXXX, XX/XX/XXXX. 
4. Provide Regulation Z, and Notice of Right to Cancel ( Truth in Lending Act ) 5.  Provide copies of any papers that show that I agreed to pay the alleged debt. 
6. Identify the original creditor. 
7. Provide the agreement between the creditor and your firm which authorizes you to collect funds ( without a contract, your firm has no right to foreclose ).

8. Provide evidence that the Statute of Limitations has not expired on this account.

9. Provide evidence that you are licensed to collect in my state.

10. Provide the legal address of the alleged owner of the note 11. Please provide positive and affirmative proof of claim that the alleged loan promissory note and the deed of trust were transferred into to the REMIC at closing and acquired by real estate investment trust pursuant to Title 26 U.S.C. 856 ( e ) ( 1 ) to whom you alleged is the foreclosing entity. 

Once I receive the requested information, I will require at least thirty ( 30 ) days to  investigate this information. During such time, all collection activity must CEASE and DESIST. 

If your offices have reported unvalidated information to any of the three ( 3 ) major  Credit Bureaus ( XXXX, XXXX, or XXXX  ), this action might constitute fraud under both Federal and State Laws. If negative reporting is found on any of my credit reports by your company or the company that you represent, I will bring legal action against you, pursuant to the Fair Credit Reporting Act. 

Also during this VALIDATION period, if ANY action is taken which could be considered detrimental, including negative reporting to credit bureaus which could be inaccurate or invalid, I will pursue legal action. 

If your offices fail to respond to this VALIDATION REQUEST within 30 days from the date of XX/XX/XXXX, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

I also request that your office make no telephone calls to my home or place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have to pursue legal action. All future communications must be done in writing and sent to the address noted in this letter by USPS or certified mail. 

This is an attempt to validate the alleged debt and to correct records, and information obtained will be used for that purpose. 

If foreclosure proceedings are not stopped before XX/XX/XXXX, I will send letters directly to Federal Trade Commission, the U.S. Attorney General Consumer Protection Office, Department of Housing and Urban Development ( file under RESPA regulations ), FDIC, Department of Banking and Finance and the Georgia Bar Association ( for disregarding and failing to comply with Federal Code ).

The Fair Debt Collection Practices Act, Section 15 809, gives everyone who may have a loan certain consumer rights, whether or not the loan servicing has transferred. The FDCPA is intended for any DEBT COLLECTOR including MORTGAGES. If a borrower sends a VALIDATION OF DEBT letter to the present loan servicer, other alleged lender, or entity or company attempting to collect, all requested documentation must be provided to the borrower within 30 days of receipt of the request. During this 30 day period, the Lender or Servicer or Collector must suspend any and all collection activity ( including FORECLOSURE OF THE PROPERTY ) until the debt has been legally validated and VALIDATION has been received. 

If any debt collector fails to comply with the validation of debt notice the borrower is entitled to an award of actual damages, statutory damages up to {$1000.00} ( per count ), cost and attorneys fees. 15 U.S.C. Sec. 1692k ( a ). Class action relief is also available. 15 U.S.C. Sec 1692k ( a ) ( B ). 

Any debt collector who violates any provision of the FDCPA has a potential liability for the actual damages. A single violation is more than sufficient to support judgment for the borrower/consumer. See : XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX XXXX XXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX XXXX XXXX ). There can be actual damages which includes emotional stress, embarrassment, and humiliation caused by improper activities and conduct during their debt collection activities. The FDCPA allows recovery of Statutory damages limited to 1 % of the debt collector 's net worth or {$500000.00}, whichever is less. 

In summary, please respond to this request for VALIDATION of the Alleged Debt with an AFFIDAVIT and please provide answers to the ( 11 ) items addressed above. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX

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