Consumer complaint received 2017-05-01
Company: SELECT PORTFOLIO SERVICING, INC.
State: KS
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ks, XXXX  XXXX XXXX XXXX & XXXX select port foilio -XXXX can you help with unanswered question on my mortgage please?
i live in XXXX kansas and i 'm in need of some quick answers and help with my mortgage. i am not sure who or where to turn to. i have sent out packets and i faxed documents and emailed people and phone calls and so much over the years. well i was reviewing mortgage sites to see if any problems have once again become a problem in the mortgage world cause it seems as if mine has never stopped.
i am on XXXX and i purchased my home inXX/XX/XXXX and at closing there were 2 forms of documents due to at the last minute the XXXX who i was originally signing my loan documents agreed to lower my rates so a possibility of some loan mixes up when shipping my final documents to the company actually the faxed them at XXXX office in XXXX due to last minute change. so anyway a few days later my loan was sold to XXXX and when i had just mailed my first payment to XXXX  and received noticed that my loan had been transferred and in doing so it had the wrong interest rate and monthly payment. i kept explaining that documents could of possible got mixed up and in do so my loan was then transferred to XXXX XXXX  and XXXX. where this took me 2 years to get them to put me into another loan term as well as stop 2 foreclosure procedures that were basically voided before they started and notice was sent to the attorneys so i had to proof to the judge and the attorney that XXXX and XXXX redid my loan with fixed interest in order to correct the interest rate errors after 2 to 3 years of dispute however it was n't free and clear to me it created an amount of about 4000 or more to be included as if i had defaulted on the loan or was in the rear of payments in their error. since i was on XXXX and had fought to be a home homeowner and not stupid just because i was on XXXX i took the offer of XXXX and XXXX to make my loan current so i could proof i did have an income on XXXX and just like i fight for my home i fought for XXXX rights.
any way everything was fine until about XX/XX/XXXX and make affordable became able i had my loan reviewed again for my income. then inXX/XX/XXXX my mom passed and my sister who also was on XXXX we made XXXX person together, sadly moved out and in XXXX XXXX had reset my loan supposedly according to my income, and then in the end of XX/XX/XXXXmy boyfriend had gotten XXXX XXXX and went thru XXXX and XXXX XXXX  as well, and unfortunately he is now going through XXXX XXXX and XXXX and preparing for XXXX and then XX/XX/XXXX of this year my XXXX passed., so as you see i have allot to keep up with and several other items have occurred on top of those major ones. that kinda brings you up to date on what i am inquiring about today is i every since i purchased my home it appears as if it 's been one thing after another and i have made previous complaints and or inquiries to the servicers as well as consumer protection however it appears as if i am getting no settlement of any kind was i included and no changes of my mortgage. i do n't know at this point where to turn or what to do in order to not lose my home and to get my credit back to where it should be. so that is why i am in research today to see if anyone in your office can explain or suggest answers or help of where or what to do if anything.
in short i have 2 loans sinceXX/XX/XXXX with XX/XX/XXXX and XX/XX/XXXX
1. my 2nd loan was written off i beleive inXX/XX/XXXX and the lien was released however they say i still owe the loan when i refinance.never understood why it was written off because i had just got it modified and i was n't behind on it but when i went to make payment they could n't find the loan and a few days later they said i ca n't pay anything on it cause it was written off. then i read a document from attorneys that i thought stated that was like part of the settlement and help for home owners for the wrong doing. and XXXX sent me back a letter months ago stating that is not so. and i sent that information to the treasury department and never heard anything back. so it is on my credit report as a bad debt i 'm not paying but they wrote it off and released it. so why? when i was n't behind.
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2. XXXX XXXX sold my loan to select portfolio inXX/XX/XXXX who i have been in dispute with every since, due to them not making my payments count. and i am still in dispute with them today. last week i got a right to cure which was the XX/XX/XXXX however since then i have sent them information such as they are not even listed on the XXXX inquiring about my mortgage.i have n't heard from them since.
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i received a phone call stated i was being sued but i do n't know from who or for what? so unsure if it is a debt collector casue XXXX wrote off and released my 2nd loan or select portfolio trying to take my home., cause my right to cure was the XX/XX/XXXXbut im not in default.
anyway i keep fighting due to the fact that i am not in default with select portfolio i had missed over the 3 to 4 years 3 payments however i made double payments and i was suppose to pay XXXX a month and i paid double that at least twice and every since XX/XX/XXXX i have paid at least {$700.00} a month so that 's 3 years of overpaying that they said went towards my payment. anyway i made up the 3 payments so therefor i should not be in default however sps states i have the right to cure and that im 9 payments behind and there is no way shape or form i have every on any loan been 9 payments behind, i am on a fixed rate yet they charge me a daily interest. and they wont record my payments to make them count and even though i have proven time and time again that i made my payments and make them through XXXX XXXX every since they cost me {$470.00} insufficiency fees on a checking account of over 30 years that i shutdown and created me to pay extra fee to make my monthly payment as well as have proof my payments were made, which apparently they chose to ignore and after 6 months of payments being made they backed them out and input them with a different payment amount then what was required. so i 've sent prove of my payments to the credit bureau as well and received a letter back stating that sps has to be the one to record my payments have been made and sps states that the agency are not recording them correctly. so once again nothing is done, i make my payments and the credit agencies nor the companies are making them count, which i had believed due to me being on disability they are trying to force me into foreclosure.
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then the last few days i found information about XX/XX/XXXX and XXXX and the XXXX who is strictly an electronic document feeder however they supposedly have been enforcing foreclosures, sp this is where you can help me. the information i read states fbi investigation on XXXX and XXXX fka XXXX  for bank fraud and it was datedXX/XX/XXXX of this year. my point being everything i read on this investigation is everything i have been disputing sinceXX/XX/XXXX and have not got to be part of any civil suit never received any documents to do so or letters or anything that could inform that i was part of anything that would give back to me for all the fraudulent activities and cost it has cost me over the years. and then out of the blue i run across this fbi investigation of XXXX XXXX, and the XXXX site advising to check my mortgage to make sure i was possibly not included in the company fraud which i believe i am. for years i 've inquired about my mortgage and who owed it so i could refinance with that company and i was told XXXX bank and for years they state they do n't find anything on my loan so then i look up the XXXX  and it states both of my loans are inactive and that XXXX and XXXX fka XXXX as my servicer which when clicking on link it brings up ads for XXXX  and XXXX investors, and that it held by XXXX bank as the trustee.
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so i email sps XXXX and XXXX XXXX and inquire about sps no where on the XXXX and that is who i make my payments to and set me the right to cure and that XXXX bank is trustee.
this is all part of what the fbi investigated and cludes is fraud.
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my point being that XXXX and sps being the ones that seem to keep me in limbo to where my credit score is bad and my payments are n't being recorded correctly and most important have me in default that i should not be in, as well as when XXXX transferred my loan sps added in the forbearance a couple of times increasing my loan balance. so allot is wrong not to mention that i have documents as well as statements that have a different monthly mortgage payment such as contract in XX/XX/XXXXif it is a valid loan and valid transfer of my loan it states XXXX, other documents states XXXX  and statements state XXXX until changed due to escrow in XX/XX/XXXX, which sps backed out 3 months and input payment to start inXX/XX/XXXX as currently should pay XXXX but i pay at least XXXX every month.
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so i 'm needing to know what i should do to get my credit corrected and to make my payments count. i should n't be forced into a modification just cause they do n't keep records correctly, when i 've already paid, nor should they be able to fraudulently force me into foreclosure, because they written off my loan and released it on my 2nd, as well i made up the 3 payments i was behind and they keep charging me property valuation when they know i do whatever to keep my home and fight like XXXX on they deceptive acts. i 've been here XX/XX/XXXXand i 'm not going anywhere yet they keep my credit bad and my payments as if i 've not made them so that i ca n't get out from under them.
they offered a modification of a balloon balance of $ XXXX and added 2 years and reduced payment down by XXXX. and i did n't take it cause for 1 i 'm not behind and for 2 my loan would be paid off 2 years with a XXXX balance when they are adding XXXX and 2 years who in their right mind would agree to that and increase the loan balance by that balloon amount is what that adds up to. and how is that helping me when i 'm not behind and it would let them increase my loan as if i was in default and put that amount in the rears when i 'm not behind and never have been behind no 9 payments that almost an entire year and i do n't have no car payment because my motor went out no expense there i have no credit cards so no expense there and i only have my dog and my house and every day living so where would my income be going if i did n't make house payments? that 's almost an entire year and that makes o sense at all other than the fraudulent acts of trying to take my home for more money such as they did by the fbi investigation of turning in claims to the insurance companies as a bad debt they lost out and their insurance company pays them. and how can XXXX bank be a trustee?
i found this information below is as an example of what to do is my loan paid for because my XXXX shows inactive?
XXXX XXXX XXXXstatment or from all three friadent actives and the settlements against XXXX XXXX XXXX XXXX XXXX and XXXX showing inactive and the right to cure letters?
