Consumer complaint received 2022-09-21
Company: SELECT PORTFOLIO SERVICING, INC.
State: PA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
Dear CFPB, Please refer to the following previous filed complaints and this new complaint as additional/new evidence supporting my allegations against SPS : XX/XX/XXXX - Complaint ID : XXXX XX/XX/XXXX - Complaint ID : XXXX The Fully Executed XX/XX/XXXX Loan Modification Agreement ( {$1500.00} per month from XX/XX/XXXX to present ) signed and dated by myself and Select Portfolio Servicing ( SPS ) Document Control Officer XXXX XXXX is attached. 

COVID-19 Forbearance Pre-Modification Payments ( paid to SPS via Personal Checking Account ) : XX/XX/XXXX - {$770.00} XX/XX/XXXX - {$770.00} XX/XX/XXXX - {$770.00} COVID-19 Trial Priod Plan Payments ( paid to SPS via Personal Checking Account ) : XX/XX/XXXX - {$1400.00} XX/XX/XXXX - {$1400.00} XX/XX/XXXX - {$1400.00} Up to Date Loan Modification Agreement Payments to SPS Account ( Mortgage Payment of {$1500.00} includes Monthly Escrow Payment Amount of {$780.00} paid via Personal Checking Account ) : XX/XX/XXXX - {$1500.00} XX/XX/XXXX - {$1500.00} XX/XX/XXXX - {$1500.00} XX/XX/XXXX - {$1500.00} XX/XX/XXXX - {$1500.00} XX/XX/XXXX - {$1500.00} Total Escrow Payments XX/XX/XXXX through XX/XX/XXXX : {$4600.00} The XX/XX/XXXX Fully Executed Loan Modification Agreement supersedes any modification, forbearance, trial period plan, or other workout plan that Borrower ( XXXX XXXX XXXX ) previously entered into with Lender ( SPS ) and refutes false claims and fabricated calculations made by SPS of a negative Escrow Balance of {$3700.00}, and a significantly higher Unpaid Principle Balance ( UPB ) of XXXX that SPS reported and stated in their XX/XX/XXXX correspondence they will continue to report to Credit Reporting Agencies with what is now confirmed by the Fully Executed Loan Modification Agreement as being false and inaccurate information. 

Even though any/all prior escrow shortages are included in the XX/XX/XXXX Loan Modification Agreement, please note that at no time did SPS submit an Escrow Shortage Notice to the Complainant in XXXX of XXXX for the Complainant to make payment on. Instead, SPS inaccurately and falsely alleged a negative Escrow Shortage in the amount of {$3700.00}. 

The XX/XX/XXXX, Fully Executed Loan Modification Agreement states as follows : This Loan Modification Agreement ( " Agreement '' ) is effective XX/XX/XXXX, between XXXX XXXX XXXX ( Borrower ) and Select Portfolio Servicing , Inc., acting on behalf of the owner of the note ( " Lender '' ). 

Paragraph 1. Borrower Representations and Covenants. Borrower certifies, represents, covenants, and agrees as follows : e. Borrower has made or will make all payments required under a trial modification plan or loan workout plan, if applicable. 

Paragraph 2. The Modification. 

b. The modified principle balance of the Note will include all amounts and arrearages that will be past due as of the Modification Effective Date ( INCLUDING unpaid and deferred interest, fees, ESCROW ADVANCES and other costs, but excluding unpaid late charges... The new principle balance of the Note will be {$190000.00}. 

d. Borrower has agreed to establish an escrow account to pay for property taxes, and homeowner 's insurance and pay a MONTHLY ESCROW PAYMENT in the initial amount of {$780.00}. Borrower 's total monthly payment of principle, interest and ESCROW WILL THEREFORE BE EQUAL TO {$1500.00} ... BORROWER WILL BE NOTIFIED OF ANY CHANGES. 

Paragraph 3. Other Agreements- Borrower and Lender also agree to the following : a. This Agreement shall supersede any modification, forbearance, trial period plan, or other workout plan that Borrower previously entered into with Lender. 

On XX/XX/XXXX, SPS Customer Advocate XXXX XXXX provided a response to Complaint ID : XXXX via the CFPB website and the SPS website XXXX 

SPS/Customer Advocate Representative XXXX XXXX has broken the terms of the XX/XX/XXXX Fully Executed Loan Modification Agreement, engaged in predatory lending practices, retaliated against the Complainant, threatened to continue reporting knowingly false and inaccurate information to the Credit Reporting Agencies , and has intentionally mislead the CFPB by submitting documentation that does not supersede the XX/XX/XXXX, Fully Executed Loan Modification Agreement that was signed and dated by XXXX XXXX XXXX on XX/XX/XXXX and by SPS Document Control Officer XXXX XXXX on XX/XX/XXXX. 

I respectfully request the CFPB to accept the XX/XX/XXXX Loan Modification Agreement as irrefutable evidence against SPS and to forward copies of my complaints involving SPS to the Federal Trade Commission ( FTC ) for further investigation and regulatory violations handled by the FTC as they pertain to SPS.

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