Consumer complaint received 2017-12-25
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
The offer to fully pay/discharge the attached claim of debt on the condition that the claiming parties comply with this notice within 10 days of receipt of this correspondence has now passed, XXXX XXXX and all banks involved Mortgage XXXX XXXX XXXX, XXXX XXXX XXXXXXXX and including Select Portfolio Servicing have been notified that this debt was created by identity theft of the real parties in interest who owns and controls the real property located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX California [ XXXX ]. XXXX XXXX had XXXX years to notify all parties as the once alleged they owned the loan then later stated that they where only the servicer. Deceptive and misleading, all banks involved. More over Select Portfolio Servicing has failed to also not limited to XXXX XXXX XXXX and XXXX XXXX XXXX to verify the alleged debt. The documents they provided are fraud and forged. It is believed that the Notary XXXX XXXX forged the documents on behalf of XXXX XXXX XXXX MERS and other banks involved. This was kept in fraud movement due to employees XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX and other XXXX XXXX employees. Select Portfolio Services did as XXXX XXXX and all other banks involved failed to verify this alleged debt and has repeatedly produced new and more forgeries newly created. 
The following documents provided by all banks involved and as others stay quite not producing or announcing their presence as requested. 
1.The Deed Of Trust is possible forged by XXXX XXXX It is believed that several XXXX XXXX employees and notary are known XXXX users 2.The entire loan document is forged and or robo signed by banks and their employees Core Logic stated that XXXX account for XXXX XXXX was created XXXX XXXX, and again on XXXX XXXX, XXXX acting as a medium to pay taxes therefrom No signatures of agents and or officers have been provided to verify this alleged mortgage 3.The loan itself is fraud due to the timing 4.There is no credit history with either banks for a mortgage loan and therefore all information has been deleted from the real party ( s ) in interest Aka the real property home owners. 
5.There is no credit check history for this fraudulent alleged loan which indeed and in all accounts shows that there was clearly Identity Theft. 
XXXX XXXX California XXXX XXXX are investigating and has stated that this is common in the state of California known as DEED FRAUD 6.Court records that clearly indicate that XXXX XXXX XXXX nor XXXX XXXX XXXX have anything to do with any loans such as Mortgages Bank Loans nor any other type of loans not limited to addresses and other locations listed on credit report in the process of being removed, the court case and such is undisputed by all banks whom was notified of such claims. 
7.Along with new documents presented by SPS and XXXX XXXX and its employees listed therein not limited to SPS non XXXX documented agents and or officers there are several documents not listed from HUD. Rule XXXX states all stated from XXXX XXXX and others are hearsay. Not admissible in any court or legal proceedings. 
XXXX XXXX and XXXX refused to provide all listed information including a wet signature which it is impossible to have due to the forged signatures upon the documents produced by SPS and XXXX which has been deemed forgeries more over no names or personnel has listed as in history of position title how long have they worked with the alleged records department bio resume etc, .. this is clearly fraud identity theft extortion. 
9.Since the banks know that XXXX XXXX XXXX and his company is owed {>= $1,000,000} from his investments with XXXX XXXX XXXX XXXX now XXXX XXXX Securities they are attempting to extort distract and harass for monies not owed and or at least proven 10.Banks continue to request the same documents of police reports signatures and affidavits from the real property owners XXXX XXXX XXXX and XXXX XXXX XXXX which has been provided for the past two years yet they ignore those documents by creating in their minds an illusion that the attack upon their names and good reputation that some how the real property owners would simply give in and pay them 11.JPMorgan Chase/WaMu had received {$830000.00} for the alleged loan note by the insurer of this alleged loan rather they continue to attempt to extort 12.XXXX can not and is not legally in the position to own property nor to collect any funds be it servicing nor by way of a foreclosure all attempts in doing so has created a lawsuit against all involved. 
Pursuant to the truth in lending laws of the United States Code, Title 15 1601 et. seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et.  seq. 
This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. 
This notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : The name and address of the organization or other governmental unit alleging a debt ; The name and address of the person or persons in that organization or other governmental unit alleging a claim of a debt ; A copy of a alleged promissory note that has been forged is not verification. Both signatures from both sides are a true verification of a debt. The name of the actual creditor even if that is myself ; The origin of the funds used to create this alleged claim of a debt The actual records of the organization or other government unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt. 
The actual records of the organization or other governmental unit with a live signature on any and all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by a similar name. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. 
The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 1601 et. seq. and Regulation Z.

The actual records of the organization or other governmental unit showing that any and all document/instrument ( s ) containing my signature or the likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt. 
The person that prepares and swears to the validation of debt must describe : 1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) how long have you been in your position ; 4 ) when did you first come in contact with the alleged account/debt ; 5 ) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; 6 ) are you the person/employee who regularly works with the alleged account/debt ; and 7 ) do you have personal knowledge about the alleged debt and/or any alleged account.

15 U.S.C. 1692 ( e ) states that a false, deceptive, and misleading representation, in connection with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.

Pursuant to 15 U.S.C. 1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.

This is a constructive notice that, absent the validation of your claim within 10 days, you must cease and desist any and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each and every attempted contact, in violation of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.

None of the banks involved have provided requested information within the past three years and such case ten [ 10 ] days has been passed and no more time is allotted and such lawsuits are in process to be filed against all involved including personnel and or person aka corporations banks.

Further, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal, or holder in due course, for whom you are attempting to collect this alleged debt. 
Please take notice that this is a criminal investigation of the business practices of the above named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your enclosed claim of collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 471, 472, 473 and/or 513, and further : using corrupt business practices to make and possess false records and claim of obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C. Title 18 1961 et. seq. and further : using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341 Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. 1842 Fictitious Names. 
Select Portfolio Servicing along with XXXX XXXX and XXXX XXXX has produced nothing but hearsay RULE 602 states that if its not first hand knowledge its inadmissible in any legal proceedings.

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