Consumer complaint received 2018-01-11
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX XXXX alleged to have acquired a loan from XXXX whom alleged to have acquired a loan from XXXX XXXX XXXX with forged documents and thereafter identity theft whereas how the loan was created and came about. When the banks where requested to to a Qualified written request XXXX was no longer in business, thereafter XXXX responded " we acquired the loan XX/XX/XXXX without verifying and validation just a letter stating we own your loan with multiple phone calls of threats of foreclosure and that it was good business to do so. Thereafter XXXX alleged that they acquired certain assets from XXXX when in fact they where given certain unknown assets from XXXX and was never clarified verified and validated. The first letter was sent to XXXX XXXX as the Qualified written request XX/XX/XXXX, again in XX/XX/XXXX and again in XX/XX/XXXX thru XX/XX/XXXX whereas they did nothing but make threats and attempts to trick us into bandaids cloaked and hidden as a loan modification whereas the loan would increase by {$20000.00} to {$30000.00}. Wherein all the time we continued to let them know we did not sign a contract or a mortgage with XXXX XXXX XXXX. Whereas XXXX XXXX XXXX may have obtained our private information from XXXX XXXX XXXX. They XXXX XXXX and now sold to Select Portfolio Servicing aka SPS stated that the investors where MERS XXXX and XXXX and XXXX XXXX  are the trustees. When we asked SPS for a verified validated documents meaning signatures backed by law and or an affidavit they stated that we could travel to XXXX XXXX XXXX to verify documents which seems like a threat and a set up. Who in there right mind would travel that far to see documents that could be mailed to and back to the alleged servicer SPS and XXXX XXXX? That sounds strange. As well a letter presented with facts and law as in a correct response provided by XXXX XXXX XXXX stating that they have nothing to do with this alleged loan and that the loan they where involved in the year XX/XX/XXXX was paid off sold transferred. Such information provided by XXXX is very accurate and provide truth and light to the facts of our complaints since day one as of with the CFPB XXXX XXXX XXXX and such the like in times presented to multiple agencies. 1024.36 Requests for information. In fact XXXX stated that the request was done in error due to the fact that the loan numbers had changed and that it had been originated with XXXX in XX/XX/XXXX whereas XXXX XXXX now SPS claims the loan was originated XX/XX/XXXX. XXXX XXXX the notary on the alleged presented docs are forged by her and possibly someone else. We the home owners did not meet with XXXX XXXX on XX/XX/XXXX. So the question is who did she meet with and how did she record documents within the XXXX XXXX County Registrar Recorder of Deeds office? In fact a notary must make sure she has signatures of the assignees aka home owners in a notary book all notaries keep with matching signatures and ID numbers which is recorded by the notary and requested by law so that identity theft does not occur. More issues, on several documents produced and provided by XXXX and now SPS there are thee different documents, one with no initials from XXXX XXXX XXXX, with handwritten numbers another blank document, and the third with new bar codes without initials. On the documents presented by XXXX XXXX XXXX now SPS they have multiple issues, one they are  forged, two no matching signatures or ID numbers three no notary book whereas the assignees must sign and four no signers present. This is forgery which lead to the identity theft and creation of the alleged loan. XXXX Error resolution procedures. Also Notice of error.A servicer shall comply with the requirements of this section for any written notice from the borrower that asserts an error and that includes the name of the borrower, information that enables the servicer to identify the borrower 's mortgage loan account, and the error the borrower believes has occurred. A notice on a payment coupon or other payment form supplied by the servicer need not be treated by the servicer as a notice of error. A qualified written request that asserts an error relating to the servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request. XXXX XXXX sold the loan thereafter they notice two different letters were going out, one from the manager XXXX XXXX from the research department whom stated in a letter XX/XX/XXXX that the loan did or does not exist in their records. The second letter whereas XXXX XXXX stated the loan was real with no verification but allegations and threats attempting to place the home owners under duress hoping they would simply make payments then stated on the back of their letter that " the words mortgage loan and such the like does not mean you owe but if you do make payments its voluntary.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation