Consumer complaint received 2021-09-08
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
This complaint serves as a Notice of Error for failing to acknowledge or upload Probate Documents ( Loan # XXXX ) so I XXXX XXXX, heir to the decease ( mother ) XXXX XXXX XXXX can be provided information or documents on mortgage. SPS refuse to provide me any information until I am identified as " successor in interest " which I already had provided on XXXX XXXX XXXX. SPS is now requesting the same documents that has already been provided and will not provide my any mortgage information. In addition I have also uploaded my mother 's death certificate and my XX/XX/XXXX correspondence. 

On XXXX XXXX XXXX Select Portfolio Servicing, Inc received requested documents such as probate documents of XXXX XXXX XXXX Estate. The email dated XXXX XXXX XXXX  to Select Portfolio Servicing, Inc included the Adjudication of Probate which has also been filed with the Recorder of Deeds at the LT. Governors Office in XXXX XXXX XXXX, Adjudication ( Probate ). In addition, I included in the email the Order of Default of cosigner and executor of the estate and the Order vacating Default of XXXX XXXX. A letter dated XX/XX/XXXX was sent to my address requesting the same documents ( Adjudication of Probate ) that I uploaded to Select Portfolio Servicing via email ( see attachment ). I am requesting Select Portfolio Servicing correct the error to include my Adjudication of Probate on file. Also I am requesting that Select Profolio Servicing identify me as the successor of interest since the requested documents have been provided and I am the sole heir that can assume and be further responsible for this loan. 

In addition, I would like to clarify Consumer Financial Protection Bureau ( CFPB ) rules adopted under the Garn-St. Germain Act which list the transfers of real property is excluded from enforcement of a contractual due on sale clause. The protected transfers include a transfer to a relative ( heir of XXXX XXXX XXXX ) resulting from the death of a borrower, since the cosigner and executor defaulted. Acquired property by this kind of transactions, I XXXX XXXX have the full complement of rights under RESPA and TILA. 

Since, I XXXX XXXX XXXX complied within specified time frames, and you have in your possession all relevant documents that are needed to confirm that I am the person making the request, I am a protected successor. I am hereby invoking my rights to get information, request transfer the loan, dispute errors and have payments properly credited. I am requesting Select Portfolio , Inc certified me through the documents received on XXXX XXXX XXXX  as the homeowner of the property. Since the requested documents were provided, I should be entitled to protections relating to assuming the mortgage or other loss mitigation disputing rights, monthly statements, escrow accounts, servicing transfers, and other rights afforded by TILA and RESPA as a home mortgage borrowers. 

Please note, under the new rules expand the definition of a borrower for purposes of RESPA, and consumer for purposes of TILA, to include a confirmed successor in interest. 12 C.F.R. 1024.31 ( eff. XX/XX/XXXX ). Successor in interest is defined as coextensive with transfers listed in the Garn-St. Germain Act after which a due-on-sale clause may not be exercised Select Portfolio Servicing, Inc has erred by not filing the Adjudication of probate, placing XXXX XXXX as successor of interest XXXX not proving the requested documents to review the account of my deceased mother XXXX XXXX XXXX and provide loss mitigation options such as or assuming the mortgage under the Garn-St. Germain Act. By copy of this Notice of Error, I am once again requesting that Select Portfolio Servicing, Inc provide the above listed documents

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation