Consumer complaint received 2016-04-01
Company: SELECT PORTFOLIO SERVICING, INC.
State: NJ
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Select Portfolio Servicing ( SPS ) was sent a Qualified Written Request, by us, under RESPA law, to respond to accounting of our mortgage payments and mortgage payoff in year XXXX ( see attached ). In XXXX XXXX, SPS recorded an Assignment of Mortgage and Discharge of Mortgage, with no Power of Attorney, in our XXXX XXXX XXXX Office, thus, restarting the Statute of Limitations for violation of federal law. Assignment/Discharge are recorded on behalf of XXXX XXXX XXXX Bank, who has denied any knowledge of a loan with us, any receipt of payments by us, and any receipt of mortgage payoff, by us, for any trust or loan administered by XXXX XXXX XXXX Bank. A separate complaint against XXXX XXXX XXXX Bank is pending before the CFPB -- complaint # XXXX. This complaint against Select Portfolio Servicing XXXX Inc. ( SPS ) is to report violation of federal law, RESPA, by SPS 's failure to respond to our QWR, under RESPA, as to accounting of our mortgage payments, and mortgage payoff ( see attached ). SPS simply states, in contradiction to XXXX XXXX XXXX Bank testimony ( see attached ) that XXXX XXXX XXXX Bank was a note holder. SPS fails, under the law, to account for accounting of our mortgage payments and mortgage payoff. Under RESPA law, it was requested that a full accounting of mortgage servicing for payments, and mortgage payoff be provided. SPS failed to provide such accounting, and, instead, states : " At the time of the payoff, XXXX Trust Company, as trustee, on behalf of the holders of the XXXX XXXX XXXX XXXX XXXX XXXX Certificates was the Note Holder of the account, and SPS was the mortgage servicer. '' SPS fails to provide an accounting to XXXX XXXX XXXX Bank, on behalf of any trust, investors, or certificate holders, or to any other party, of our mortgage payments and mortgage payoff. A note holder does not mean mortgage payments or mortgage payoff was forwarded to that entity, as XXXX XXXX XXXX Bank, denies knowledge of us, or any loan by us, and receipt of payment by us. We await XXXX XXXX XXXX Bank 's response to complaint # XXXX, and request that all this information be forwarded to appropriate authorities, including investor agencies. SPS claims that certain requested QWR information is proprietary or confidential. We believe this is a violation of federal law -- including RESPA. SPS also states that " more than a year has passed since SPS has serviced your mortgage account, '' but SPS fails to explain why they would be recently servicing our mortgage account since it was supposed to have been paid by us in year XXXX, but no accounting as been provided ( see attached ) despite payoff and payoff quote.. Credit reports reflected ongoing reporting inaccuracies - despite recent deletion ( see attached ). And, credit reports reflected inaccurate and invalid " date of last activity '' by us. In conclusion, SPS has failed to abide by federal law, RESPA, and respond accurately, and validly, to our QWR request. SPS response is in direct contradiction to XXXX XXXX XXXX Bank 's response to us, and we await XXXX XXXX XXXX Bank 's response to our complaint to the CFPB -- claim # XXXX, before we pursue with additional government agencies. 
Thank you, XXXX and XXXX XXXX.

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