Consumer complaint received 2017-06-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
A complaint ( see attached ) was filed reflecting  US Bank NA Successor Trustee to    XXXX   XXXX   XXXX   XXXX   Successor In Interest to   XXXX   XXXX   XXXX   as Trustee on behalf of the Holders of the   XXXX   XXXX   Mortgage Pass-Through Certificates,  XXXX   XXXX   XXXX  on a LOST Note and Mortgage relating to  XXXX   XXXX  and  XXXX   XXXX   XXXX   XXXX ,  XXXX , FL  XXXX . The complaint was allegedly verified by  XXXX   XXXX   XXXX   XXXX  as its attorney in fact ; however, in complete contradiction, attached to the Complaint is a  Limited Power of  Attorney ( see attached ) reflecting that  XXXX   XXXX   XXXX   XXXX  ONLY has certain limited rights as to the Trustee    XXXX   XXXX   XXXX   XXXX   (  see page  XXXX  of Limited Power of attorney attached ) relating to the   XXXX   XXXX   Mortgage Pass-Through Certificates,  XXXX   XXXX   XXXX  and NO WHERE does it mention that US Bank is the Trustee and no where has  XXXX   XXXX   XXXX   XXXX  provided evidence that it could file and verify a complaint on behalf of  US Bank NA  and not    XXXX   XXXX   XXXX   XXXX   . However, NO WHERE is there any evidence re    XXXX   XXXX   XXXX   XXXX    rights either as a Trustee regarding the   XXXX   XXXX   Mortgage Pass-Through Certificates,  XXXX   XXXX   XXXX . The complaint is on a LOST Note that has been lost since   XXXX   based on a complaint in   XXXX   and transfer of a Lost Note would not have been possible and there is no evidence that  XXXX   XXXX   XXXX   XXXX  represents the interests of  US Bank NA re     XXXX   XXXX    Mortgage Pass-Through Certificates,  XXXX   XXXX   XXXX .  XXXX   XXXX   XXXX   XXXX  is committing fraud upon the court with misrepresentations and does so blatantly by making claims for  US Bank NA  as trustee of the above mentioned trust while attached documents reflect a completely other entity as trustee. Moreover, the attached limited power of attorney is not done by US Bank nor    XXXX   XXXX   XXXX   XXXX    yet by another entity and thus not authorized to represent any Trustee of a Trust without the Trustee 's authorization from the beneficiaries of the Trust.  XXXX   XXXX   XXXX  Bank can not authorize  XXXX   XXXX   XXXX  to represent interests of a Trust unless the beneficiaries of the Trust have authorized this representation but especially can not authorize another entity  re   XXXX   XXXX   XXXX   XXXX   as Trustee  and then Select Portfolio Servicing bring an action on behalf of another Trustee such as  US Bank NA.  This is fraud upon the court by using false and inconsistent documents and documents that were never authorized by the beneficiaries of the   XXXX   XXXX   Mortgage Pass-Through Certificates,  XXXX   XXXX   XXXX . Fraudulent statement apparently are being committed by  XXXX   XXXX   XXXX   XXXX  as allegedly an agent for   XXXX   XXXX   XXXX   XXXX    and/or US Bank NA and/or     XXXX   XXXX   XXXX   XXXX    All of this fraud is done is addition to the violations of the bankruptcy discharge Orders and laws and debt collection harassment tactics to  XXXX   XXXX  whereby  XXXX   XXXX   XXXX   XXXX  allegedly as attorney in fact for    XXXX   XXXX   XXXX    trustee obtained a court order for money payments from  XXXX   XXXX  pursuant to the alleged Lost Note and Mortgage and requiring her to make payments despite the bankruptcy discharge of the alleged subject Note in the  XXXX   XXXX   XXXX  Florida bankruptcy  XXXX .  <P/> See attachments whereby the complaint by US Bank as Trustee of the subject Trustee is inconsistent with the attached limited power of attorney re the subject trust which reflects    XXXX   XXXX   XXXX   XXXX    as trustee not  US Bank NA.

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