Consumer complaint received 2017-03-24
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
Pursuant to the California Revenue and Taxation Code the California Franchise Tax Board on XX/XX/XXXX, forfeited all powers, rights and privileges from a mortgage banker known as XXXX. XXXX is identified as a Foreign Corporation with the California Secretary of State with a corporation file number XXXX whose address was XXXX, XXXX, CA XXXX with XXXX as Chief Executive Officer, Secretary, and Chief Financial Officer. The California Revenue and Taxation Code states that when a foreign corporation has its powers, rights and privileges forfeited that " any contracts entered into during the forfeiture are voidable at the request of any party to the contract other than the suspended or forfeited corporation. Such contracts will remain voidable and unenforceable unless the corporation applies for relief from contract voidability and the Franchise Tax Board grants relief. '' See Cal. Rev. & Tax. Code 23304.1. Additionally there are tax fines by the California Franchise Tax Board for entities that violate their forfeiture status. XXXX remains out of business today per the Secretary of State of California and no transfers or mergers have occurred. 

XXXX, entered into a contract with me in California AFTER the XX/XX/XXXX date for XXXX residential home loan contracts which consisted of Deeds of Trusts and promissory notes. All three residential home loan contracts which consist of Deeds of Trusts and promissory notes at my request as the law provides have been voided. No foreclosure sale can take place by XXXX because the contract ( Deed of Trusts ) are voidable and unenforceable as the California law states. 

The problem today is that Select Portfolio Servicing , Inc. and XXXX are debt collectors and both companies are conspiring and attempting aggressively and illegally foreclose on my home with a sale date of XX/XX/XXXX. Both claim that they have the right to do that from XXXX and they reference a voided and unenforceable Deed of Trust that was recorded with the XXXX County Recorder AFTER the XX/XX/XXXX date that XXXX as Mortgage Banker and Lender was not allowed to do business in California. 

Select Portfolio Servicing Corporation started harassing me in XX/XX/XXXX and XXXX in XX/XX/XXXX. XXXX has recorded a Substitution of Trustee document and a Notice of Default and Trustee Sale without my permission, without proper verification and validation of debt, and they are placing themselves into a voided and unenforceable contract that they have no standing or right to be in. I have written both debt collectors and told them in witing to Cease and Desist the foreclosure action and both companies ignore my written letters and documentation of the voided and unenforceable contract. 

I have also filed a Police Report for Identity Theft against both debt collectors because I did not provide these companies with any of my financial and personal information and they have created an account in my name and without my permission. 

Here are the names, addresses, and phone numbers for these XXXX debt collectors : Select Portfolio Servicing , Inc., XXXX, XXXX UT XXXX, Phone is XXXX. 
XXXX, XXXX, XXXX, CA XXXX. Phone is XXXX. I have researched these debt collectors and they are high volume foreclosing businesses active in California.

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