Consumer complaint received 2021-12-28
Company: SELECT PORTFOLIO SERVICING, INC.
State: KY
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
XXXX XXXX fabricated owner ship of my Mortgage and Note indicating they have a legitimate assignment when the assignments are illegal. My signature was forged along with the fabricated documents that I did not sign or have a chance to review. To make things worse XXXX XXXX has refused to show documents to me that show that they have standing such as the documents that show the origination of my loan, the funding of the mortgage and other pertinent documents that prove they have the right to assign the loan to another entity. 
As the Servicer of the mortgage Select Portfolio has a Fiduciary responsibility according to CFPB Regulation X provision 12 u.s.c. 2605 ( e ) Other CFPB Regulations to assure that the customers payments are posted correctly, and that the debt is accurate. The intentional slackness and indifference of both XXXX XXXX and Select portfolio have ignored the fraudulent assignments of the note and mortgage which makes them part of the conspiracy to steal my home. I sent the documents to XXXX XXXX and Select Portfolio to prove to them that they have no standing and that the XXXX XXXX XXXX XXXX was dissolved in XXXX and did not have a license in the state of Kentucky to originate loans and mortgages. XXXX XXXX, XXXX and Select Portfolio have ignored the official documents and refused to adhere to the regulations. Also they are in violations of our KY KRS 286.8-090 ( g ) ( h ) ( i ) 286.8-220 ( 1 ) ( 2 ) e. g. I. 286.8-990 ( 1 ) ( 2 ) c. d. ( 11 ) which would subsequently void the loan. 
Enacted in XXXX, the Truth in Lending Act ( TILA ), which is part of the Consumer Credit Protection Act, is a federal law that sets forth certain written disclosure requirements. These regulations and the laws have been totally ignored by XXXX XXXX, the XXXX, and Select Portfolio Servicing. 
XXXX XXXX as the Trust for XXXX XXXX XXXX XXXX XXXX XXXX and the others are in violation of Federal laws because of the Trusts lack of standing and my property that clouds the title in the Trust collateral pool. 
Select Portfolio and XXXX XXXX state that they received the transfer of the note and mortgage XX/XX/XXXX, however they have no information on the documents that show the origination or the closing documents and continue to lie about it.. I have disputed the debt and sent supporting documents the first time I was notified by SPS that they were the servicer. I also sent the Notice to XXXX XXXX to dispute the debt. I also made the request to SPS to send a corrected payment history and the information on the origination of my loan. 
I informed SPS that there were payments not posted to my account and that XXXX had fabricated the property taxes. I sent proof to SPS to show that I paid the property taxes in XXXX XXXX after the mediation, and that the inflated property taxes on my mortgage statement are fabricated. 20K and 11k for my property tax is ridiculous for a home that SPS stated is valuded at XXXX. I also informed SPS that I had homeowner insurance. They put forced place insurance with out my knowledge and charged me for the insurance. They can not continue ignore the request to remove those charges for the insurance and send the origination information as requested. CFPBregulation x I made it clear to Select portfolio and XXXX XXXX that the XXXX XXXX was dissolved in XXXX and that the Power of Attorney was a Robo signer, XXXX that could not have legitimately signed the documents for the Note or Mortgage, in addition who would have authorized it since the XXXX XXXX was dissolved XXXX, supposedly the Power of Attorney was lodged in XX/XX/XXXX. When XXXX filed the county recorder could not record the assignment because it was prepared incorrectly a total of three attempts to get the assignment recorded which was not actually accepted until XX/XX/XXXX. On top of filing the fraudulent documents the documents were prepared incorrectly and notarized by a ROBO notary.. 
XXXX XXXX as the Trustee and Select Portfolio Servicing have continued to ignore the official information sent to them so they can continue to perpetuate the lies and fraud alone with the conspiracy to steal my home. However not only my home in this City but over 600 others in this area with the same situation. 
This is a very poor excuse for a company that generates Billions in Revenue with an International connection with international investors and the history that the Parent company has. The history of servicing residential home loans and financing mortgages goes back over 50 years with XXXX XXXX the original parent company to state they can not get the origination information or mortgage documents. 
Maybe that is because there was no funding and no documents.. 

Customers are very unhappy, if you want to know just how unhappy consumers are with Select Portfolio Servicing, look at the lawsuits filed against the agency on the Public Access to Court Electronic Records ( PACER ). PACER is the U.S.s federal docket which lists federal complaints filed against a wide range of companies. A search for the agency will display over 5,400 lawsuits filed in the U.S., and these typically involve violations of consumer rights and/or the Fair Debt Collection Practices Act ( FDCPA ) XXXX XXXX Select Portfolio Servicing XXXX XXXX Select Portfolio Servicing/Parent organizations SPS has serviced residential mortgage loans for more than 30 years and XXXX transactions for 19 years. SPS is wholly owned by XXXX XXXX and acts as a key component of its parents residential mortgage conduit. XX/XX/XXXX Select Portfolio Servicing was created as a XXXX company in XXXX. Filings with both the XXXX Secretary of State and the U.S. Securities and Exchange Commission ( SEC ) confirm this. Filings with the XXXX XXXX and XXXX would more accurately confirm that XXXX XXXX XXXX was created as a XXXX company in XXXX. 
XXXX XXXX ( the parent company of XXXX XXXX XXXX was owned in part by XXXX  XXXX XXXX XXXX, and bond guaranty firm XXXX XXXX XXXX. 
In XX/XX/XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX agreed to pay {$40.00} million to settle with the FTC and the U.S. Department of Housing and Urban Development ( HUD ), [ 1 ] which charged them with engaging in a number of unfair, deceptive, and illegal practices in the servicing of subprime mortgage loans. The Commission distributed the {$40.00} million as redress to affected consumers. The settlement also imposed several specific limitations on XXXX ability to charge fees and engage in certain practices when servicing mortgage loans. 
XXXX changed its name to Select Portfolio Servicing, Inc. effective XX/XX/XXXX, according to its Articles of Amendment. Around the same time XXXX XXXX renamed itself to SPS XXXX XXXX. 
In XXXX, Select Portfolio Servicing was purchased by XXXX XXXX, a financial services company, headquartered in XXXX, XXXX. According to a Securities and Exchange Commission report ( XXXX : XXXX ) filed XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX now known as XXXX XXXX , purchased Select Portfolio Servicing and its XXXX holding company for {$140.00} million. XXXX XXXX XXXX Investment Banking Strategy [ 2 ] included " the acquisition of Select Portfolio Servicing, a mortgage servicing company. '' In XXXX, the FTC conducted a review of Select Portfolio Servicings compliance with certain aspects of the XXXX settlement. The FTC and Select Portfolio Servicing negotiated and agreed to several modifications of the settlement. [ 3 ] HUD has also agreed to these changes. 
As of XX/XX/XXXX, Select Portfolio Servicing 's current CEO and President is XXXX XXXX. [ XXXX ] I continue to question Select Portfolio Servicing charges due to the inflated balance of my loan since they took the loan over in XX/XX/XXXX. The loan has increased from the balance that XXXX transferred to them in XXXX over 80k. There were payments that were not posted and the payments that I made to the Bankruptcy Trustee were never credited to my account. This is currently being review by the US Department of Justice. Select Portfolio Servicing refuses to make corrections to my mortgage account in violation to CFPB regulation. 

Several documents that were mentioned in the companys response are incorrect such as the Uniform Residential Loan Application and the Settlement statement, I have the original loan application and Settlement statement, the dates were changes and the attorneys notary is incorrect. Those documents were changed. 
Select Portfolio Servicing concerning the most recent refusal to post payments made to them concerning my account from XX/XX/XXXX to XXXX of XXXX. Claiming that the payments are posted to the arrearage from a previous Servicers, yet they have no proof of the real balance. Select Portfolio Servicing has indicated they can not validate the origination of my loan or any prior payments that I made to XXXX, XXXX XXXX, Associate and the XXXX XXXX XXXX XXXX, The entire loan should be voided because there are no records of prior payments, origination documents or records to show that my loan was funded. 

I emailed Select Portfolio Servicing copies of the payments showing that the property taxes and insurances were paid they refused to post the most recent payments I made for the current year for my property tax. I believe they want to continue to inflate the balance of my mortgage account knowing the information they have is incorrect. I have never been without homeowners insurance on my home however SPS put XXXX XXXX XXXX on my home anyway, but later had to remove the XXXX XXXX XXXX They continue to charge me for a {$2200.00} payment that they claimed they made to my homeowners even though they sent a letter indicating they made the correction. SPS continues to harassment me by withholding payments from my account that I have shown canceled checks. I believe that I am being discriminated against due to how I am being treated concerning my mortgage because I believe that they post payments for other clients at a higher percentage correctly than they do for people of color this information is based on the high percentage of complaints made concerning foreclosure in our communities. 

My original contract did not provide an escrow account or escrow agreement. I am not sure why SPS continue to say that I have an escrow balance. If Select Portfolio Servicing can not validate what I owe clearly then this is harassment. They have the cancel checks that I sent to them by way of their attorney more than twice. 

I have requested proof from Select Portfolio Servicing that they paid the property taxes and the insurance. They refused to show the information to me yet continue to state that they paid taxes which is not true. I have formerly sent the copies to their attorney from my attorney. They still will not show the validation of those payments they say they made concerning my taxes. This is beyond harassment and now has become discrimination in addition to the violation of the fair Debt collection Act. ( FDCPA ). 

XXXX XXXX XXXX has been designated a Robo signer used by the XXXX group to forge and change documents concerning notes and mortgages., therefore because XXXX was involved in my mortgage I dispute the legitimacy of the signature, the notary and the documents that were filed. XXXX was fined over XXXX for attorney fees due to using this

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