Consumer complaint received 2017-05-30
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Select Portfolio Servicing Inc has threaten ed and has taken legal action allegedly as Attorney in Fact but falsely on behalf of  XXXX   XXXX   re A ccount number  XXXX  /property  XXXX   XXXX   XXXX   XXXX ,  XXXX   ,  FL  XXXX . In the same threatened actions supposedly on behalf of  XXXX   XXXX  instead  Select Portfolio Servicing Inc  submits a limited power of attorney instead by  XXXX   XXXX   XXXX  to it allegedly to collect on behalf of Trustee  XXXX   XXXX   XXXX   XXXX  NOT  XXXX   XXXX  - see attached - yet  XXXX   XXXX   XXXX   XXXX  is not listed as creditor nor mentioned in any chain of title regarding the LOST NOTE and has failed to submit an affidavit under oath - likely because it knows it is commiting fraud upon the courts and recording offices. Moreover, it has also submitted fraudulently an Assignment of Mortgage as allegedly as evidence of transfer of the mortgage to to  XXXX   XXXX   XXXX  as Trustee not  XXXX   XXXX  nor  XXXX   XXXX   XXXX   XXXX . More evidence of the fraud is the fact that this Assignment of Mortgage ( see Attached ) was executed on   XX/XX/XXXX  by   XXXX   XXXX   XXXX  to  XXXX   XXXX  at a time that  XXXX   XXXX   XXXX  NO LONGER EXIST ED ( s ee attached ).  XXXX   XXXX   XXXX   XXXX  was fraudulently and Select Portfolio Servcing relying on such evidently false information is seeking to recover on a mortgage whereby  XXXX    XXXX   cold not have been creditor based on fraudulent Assignment of Mortgage that was attemtpted fraudulently after the fact and years after the closing date of the relevant trust and pooling and servicing agreement ( see Assignment of Mortgage for name of Trust and that trust had a closing date several years prior to the execution of this assignment of mortgage ). Furthermore, the assignment of mortgage is fraudulently signed by  XXXX   XXXX  and  XXXX   XXXX  allegedly as Attorney i n Facts. I n fact, on   XX/XX/XXXX , fi nancial giant  XXXX   XXXX   XXXX  announced it was suspending  XXXX  foreclosures because its documents  may ha ve been submitted without proper review. including those whereby  XXXX   XXXX  and  XXXX   XXXX  signe d Assignments o f Mortgage years after the closing date of the trusts at issue like in this case.  XXXX   XXXX   XXXX  and  Select Portfolio S ervicing are fraudulently creating mortgage docs to falsely claim an interest in a mortgage and LOST NOTE as alleged in court in order to foreclose that which it never had a right to foreclose.  XXXX   XXXX   XXXX   XXXX  is listed as Trustee of the alleged trust yet the complaint in state court is by  XXXX   XXXX  by  Select Portfolio Servicing  as its attroney in fact. When did  XXXX   XXXX  give Select  Portfoilio Servicing  authority to foreclose on trusts whereby  XXXX   XXXX   XXXX   XXXX  is the listed trustee and not  XXXX   XXXX ? Creating documents to retroactively fraudulently lay claim to something that was not transferred to it especially in light of the fact that the alleged subject Note has been lost since   XX/XX/XXXX  as a lleged in complaints and thus you can not transfer that which did not exist.  XXXX   XXXX  and Select Portfiolio Servicing and  XXXX   XXXX   XXXX  and  XXXX    XXXX   have never held the alleged subject note and are now commiting fraud in order to gain that which it and or they are not entitled to. The timeline of the closing date of the alleged subject trust ( see attached assignment of mortgage ) and the nonexistence of  XXXX  at time of assignment of mortgage to it reflects attempt to circumvent the federal banking and consumer fiance regulatory agencies and the bankruptcy and the state courts especially whereby another entity in bankruptcy court already alleged made claim to the alleged subject note different than  XXXX    XXXX   or  XXXX   XXXX   XXXX   XXXX .  Select Portfolio Servicing is a fraudster pushing paper on behalf of fraudster e ntities to foreclose on properties that it is not entitled to foreclose upon - this is pyramid fraud shell game by them in order not to be discovered of their fraud which must stop now before it is too late. How could  XXXX   XXXX  assign something to an entity that did not exist at time of assignment? How could  XXXX   XXXX  and  XXXX   XXXX  execute docs as attorney in fact for  XXXX   XXXX  but the assignment if not by  XXXX   XXXX  but instead by   XXXX   XXXX   XXXX   also that no longer existed? how can limited power of attorney reflect that Select Portfolio Servicing has certain limited rights for  XXXX   XXXX   XXXX   re   XXXX   XXXX   XXXX   XXXX  yet instead Select Portfolio Servicing threatens lawsuit and brings lawsuit instead on behalf of  XXXX   XXXX ? Only possible logical answer is that  Select Portfolio Servicing i s commiting fraud on behalf of itself and the alleged entities and chain of entities it fraudulently represents.

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