Consumer complaint received 2021-09-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX, Select Portfolio Servicing , Inc received requested documents such as death certificate of XXXX XXXX via email. The email dated XX/XX/XXXX to Select Portfolio Servicing , Inc included XXXX XXXX Death Certificate which is also filed with the Recorder of Deeds at the LT. Governors Office in XXXX XXXX XXXX, Adjudication ( Probate ), Order of Default of cosigner and executor of the estate and the Order vacating Default of XXXX XXXX. A letter XX/XX/XXXX was sent to my address requesting the same documents ( death certificate ) that I uploaded to Select Portfolio Servicing via email ( see attachment ). I am requesting Select Portfolio Servicing to include my mothers death certificate on file. I XXXX XXXX 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 ) resulting from the death of a borrower, since the cosigner and executor defaulted. Acquired property by this kind of transactions, I XXXXXXXX XXXX have the full complement of rights under RESPA and TILA. 

Since, I  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 XX/XX/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 death certificate, placing XXXX XXXX as successor of interest, not proving the requested documents to review the account of my deceased mother XXXX XXXX and provide loss mitigation options such as a loan modification 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 and/or information and correct all errors.

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