Consumer complaint received 2019-01-02
Company: SELECT PORTFOLIO SERVICING, INC.
State: OK
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX To Whom It May Concern : 1 ) On XX/XX/XXXX, I returned home from XXXX vacation at my parents for a week and a half to two letters both dated XX/XX/XXXX, one from Select Portfolio Servicing ( SPS ) and the other from the law firm XXXX XXXX XXXX XXXX XXXX stating that Select Portfolio Servicing has begun foreclosure action against me. I have several issues with this claim. It is clear that I am a victim of subprime mortgage practices and continue to pay for this. I have fought numerous times to save my home and am getting fed up. The housing market crashed in XX/XX/XXXX-XX/XX/XXXX when I bought my home, and given the current state of the market and the economy it appears again that the home owners will suffer again due to companies getting away with their crimes, as they try and back out of their mistakes to save themselves money as us homeowners lose their homes and lose more money to fight such practices. They yet again applied illegal fees that they continue to get punished for, but nothing happens. I even have proof of them charging me XXXX fees for them to overnight paperwork to me in XX/XX/XXXX and XX/XX/XXXX. 
We all know XXXX closed due to their illegal practices and fraudulent mortgages which I believe I am a victim of. We also know that in XX/XX/XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX agreed to pay {$40.00} XXXX to settle with the FTC and the U.S. Department of Housing and Urban Development ( HUD ), which charged them with engaging in a number of unfair, deceptive, and illegal practices in the servicing of subprime mortgage loans. The Commission distributed the {$40.00} XXXX as redress to affected consumers. The settlement also imposed a number of specific limitations on XXXX ability to charge fees and engage in certain practices when servicing mortgage loans. In early XX/XX/XXXX, XXXX changed its name to Select Portfolio Servicing , Inc. and XXXX XXXX XXXX, but continue the same practices. Before the new servicer took over, I only owed for XXXX and XXXX. I previously made a {$200.00} payment and then was told that it would not be applied until full payment was received. Another way for them to charge fees. Select Portfolio Servicing may want to foreclose, but the following information my halt that issue. 
UNITED STATES DISTRICT COURT XXXX DISTRICT OF NEW YORK FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff, -against XXXX XXXX XXXX ( XXXX ), XXXX , XXXX XXXX ( XXXX ), XXXX , XXXX XXXX XXXX ( XXXX ) XXXX, XXXX MORTGAGE 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 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 , and XXXX XXXX , Defendantsthis proves that I was victim of predatory lending and unfair practices, and all these companies are doing is trying to gain as much money along the ride. I have repeatedly asked SPS where my money was going monthly, if they are only the servicer with the answer of we cant release that information over the phone. Or they would say it is going to XXXX XXXX XXXX XXXX, who yet again shows no interest in my loan, so they arent getting the money. If I had the ability to pay off my mortgage today, who would get the funds? Who would say my title is clear? Who is to say it is paid in full? Select Portfolio Servicing applies services fees, because the money they receive for the servicing services are not enough, so they tack on these additional fees. When they continue to say that XXXX XXXX XXXX XXXX is the holder, on XX/XX/XXXX I had a representative of XXXX XXXX  on the phone w/ myself and SPS to verify that they have no interest in my loan, and that they are not the holder of my loan. XXXX XXXX XXXX XXXX is also an authorized third party on my account to verify this information. They have even provided a written letter stating that they are not the holder and have no interest in my loan. They do not even know who I am. My guess is it is not XXXX XXXX, but maybe XXXX XXXX XXXX due to this particular complaint ( see attached ). 
XXXX XXXX provided loan-level information to the rating agencies that they relied upon in order to calculate the Certificates assigned ratings, including the borrowers LTV ratio, debt-to-income ratio, owner occupancy status, and other loan-level information described in aggregation reports in the XXXX XXXX. Because the information that XXXX XXXX provided was false, the ratings were inflated and the level of subordination that the rating agencies required for the sale of AAA ( or its equivalent ) certificates was inadequate to provide investors with the level of protection that those ratings signified. As a result, the XXXX paid Defendants inflated prices for purported XXXX  ( or its equivalent ) Certificates, unaware that those Certificates actually carried a severe risk of loss and carried inadequate credit enhancement. XXXX. Since the issuance of the Certificates, the ratings agencies have dramatically downgraded their ratings to reflect the revelations regarding the true underwriting practices used XXXX to originate the mortgage loans, and the true value and credit quality of the mortgage loans. My loan is the interest of XXXX XXXX not XXXX XXXX XXXX XXXX. XXXX XXXX and XXXX XXXX and the US Government may have a say in it as well. So is my assignment that was filed on XX/XX/XXXX fraudulent? 


