Consumer complaint received 2021-12-11
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
What is tax evasion? " Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trust and others. XXXX XXXX has a strict Rule when it comes to Intangible & stamps taxes due on instruments. See Florida statute 199.282 ( 4 ) - '' No Mortgage, deed of trust, or other lien upon real property situated in this state shall be enforceable in any Florida court ... ..until the nonrecurring tax imposed by this chapter, including any taxes due on future advances, has been paid and the clerk of circuit court collecting the tax has noted its payment on the instrument or given other receipt for it ". 
201.08 ( 1 ) ( b ) '' The mortgage, trust deed, or other instrument shall not be enforceable in any court room of this state as to any such advance unless and until the tax die thereon upon each advance that may have been made thereunder has been paid ''. SPS contents to have enforcement over two loan modification agreements. One dated XX/XX/XXXX, by XXXX and the other dated XX/XX/XXXX by Select portfolio servicing. The lender has evaded the Intangible & stamps tax imposed by Florida Statute on both instrument, which deems the instrument a NULL and VOID until such advances on the new contract have been paid. The statute mentioned above are straight forward, a lender will never have any enforceability until the taxes due are paid. Can the lender record the instrument at this juncture? The short answer is no. Both loan modifications reveal that it was never notarized, nor contain the legal description of the property. XXXX XXXX will not accept any instrument for recording unless the lender provides the ORIGINAL INSTRUMENT REFLECTING THE ORIGINAL NOTARIZATION. Can a judgment be entered on a property where the new mortgage fails to contain the legal description? See Florida caselaw ... .XXXX XXXX XXXX XXXX v XXXX XXXX... A judgment shall never be entered until the issue surrounding the legal description on the instrument is fixed. Under Florida law a judge will allow for the bank to fix the issue but in the event the issue can not be resolve, the judge has no other alternative to dismiss the case. In order for the instrument to be fixed, it requires the signature of the debtor. We are not signing anything. Select portfolio has been given enough time to correct their tax evasion error. Select portfolio is fully aware they must dismiss the case, the statute is straight forward as mentioned before, in non legal terms " you can't pass go, " you can't collect XXXX XXXX dollars '' just like in the XXXX game. Because you have failed to set aside the non-enforceable instrument we are now contacting the following : Florida tax collector office, Inspector General, XXXX XXXX attorney Office, Department of Justice XXXX IRS, Florida Attorney General. No one in the United Sates of America can evade taxes, not even XXXX XXXX. Want to put this to the test? watch me

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