Consumer complaint received 2016-09-28
Company: SELECT PORTFOLIO SERVICING, INC.
State: OK
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Settlement process and costs

Complaint:
Included in this complaint are documents to validate the various events that have taken place with Wells Fargo. This has been an ongoing issue since XXXX beginning with Wells Fargo filing an unreleased mortgage that included us in a foreclosure battle that should not have involved us, and has been ongoing and is still ongoing at present. This caused us to accumulate a debt of {$100000.00} for legal representation. In addition, there was d a discrepancy with the legal description of our property. Several modified agreements were rejected because of the discrepancy in the properties legal description although, we purchased title insurance. mortgage payments were returned and refused, We show several full release of mortgage entries with the XXXX XXXX XXXX 's XXXX, also showing that our property has been partially refinanced and we were not the individuals who refinanced it. Our credit report has shown " no-status since XXXX of XXXX which does not reflect any payments we have made on the property. Although we were told by Wells Fargo that we were not in their data base as their customer, they were said holders but could not produce the note. In XXXX, we received documentation from XXXX XXXX XXXX, appearing as mortgage server, showing where mortgage taxes and insurance had been paid into escrow by us. 

Because of the foreclosure process in order to keep from loosing our home were required to pay {$4500.00} up front to bring account current and {$2700.00} per month for approximately 7 months all resulting from an unreleased mortgage that was later replaced by a quiet title, however we were still held accountable to a mortgage note that had been paid. ( copy of release included in submitted documents ). 

We have continuously been in litigation for this same case that has now reached its limits according to the statute of limitation after we have received 3 dismissals of case in our favor. We are now experiencing what is legally described as " malicious prosecution ''. The case was first dismissed in XXXX, XXXX without prejudice, Wells Fargo filed a request to " Open to refile '' in XXXX of XXXX and it was dismissed with prejudice, again in our favor. Wells Fargo filed again on us on the XXXX of XXXX, XXXX, it was again dismissed with prejudice. 

We receive monthly communication from XXXX XXXX XXXX XXXX ( XXXX ) in regards to a Chapter XXXX Bankruptcy, in which we did NOT file. A lien has been placed against our property which prevents us from selling or refinancing our home. I pray that CFPB initiates a full investigation of Wells Fargo 's Mortgage lending practices in addition to their escrow collection practices and foreclosure procedures wrongfully against us that shows Wells Fargo has no right to foreclose according to the SECURITIZATION AUDIT initiated in XXXX, XXXX. We pray exposure, justice and recompense.

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