Consumer complaint received 2017-08-18
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
This COMPLAINT is a demand for a cease and desist of continued attempts to collect fictitious debt. Select Portfolio Sservicing Inc.aka ( SPS Inc. ) has FAILED TO COMPLY with a notice to VALIDATE DEBT in accordance with the specific MANDATES as codified at 15 USC 1692. Your company has issued a notice of foreclosure schedule for XX/XX/XXXX and we believe your company intend to serve and publish a sale under power notice on our property where there is no present legal right to do so. Your company is currently in violation of Georgia Residential mortgage fraud statutes. Furthermore, SPS Inc.,  its client, representative, or predecessor, are violating the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605 ( e ), the Fair Debt Collection Practice Act and The Fair Credit Reporting Act. And TILA. SPS. Inc. is operating in intentional defiance of OCGA 16-8-102, 16-8-104, and 16-8-105. SPS. Inc. officers and representative are fully aware that its client, agent or predecessor do not have a lien on our property of any kind, see EXHIBIT-R, and that we hold 100 % legal and equitable interest in our property. If they continue with the foreclosure action, it will constitute strong-arm seizure of property. see Deed of Record at EXHIBIT-F. ( a ) SPS. Inc., during the course of doing business has sent yet another non-judicial foreclosure notice with a sale date XX/XX/XXXXXX/XX/XXXX with ought having a legal or financial interest in our property. and, ( b ) SPS. Inc. have " RE-AGED '' a time barred charged-off and closed account to justify making the false representation to all three Credit Reporting Agencies that a debt is owed to SPS Inc. by us, when they know that to be untrue. ( c ) SPS. Inc. have slandered of title by publishing more than 12 statement about our property. The statement was untrue and they knew or should have known the statement was untrue. The statement was of a disparaging nature that impair the value of the property in the estimation of others. we have suffered and continue to suffer enormous damages. ( d ) ) SPS. Inc. have devised and implemented an illegal plan to seize property it know is unsecured. It is done by using mortgage documents that are void and you were specifically ordered by consent agreement, state and federal law not to use. ( i.e. unrecorded defective deed and destroyed notes ) This cease and desist demand is based upon a unsecured, charged-off, and closed account that is time barred. Under Georgia Law SPS Inc., its client, representative, or predecessor are subject to the following : 1. O.C.G.A. 16-8-102 Residential mortgage fraud Statute says : A person who " Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement. misrepresentation, or omission. '' can be subject to damages of {$100000.00}. I. NO DULY FILED, REORDED AND INDEXED DEED i.e., NO LIEN 2.  The security deed associated with XXXX XXXX XXXX  account # XXXX and XXXX referenced above, according to XXXX County GA official property recorde can not be, and was not, " duly filed, recorded and indexed for the following legal reasons : OCGA 44-2-21 Attestation Requirements - Mortgages and Deeds to Secure Debt The notary public serves as the official witness and must be one of the parties described under OCGA 44-2-21. " The unofficial witness may be any competent adult except a party to the deed or the notary public. '' A. The security deed resulting from an XX/XX/XXXX  closing cited in paragraph 2 above with account number XXXX was, on or after closing, and at some point before recording, XXXX XXXX XXXX XXXX agent and representative XXXX XXXX, altered the security deed and the waver of borrowers rights, a fatel violation of Georgia statute in that he signing both documents under seal as the UNOFFICIAL witness. See Proof at EXHIBIT-A1 & A2 signature on last page of security deed and waver of borrows rights. ( then see EXHIBIT-A3 the signature of XXXX XXXX on various closing documents ) B. The " security deed '' and " the waver of borrowers rights '' are classified as contracts under seal, and under Georgia law In order to admit a mortgage to record and perfect a lien, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a security deed must also be attested or acknowledged by one additional unofficial witness. C. XXXX XXXX, as agent and representative for its principal, XXXX XXXX XXXX, a party to the transaction, was prohibited by O.C.G.A. 44-2-21 and 