Consumer complaint received 2022-10-09
Company: Specialized Loan Servicing Holdings LLC
State: CT
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
TIMELINE AND VIOLATIONS OF LAW - I AM UNABLE TO UPLOAD SUPPORTING DOCUMENTS ON CFPB WEBSITE Letter Dated XX/XX/XXXX - Notification by XXXX  XXXX XXXX of New Servicer Letter Dated Statement Date XX/XX/XXXX New Servicer Letter Payment procedures are described as Beginning XX/XX/XXXX, all future payments will be accepted by Specialized Loan Servicing. No W-9 is included. 

No TILA Transfer of Creditor Notice mailed *Note : At the origination of dispute there were no loan statements. The company appeared to not be a real business. They would not provide loan statements upon several oral and written requests, nor oral or written calculations of interest rate or amount due, nor evidence of the application of payment to account, nor proof of account. The accounting was and still is incorrect to this day. The loan is still in dispute. 

The new CFPB law regarding the exclusion of periodic statements for customers in bankruptcy began XX/XX/XXXX and ended XX/XX/XXXX. 

Statements were required upon the assumption of Plaintiffs loan by SLS starting XXXX XXXX. 
See letter dated XX/XX/XXXX sent by Plaintiff to SLS. 

Plaintiff made dozens of oral and written requests for statements. 

UPON RECEIPT of New Servicer Letter Plaintiff calls SLS to find out how to pay bill. Plaintiff is told to call monthly for the amount due. Plaintiff recalls that she was told that there was no account created yet as the loan had just been transferred. ( XXXX XXXX XXXX last statement received is dated XX/XX/XXXX ) Plaintiff was instructed over the phone by SLS to call monthly to obtain the monthly amount due and encouraged to pay over the phone by checking account debit only. 


XX/XX/XXXX - Plaintiff calls SLS for amount due for XXXX payment amount. 

On or about XX/XX/XXXX Plaintiff calls to make XX/XX/XXXX payment due according to SLS and pays by phone debit e-check. Amount of {$190.00} due is correct. 


XX/XX/XXXX Plaintiff calls SLS to straighten out account Plaintiff has not received paper statements of account. Plaintiff is told that they can not generate statements because her loan is in bankruptcy and that she must call every month for the payment amount. She is told 'that because of the XXXX  XXXX discharge ' statements are not automatically sent. Plaintiff is told that she can view information online at www.SLS.net by logging in and creating account. Plaintiff requests statements. Plaintiff is not able to set up an online account because the information she can provide, including name, address and/or new account number XXXX does not pertain to an active account. 


Plaintiff makes XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX payments due over the phone by debit of checking account e-check. The amounts due are accurate. The payments are made on or near XX/XX/XXXX : {$170.00} and for XXXX & XXXX, on or near XX/XX/XXXX : {$380.00} includes a {$9.00} late fee. 

This {$9.00} late fee can only apply to the payment due on either XX/XX/XXXX or XX/XX/XXXX due date. Plaintiff was inconsistently charged late fees despite all payments made so far having been late. Plaintiff was told during one of many calls to customer service that late fees would be waived until account was formerly set up. Again, no explanation is given of breakdown of payment, interest rate, running balance or application of payments made. 


XX/XX/XXXX Plaintiff calls SLS customer service for the XX/XX/XXXX payment due and is told that it's {$200.00}. It should be XXXX and SLS will not give an explanation of payment amount. Plaintiff makes the case to customer service that she has no receipt of any payment made yet, and no statement. Plaintiff stops making payments because the amount is inflated and is calculated in a non-transparent way. [ It is later discovered through extensive communications that a late fee of {$9.00} had been applied ] This {$9.00} late fee due as part of the XX/XX/XXXX payment could only have been as a result of payment due XX/XX/XXXX being late, despite XX/XX/XXXX payment also being late and no late fee charged. 

*Notes : Late fees per contract are 5 % of amount due. 
Contract requires that statements be mailed.

Contract requires that accounting discrepancies and disputes be remedied at customer 's request. 
Interest rate is XXXX XXXXXXXX XXXX XXXX XXXX Margin Contract prevents servicer from charging late fees on a loan in dispute. ( Contract is in Defendant 's possession ) Violations of these Mortgage Clauses, in Plaintiff 's opinion, defined Breach of Mortgage Contract. 


