Consumer complaint received 2020-04-28
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Since XX/XX/2016 Select Portfolio Servicing , Inc along with their 3rd party debt collector XXXX XXXX  XXXX, XXXX have relentlessly attempted to foreclose on my property without the proper authority to do so. 

Select Portfolio Servicing, Inc has insisted for years that they are the mortgage servicer for my loan ; and that they work on behalf of XXXX  XXXX XXXX XXXX XXXX XXXX. Whom they purport to be the owner of the mortgage loan and property. Which is not true. 

I contacted XXXX  XXXX XXXX XXXX XXXX XXXXXXXX and they have told me on three different occasions that they do not own the loan or the property and NEVER HAVE owned the loan or the property. In the state of Georgia ONLY THE SECURED CREDITOR can foreclose on a property.

Select Portfolio Servicing , Inc has stated in several documents that they work for XXXX XXXX XXXX XXXX XXXX XXXX  and that their firm is the servicer on behalf of the owner of the loan/property ; XXXX XXXX XXXX XXXX XXXX XXXX. Select Portfolio Servicing, Inc then hires XXXX XXXX  XXXX, XXXX to foreclose on the loan. 

I have sent several emails and certified mailing packages to both firms showing that XXXX XXXX XXXX XXXX XXXX  XXXX states that they do not own the loan or the property. Instead of suspending the foreclosure sale to validate their claim XXXX XXXX  XXXX, XXXX usually attempts to go forward with the foreclosure sale. 

XXXX XXXX  XXXX, XXXX along with Select Portfolio Servicing , Inc on several occasions has attempted to steal my property knowing that either entity works on behalf of the secured creditor and or parties with true interest in the loan or property. 

XXXX XXXX  XXXX, XXXX have gone as far as submitting themselves into the record of the Bankruptcy Courts on behalf of XXXX XXXX XXXX XXXX XXXX  XXXX claiming to be/represent XXXX XXXX XXXX XXXX XXXX XXXX as legal counsel to lift the stay of federal protection so they can steal my property without representing the true secured creditor. 

Both firms are violating Georgia 's Foreclosure statues as well as the FDCPA, Privacy Act, Bankruptcy Codes and basic Constitutional rights recognized by all courts of law. Their actions in my opinion are criminal. Theft by taking, false representation, misrepresentation and acting as legal council for an entity that does not have interest in the loan/property and the list goes on. 

This is insane. They are even attempting to foreclose once again during a Pandemic. Knowing that neither party truly represents the owner of the mortgage loan. At best this is evil as they are using a vulnerable time for most Americans as an attempt to weaken my ability to fight this WRONGFUL FORECLOSURE. 

In this complaint I would like a response from both parties explaining why they continue to foreclose knowing that both firms do not represent the true creditor. 

Please note all documents to substantiate all claims above are attached. 

Cordially, XXXX  XXXX

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