Consumer complaint received 2017-07-14
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
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:
XXXX XXXX XXXX is acting on behalf of Select Portfolio Servicing Inc. in collusion with XXXX XXXX XXXX XXXX XXXX ( hereafter XXXX ) is using an illegal assumed name to taking non-judicial foreclosure action and has served and published a foreclosure/ Sales Under Power Notice under the illegally name. ( See EXHIBIT A for notice of sale scheduled forXX/XX/XXXX ). <P/>However, XXXX HAS RESPONDED ON XX/XX/XXXX TO THE CFPB and informed them that THE ACCOUNT WITH Loan # XXXX DOES NOT BELONG TO THEM. See EXHIBIT-M, a screenshot of XXXX 's response to the CFPB, an Administrative tribunal. <P/>2. XXXX XXXX XXXX has made the representation or implication that nonpayment of an alleged debt will result in the seizure, or sale of my property. The threat to take the action stated above can not legally be taken, and is strictly prohibited by 15 U.S. Code 1692e ( 4 ) ( 5 ) when there is no secured interest involved. <P/>3. Whereas, XXXX XXXX XXXX, in an effort to unlawfully collect an alleged debt that is based upon an account that is time barred, rescinded, charge-off and closed, XXXX XXXX XXXX has served and published an illegal SALES UNDER POWER foreclosure notice that does not comply with O.C.G.A 9-11-65, or O.C.G.A. 9-13-140 ( a ), and is unlawful under 15 U.S. Code 1692e ( 4 ) ( 5 ) 4. XXXX XXXX XXXX, in a recently served Sale Under Power publication is using a different name for the SECURED CREDITOR than previously used by the last known purported assignment shows. <P/>5. The name recorded, and appearing on the last known Purported ASSIGNMENT and all other recorded affidavits, including previously published SALE UNDER POWER notices used the following name listed below in paragraph 5 ( a ), also see validation of previous name at EXHIBIT-B ( a ) '' XXXX XXXX XXXX XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX XXXX, As Trustee For The Certificateholders XXXX, XXXX, Asset-Backed Certificates, Series 2004-7 '' 6. However, XXXX XXXX XXXX have published and served the new SALE UNDER POWER notices shown in Exhibit-A, using a different SECURED CREDITOR name. The new name is not in fact stated on the last known assignment as required by the XXXX and Georgia Statute. The name now used is stated verbatim in paragraph 6 ( b ) below, also see validation of substituted name at EXHIBIT-A ( b ) " XXXX XXXX XXXX XXXX XXXX XXXX f/k/a XXXX XXXX XXXX XXXX XXXX, As Trustee For XXXX, XXXX, Asset-Backed Certificates, Series 2004-7 ''. <P/>7. Note that XXXX XXXX XXXX did not use the descriptive portion of its legally registered fictitious name that identifies the SECURD CREDITOR as the trustee " For the Certificateholders ''. XXXX XXXX XXXX intentionally omitting and disguised its required legal fictitious name as it is mandatory by the SEC and the PSA, O.C.G.A. 16-10-20, O.C.G.A. 44-2-46. <P/>
8. The new creditor name that is recorded and published in the present SALE UNDER POWER notices is intentional concealment, and misrepresentation of a material fact under, a violation of 15 U.S. Code 1692e ( XXXX ) ( 5 ). <P/>9. XXXX XXXX XXXX, SPS Inc., XXXX, And XXXX exclusively use the legal fictitious name as stated in paragraph 5 ( a ) above for all non-judicial foreclosures actions where asset is alleged to be in a truss. See " verbatim names '' in EXHIBIT-B which is the only assignment ever made, a XXXX and XXXX Notice of Sale Under Power publication. Also see EXHIBIT-D, XXXX XXXX XXXX sworn affidavit recorded in XXXX XXXX Property records which shows the legal descriptive fictitious name asserted as true under the statutory requirement of the State of Georgia, New York and the SEC. <P/>10. The exact name of the purported secured creditor must be used as it appears on the face of the relevant ASSIGNMENT. A secured party 's name can not under Georgia law, be substituted, modified or omitted from non-judicial sales under power notices and publications without prior legal notice. <P/>11. In the state of Georgia only a SECURED CREDITOR may advertise and conduct a non-judicial foreclosure. The party listed on the Sales Under Power notice is not the " real party in interest ''. because the assigment says it is not. <P/>12. XXXX XXXX XXXX on behalf of XXXX can not truthfully assert that it is the " Trustee for the certificateholder '' as it relates to this specific asset that is supposed to be in a truss without misrepresenting a material fact to this Tribunal. <P/>13. before case # XXXX was closed XXXX, in a written brief in court exposed the illegal manipulation and modification of the legal name of the purported secured creditor where the plaintiff, XXXX declares its name to be as stated in paragraph 6 ( b ) above which is not what it says on the last Assignment. See EXHIBIT-E at pg.1,2,3. also see where the foundation was laid to insert the modified version of its name. See EXHIBIT-L. <P/>14. Whereas, XXXX does not have a secured claim in our property for the following reasons 15. Whereas, XXXX HAS RESPONDED ON XX/XX/XXXX TO THE CFPB and informed them that THE ACCOUNT WITH Loan # XXXX DOES NOT BELONG TO THEM. See EXHIBIT-M, a screenshot ofXX/XX/XXXX  response to the CFPB, an Administrative tribunal. <P/>( a ) The Transaction was rescinded on XX/XX/XXXX andXX/XX/XXXXXXXX and its predecessors and successors failed to comply or dispute the TILA rescission within 20 days. Thus, a final judgment was entered by automatic operation of law. See EXHIBIT-F, and ( b ) Loan # XXXX is void from inception because " Where an agent without authority to execute a sealed instrument signs a contract under seal for his principal, the later is not bound unless ratification thereof be also under seal ''. there was no ratification ever made -- See EXHIBIT-G, signatures of unauthorized agent on " security deed '' and " waver of borrowers rights ''. See Rowe v. Ware, 30 Ga. 278 ; Pollard v. Gibbs, 55 Ga. 45 ; McCalla v. American Freehold Co., 90 Ga. 113 ( 15 S.E. 687 ). ( PLEASE BE advised that the security deed remains in its original full force and effect from its inception, i.e. " IT REMAINS A NULLITY '' ) with no secured interest having been awarded obtained or granted by anyone at any time : and ( c ) The loan was charge-off and closed as ofXX/XX/XXXX, see EXHIBIT-H, and ( d ) the collection rights to the dead debt was sold to SPS Inc. the purported loan # XXXX was illegally re-aged in XXXX long after the charge-off and loan closure had occurred, see EXHIBIT-K. <P/>( e ) We have reason to believe that there are ethical conflicts of interest in XXXX XXXX XXXX Georgia Foreclosure division and other areas of law it operates under. see EXHIBIT-D illegal affidavits specifically filed in XXXX XXXX property records on unsecured property to facilitate a non-judicial foreclosure.

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