DATE OF XXXX CHARGED ACTUAL PAID DATE DUE POST DATE XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX Late Fee XXXX unknown XXXX unknown XX/XX/XXXX STOPPED PAYING : XXXX XXXX XXXX XXXX XX/XX/XXXX n/a XXXX payment due above can likely be XXXX plus XXXX late fee Note of error : if late fee were for previous month as is generally accepted in accounting practices, then late fee should have been {$9.00} [ 5 % on XXXX ] Early XX/XX/XXXX : Plaintiff sends letter to Attorney XXXX XXXX who is family friend ( no longer practicing ). Plaintiff near after advises SLS by phone call that she is represented and does not intend to make payments on account until she is billed transparently and correctly. Plaintiff is advised by counsel to make all communications by certified mail. 

Plaintiff writes letter to Attorney XXXX XXXX, XXXX XXXXXXXX XXXX XXXXXXXX & XX/XX/XXXX Plaintiff does not pay because customer service at SLS will still provide no explanation of accounting methods. Upon subsequent phone calls it is determined that SLS intends payment due XX/XX/XXXX is to be XXXX ( it should be XXXX ) and payment due XX/XX/XXXX is being billed at XXXX. 
( XXXX also has no substantial base in proper calculations ) AMOUNT DUE PER SLS CUSTOMER SERVICE BY PHONE CALL : DATE OF XXXX CHARGED ACTUAL PAID DATE DUE POST DATE XXXX XXXX XXXX XXXX XX/XX/XXXX n/a XXXX XXXX XXXX XXXX XX/XX/XXXX n/a *Note : Per letter dated XX/XX/XXXX XXXX is due. This amount is ( 3 ) incorrect payment amounts ( payments not made ) plus another {$9.00} late fee that can not properly apply to any of past amounts due at this point. 


Letter Dated XX/XX/XXXX : From SLS Notification of Service Members Civil Relief Act Letter Date XX/XX/XXXX : From SLS Important Notice Regarding Your Mortgage Loan and Intent to Foreclose Without having provided clarity despite numerous phone calls an incorrect amount is demanded. Letter included threats of inspection, threat to accelerate and/or foreclose, names SLS the current creditor to whom the debt is owed on page 2 and presents an offer to dispute. 

Additionally, the total balance due stated on account on page 2 of letter is {$39000.00}. 
This is incorrect. This loan is a XXXX ARM and the correct balance is as it was transferred from B of A is {$39000.00}. 

Letter includes Foreclosure Mediation information obtained from XXXX  XXXX XXXX. 


UPON RECEIPT of XX/XX/XXXX Letter : Plaintiff calls SLS. Despite more extensive inquiry, again receives no explanation by customer service as to wrong amount, or previous dispute. They are not able to discuss the details of a loan in bankruptcy and/or do not have access to the information requested available to them. 

More specifically on XX/XX/XXXX : XXXX called SLS to request clarity and accuracy of amounts due. Plaintiff spoke to XXXX who told her that she was not billed on her account and that SLS can not generate statements because the customer 's loan is in bankruptcy. XXXX said that the account should show no balance due. Plaintiff was routed to the bankruptcy department of SLS where she spoke to XXXX at XXXX. XXXX told Plaintiff that she could not provide statements, nor calculation of payment due, nor state the current interest rate and that I can take a payment from you. Plaintiff decides to try another day, headaches and stress are too much. 

* Note : In XXXX SLS begins sending unrequested statements to Plaintiff. 
Plaintiff has had XXXX servicers on ( XXXX ) loans post bankruptcy. All servicers have provided thorough and accurate statements. The law that exempted certain XXXX customers from receiving statements is not yet in effect. See Documents for description Letter dated XX/XX/XXXX. Therefor. statements are required. 


Letter Dated XX/XX/XXXX : From SLS RE Legal counsel On or Around XX/XX/XXXX : Plaintiff writes and sends handwritten letter to SLS, certified and return receipt. Letter has been lost ( Plaintiff has the certified and return receipt from this letter in possession, additionally a copy is in Documents Handwritten notes from XXXX in file demonstrate it included the following : A request for explanation of payment calculation, including interest rate A request for statement of account including running balance with payments due and applied Letter Dated NO DATE : From SLS presents, in response to Plaintiff 's most recent handwritten letter, a different mailing address for inquiries. 


UPON RECEIPT of letter dated NO DATE Plaintiff resent handwritten letter to newly given address. 


