Consumer complaint received 2019-03-06
Company: SELECT PORTFOLIO SERVICING, INC.
State: TX
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
Select Portfolio Servicing XXXX XXXX XXXX XXXX XXXX XXXX, Utah XXXX ATTENTION : Notice of Error RE : HOME Equity Loan, XXXX XXXX, with the following loan numbers : l. XXXX XXXX # XXXX assigned by XXXX XXXX 2. XXXX XXXX number assigned by XXXX on XX/XX/XXXX is Loan # XXXX 3. XXXX  new loan number assigned XX/XX/XXXX is XXXX I am requesting a copy of servicing file for all lenders that have had any interest in this loan. Additionally, I am requesting an audit of all the payments, trial loan modification payments and the payments independently paid for escrow account as a part of any trial modifications to bring the escrow account to a level balance, any credits, fees charged, interest of the accounting of all three loan numbers to validate the represented balance on the account plus any additional amounts claimed against this HOME EQUITY LOAN. 
XXXX XXXXXXXX XXXX, XXXX servicing, and XXXX plus XXXX XXXX have repeatedly sent partial accounting records on this HOME EQUITY LOAN that only go back to XXXX XX/XX/XXXX and have stated they have no further records. Although XXXX  XXXX XXXX recorded a questionable transfer and assignment of this loan in XX/XX/XXXX and then filed for foreclosure and received a court order of such in XX/XX/XXXX, they have consistently responded to repeated requests for records by saying they have none from both the time they are claiming ownership of the loan from XX/XX/XXXX up to XXXX XX/XX/XXXX when XXXX reassigned the loan and also they have none of the original XXXXt XXXX records from XX/XX/XXXX up to XX/XX/XXXX including a XXXX trial modification finalized with payments and also a {$2500.00} payment for escrow shortage. Even more conflicting is the fact that AFTER the XX/XX/XXXX alleged transfer of the loan to XXXX XXXXXXXX XXXX and also the XX/XX/XXXX foreclosure action, XXXX  XXXX signed XXXX trial modifications in XXXX and then in XXXX and accepted trial modification payments but apparently did not credit those payments anywhere that I can find. They also paid all taxes and insurance on the HOME Equity Loan during all years before the accounting begins with XXXX in XXXX and where it shows that XXXX back charges for taxes and insurance along with many fees and interest. Please see the attached index of events which will show the dates. I have not been able to get the records from either XXXX or XXXX and have spent years searching and rebuilding events as best as I could. I do have a 2 think indexed and tabbed binder of all the documents that have taken a long time to trace back and put into order. I am happy to provide a copy if you require them but in all honestly I would guess that a bank should have that and all previous records to validate the balance and ensure all is in order. 

In addition, I am requesting validation of the accuracy of legal signatures and representation of the following documents : l. XXXXXXXX Transfer and assignment document recorded in XXXX and XXXX XXXX which is signed by XXXX XXXX and prepared by XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX have been disposed in several fraudulent signature convictions for signing assignments as representatives of XXXX XXXX  XXXX when  they were not in fact authorized to sign the documents. ( They signed up to XXXX a day illegally ). Please see the index attached for 5 cited actions against this person and corporation. 
2. XXXX XXXX Affidavit for foreclosure filed on behalf of XXXX XXXXXXXX XXXX by XXXX XXXX, who certifies his knowledge of the loan documents and accounting and warrants them and the assignment as legally correct. Mr. XXXX is also cited for falsely signing documents and is also listed in the index document provided for your review of the history and documents of the HOME EQUITY LOAN. 
3. XXXX Transfer and assignment recorded in XXXX XXXX ( have not found it in XXXX XXXX yet ) that was prepared by Core Logic and signed by XXXX XXXX, who is also cited for falsely signing documents. In addition, the notary is cited as signing under various signatures and as falsely signing documents. 
Since there seems to be disparity between the ownership and accounting records and conflicting dates of service and accounting I request clear and accurate chain of title that has been reviewed as to accuracy legally and also an audit and accounting of the loan from the beginning of the loan thru todays date. If errors are confirmed then interest and fees will also require correction. 


Thank You XXXX XXXX MAILING ADDRESS : XXXX XXXX XXXX, XXXX, Texas XXXX ( XXXX XXXX XXXX XXXX XXXX : Texas Attorney General OCC DOJ XXXX DC, XXXX

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