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am i paying the correct company my payments?
who does own my loan?
if no one owns my loan then i have no loan or do i?
is the write off and the the not applying my payment to count all part of pushing me into a foreclosure and or bahow do i get them to make my payments and their records correct, with correct balance duje, correct monthly payment amount and that i 'm not in default.?
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d credit that i should n't have?
exactly what does that mean on the XXXX account of inactive and servicer XXXX and XXXX fka XXXX and XXXX XXXX as the trustee is it fraudulently, do i have a loan or not who owns my note and i 'm payin the right company and if i am how do i make them accountable for my correct payments and balance due and all the daily fees and or advances that should not been applied?
how do i know if i have homeowners insurance and why do i have a tax revenue out on public records how would i owe irs and why? i am on XXXX so i do n't have to file taxes and due to all my past badness of bad luck in the last few years i have n't had time to even file for my homestead. and according to XXXX  county my taxes were n't paid in XX/XX/XXXXand should have been as well s insurance they keep paying late and it keeps increasing.
so is there anyone who can help me get my loan correct or discharged?
is there anyone who listens and cares about what i need answered and help with before i have a sheriff knock at my door and if they do come then what, i should no way shape or form lose my home over these companies fraudulent and deceptive acts, so who or what do i do?
i know they attorney general office nor the consumer protection agency are not suppose to take on 1 on 1 cases but it would appear that they have to start with someone somewhere and these dispute of mine has been nothing but a circle of one thing after another and no resolution so where do i turn and who has the power to stop this circle and get all the wrongness given back to me and these companies to stop [ all the fraud and deceptive acts that it appears all they do is get fined and start over again. maybe if they had to pay for the mortgage they did wrong then maybe they would n't be so out for themselves and be more for a business and consumers who they steal from instead of make a business from and for.
i do n't know what to do with this right to cure when i 'm not behind and my credit should n't be bad. however i ca n't refinance and wont with wrong numbers or while i 'm in a dispute to make my payments count, in my loan as well in my credit.
so i ask once again if my 2nd loan was due to settlement and since it was release due i still owe it and if yes then why did they write it off, i was n't behind at that time and know i suppose they can say i am.
and on my 1st that XXXX transferred and sps backed out payments months later and then does n't make my payments count and keep adding daily interest on a fixed loan cuase they keep me in default that i 'm not, and my XXXX is n't showing sps as my servicer.
can they foreclosure and since its inactive is all these deceptive acts them trying to foreclosure and can they foreclose?
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who can help me get these questions answered in order to stop all these time of disputing and taking a toll on my health and time and money?
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where i am i and my property as being any part of all the wrongdoing XXXX and its bandits have done to me and my home cost now and in the past 12 years, what or how do i get relieve from all this wrong doing and when is it going to stop..
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please give me advice or information i can get some straight forward help due to my loan not being hud or XXXX XXXX or XXXX XXXX hud cant or dont have the answers other than refinancing that i ca n't due to dispute 4 and default that they keep me wrongfully in. again ive paid my payments and they are not being accounted for.
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and i would not of let the 2nd loan be written off i am and would of been disputing that from the beginning but i thought it was due to the national law suit.
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so i am finding out that 2nd loan according to XXXX was not due to settlement it was deceptively a bad debt they falsely claimed, i was n't behind and now they sold loan and sps is trying to do the same on it.
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where or who do i turn to do is needs to stop and be corrected and get out of a dispute and i wo n't give up cause i made my payments and ther are deceptively trying to take my home. please help me with a resolution and make this stop and get corrected after 3 years and same circle someone has got to step in. please tell me my XXXX is inactive cause XXXX finally paid their dues or why and what i should do.
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however please do n't let them have rights to push me out of my home when i made my payments. who has the power to listen and stop this company and their bandits.
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sorry its so long but i 've been fighting sps sinceXX/XX/XXXX and i 'm still where i started but now they are trying to say they can foreclose on me, yet i am not in default nor should my credit score be bad it looks like a checker board, and mi pay monthly and over i always have.
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thank you for your time and please leave a message or feel free to email due to XXXX threaten and other appoints my calls are screened as well as some times i ca n't always get to phone.
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thank you for your time and please help or tell me who can, im very very tired of this and need help.
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[ PDF ] 107300 - Kansas Judicial Branch XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX , as Trusteeof the ... Kansas law favors keeping a mortgage and the right of the ... Thus, the general rule is that the mortgage follows the ... their homestead rights, and had violated the Kansas Consumer ... .. judgment because, under the analyses in XXXX XXXX XXXX ,.
I AM CONFUSED WHO CAN HELP ME UNDERSTAND. THANK YOU.
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if published please remove personal infor.

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