XX/XX/XXXX Phone call to SLS by XXXX because she can not create an account nor log in online still. Plaintiff is told that her loan is in bankruptcy and statements can not be generated. Again with no other offer of information. Plaintiff is routed away from customer service, placed on hold for over XXXX minutes and hung up on. Plaintiff finds that there is no viable account of her HELOC on record with SLS through attempts to log in. Plaintiff wonders if payments made so far have been applied to an account. 

XX/XX/XXXX Plaintiff sends certified handwritten letter to SLS disputing charges as inaccurate with opaque accounting. This letter has been lost, the certified receipt exists and has been included in documents. 

XXXX XXXX XX/XX/XXXX : From SLS Your qualified written request or general correspondence is currently under review. 

XXXX XXXX XX/XX/XXXX : From SLS in response to Plaintiff 's request for information. Letter includes correct interest rate and an amount due calculation that makes no sense at all of {$940.00}. There is no variation of numbers or amounts due so far presented by SLS that add up to this amount. 

*Note : Plaintiff has worked extensively in bookkeeping and went to college for accounting. She graduated from private high school in Advanced Placement calculus. She has been gifted in numbers her entire life. She has not, and does not consult an expert with regard to this or other accounting as she considers herself expert. 

XXXX also includes a copy of mortgage paperwork that XXXX did not request and does not need as she has already cited clauses in the Mortgage to XXXX, and an undated XXXX spreadsheet of received payments. The XXXX spreadsheet is the only evidence of account existence thus far. It includes several inaccuracies and a fee for {$110.00} coded XXXX XXXX. It lists a payment made of {$190.00} that was never made, a late fee of {$9.00} in the column of principal and an incorrect principal balance of XXXX. It also cites {$0.00} late fees in the late fee column. 


UPON RECEIPT of letter dated XX/XX/XXXX Plaintiff called XXXX customer service to explain that this was not the requested information. She was, again, systematically avoided. 


*Note : An additional undated spreadsheet in different format is also in XXXX 's possession. She does not know in which letter it arrived. It is not dated nor does it include an account number. It does include XXXX 's name, address and property address. It reflects the same inaccuracies as the XXXX spreadsheet. It arrived with a supplement named XXXX XXXX Definitions from which she determined {$110.00} FB meant fee billed. 


XX/XX/XXXX PLAINTIFF 'S DEBT WHILE IN DISPUTE IS CHARGED OFF BY SLS. 
This is reflected as Negative on all ( XXXX ) of her Credit Reports, XXXX, XXXX and XXXX ( evidence included in Documents ) This charge-off is a violation of the XXXX  XXXX discharge injunction as it records a dollar amount liability on Plaintiffs credit report ( XXXX ). This charge of was not described as in dispute as required by law XXXX XXXX. XXXX ( XXXX ), and stayed on all ( XXXX ) credit reports until XX/XX/XXXX. 

*Note : Most other applicable laws have been referenced in CFPB complaint letter. XXXX copies of letter were certified and return receipt mailed to XXXX at the correct address. XXXX is dated XX/XX/XXXX. 

XXXX : This is end of correspondence from SLS until XXXX ( unless letter ( XXXX ) was/were lost ) with the exception of annual XXXX Letter Dated XX/XX/XXXX : From XXXX Please be advised beginning XX/XX/XXXX your required loan payment will convert from Interest Only *Note : There is no correspondence in the year XXXX with the exception of XXXX sent yearly Letter Dated XX/XX/XXXX : From XXXX According to our records, the above-referenced mortgage account is delinquent. Contact us to discuss possible loss mitigation options. 


*Note : Plaintiff could not endure the stress of fighting with an inane servicer after XXXX and knew that she needed to retain an attorney. At first opportunity, in XXXX, she did such. 

XXXX XXXX XX/XX/XXXX : From SLS According to our records, the above-referenced mortgage account is delinquent. Contact us to discuss possible loss mitigation options. 


XXXX XXXX XX/XX/XXXX : From SLS According to our records, the above-referenced mortgage account is delinquent. Contact us to discuss possible loss mitigation options. 


Letters Dated XX/XX/XXXX [ XXXX Cerified, XXXX XXXX Mail XXXX XXXX ) Total ] Important Notice Regarding Your Mortgage Loan and Notice XXXX XXXX to Foreclose Letters include Foreclosure XXXX information obtained from CT XXXX XXXX. 
XXXX threatens negative reporting, inspections and threat of acceleration and foreclosure. 
XXXX invites customer to dispute the validity of the debt. 

