Consumer complaint received 2018-06-05
Company: SELECT PORTFOLIO SERVICING, INC.
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I timely submitted to SPS an appeal of the denial of my application to SPS ; SPS has not issued a response to that appeal. Despite the fact that loss mitigation is pending, SPS has scheduled a sale of my home for XX/XX/XXXX. There mere fact that a sale has been scheduled while loss mitigation is ongoing is DUAL TRACKING which is prohibited.

I am also in receipt of SPSs mortgage statement dated XX/XX/XXXX, claiming {$1100.00} in charges/fees for FC ATTY FEES and FC COSTS. I am assuming that there are other 3rd fees and costs assessed to my account in prior months.

As Im sure SPS is aware, RESPA prohibits charging borrowers 3rd party fees if the work if not actually performed. Specifically, 12 C.F.R. 1024.35 ( b ) ( 5 ) requires that the servicer may only charge bona fide fees ; fees that the servicer determined it had a reasonable basis to impose. However, a servicer may not charge a for service that a service provider did not actually provide. Therefore, in order to prove these above noted fees are legitimate and all fees and costs assessed to my account, I demand a copy of all invoices evidencing all fees and the work completed for all fees charged. If I am expected to pay these fees then SPS must prove that are bona fide fees within RESPA.

These errors on SPS part must be addressed and reconciled immediately, specifically, pursuant to Regulation X, 12 C.F.R. 1024.35 ( d ) and ( e ), SPS has 5 days within which to acknowledge receipt of this request and must respond no later than 7 days.

Until these errors are properly addressed and corrected by SPS, there can be no sale scheduled on our property ; the currently scheduled sale for XX/XX/XXXX, must be canceled if the errors are not corrected. See Reg. X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( B ) and 1024.35 ( f ) ( 2 ) ; Official Bureau Interpretation, Supplement 1 to Part 1024, 35 ( e ) ( 3 ) ( i ) ( B ) -1. Therefore, we are requesting that you cancel the sale so that our appeal and previously issued Notice of Error have been addressed.

I also submitted the following QWR : As there exists violations and omissions in my account with SPS, this is a Qualified Written Request ( QWR ) under Section 6 of the Real Estate Settlement Procedures Act ( RESPA ) which is issued to obtain specific documents pertaining to my mortgage loan. SPS, be advised that under recently-amended Section 6 of RESPA, SPS must acknowledge in writing its receipt of this QWR request within five ( 5 ) business days of receiving it ; to issue a substantive response to the requested information within thirty ( 30 ) business days ; and to reconcile existing irregularities or inconsistencies within a maximum of forty-five ( 45 ) business days ( The Dodd-Frank Wall Street Reform and Consumer Protection Act allows for a 15-day extension only if I am informed about it and given the reasons for the extension ). A failure to comply with this request may result in fines of up to {$2000.00} plus any attorneys fees and costs. In addition, RESPAs Section ( 12 U.S.C. ) 2605 ( e ) ( 3 ) directs SPS as the loan servicer to not report negative information regarding my account to a consumer reporting agency during the 60 days following receipt of the QWR concerning overdue payments related to that period or to the QWR.

Please ensure that all copies of the following documents that SPS provides are clear, legible, and copied in their entirety. I will check off the following items I receive from you as you provide them : An escrow analysis to reflect an itemization of the current amount clamed due ; Initial Loan Application and Final Loan Application ( 1003 ) ; Deed of Trust/All Addendums ; Copy of Wet-inked Note signed, with All Endorsements and/or attached Allonges ; Copy of any and all Assignments of Mortgage ; Copy of Complete Loan Payment History This must include all payments made, all fees incurred, any and all escrow account disbursements and how payments were applied, any and all payments listed as Corp Adv Statutory Exp Disb and/or Corp Adv Attorney Advance Disb, Other Fees & Adv, Unapplied Funds, fees and costs associated with any appraisal-related, loss-mitigation related ( short sale ) fees, legal fees, etc., on any payment coupon statements/detailed transaction history print-outs issued by SPS and all disclosures and rate sheets ; All escrow analyses conducted on the account from the inception of the loan to the date of this letter ; Truth-in Lending Statements and Disclosures ; All loan servicing agreementsincluding any modification decisions or declinations -- between the loan servicer ( s ) and the loan originator, the note holder/lender ( including nominees holding legal title such as XXXX ), and/or trustees from inception of the loan to the date of this letter ; All letters, statements, affidavits, and documents ( including Limited Power of Attorney if applicable ) sent among agents, attorneys, or representatives of your company ; Itemization of Amount Financed ; Good Faith Estimates ; Estimated and Final Closing Statements ( Final HUD 1 ) ; Appraisal, and Current Fair Market Value of property including the basis for this determination ; Title Report ; All insurance premiums along with an accounting of timely payments made to the insurance company throughout the servicing of the loan ; Grant Deed ( s ).

RESPA also requires : Copies of all executed loan modification agreements ; Documentation of all loss mitigation eligibility determinations, evaluations, and actions taken on this mortgage loan ; Copies of all correspondence to me from SPS, if any, regarding adjustments in fees and charges, and any involving loss mitigation for this mortgage loan, including modifications, forbearance arrangements, or short-sale arrangements and all notices of default ; A full accounting of all money paid and received on this mortgage loan account from any third party sources, including agreements, contracts, and understandings with vendors that have been paid for by any charges on the account from the inception of the loan to the date of this letter ; Additionally, please provide, in writing, the following : ( 1 ) Please identify the name, address, and telephone number of the current owner ( beneficiary ) of the Note ; ( 2 ) Please identify the name, address, and telephone number of the beneficiary named in the Deed of Trust if different from that of the lender, and the authorization allowing such ; ( 3 ) Please identify the name, address, and telephone number of the secured party ( the current owner of the mortgage ) ; ( 4 ) Please identify the name, address, and telephone number of, and any and all fees provided to, the mortgage broker ( s ) involved in this mortgage loan ; ( 5 ) Please identify the current location of the originals of the entire loan file, and describe the manner in which they are stored, maintained, and protected.

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