Consumer complaint received 2017-01-22
Company: SELECT PORTFOLIO SERVICING, INC.
State: NM
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Settlement process and costs

Complaint:
This is in reference to CFPB Case number : XXXX. On XXXX/XXXX/XXXX I submitted a complaint about Select Portfolio Servicing ( SPS ) in reference to account number XXXX. 
On XXXX XXXX, XXXX I received a response from SPS. In this response SPS clarified the following : Prior Response : On XXXX XXXX, XXXX, SPS sent a response advising that a response would not be provided because more than a year had passed since SPS has serviced your account. SPS is the current servicer of the account and we apologize for any confusion our previous response may have caused. 

Validation of Debt In your inquiry, you have requested that we provide evidence of the debt. SPS is a mortgage servicer and the servicing of your account was transferred to SPS on XXXX XXXX, XXXX. I have enclosed a copy of the Notice of Assignment, Sale or Transfer of Servicing Rights evidencing this transfer. As a servicer, we service the account according to the terms of the Note and Mortgage. Please find enclosed a copy of the Note and Mortgage that were signed by you during the origination. 

Lien Release In your inquiry, you requested clarification relating to your mortgage lien. We have reviewed your account and as of XXXX XXXX, XXXX, we have made a business decision to cease collection of this account. As of the date of this letter, SPS has submitted the request to have the lien released. SPS has reviewed and responded to your inquiry as discussed above. You may request, and we will provide, at no charge, copies of the documents that we relied on in reaching our determination. If we can not provide such documents because they are privileged or proprietary we will advise you. 

This letter was sent by XXXX XXXX, Consumer Ombudsman Specialist On XXXX XXXX, XXXX I called the Ombudsman Department. The phone was answered by XXXX XXXX XXXX, I asked to speak to XXXX XXXX. XXXX XXXX informed me that XXXX XXXX was busy and that he could help me. 
I gave XXXX XXXX the CFPB case number as well as the SPS account number. During our conversation I asked how long it would take to receive the title. XXXX XXXX responded stating that the process could take 30-45 days. And, that the lien release request is sent to a different department. XXXX XXXX did not state the department name and I did not ask. 
I then asked XXXX XXXX, who receives the lien release. XXXX XXXX stated that it is sent to the County of residence. 

I then asked for a copy of the lien release to be sent to me. XXXX XXXX informed me that I would receive a copy of the lien release form either the County or both SPS and the County. 

On XXXX XXXX, XXXX I called the SPS Ombudsman Department because I had not received any correspondence from the County or SPS. 
I again spoke to XXXX XXXX. I gave XXXX XXXX the CFPB case number as well as the SPS account number. I informed XXXX XXXX that I had not received correspondence stating that the lien release has been finalized. I reminded XXXX XXXX that during our conversation on XXXX XXXX, XXXX he stated that process takes between 30-45 days. XXXX XXXX 's response was that his notes stated that it could take a while. XXXX XXXX also said that I misinterpreted the letter and that SPS would not release the lien without some type of payment. I informed XXXX XXXX that the Statute of Limitations had expired and that since they chose to make a business decision to cease collection of this account SPS could not pursue collection. At that time XXXX XXXX put me on hold so he could speak to XXXX XXXX. When XXXX XXXX came back on-line he informed me that XXXX XXXX sent an email to the supervisor of the department that processes the lien release to find out the status of the lien release.

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