Consumer complaint received 2016-03-21
Company: SELECT PORTFOLIO SERVICING, INC.
State: KS
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX Kansas, XXXX XXXX XXXXXXXXXXXX I AM FILING A COMPLAINT DUE TO VIOLATIONS OF MY CONSUMER RIGHTS AND STATE AND FEDERAL LAWS. 

My currrent Mortgage Servicer is SelectPort Foilo transferred from XXXX, has given me until XXXX XXXX to cure the debt of a mortgage loan they put in default by breaking laws and by violating my Consumer Protection Rights. 
Below is a list of violations and attachments will be proof : Select Port Folio Servicing and XXXX have : A. Failed to apply all amounts accepted in connection with a loan against interest and principal due, before crediting taxes, insurance or fees. 

B. Failed to accept as of the date of receipt, or to credit effective as of the date of receipt, amounts paid in connection. 

c. Misrepresenting, expressly or by implication, any amount that I owe ; E. Misrepresenting, expressly or by implication, that any fee is allowed under the loan instruments, permitted by law, Or imposed for services actually rendered ; F. Misrepresenting, expressly or by implication, the amount, nature, or terms ofany fee or other condition or requirement ofany loan ; and A. Charging for force placed insurance 2 XXXX written notices to the consumer providing clear and conspicuous notice ofthe procedures by which the consumer may already has insurance coverage. 
C. Force placing insurance on a consumer 's home. ( FLOOD-IN POLICY ) Ill. 

Are hereby permanently restrained and enjoined, in connection with the servicing ofany loan, from assessing and/or collecting any fee unless it is for services actually rendered and is a ) expressly authorized, and clearly and conspicuously disclosed, by the loan instruments and not prohibited by law ; b ) expressly permitted by law and not prohibited by the loan instruments ; o r c XXXX a reasonable fee for a specific service requested by a consumer that is assessed and/or collected only after clear and conspicuous disclosure ofthe fee is provided to the consumer and explicit consent is obtained from the consumer to pay the fee in exchange for the service, and such fee is not otherwise prohibited by law or the loan instruments. 

V Are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from assessing and/or collecting the following fees : A. Fees for demand letters or any other collection letters or notices ; B Fees for property inspections, provided that Defendants may impose reasonable fees for property inspections actually performed if ( 1 ) the consumer 's loan payment has not been received within forty-five ( 45 ) calendar days ofthe due date ; and ( 2 ) the inspections are limited to the initial inspection and to additional inspections during the period of continued delinquency not more frequent than every thirty ( 30 ) calendar days and only ifDefendants ( a ) have been unable to contact the consumer for the previous thirty ( 30 ) calendar days or ( by have been able to contact the consumer but have determined that the mortgaged! property is vacant ; and C.Fees for broker 's price opinions, provided that Defendants may impose reasonable fees for a broker 's price opinion ordered and actually performed if : ( I ) the consumer 's loan payment has notbeen received within sixty-three ( 63 ) calendar days ofthe due date ; and ( 2 ) the broker 's price opinions are limited to the initial broker 's price opinion and to additional broker 's price opinions during the period ofcontinued delinquency not more frequent than every six ( XXXX ) months.

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