Consumer complaint received 2019-04-09
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
On XX/XX/XXXX Select Portfolio Servicing Inc. Stated in writing that they do not accept the Tender of Payment or Conditional Offer Payment on behalf of a newly created loan modification as of XX/XX/XXXX. Whereas we have found a document that has the information concerning where to send the Conditional Payment or Tender of Payment thereto said address of Select Portfolio Servicing Inc. As well we are sending the payment through the CFPB due to the amount of games and fraud being played by said banks involved. They lied and was misleading. Both posses addresses with directions on how to mail the Conditional Payment or Tender of Payment as stated on the back of the statements of their alleged documents and i quote " Select Portfolio Servicing Inc and XXXX XXXX XXXX XXXX   both accept conditional Payments under different and or hidden addresses for example XXXX Conditional Payment address is located at XXXX XXXX XXXX XXXX DELAWARE [ DE ] XXXX. If the payment is sent to a different address the payment may not be credited and or may be returned by refusing the payment and can not destroy the payment but return it to you as is. No such payments have been received from either XXXX XXXX XXXX XXXX or Select Portfolio Servicing Inc. The home owners have mailed the conditional offer and tender of payment thereto Select Portfolio and also on the behalf of SPS thereto XXXX XXXX XXXX XXXX. thru SPS but it was never returned but shows to be within their documents declined therefore the alleged debt is subject to discharge. 

CONDITIONAL ACCEPTANCE FOR VALUE AND COUNTER OFFER/CLAIM FOR PROOF OF CLAIM and TENDER OF PAYMENT OFFERING : Please understand that according to the terms of our agreement ( the agreement with the original lender XXXX  XXXX XXXX, nor by any controller of this alleged debt be it Select Portfolio Servicing Inc. and XXXX XXXX XXXX XXXX, and others that may be hidden within ), and youre presenting us with your- Alleged loan modification newly added as of XX/XX/XXXX, ON BEHALF OF XXXX XXXX XXXX XXXX XXXX here presented the new terms, we conditionally accept your offer under the following terms and conditions. You are to provide a complete accounting, signed under penalty of perjury attesting to the amount of expenditures and cost so that I may redeem my property. You must also provide proof of claim of the following : That we are not currently under a national emergency whereby all banking business have been suspended similar to that indicated by presidential proclamation 2039? That as a result of the current emergency, book entry credit is not an acceptable form of business transaction within the borders of the United States? 
That you have not charged off this account and or that the account itself has never been charged off whereby an internal credit has been applied, bringing the account balance to zero, and then the creation of a new account where the previous unapplied credit remained outstanding ( in other words that there is an outstanding balance after the internal credit application )? That your attempt to seize and/or take my property is not a violation of my right to due process, right to property? And that : The Fifth Amendment does not command that property be not taken without making just compensation? That Valid contracts are not property, whether the obligor be a private individual, a municipality, a State or the United States? Select Portfolio Servicing Inc and XXXX XXXX XXXX XXXX both accept conditional Payments under different and or hidden addresses for example XXXX Conditional Payment address is located at XXXX XXXX XXXX XXXX DELAWARE [ DE ] XXXX. If the payment is sent to a different address the payment may not be credited and or may be returned by refusing the payment and can not destroy the payment but return it to you as is. No such payments have been received from either XXXX XXXX XXXX XXXX or Select Portfolio Servicing Inc. Your document states on the back of the payment coupon/Check that i can at anytime opt out of said agreement or contract for payment type and or style. I choose to do so. Your methods have proven to be misleading and corrupt by example of your Back office. Whereas you stated that this is not legal tender when in fact by new law it is legal tender, that which you request for payment is a note or debt to pay a debt and that is illegal. That the Rights against the United States and or any other party arising out of a contract with it are protected by the Fifth Amendment? United States v. XXXX XXXX XXXX XXXX, 118 US 235, 238 ; United States v. XXXX XXXX XXXX XXXX, 256 US 51, 64. That when the United States and or any other party enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals? That in XXXX v. United States, 294 US 330, 352-353 ( 1935 ) it was held that : - When the United States, with constitutional authority, makes contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such instruments. There is no difference, said the Court in United States v. XXXX XXXX XXXX, 15 Pet. 977, 392, except that the United States can not be sued without its consent. See, also, The XXXX XXXX ( XXXX v. United States ) 7 Wall. 666, 675 ;  XXXX v. United States, 91 US 389, 396. In XXXX v. United States, 292 US 571, 580, with respect to an attempted abrogation by the Act of March 20, 1933 ( 48 Stat. at L. 8, 11, chap. 3, U.S.C. title 38, section 701 ) contracts of the United States, the Court quoted with approval the statement in the Sinking Fund Cases, 99 US 70, supra, and said : " Punctilious fulfillment of contractual obligations is essential to the maintenance of the credit of public as well as private debtors. No doubt there was in March, 1933, great need of economy. ( This is in direct reference to the March 9, 1933 act and presidential proclamation 2039, where a NATIONAL ECONOMIC BANKING EMERGENCY was declared, facilitating the serious emergency that Congress has stated is still extant )? In the administration of all government business economy had become urgent because of lessened revenues and the heavy obligations to be issued in the hope of relieving widespread distress. Congress was without power to reduce expenditures by abrogating contractual  obligations of the United States. To abrogate contracts, in the attempt to lessen government expenditure, would be not the practice of economy, but an act of repudiation. '' And that any attempt on your part to invalidate this contract would amount to the same repudiation? 
That the United States treasury, as authorized under the presidential proclamation 2039, has not declared legal tender to be valueless? Backed by nothing? [ - An official website of the United States Government-Legal Tender Status - Treasury Department -- - U.S. DEPARTMENT OF THE TREASURY XXXX XXXX XXXX XXXX XX/XX/XXXX -The pertinent portion of law that applies is the Coinage Act of 1965, specifically Section 31 U.S.C. 5103,  entitled " Legal tender, '' which states : " United States coins and currency ( including Federal reserve notes and circulating notes of Federal reserve banks and national banks ) arelegal tender ... Federal Reserve notes are not redeemable in any commodity, and receive no backing by anything This has been the case since 1933. The notes have no value for themselves. ] That The Federal Emergency Relief Act of 1933 AN ACT, was not to provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of 1933 Approved, May 12, 1933 ( Sec. 4. ( a ) )? 
That " The ownership of all property is not in the state? That " Under thenew law government obligations, is not backed by the credit of the nation.It does not represent a mortgage on all the homes, and other property of all the people of the nation. "? Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, March 9, 1933 on HR 1491 p. 83. That Obligations of the United States shall not be receivable for all public dues? That they shall not be redeemed at the Treasury Department of the United States or at any FederalReserve bank? 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption ( Dec. 23, 1913, ch. 6, 16 ( par. ) ,38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) You are hereby notified that I do hereby tender payment for the referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligations and must be handled in accord with the dictates of statute. I accept the obligation on and in behalf of the United States of America and hereby make assignment of the obligation [ s ] to the United States Treasury Department creating a special relationship on and in behalf of the United States of America as authorized by statute and trust law. You are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. 12 USC 411, directing an immediate credit for value to my account. As per the terms of this contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration and or associated penalties in paying the US government [ debt Instrument ] obligations for value through acceptance, pledging an assignment in full. And shall act as my redemption under statute and in equity.

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