The original loan dispute and multiple accounting discrepancies have never been resolved. 


XX/XX/XXXX Plaintiff consults with Attorney XXXX XXXX, XXXX XXXX XXXX, XXXX, CT. This is the first time she has been financially able to hire an attorney. 


Letter Dated XX/XX/XXXX : From Plaintiff ( XXXX ) copies mailed certified to SLS To whom it XXXX concern, I dispute the validity of this debt in response to your XX/XX/XXXX letter. 

*Note : no address for dispute communication was given in foreclosure letter. Plaintiff used the only available address at the bottom of the letter for correspondence. The same address was present at the heading of other SLS letters received by XXXX. 


Letter Dated XX/XX/XXXX : From XXXX Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan, however not at our address for such inquiries. 

XXXX XXXX XX/XX/XXXX : From SLS According to our records, the above-referenced mortgage account is delinquent. 

Plaintiffs Note/Mortgage have, at XX/XX/XXXX, reached UCC XXXX XXXX of Limitations for non-payment post end of installment period effected by discharge in XXXX  XXXX Bankruptcy UCC XXXX. STATUTE OF LIMITATIONS ( a ) Except as provided in subsection ( XXXX ), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within XXXX years after the due date or dates stated in the note or, if a due date is accelerated, within XXXX years after the accelerated due date And corresponding CT XXXX XXXX XXXX Letter Dated XX/XX/XXXX : From SLS This letter is in response to your correspondence dated XX/XX/XXXX. Included copy of the Promissory Note, copy of the Mortgage, copy of Notice of Transfer of loan dated XX/XX/XXXX and the same XXXX spreadsheet in which accounting was indiscernible to Plaintiff. It also contained a XXXX document entitled PAYMENT TRANSACTION CODES. 


XXXX XXXX XX/XX/XXXX : From Plaintiff to SLS ( XXXX ) copies mailed certified. Plaintiff restates entire past complaint in detail. Plaintiff includes specific breach of mortgage contract examples with explanation committed by XXXX, and other errors. Plaintiff states that it is my hope, that XXXX day these letters will be reviewed by a judge. 


Letter Dated XX/XX/XXXX : From XXXX Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. 


XXXX XXXX XX/XX/XXXX : From SLS We have received your correspondence regarding the above referenced mortgage account. 

Letter Dated XX/XX/XXXX : From SLS This letter is in response to your correspondence dated XX/XX/XXXX This letter is largely a repeat of what has already been forwarded. EXCEPT the interest rate of 7.75 % cited is wrong, AND due to the charge-off and XXXX XXXX XXXX Bankruptcy, we are unable to provide monthly billing statements for this loan. 


XXXX XXXX XX/XX/XXXX : From Plaintiff to SLS ( XXXX ) certified copies mailed : I received your response dated XX/XX/XXXX and post-dated XX/XX/XXXX. This XXXX weeks after my letter citing complaints dated XX/XX/XXXX. 

In this letter XXXX included proof ( included in documents ) that SLS was required to send her mortgage statements throughout XXXX as per CFPB laws for Periodic Statements. 


XX/XX/XXXX Plaintiff consults with Attorney XXXX XXXX. 


Letter Dated XX/XX/XXXX : From XXXX Specialized Loan Servicing LLC ( SLS ) has received your letter *Note this letter is also post-dated the XXXX of XXXX Letter Dated XX/XX/XXXX : From XXXX According to our records, the above-referenced mortgage account is delinquent. 


XXXX XXXX XX/XX/XXXX : From SLS This letter is in response to your correspondence dated XX/XX/XXXX. This letter is a complete repetition of previous correspondences. Except that this letter contains a form titled BANKRUPTCY HELOC PERIODIC STATEMENT REQUEST that Plaintiff did not fill out nor return. 


Letter Dated XX/XX/XXXX : From Plaintiff to SLS ( XXXX ) copies mailed certified Dear Sir or Madam, this letter is in response to your XX/XX/XXXX correspondence, and additionally, regarding a number of inquiries that I had requested remedy for previously. This letter is a restatement of requests of the previous sent. 


Letter Dated XX/XX/XXXX : From SLS Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. 
XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff. 
It was not requested. 