2 ) On XX/XX/XXXX I received a letter from XXXX that my loan will be serviced by XXXX effective XX/XX/XXXX, and that I should send payment to them. They included my payment amount of {$680.00} which was my original mortgage amount from XX/XX/XXXX. I mailed in the payment to the following company on XX/XX/XXXX.  And will mail my XXXX payment today, XX/XX/XXXX. So how is SPS trying to collect when they no longer have the standing? 
3 ) The welcome letter from XXXX stated that the holder of my loan was XXXX, not XXXX XXXX XXXX XXXX as Trustee on Behalf of the Holders of the Asset Backed Securities Corporation Home Equity and Trust Series XXXX XXXX Asset Backed Through Certificates Series XXXX XXXX as stated by Select Portfolio Servicing on numerous occasions. 
4 ) I have reached out to XXXX XXXX XXXX XXXX on several occasions to inquire about my loan, and they have provided in writing that they are not the holder and have no interest in my loan. They do not even have record of my name, address, or SSN. I have provided this documentation numerous times to SPS and the CFPB. 
5 ) When my mortgage was supposedly giving to SPS to service, I never received a goodbye letter from XXXX, only a welcome letter from Select Portfolio Servicing stating effective in XX/XX/XXXX that I should mail payments to them. Why am I to trust that Select Portfolio Servicing is the rightful company and not the other company when the same actions were taking by Select Portfolio Servicing? I can not verify w/ Argent as they are no longer in business. 
6 ) On XX/XX/XXXX SPS filed foreclosure documents on my mortgage. However, there was NO assignment giving/attached. Then again on XX/XX/XXXX yet  another attempt to foreclose. When I was attempting to modify and not behind even according to Select Portfolio Servicing. This time they have an assignment attached. Perhaps due to the numerous court rulings stating that they must indeed have this documentation. For instance, in XX/XX/XXXX Judge XXXX XXXX XXXX dismissed a foreclosure case due to the lender not owning/holding the mortgage. In many cases, the trusts try to argue equitable assignment that predates the filing of the foreclosure, but securitized trust can not take an equitable assignment of a mortgage loan. So how does SPS have standing? How does XXXX XXXX XXXX XXXX have standing? In fact, who has standing? SPS? XXXX XXXX XXXX XXXX? The new servicer? My assignment was dated XX/XX/XXXX and notarized for that date according to XXXX XXXX and XXXX and SPS. However, said assignment was not filed in XXXX County Oklahoma until XX/XX/XXXXafter the first attempt to foreclose. According to 46-13. Assignments of existing mortgages Recording within four months All assignments of mortgages at present existing, bearing date prior to the taking effect of this act, shall within four ( 4 ) months next succeeding the taking effect of this act be recorded in the proper county of this state, in accordance with the provisions of Section 1. Now if my loan was assigned in XX/XX/XXXX, why was it not filed with XXXX County until XX/XX/XXXX, that is two ( 2 ) years not four ( 4 ) months? 
7 ) When I applied for loss mitigation or mortgage assistance, I was recently denied for anything other than a repayment plan that was far more than any of my mortgage payments over the past 12 years. I asked to see the originators or even the holders guidelines for modification and have yet to see this. I honestly do not believe they know who to ask about modification. 
8 ) When XXXX XXXX ( Select Portfolio Servicings parent company ) gets in a bind with the Courts, SPS sends out a letter that there are escrow shortages to increase rates. Which they know will force people into foreclosure so that they can get one lump sum and write it off on their books and collect that money. Or they simply lie and apply fees that are illegal. According to 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 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 XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX XXXX Asset Backed Through Certificates Series XXXX XXXX was purchased by XXXX XXXX and XXXX XXXX not XXXX XXXX XXXX XXXX. 
I think that since XXXX XXXX or XXXX XXXX owns my loan, you all wont tell me because of the above mentioned lawsuit and/or action. 

I have attached documentation and will continue this matter in court if necessary. I will also compile all complaints against Select Portfolio Servicing and their lies. I will subpoena all necessary parties, XXXX XXXX, Select Portfolio Servicing, my new servicing, XXXX XXXX XXXX XXXX, The US Government, and whoever else says they own, or have interest in my loan. There is no confidence of ultimate homeownership when it comes to these subprime mortgages hence the housing crisis of XX/XX/XXXX. If I need to provide more documentation and proof of even payments, complaints, unnecessary illegal fees, I can and I will. So I ask, who owns my mortgage? Who is receiving funds? Who is to say that my loan is paid in full? Who has true legal standing to foreclose if it were necessary? I did not attach all 100+ pages of the complaint and lawsuit against XXXX XXXX from the United States District Court XXXX District of New York XXXX but I can and will if needed. I can also file that information as evidence in any necessary court proceedings.

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