Consumer complaint received 2021-11-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
To Whom It May Concern : 1. As Servicer of the above referenced Mortgage Loan, please treat this as a notice of error pursuant to the Real Estate Settlement Procedures Act, subject to the response time set out in Regulation X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( B ).

2. 1024.35 Borrower asserts an error relating to the servicing of a mortgage loan is a notice of error. 35 ( b ) ( 5 ) Imposition of a fee or charge that the servicer lacks a reasonable basis to impose upon the borrower.

3. Error Resolution Notice under 12 C.F.R. 1024.35 and correcting the error or errors identified by the borrower and providing the borrower with a written notification of the correction, the effective date of the correction, and contact information, including a telephone number, for further assistance.

4. ( ii ) Different or additional error. If during a reasonable investigation of a notice of error, a servicer concludes that errors occurred other than, or in addition to, the error or errors alleged by the borrower, the servicer shall correct all such additional errors and provide the borrower with a written notification that describes the errors the servicer identified, the action taken to correct the errors, the effective date of the correction, and contact information, including a telephone number, for further assistance. 

5. XXXX XXXX XXXX ( XXXX ) and XXXX XXXX illegal practices pose a detriment and these fees imposed were fraudulent in nature. This practice is unfair to us as borrowers and we are harmed by this illegal practices since the additional {$51.00}, XXXX was added to our original loan amount.. These practices are unfair, abusive, deceptive or predatory acts by the financial services company and its affiliatessuch as excessive fees, financial fraud or other illegal acts against me the consumer.

6. I visited the property on two prior occasions and was provided incorrect codes to enter the property. I entered the property on a third occasion and took photograph ( see attachment ) of the entire house and all the damage within and throughout. It is evident that no work was performed for numerous years especially amounting to {$51000.00}. 

7. Select Portfolio Services incorrectly imposed preservation fees to my loan in the amount of approximately {$51.00}, XXXX from XX/XX/XXXX to XX/XX/XXXX. Photo documentation reflect the home has been in despair for awhile and deteriorated. XXXX and XXXX XXXX has added fees to the mortgage loan and no work or little work was performed.

8. Payoff Errors : Select Portfolio Services provided an inaccurate mortgage payoff balance, since there was possible fraud by XXXX XXXX XXXX ( XXXX ) and XXXX XXXX. XXXX XXXX XXXX ( XXXX ) and Safeguard properties collected over {$51.00}, XXXX of monies for work not performed. 

9. I am requesting Select Portfolio Services Inc certified me through the documents that an error has occurred and credit my account. As a borrow I should be protected from these unfair deceptive practices.

10. A servicer is generally required to respond to a written request for information from a borrower regarding the mortgage loan Here, Select Portfolio Servicing , Inc has erred by adding {$51000.00} of unreasonable fees or fees for work not performed which should be immediately credited. Also I am requesting that XXXX XXXX XXXX  ( XXXX  ) and XXXX XXXX no longer maintain the property on record nor try to make necessary repairs at this date or future date to rectify the fraudulent activity of the fees added. The family will be responsible for any future repair or work performed and once this error is rectified plan to cure any default once the payoff amount has been corrected.

Thank you for taking the time to respond to this Notice of Error within 5 business days. 


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