Consumer complaint received 2015-11-07
Company: Servis One, Inc., Titusville, PA Branch
State: IL
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I am filing this complaint in hopes of getting relief from harassment and questionable business practices I endure from BSI Financial Services. I have an XXXX loan on a condo I purchased XX/XX/XXXX. BSI is the " loan servicer '' for my XXXX mortgage. I am current on my mortgage, and have never paid after the " late fee '' date of any month since the loans inception. However every month beginning on the XXXX until well after my mortgage payments are mailed and received, a BSI " in-house debt collector, '' continually phones me on a daily basis, at all hours, under the guise of a, " courtesy call. '' BSI is a, " debt collection service, '' as evidenced by their letterhead and all of its contents, and employees that are all too willing to identify themselves as such during their harassing phone calls. However, because they are also considered, " administrators, '' of my mortgage loan this debt collection practice is considered legal, and I am harassed daily for payment on a loan, they themselves define as, " not late. '' This legal loophole of, " defining a debt collection agency as administrators of a mortgage loan, '' denies me and many others, the same consumer rights as allowed under the Fair Debt Collection Practices Act, and the Federal RESPA rights guaranteed by a traditional mortgage lender. Although, they claim to offer me these services, I can provide evidence that they provide none of the services guaranteed by a state licensed and regulated mortgage lender and operate solely as a debt collection agency with no regards for anything other than circumventing the law and preying on hard-working, bill paying people. Furthermore, I believe my RESPA consumer rights were violated in that I was never notified of my rights when my loan was sold or transferred, and BSI has failed to provide me any loan services at all -- except to courtesy call me continually to ask for my payment. BSI alleges to have sent me a, " Notice of assignment, sale or transfer of servicing rights, '' dated XX/XX/XXXX. I would like to respond that I have never seen that letter before. If I had, I would 've not only responded by submitting a, " required verification of insurance, '' as instructed on page XXXX, but I also would 've sent a, " qualified written request, '' to my loan servicer expressing my concern regarding my consumer rights. I would have requested how a, " debt collection service, '' has the " authority to act on behalf of the new owner of my mortgage loan ... '' and I would 've additionally asked this debt collection service define what exactly that, " authority, '' means. How much power does that, " authority, '' entitle a debt collection agency? Simply put, this is a predatory mortgage with a predator servicing it. XXXX XXXX, the apparent new owner of my loan is also a debt collector, and these so-called, " loan service providers, '' offer no other services but debt collections, and hide under the umbrella of, " having the rights of a federally regulated financial institution, while circumventing the federally regulated rights due to their customers ' and consumers. Would n't this be a conflict of interest? How is a debt collection agency, acting solely as a debt collection agency, legally allowed to circumvent my FDCPA rights because they hide behind the definition of an, " in-house debt collector, '' also empowered to protect my RESPA rights through loan servicing? I believe my RESPA rights were violated in that I was never notified of my rights and I am requesting they provide the proof they did. I am also requesting, if they are unable to provide they have not violated my RESPA rights and they do not in fact, act as loan service provider, I am respectfully requesting they be found in violation of operating outside the protections of an in-house debt collector and guilty of denying me my consumer rights under the FDCPA

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