44-14-33 from signing as the official witness, unofficial witness, Notary or officer on the security deed. which is why XXXX County official property records by title search reports that no secured lien is held by anyone against our property. See ; The Supreme Court of Georgia Rules On Mortgage Attestation Question ; " An unattested or partially attested deed, even if recorded, can not provide constructive notice because it can not be " duly filed, recorded and indexed ''. also see " OCGA 44-14-39, which provides that [ a ] mortgage which is recorded... without due attestation.. .shall not be held to be notice to subsequent bona fide purchasers. Therefore, The security deed associated with XXXX XXXX XXXX account # XXXX and SPS Inc. account # XXXX referenced above was not and can not be " duly filed, recorded and indexed. Thus void as a matter of law. II. FAILURE TO TIMLY RECORD ASSIGNMENT Pursuant to OCGA 44-2-6. Recording bond for title, contracts, transfers, and assignments ; priority as to subsequent deeds taken without notice from same vendor. 3. Whereas, XXXX XXXX XXXX XXXXXXXX sold the Promissory NOTE associated with account number XXXX on XX/XX/XXXX ( day of closing ) to XXXX XXXX XXXX XXXX. See ( EXHIBIT-E1, & E1a, Notes and see EXHIBIT E-2 allonge ( s ) - see date of 1st endorsement -- at that point XXXX owned the note. ) ) A. Although XXXX XXXX XXXX XXXXXXXX closed the loan transaction and sold the note on XXXX XXXX, XXXX XXXX XXXX XXXX never made or recorded an assignment until ( 6 ) years later on XX/XX/XXXX. See EXHIBIT-E3 ( assignment of security deed ) B. If the Promissory Note is separated from the Security Instrument, the debt is UNSECURED. For the " secured '' status to be maintained, the Promissory Note and the security instrument ( Deed to Secure Debt ) must never be separated. C. If the Promissory Note was sold to other entities, the Note must be endorsed AND an Assignment of Deed to Secure Debt ( for each sale of Note ) must occur simultaneously for the Creditor to remain SECURED. D. Pursuant to OCGA 44-2-6 " Every bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein, and any and all transfers or assignments of realty shall be filed and recorded in the office of the clerk of the superior court of the county where the land referred to in the instrument is located. The filing and recording shall, from the date of filing, be notice of the interest and equity of the holder of the instrument in the property described therein. The filing and recording may be made at any time ; but such bond for title, bond to reconvey realty, contract to sell or convey realty or any interest therein, and any transfer or assignment of realty shall lose its priority over deeds, loan deeds, mortgages, bonds for titles, bonds to reconvey realty, contracts to sell or convey realty or any interest therein and any transfer or assignment of realty from the same vendor, obligor, transferor, or assignor which is executed subsequently but filed for record first and is taken without notice of the former instrument. '' note that in this case the promissory note was sold but no assignment was made and recorded for 6 years. E. Even if the security deed had been signed and attested to correctly, the fact still remains that XXXX XXXXXXXX XXXX XXXXXXXX failed to perfect a lien where they failed to timely record a assignment Pursuant to OCGA 44-2-6. See EXHIBIT- E-3, ( the last and only assignment ). 4. Meanwhile, XXXX XXXX XXXX, on XX/XX/XXXX on behalf of the borrowers ' executed a deed to secure debt subsequent to XXXX XXXX XXXX 's defective deed, and XXXX in fact filed and recorded first in XXXX County property records a Deed to Secure Debt at deed book XXXX, page 560, Document # XXXX, of the official records, in the office of the Clerk of Superior Court of XXXX County, Georgia. Thus, at the time of cancellation it was the current DEED OF RECORD. A. Whereas, onXX/XX/XXXX XXXX XXXX XXXX caused to be recorded in XXXX County property records a cancellation of the DEED OF RECORD at deed book XXXX. Page 560 and Document # XXXX. See EXHIBIT-F ( lien release and Cancellation of the Deed of Record ) Wherefore, the cancelled DEED OF RECORD bearing the name XXXX XXXX XXXX and XXXX XXXX XXXX, Pursuant to OCGA 44-2-6 is recognized under law as the legal holders of that parcel of property by way of 100 % legal and equitable interest therein with no other perfected liens currently attached thereto.

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