Consumer complaint received 2020-08-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In XXXX I called Select Portfolio Services to ask about the 90 day forbearance and was told that I could have it but that I would have to pay it back in a balloon payment and I asked her, how does that help anyone. She said it's up to the lender, and if they don't get the payment, THEY would start foreclosure proceedings. So I asked, Why would you be doing anything?, your not the owner. All I got was silence, so I requested to know who the owner was and that where the run around started. They couldn't tell me on the phone, their system was down, I'd have to call back, until I got XXXX and demanded it be sent in the mail. I finally received a letter that stated it was XXXX XXXX XXXX, as Trustee, for Park XXXX XXXX XXXX XXXX . Asset- Backed Pass Through Certificates, Series XXXX is the owner of the account. 

So now I call XXXX XXXX and they can find my account number but it is not me, my property or even in my state. They send me to their investigative department to open up a inquiry and give me the investigation number and tell me to retain counsel. That same day I call the local deeds office and find out that I got a Full release of Lien from the Tennessee Housing Development in XXXX and then a lien from XXXX XXXX by an attorney name XXXX XXXX XXXX sent by SPS in XXXX of the same year XXXX. 

So now I call XXXX XXXX back and they open up another investigation because they did not do it. 

So then I talk to XXXX XXXX XXXX and was told that they SOLD my loan to SPS, and I have called them twice just to be sure they said SOLD, not assigned. 

The reason I had to make sure is because I made a compliant with XXXX of Utah and they produced an assignment they got from XXXX and they said they were the servicer of the account, so I called XXXX back to make sure they meant SOLD and they said yes, and I asked for them to send everything they have in their system regarding my account, contracts, lien, release of lien, everything. 

So now I am asking myself, why if they own it, can't they just tell the truth. So I think it's because they are a collection agency and don't have the license to own mortgages, so I request information from the State of Tennessee and find out that their license has been expired since XXXX. 

My son found a case on XXXX XXXX XXXX, as Trustee, for XXXX XXXX XXXX XXXX XXXX Asset-Backed Pass Through Certificates, series XXXX, but what was left off my letter was BY SELECT PORTFOLIO XXXXERVICES . Which means that they are the owners, as XXXX XXXX XXXX said they were, so now why lie? 

My son found a pooling agreement written in XX/XX/XXXX on sec.gov/Archives called XXXX. Which states everyone 's responsibility to the agreement and at the end prohibits involved in the agreement from owning Trust because it is against XXXX. So then I go to the U.S.Labor Department for the law, and learn that it is a conflict of interest. They must avoid conflicts of interest, in other words, they may not engage in transactions on behalf of the plan that benefits parties related to the plan, such as other fiduciaries, service providers, or the plan sponsor. If they breach this law, the courts may take action against them that carries a 10 year term in jail and a {$500000.00} fine. 

So if XXXX XXXX says that they don't have my account, why is their a fraudulent lien on my home from XXXX XXXX XXXX sent by SPS? Right after I received a full release of deed? If the People that said they sold it to SPS, which was XXXX? Why is there a lien from XXXX XXXX, that they know nothing about? Because SPS is the owners, they just can't tell you that cause it's against the law. 

That's what I believe they are afraid of, and why they can't allow anyone to know that they own Trust. 

Then last week I receive a letter from XXXX XXXX, XXXX XXXX in the Research and Analyst office that they found my loan in another Trust, XXXX XXXX, XXXX, as Trustee of the securitization trust. It hold legal title to my XXXX mortgage. She is forwarding my concern related to the loan to the servicer of the mortgage SPS, as the appropriate party to receive and respond to this type of request. 

I call XXXX XXXX later that night, to get XXXX XXXX phone number, and get on their web page as I am waiting for an operator to answer my call, and type in her name, and when the page goes back to the home page, a username and a password comes up for me. A username that I have used before, so now I am paralyzed because I was already told by one of the investigative agent name XXXX XXXX that I have never had any loan with XXXX XXXX. Not a car loan, a credit card, nothing, so how is my information in their system. 

An agent comes on the line. XXXX, and now the account number can't be found at all. It doesn't exist. So I tell her that I am looking at my information in their system and I have never had a loan with XXXX XXXX and she is so out done, that she say 's she would be in tears at this point. 

So now I am waiting to find out what XXXX XXXX finds, and still going back and forth with SPS through the BBB of Utah. 

But one thing I know for sure, SPS is the owner, because since XXXX, they have been the only one on everything, My interest tax statement comes from them, with their name on it, XXXX XXXX has them listed, my homeowner policy has them listed as the owners? So if it looks like a duck and quacks like a duck, It's a duck. 

They are breaking XXXX and hiding behind other lenders as to not take responsibility for their fraud? 

The ironic thing is, XXXX XXXX is being sued right this moment for giving out 90 day forbearances to people that didn't request them, so they could get the {$500.00} to {$1000.00} from the government. So I find it funny that the people that are suppose to own mine, wouldn't give me one. Ironic?

I have 2 other people that are having the same problem, except one has a loan that was written by American Wholesale Lenders in XXXX. They were found to be fraudulent and all loans deemed null and void by the courts. They didn't have licenses or were they incorporated. They didn't even come to court. So if all those loans were voided, how has she been paying SPS since XXXX? But they all have one thing in common, they were written through XXXX, bought by XXXX, and sold to SPS. 

Thank You, and I will be filing a complaint with U.S. Department of XXXXabor as well and seeking counsel. 

XXXX XXXX XXXX XXXX XXXX

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