Consumer complaint received 2016-04-13
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Dear Sir/Madam For nearly 5 years, Select Portfolio Servicing and its agents, attorneys and principles have attempted to extort monies from me to the point of physically making me and my family sick. Eventually, they falsified a notice of trustee sale and forced me in bankruptcy ( chapter XXXX ) when there is no money due to them whatsoever. As the declaration of ex police officer and currently private investigator shows which is attached, there is no default whatsoever and all payments on a non existing loan has been received by these group of money launderers and ponzi schemers. 
1. To get on with my life and to close the chapter on this criminal racket aided and abetted by some people who are entrusted to dispense justice and since i : have significant amount of equity in this property, i : put up my property for sale and within about 10 days, we were offered an offer and accepted that offer. i : then contacted Select Portfolio Servicing ( " SPS '' ) and its agents, attorney XXXX XXXX ( Tel : XXXX XXXX, email XXXXXXXXXXXX ) and requested a pay off amount. SPS and its agent supplied an amount which is not only contradictory with what they have been provided to me before which varies quite a lot than what was provided but also this amount is more than $ XXXX than what the expert witness who was an ex police officer and currently private investigator has provided ( which is about {$830000.00} as of XXXX 2015 ), see attached. In addition, the expert witness explicitly indicates that the amount he indicates excludes the insurance payouts and all other incentives ( such as TARP et al ) that SPS has received on behalf of my note and security that i : rescinded and for my note and security that i : rescinded. Moreover, when you see the note ( see attached ), SPS prefer to side-step the basic rules of pleading by creatively attempting to get relief to ignore the statute and its effects AND the fact that the alleged contract is void in fact and in law, Code of Federal Regulations 617.7010 Title 12 - Banks and Banking Title PART 617 - BORROWERS RIGHTS Subpart A - General Item ( c ). In practice, CFPB should reject and/or strike, XXXX XXXX, the pleadings offered by SPS/Countrywide here because the alleged contract ( the forged note ) is void and not voidable. The alleged note, which is bearing forged signatures violates legislative act, specifically it violates 12 CFR 617.7010 ( c ) which requires, " ..the borrower 's written waiver must contain a statement that the borrower was represented by legal counsel in connection with execution of the waiver. '' XXXX. added, 12 CFR 617.7010 ( c ), see attached paragraph XXXX " WAIVERS ''. Since i : was not " represented by legal counsel '', the alleged note and security is void in fact and in law and no rights arise from a void contract, 12 CFR 617.7010 ( c ). Because per Code of Federal Regulations 617.7010 Title 12 - Banks and Banking Title PART 617 - BORROWERS RIGHTS Subpart A - General Item ( c ), the borrower 's written waiver must contain a statement that the borrower was represented by legal counsel in connection with execution of the waiver and i : was not represented by legal counsel in connection with the execution of said waiver involving the property specifically addressed and identified as XXXX XXXX XXXX, XXXX, State of California XXXX and known by legal description stated in the attached exhibit and pertaining to alleged account # XXXX allegedly serviced by Select Portfolio Servicing , Inc. ( " SPS '' ), the alleged note and security is void, 12 CFR 617.7010 ( c ). SPS and its attorneys are attempting to extort monies and property from me, even when in good faith i : am selling my property, they still falsify amounts to continue to extort monies from me on an unsubstantiated debt. In fact, the previous attorney offered the home to me with a bit of money and for them to just walk away.

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