Consumer complaint received 2018-01-12
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX XXXX alleges to be working on this issue that is ongoing. They have included XXXX XXXX XXXX as investor and or trustee whereas XXXX states in writing assuming the home owners stated the false info therein that they have nothing to do with this loan or alleged loan and we had never seen any documents pointing out XXXX so a QWR aka qualified writer request was never sent to them but to all of the banks involved. XXXX XXXX has alleged that there is a debt is real and is owed but according to the documents produced this debt was created by identity theft. XXXX XXXX along with XXXX XXXX XXXX XXXX XXXX, XXXX, Select Portfolio Servicing, XXXX XXXX XXXX and the alleged nominee and beneficiary XXXX aka XXXX XXXX XXXX XXXX and XXXX XXXX XXXX have been placed on notice to Cease and Desist all attempts to collect a debt that is not that of the home owners. As well XXXX XXXX has mailed by USPS first class and this is mail fraud, sent letters addressing a XXXX XXXX XXXX and XXXX XXXX XXXX on two different occasions as well they have sent by way of USPS letters addressing a XXXX XXXX. These persons do not live at our home and we know not these individuals. We believe that there is either a major error in the persons they are attempting to collect from as in name and address and or its just fraud and therein XXXX XXXX XXXX Lending and such the like as well as all other banks and electronic registration systems have been made away by way of the CFPB website and have been served CEAST & DESIST  documents on multiple occasions but continue to ignore the laws therein. XXXX XXXX also denied the home owners the right to establish a Trust account at one of their local branches. This is discrimination, in fact the Branch manager after learning whom the person was she asked him to get out and go to some other bank that would take your trust, embarrassing this person and making light of his civil rights and liberties. She claim when he asked that the XXXX no longer do the type of trust anymore rather a bank broker stated the day before that they could set up the kind of trust he was requesting and to schedule it for the next day. When the home owners would call XXXX  and ask for the person whom signed the letters attached they would not identify them or herself. XXXX XXXX alleged to have acquired a loan from XXXX whom alleged to have acquired a loan from XXXX XXXX XXXX with forged documents and thereafter identity theft whereas how the loan was created and came about. When the banks where requested to to a Qualified written request XXXX was no longer in business, thereafter XXXX responded " we acquired the loan XXXX XXXX without verifying and validation just a letter stating we own your loan with multiple phone calls of threats of foreclosure and that it was good business to do so. Thereafter XXXX  alleged that they acquired certain assets from XXXX when in fact they where given certain unknown assets from XXXX and was never clarified verified and validated. The first letter was sent to XXXX XXXX as the Qualified written request XXXX, again in XXXX and again in XXXX thru XXXX whereas they did nothing but make threats and attempts to trick us into bandaids cloaked and hidden as a loan modification whereas the loan would increase by {$20000.00} to {$30000.00}. Wherein all the time we continued to let them know we did not sign a contract or a mortgage with XXXX XXXX XXXX. Whereas XXXX XXXX President may have obtained our private information from XXXX XXXX XXXX. They XXXX XXXX and now sold to Select Portfolio Servicing aka SPS stated that the investors where XXXX XXXX and XXXX and XXXX XXXX are the trustees. When we asked SPS for a verified validated documents meaning signatures backed by law and or an affidavit they stated that we could travel to XXXX XXXX XXXX to verify documents which seems like a threat and a set up. Who in there right mind would travel that far to see documents that could be mailed to and back to the alleged servicer SPS and XXXX XXXX? That sounds strange. As well a letter presented with facts and law as in a correct response provided by XXXX XXXX XXXX stating that they have nothing to do with this alleged loan and that the loan they where involved in the year XXXX was paid off sold transferred. Such information provided by XXXX is very accurate and provide truth and light to the facts of our complaints since day one as of with the CFPB XXXX OCC XXXX and such the like in times presented to multiple agencies. XXXX Requests for information. In fact XXXX stated that the request was done in error due to the fact that the loan numbers had changed and that it had been originated with XXXX in XXXX whereas XXXX XXXX now SPS claims the loan was originated XXXX XXXX, XXXX. XXXX XXXX the notary on the alleged presented docs are forged by her and possibly someone else. We the home owners did not meet with XXXX XXXX on XXXX XXXX, XXXX. So the question is who did she meet with and how did she record documents within the XXXX XXXX County Registrar Recorder of Deeds office? In fact a notary must make sure she has signatures of the assignees aka home owners in a notary book all notaries keep with matching signatures and ID numbers which is recorded by the notary and requested by law so that identity theft does not occur. More issues, on several documents produced and provided by XXXX and now SPS there are thee different documents, one with no initials from XXXX XXXX XXXX, with handwritten numbers another blank document, and the third with new bar codes without initials. On the documents presented by XXXX XXXX XXXX now SPS they have multiple issues, one they are forged, two no matching signatures or ID numbers three no notary book whereas the assignees must sign and four no signers present. This is forgery which lead to the identity theft and creation of the alleged loan. XXXX Error resolution procedures. Also Notice of error.A servicer shall comply with the requirements of this section for any written notice from the borrower that asserts an error and that includes the name of the borrower, information that enables the servicer to identify the borrower 's mortgage loan account, and the error the borrower believes has occurred. A notice on a payment coupon or other payment form supplied by the servicer need not be treated by the servicer as a notice of error. A qualified written request that asserts an error relating to the servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request. XXXX XXXX sold the loan thereafter they notice two different letters were going out, one from the manager XXXX XXXX from the research department whom stated in a letter XXXX XXXX that the loan did or does not exist in their records. The second letter whereas XXXX XXXX stated the loan was real with no verification but allegations and threats attempting to place the home owners under duress hoping they would simply make payments then stated on the back of their letter that " the words mortgage loan and such the like does not mean you owe but if you do make payments its voluntary.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation