Consumer complaint received 2017-11-20
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
QWR " Qualified Written Request '' under RESPA - 12 U.S.C. section 2605 ( e ) : SPS Select Portfolio Servicing submitted false/incomplete answers to CFPB, homeowner and homeowner 's attorney in response to QWR sent in XX/XX/XXXX, and again in response to second QWR ( follow up ) XX/XX/XXXX. SPS Select Portfolio Servicing 's unlawful/dishonest acts continue to cause harm to homeowner. SPS appears to attempt to commit fraud upon the court ( and CFPB ) by its non-compliance with federal rules, and continued willful violation of guidelines as provided under RESPA.

To date, SPS Select Portfolio Servicing has failed to provide full, accurate and truthful ledger ( accounting ) to CFPB and homeowner as lawfully required via QWR ( s ). As of Friday XX/XX/XXXX, SPS Select Portfolio Servicing still admits to homeowner that they do not possess accounting for XX/XX/XXXX through XX/XX/XXXX, and other QWR documentation requested, stating they have " requested the information and are waiting for response/documents ''. 

In the interim, SPS and attorney XXXX XXXX XXXX continue to schedule Foreclosure actions, knowingly without providing homeowner, homeowner 's attorney and CFPB with full disclosure, accounting and response to questions submitted in QWR. SPS and it 's attorney of record, XXXX XXXX XXXX scheduled another sale date of XX/XX/XXXX with full knowledge that they did not comply with QWR disclosures and responses to CFPB. 

On XX/XX/XXXX, at approximately XXXX, XXXX XXXX 's office confirmed the sale would not take place after receipt of homeowner 's letter ( see attached ) regarding SPS missing ledger items, missing documentation and failure to abide by law. SPS, XXXX XXXX, and all associated parties are hereby requested to Cease and Desist scheduling any further foreclosure sale dates at this time. 

Homeowner requests full disclosure and federal assistance in obtaining ALL of the documents requested in the QWR ( s ) previously sent by XXXX XXXX ( see attached ), in addition to potential fraud investigation as related. Homeowner requests CFPB 's assistance in resolving questions related to predatory lending, validity of SPS claims, complete accounting, FDCPA compliance, TILA, Security Deed, Servicing Documentation and all tangible ( original ) documentation as requested.

Homeowner hereby requests imposition of penalties and fines to be placed upon SPS and its affiliates, as provided under RESPA, for failure to respond accurately within 60 days from the original QWR. Homeowner requests investigation of any and all FDCPA related practices, fraudulent business practices and any other relief due to SPS and associated parties continued failure to truthfully respond. SPS and its affiliates obligated to respond to QWR have failed to provide true and accurate documentation to verify and/or support their claims. Relief under any/all federal law to protect homeowner is hereby requested. 

Re-submission of attorney XXXX XXXX 's QWR ( s ), as attached, has been sent to Select Portfolio Servicing via Certified and Fax Delivery, and shall serve as a third request for QWR compliance.

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