Consumer complaint received 2015-11-18
Company: SELECT PORTFOLIO SERVICING, INC.
State: AZ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
SPS WAS NOTIFIED THAT THE PROPERTY TITLE WAS CLOUDEDThe XXXX Notified SPS of the obvious errors and issues concerning the false and forged nature of Their Promissory Note ; Deed of Trust XXXX Corporation Assignment Deed of Trust ; and the Substitution of Trustee where Bank XXXX " Trustee '' assigns XXXX XXXX, In place of the XXXX XXXX as Trustee. 
XXXX XXXX never assigned beneficial rights to the Bank XXXX XXXX XXXX XXXX as Trustee! 
XXXX deny without dishonor any new Loan Servicing agents, Assigned by the Bank XXXX XXXX XXXX XXXX Trustee. 
SPS States : " SPS is a third party mortgage servicer and services liens on behalf of the Note holder, which includes enforcing the mortgage and note provisions. '' It 's a Material fact the documents SPS as servicer XXXX ... have been using in their attempt to foreclose are a fiction and meritless. 

XXXX claim that Pursuant to XXXX. XXXX XXXX, If SPS as servicer continues to claim an interest in, for the Bank XXXX XXXX XXXX XXXX, as Trustee f/k/a Bank XXXX in trust for registered holders XXXX Asset-Backed Certificates, XXXX XXXX, or a lien or encumbrance against, XXXX real property, claiming the documents are valid, knowing or having reason to know that the documents are forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the XXXX or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action. 
The XXXX claims against Servicers SPS and the Bank XXXX XXXX XXXX XXXX per XXXX. XXXX violations are not waived by A.R.S. XXXX ( c ). as noted in the Release of XXXX XXXX attached in supporting documents. 
XXXX failed to prove their standing under A.R.C.P. XXXX ( a ), that they are the Real Party in Interest in the underlying transaction and entitled to ownership and possession of the XXXX property under the Note and/or Deed of Trust. 
When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in XXXX. XXXX, the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to XXXX. XXXX '' Since no one is able to produce the " instrument '' there is no competent evidence before the any XXXX that any party is the holder of the alleged note or the true holder in due course. 

Servicers SPS for XXXX have failed or refused to disclose the Agreement by not giving a full and complete response to the XXXX : Non-negotiable Demand for Discoveries Adequate Assurance of Due Performance XXXX XXXX 2015 Non-Negotiable NOTICE FOR REQUEST OF CONFIRMATION ( 1 ) OF TEARMS AND CONDITIONS OF AGREEMENT AND ADEQUATE ASSURANCE OF DUE PERFORMANCE THAT THE BANK XXXX XXXX XXXX XXXX DID NOT BREACH AGREEMENT " OF TRUST '' ; Non-Negotiable NOTICE OF BREACH OF AGREEMENT ; XXXX XXXX 2015 Non-Negotiable NOTICE OF HOLDER IN DUE COURSE STATUS ; XXXX XXXX 2015 Non-Negotiable NOTICE and DEMAND FOR FULL DISCLOSURE ; XXXX XXXX 2015. 
Non-Negotiable NOTICE for REQUEST OF CONFIRMATION ( XXXX ). XXXX XXXX 2015. 
Notice to " Qualified Written Request '' under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, XXXX U.S.C. XXXX ( e ) Notice to Principal is Notice to Agent. Notice to Agent is Notice to Principal

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation