Consumer complaint received 2016-02-27
Company: Specialized Loan Servicing Holdings LLC
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
Friday, XXXX XXXX, XXXX Specialized Loan Services ( SLS ) XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, CO XXXX Dear SLS : Thank you for the response to my letter dated XXXX XXXX, XXXX, regarding validation of debt for the mortgage account number XXXX. 

As you indicate, you have found no errors in the documents you relied on in reaching your determination. Please provide the documents you relied upon in reaching your determination to me. 

To expedite a resolution, please review this summary of facts, including the identification of documents, that I rely on to question the validity of the debt claim by XXXX XXXX XXXX ( XXXX ) on mortgage account number XXXX, your efforts to collect the XXXX debt including placing my account in past due status adverse to my credit records. 

XXXX XXXX Bankruptcy Trustee final payment XX/XX/XXXX XXXX demanded {$3100.00} for XX/XX/XXXX Mortgage Payment Contacted XXXX and questioned the demand XXXX denied making an error in demanding {$3100.00} Paid RCS {$3100.00} XX/XX/XXXX XXXX loan account number XXXX showed : XXXX applied the {$3100.00} payment in XXXX to a prior claim of debt in XXXX XXXX XXXX applied prior payments under bankruptcy to a prior claim of debt XXXX XXXX XXXX applied prior payments under bankruptcy to a prior claim of debt in XXXX XXXX Contacted XXXX and questioned the financial practice of applying payments made to the Bankruptcy Trustee and my XX/XX/XXXX payment to prior claims of debt in XX/XX/XXXX, XX/XX/XXXX and XXXX XXXX. 
XXXX asserted the right to collect past due debts from XXXX XXXX forward, representing a total of {$26000.00}, including {$900.00} in legal fees. 
Paid XXXX {$1600.00}, the mortgage payment due under the terms of my bankruptcy plan. 
Raised the issue about court documents submitted by XXXX attesting to the fact that all monies owed on mortgage loan number XXXX, in Bankruptcy, were paid and mortgage loan number XXXX, was current and in good standing. 
XXXX filed a notice of mortgage change to take effect XXXX XXXX, XXXX, in the amount {$3100.00} XXXX XXXX acknowledged an error. XXXX recalculated the loan transaction history indicating payments had been received through XXXX XXXX, XXXX XXXX transferred the loan to SLS XXXX XXXX Paid SLS {$3100.00} for XX/XX/XXXX mortgage SLS applied funds to debt claimed by XXXX for the XX/XX/XXXX Mortgage XX/XX/XXXX Notified SLS in writing that the debt claimed by XXXX is disputed Paid SLS {$3100.00} for XX/XX/XXXX mortgage SLS finds no error in the documents researched The documents relied on to question the validity of the debt claimed by XXXX include court documents, mortgage payment receipts, and online mortgage records maintained by XXXX. 

The court documents filed by XXXX regarding mortgage loan XXXX, the amount, {$19000.00}, to cure the default in the Notice of Final Cure Payment confirmed that the default was cured and the mortgage loan payments were current as regards to post-petition payments as of XXXX XXXX, XXXX. 

XXXX did not mention additional debt including a debt for attorney 's fees in the amount of {$900.00} added to the loan and not collected. XXXX did not file a notice of change to the mortgage payment of {$1600.00}, as well. 

When confronted with court documents and the loan transaction history showing that XXXX reported one set of facts, no outstanding debt, to the court ; and another set of facts to me, {$26000.00} in outstanding debt, XXXX adjusted the set of facts used to collect, from me, additional debt occurring during bankruptcy. XXXX engaged in backdating payments for a total of {$4800.00} in overpayments for a period of three months on a claim of debt. 

My XX/XX/XXXX and XX/XX/XXXX mortgage payment receipts to XXXX total {$4700.00}, or approximately {$1500.00} over the actual amount due in XX/XX/XXXX and XX/XX/XXXX. This overage vanishes under XXXX financial accounting practices, which appear to apply overages in escrow to pay

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation