Consumer complaint received 2017-12-18
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
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:
This complaint is filed so there will be a public record. I can not afford to wait 60 days for a full response. This complaint provides new information for both the debt collector and the creditor. I sent SPS a notice to cease and desist all communication ( see attached file : SPS Cease and Desist ). SPS is NOT a mortgage loan servicer. SPS is a debt collection agency that should have its license revoked. In response to the Notice of Default filed on XXXX XXXX, XXXX ( see attached file : Notice of Default ) and in accordance with paragraph four of the letter from XXXX XXXX XXXX XXXX XXXX dated XX/XX/XXXX ( see attached file : XXXX XXXX XXXX ), I disputed the debt based upon court cases and court documents ( see attached file : Debt Disputed ). This included a decision from a CA Appeals Court in XX/XX/XXXXthat concluded the assignment of the deed of trust was hearsay, so the overall truthfulness of the assignment of the deed of trust remained subject to dispute as well. XXXX v. XXXX XXXX XXXX XXXX XXXX. ( XXXX ) XXXX XXXX XXXX, XXXX. This was reaffirmed in XXXX XXXX after XXXX XXXX XXXX XXXX XXXX, XXXX was sued and further supported with deposition testimony. ( See attached file : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ). 
The debt collector is required to validate the debt before proceeding with collection as the letter dated XX/XX/XXXX referenced above from XXXX XXXX XXXX Insurance Company indicated. Consequently in order to validate the debt, the debt collector would have to overrule the CA Appeals court which the debt collector does not have the authority to do. Also to validate the debt, the debt collector must first determine if under the FDCPA, a mortgage is a debt and if foreclosure is debt collection. 
Since the courts are divided on these issues, it is not possible at this time to validate the debt. Although the courts are divided, XXXX XXXX which is the beneficiary under the deed of trust ( see attached file : Notice of Default ), obviously has no issue over this. The collection letter from XXXX  XXXX dated XX/XX/XXXX states it is sent in compliance with the Federal Fair Debt Collection Practices Act ( see attached file : XXXX FDCPA ). Since the beneficiary under the deed of trust believes the FDCPA applies, the FDCPA would have to apply to SPS as well. Therefore SPS is not in any position to claim otherwise and neither is XXXX XXXX XXXX XXXX XXXX, XXXX or XXXXXXXX XXXX and XXXX XXXX. ( See attached file : XXXX XXXX XXXX and XXXX XXXX ). 
As a result the Memorandum and Order from the lawsuit against SPS for violations of the FDCPA is applicable in my case. I have received collection letters that violate the FDCPA which makes a non-judicial foreclosure illegal as the court explained. ( See page 6 of attached file : Memorandum and Order ). In fact the court even states on page 12, ... a letter threatening foreclosure while also offering to discuss foreclosure alternatives qualified as a communication related to debt collection activity. I have received numerous such letters on a daily basis for over 3 years ( see attached file : Collection Letter ). As a result the California Declaration of Compliance is arguably made under perjury as it can not be true and correct when the options for the borrower to avoid foreclosure, as required under California law, are an attempt to collect a debt. ( See attached file : CA Declaration of Compliance ). The instructions for proceeding with non-judicial foreclosure proceedings are also a violation of the FDCPA as explained above.

Page 16 of the Memorandum and Order explains : If the letter is not an attempt to collect a debt, then it can only be an attempt to defraud or extort money from a person with no obligation to pay it or solicitation of a gift. Again I have received numerous such letters. ( See attached file : SPS Attempt to Defraud ). This letter from SPS dated  XX/XX/XXXX was sent to me in response to the dispute over the debt I sent to XXXX XXXX XXXX XXXX XXXX Instead of responding to me directly, XXXX XXXX has forwarded my dispute to SPS who will only attempt to defraud me as the court explained. Therefore I sent SPS a notice to cease and desist all communication and notified XXXX XXXX of this. ( See attached file : Certified Letters ). 
However even the monthly mortgage statement SPS sends, states it is an attempt to collect a debt. ( See attached file : Mortgage Statement ). Therefore for SPS to cease and desist all communication would have to include the mortgage statement as well. A mortgage servicer is required to send a monthly mortgage statement. SPS can not both cease and desist all communication and send me mortgage statements. Thus SPS is not a mortgage loan servicer ; yet SPS acts as such to fraudulently foreclose on homes in tens of thousands of foreclosures nationwide as the court describes on page 12 of the attached Memorandum and Order.

The fact the parties involved are aware of the courts position regarding the beneficiary  of my deed of trust being XXXX XXXX, the fact the FDCPA applies to XXXX XXXX, and the courts position on the FDCPA, this amounts to fraud, oppression, malice. As foreclosure prevention has been used as an illegal method of debt collection, I have been continually deprived of my California Homeowner Bill of Rights to take away my property. Furthermore I was deprived of my privacy rights as my personal information was shared with a third party debt collector to foreclose on my home before and after I was allowed to restrict this. This is all responded to with collection letters that are an attempt to defraud. This is all preceded by more of the same as the Executive Office Analyst for XXXX ( XXXX ) /XXXX XXXX committed fraud, oppression, malice in XX/XX/XXXX by committing fraud to cover up the fact she violated the National Mortgage Settlement Consent Order while depriving me of my California Homeowner Bill of Rights and foreclosing on my home. To add insult to injury this same individual remains in control of the relentless, abusive, and illegal debt collection practices that have persisted to this day and consequently did the same exact thing a year later in XX/XX/XXXX ( See attached file : Fraud, Oppression, Malice ). I will not allow myself to be subjected to any further abuse. This ends here and it ends now.

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