Consumer complaint received 2016-08-15
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
This is a Claim of XXXX violations pursuant to FDCPA 15 U.S. Code 1692e - False or misleading representations, 15 U.S. Code 1692f - Unfair Practices, and O.C.G.A. XXXX GA statute of limitation. 

1. XXXX XXXX, XXXX, the foreclosing attorney hereafter referred to as ( XXXX . ) and Select Portfolio Servicing Inc. hereafter ( SPS Inc. ) is threatening to seize, attach, or sale our property in a unlawful non-judicial foreclosure sale scheduled for XXXX XXXX, XXXX if a loan modification, short sale or surrender of our property is not agree too by us. The unlawful seizure of our property is now imminent. See EXHIBIT-L, SPS Inc. and XXXX. ( sale under power notice ). 

2 SPS Inc. and XXXX. failed to record the XXXX assignment made by XXXX to SPS Inc. in the office of the clerk of the superior court of XXXX County GA where the land referred to in the purported instrument is located. 

3. Instead of recording the assignment pursuant to XXXX XXXX as required by law, SPS Inc. and XXXX. chose to violate the law by avoiding recording of the assignment to the new lender in County records. 

4. The new lender is none other than " SPS Inc. '' according to XXXX 's statement of fact. See EXHIBIT XXXX at XXXX where is says " Account transferred to another lender ''. 

5. Since there is a new lender then SPS Inc. and XXXX. is required by law to foreclose in the ( new ) lenders name, not the previous lender 's name. If they proceed with the foreclose they are committing a felony and violating state and federal law. See Exhibit XXXX ( new lender ), then see EXHIBITXXXX ( Sale under Power ) and EXHIBIT XXXX. Note that the previous lender, not the new lender is listed as the foreclosing party - THAT IS AN UNLAWFUL ACT. 

6. There is no present right to possession of the property claimed as collateral for the following reasons : 7. This is a case where SPS Inc. bought collection rights to an account that both SPS Inc. and XXXX knew or should have known were charged-off and closed on or before XXXX XXXX, XXXX. 

8. Both SPS Inc. and XXXX knew or should have known that the account was charge-off/closed 3 years before it was sold. 

9. Both SPS Inc. and XXXX. have personal knowledge that the loan they are attempting to foreclosure on is dead because the account was charged-off and closed by XXXX on or before XXXX XXXX, XXXX. 

10. See evidence of account charge-off at EXHIBIT XXXX at XXXX, and XXXX at XXXX 11. See evidence that the account was closed and charged off as of XXXX XXXX At EXHIBIT XXXX & XXXX. 

12 See EXHIBIT XXXX ( account closed ), then see EXHIBIT XXXX where the account was fraudulently modified in XXXX XXXX to make it appear that the sale of account # XXXX happened before it was charged-off and closed. 

13. As to any unsecured debt please be advised that the account is now time barred under XXXX XXXX Georgia statute of limitation. See relevant date at EXHIBIT XXXX, XXXX. The statute lapsed on XXXX XXXX. 

14 AND, even if there were ever a secured interest in our property, foreclosure would be time barred as to any written contracts. 

15 According to XXXX the property was harmed, and the contract or agreement was violated ( breached ) XXXX XXXX ; the account was accelerated XXXX XXXX which started the statute of limitation to run ; XXXX initiated foreclosure in XXXX XXXX. The Statute lapsed on XXXX XXXX. See EXHIBIT XXXX then see EXHIBIT XXXX thru Exp XXXX, XXXX collection rights was sold to XXXX XXXX in XXXX, years after the loan had been charge-off and CLOSED in XXXX, see EXHIBIT XXXX. 

17. When a original subprime predatory loan is charged off and closed, the loan and note no longer exist ( according to UCC requirements ). All that remained is collection rights to possible default debt. AND, those rights c

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