Consumer complaint received 2015-03-24
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
The PremisesThe Adjustable Rate Note on the subject loan is dated XX/XX/XXXX. The parties are XXXX, the borrower and XXXX XXXX XXXX XXXX XXXX, the originating lender. The Deed ofTrust dated on the same date. The parties are the borrower, XXXX XXXX, the co-borrower, the originating lender, MERS, which is named as nominee for the lender and beneficiary, andXXXX XXXX XXXX XXXX, the trustee. 
The subject loan has been securitized into XXXX XXXX Loan Trust XXXX. ThePooling and Servicing Agreement of the mentioned trust requires that the Adjustable RateNote should be endorsed by XXXX XXXX XXXX XXXX XXXX, the originating lender and sellerto XXXX, XXXX, the depositor and by the depositor to XXXX, the trustee. 
Consequently, the Deed of Trust should have been assigned by the originating lender and tothe depositor and by the depositor to the trustee. 
The chain of endorsements and assignments are also set to be followed in order qualify thetrust as a XXXX under the Internal Revenue Code. 
The mortgaged property has been foreclosed in favor of XXXX XXXX, XXXX XX/XX/XXXX 
The Note must be endorsed properly when the Security Instrument has been assigned. If thisdoes not occur, there is a separation of the security instrument from the debt instrument. 
Separation violates Paragraph 20, a XXXX XXXX in the Security Instrument contract. 
Additionally, any instance in which a successor trustee has been designated, but noThe Main Issues1. The subject loan was securitized. However, there were no documents to show thecompliance of the series of endorsements and assignments that:1.1. are required by the Pooling and Servicing Agreement ; and1.2. each constitutes a true sale from the originating lender to the seller, from the sellerto the depositor, and from the depositor to the trustee in order to ( a ) qualify thetrust as a XXXX and ( b ) give the trust the status of a holder in due course that wouldprotect it against adverse claims from the loan 's originator. 
2. There is prima facie evidence that the signatures on the Assignment of Deed ofTrust and Substitution of Trustee have been forged. 
3. No document was presented in this examination or recorded in the Voluntary LiensReport which shows that the trustee representing in foreclosure has been duly appointed. 
Details of these findings are discussed in the pages that follow. 
This report is authorized for use by both the borrowers and/ or their attorneys. Thecontent constitutes written evidentiary findings. The expert whose name appears at thebottom of this report supports its findings. The audit service is a " qualified '' veteranMortgage document analyst company and an independent party with no financial interestin the outcome of this case. I stand ready to testify in any State or Federal court as awitness in support of the attorney 's foundation of evidence and judicial notice. Thisreport is based upon facts, documentation, investigation and review of the evidencesupplied. 
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