Letter Dated XX/XX/XXXX : From SLS Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. 

Letter Dated XX/XX/XXXX : From SLS is The Exact Same Letter Dated XX/XX/XXXX with XXXX exception. It includes a form titled BANKRUPTCY PERIODIC MONTHLY STATEMENT RE-OPT IN. This form XXXX did not fill out nor return. 

XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested Letter Dated XX/XX/XXXX : From XXXX According to our records, the above-referenced mortgage account is delinquent. 


XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested Letter Dated XX/XX/XXXX : From XXXX The Note on the above-referenced loan is now in default as a result of your failure to pay the XX/XX/XXXX payment and the payments due thereafter. Plaintiff is urged to cure the default. 

*Note : The Note was included in XXXX  XXXX Bankruptcy, uncontested and not reaffirmed. 


XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested XX/XX/XXXX Statement of account is received in the mail from SLS by Plaintiff - unrequested Letter Dated XX/XX/XXXX : From SLS Specialized Loan Servicing LLC ( SLS ) has received your letter regarding the above referenced loan. 


Attorney XXXX XXXX Served State of Connecticut XXXX complaint to SLS ****END CORRESPONDENCE UNTIL XX/XX/XXXX WHILE STATE COMPLAINT IS ACTIVE**** XX/XX/XXXX State Complaint withdrawn under advice of additional counsel. It is determined that a federal complaint will provide much more coverage. 

XX/XX/XXXX While Plaintiff is represented by an attorney SLS sends ( 1 ) Certified and ( 1 ) Regular mail letter : Important Notice Regarding Your Mortgage Loan and Notice of Intent to Foreclose Letters include Foreclosure Mediation information obtained from CT XXXX XXXX. 
Letter threatens negative reporting, inspections and threat of acceleration and foreclosure.

Letter invites customer to dispute the validity of the debt. 

The original loan dispute and multiple accounting discrepancies have never been resolved. 

Plaintiff files complaints with CFPB, XXXX, XXXX, Colorado and Connecticut Departments of Banking, Colorado and Connecticut Attorneys General. 

Plaintiff receives several pages of responses to complaints in which SLS : denies wrongdoing and commits to their inability to send statements, despite having sent ( XXXX ) unrequested statements in XXXX & XXXX Has not corrected accounting errors from XXXX SLS has committed at Minimum : Violation of CFPB requirements for Period Statements Violation of the Original Mortgage Terms Multiple threats of Foreclosure Multiple threats of and actual Negative Credit Reporting Multiple threats of unwarrented Inspections at Plaintiffs expense Multiple Statements made of Plaintiffs Delinquency regarding a loan in dispute Inflated amounts due Unauthorized Fees Deceptive and misleading practices Harassment and Abuse Direct contact while represented by an attorney Violation of the Plaintiffs XXXX  XXXX Discharge Injunction Violation of Federal and State law governing Statute of Limitations Total continuing Accounting Inaccuracies and errors : XXXX Plaintiff has suffered Stress Long term harassment Deceipt Loss of credit opportunity - A significant reduction in credit score for 7 years ( see attached XXXX point XXXX XXXX decrease ) Clouded title False light XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX nightmares XXXX XXXXXXXX XXXX on record began XXXX Suspected XXXX  on record began XXXX XXXX XXXX  began XXXX XXXX hours of time lost to research, letters, emails and attorney meetings. 




It is Plaintiffs contention that this business operates with a foundation of intentional negligence and misconduct in order to illegally, liberally and advantageously foreclose on customers. 

SLS solicited payment amounts from the Plaintiff which were a moving target in that they fluctuated absent any explanation. 

It is further Plaintiffs opinion that SLS is intentionally deceptive and dismissive of requests for transparency. Customer service intentionally evades, and deliberately attempts to cause confusion and stress as a means to induce or force payment. This is Intentional Infliction of XXXX XXXX XXXX 

Payments are intentionally misapplied, accounting is vague and threats of unwarranted and falsified negative credit reporting are not inert. 

The dispute over monetary calculations and accounting discrepancies has not been rectified by the Defendant and continues through the present date. SLS machinations were calculated to harass Plaintiff into making payments on an otherwise uncollectible loan. 


PLEASE FORWARD TO YOUR REPRESENTING ATTORNEY **** END OF COMPLAINT ****

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation