Consumer complaint received 2016-11-08
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Threatened to sue on too old debt

Complaint:
To Servicing Bank : SELECT PORFOLIO SERVICING XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Select Portfolio Servicing Acc # XXXX Ref : Property : XXXX XXXX XXXX XXXX XXXX, Fl XXXX NOTICE OF STATUS OF LIMITATION AND VOID MORTGAGE LOAN In response to your inappropriate, harassing and misleading letter of " Notice of Default '', dated XXXX XXXX, XXXX, Select Portfolio Servicing Inc. ( SPS ) assert The mortgage is defaulted as a result of a failure to make payment as require by the Deed of the Trust of Mortgage ( Security Instrument ). Also, it threaten homeowner to foreclose, under fraudulent conditions intended to commit fraud and mislead. This Notice of Default has several violations : Be aware that you letter of " Notice of Default '' failed to establish the date that mortgage get defaulted. Our Records show that Mortgage was default on XXXX/XXXX/XXXX. It mean you are in violation of the Status of Limitation. Exhibit 1 As lenders know, Florida has a five year statute of limitations for mortgage foreclosures. Threatened to sue me on debt that is too old to be sued on. 

Select Portfolio Servicing Inc, s Notice of Default constitute a violation of Debtor Discharge. Bankruptcy Discharge prohibits against attempts to collect discharged debts, including lawsuits, demand letters and telephone calls. " The Default ... This letter is a formal demand for payment. '' XXXX XXXX XXXX XXXX started recently XXXX ( XXXX ) instant foreclosure action XXXX and XXXX style XXXX XXXX XXXX as Trustee that were dismissed. Those Wrong Foreclosure were brought using bogus, purported assignment and false billing statements to mislead homeowner and justice. Exhibit 2 On the fact, claims of fraud, the victim has the choice of seeking either to affirm the contract and claim money damages, or claim rescission. Therefore, a party seeking to avoid the obligation under loan documents must pursue a remedy of cancellation. XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ) SPS claim to act on behalf of its investors XXXX XXXX XXXX XXXX AND XXXX, with has been in criminal activities of fraudulent billing in connection of this disputed mortgage. Recently, XXXX XXXX XXXX has closed all doors to correct and fix fraudulent over charges after transferring the servicing to SPS, on XXXX XXXX XXXX for more than {$20000.00} dollars of fake charges. 

The undersigned, pursuant Section 6, The Real Estate Settlement Procedures Act ( RESPA ) Select Portfolio Servicing , Inc., have also failed to produce/disclose the following information : 1. Release all charges regarding Acc # XXXX from XXXX XXXX, XXXX to XXXX, but not limit records of Attorney fees, legal charges of Foreclosure # XXXX, property inspections, maintenance and others charges. 

A third attend to foreclose and harass homeowner of the above property after XXXX ( XXXX ) dismissed previous foreclosure actions on XXXX and XXXX using purported and fraudulent Assignment Mortgage will be prosecuted. Also, any lawyer working on behalf of SPS and its criminal activities will be reported to Florida Bar. 

In other hand, Mortgage Loan on the reference above property was rescinded on XXXX, followings notice were given XXXX and XXXX to the servicing banks XXXX XXXX XXXX, Select Portfolio Servicing and XXXX as recorded in Official Record in XXXX County, Florida. 

There is not mortgage to foreclose. 

For SPS best interest and its " supposed investors '', it better SPS and XXXX XXXX XXXX return release Mortgage Loan and return the Note to the homeowner or pay for all damages cause for those malicious prosecutions falsely claiming third party interest. 


XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX XXXX

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