Consumer complaint received 2016-03-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
Greetings, XXXX XXXX XXXX XXXX XXXX company on behalf of Select Portfolio Servicing ( SPS ) has filed a fraudulent notice of trustee sale which is due to occur on XXXX XXXX, XXXX at XXXX when all payments on a non existing loan to me has been received and i have proof positive of that, see declaration of ex police officer and currently private investigator, XXXX XXXX XXXX XXXX. Also see expert witness affidavit who is an attorney that have signed verified affidavit under oath that XXXX XXXX as the alleged " Document control officer '' has been falsifying instruments on behalf of well over a dozen various companies as numerous titles when XXXX XXXX has been working for SPS at all times, in order to commit and perfect this crime of grand theft wo steal my home, both my sister and I take turns in taking care of our XXXX mother, our entire life has been shattered by these theives, i have ample proof of securities fraud, commited and perfected by the title company, the servicer ( SPS ) and XXXX XXXX XXXX XXXX XXXX XXXX and bank XXXX and numerous attorneys and judges. i need your help in stopping these criminals stealing my home and devastating my family and my peace and harmoney. While waiting for the attorney and SPS to supply basic information so that i could enter into an alleged loan modification program with SPS and the alleged investor, the attorney advised me that i need wait for the information to arrive while at the same time SPS and XXXX XXXX XXXX perfected their dual tracking and filed for a notice of sale on my property, in opposition to the California Home owner Bill of Rights ( XXXX ), see attached my communications with the attorneys and the counsel for XXXX XXXX XXXX company.Moreover, i rescinded the the alleged transaction which created a bar, or estoppel, against any and all claims or standing under the contract 's void nature that the statute creates by design and intent of the legislature. By retaining TILA 's straightforward rescission process, exercisable by a homeowner and not requiring judicial oversight, XXXX endorsed the Federal Reserve Board 's contemporaneous and longstanding interpretation that the right is exercised solely through notice. 
'' To exercise the right to rescind, the consumer shall notify the creditor of the rescission by mail, telegram or other means of written communication. Notice is considered given when mailed, when filed for telegraphic transmission or, if by other means, when delivered to the creditor 's designated place of business. '' XXXX C.F.R. XXXX XXXX a ) ( 2 ). This core language has remained in place since XXXX and inures to my benefit. Furthermore, all payments have been received by all the parties and there is absolutely no default, see attached Exhibit, Declaration XXXX and currently private investigator, XXXX XXXX XXXX XXXX. While communicating with Defendants and awaiting for SPS ' response at the request of SPS ' attorney, XXXX XXXX XXXX, see attached Exhibit page XXXX, for a " Loan Modification '' or full settlement, on or about XXXX XXXX, i notices noticed that a Notice of Sale has been recorded on my property with a sales date XXXX XXXX, XXXX at XXXX am. SPS and its co parties have perfected their dual tracking which is against the law further damaging me [ Dual Tracking, California Home Owner Bill of Rights ( " HBOR '' ) ]. CFPB recently filed for an amicus brief on behalf of a homeowner against XXXX which i also have attached. Please stop these criminals, they are ruining my life and millions of other Americans, thank you.

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