Consumer complaint received 2016-08-12
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
This is a Claim of continuous XXXX violations pursuant to FDCPA 15 U.S. Code 1692e - False or misleading representations, XXXX Unfair Practices, violations of XXXX Georgia statute of limitation and XXXX Section XXXX fraudulently naming a fictitious secured creditor to facilitate a unlawful non-judicial foreclosure : These violations require urgent attention by the CFPB Administrative Tribunal in that the continuous nature of the deceptive acts are in defiance of state and federal laws and regulations and is causing severe harm to us. 

1. I incorporate by reference Complaint # XXXX as if stated verbatim herein, and ask this Administrative Tribunal to take Judicial Notice of the evidentiary Exhibits cited in paragraph XXXX of the referenced complaint. Whereas, SPS Inc. in its response to the Complaint cited above failed to deny, dispute or even mention the Exhibits proffered as proof that the account was charged-off and closed by XXXX on or before XXXX XXXX, XXXX, long before it was sold to SPS Inc. in XXXX. See XXXX ( charge-off ) then see XXXX ( account closed ), then see XXXX ( date relevant to when account was sold ). 

2. SPS Inc. filed an electronic response with this agency on XXXX XXXX, XXXX, and also response to me by way of U. S. mail on XXXX XXXX, XXXX. The response included XXXX ( + - ) pages of loan account documents that are void by operation of law, thus irrelevant, immaterial and unenforceable, and can not be the bases for a non-judicial foreclosure. 

3. the documents SPS Inc. sent in response to case # XXXX are void because the account was charged-off and closed by XXXX on or before XXXX XXXX, XXXX, as evidenced by the exhibits cited in paragraph XXXX of Compliant # XXXX. 

4. SPS Inc. written response sent to me by way U.S. mail on XXXX XXXX, XXXX is meant to, and does exclude the CFPB from examining the Notice of Sale Under Power. Select Portfolio Servicing Inc. and XXXX XXXX, XXXX are using void, documents and instruments yet again, to make the representation and implication that seizure, attachment, or sale of our property in a non-judicial foreclosure sale is imminent unless a loan modification or short sale is agree too by us - although no security interest in our property exist. The unlawful foreclosure sale is scheduled for XXXX XXXX, XXXX. See EXHIBIT-L, SPS Inc. ( sales under power notice ). 

5. In case # XXXX I made a demand to SPS Inc. to cease and desist which was ignored, as well as the allegations made in the complaint. None of the questions raised was addressed ( not answer ), and SPS Inc. and XXXX XXXX XXXX. has, as of XXXX XXXX, XXXX failed to cancel the pending unlawful non-judicial foreclosure sale and send notice that the sale schedule for XXXX XXXX, XXXX is canceled. 

6. I am Requesting the CFPB Administrative tribunal to issue a order enjoin Select Portfolio Servicing Inc., hereafter ( SPS Inc. ) and XXXX XXXX XXXX from any further foreclosure action since the account has been charged-off, closed and now time barred.

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