Consumer complaint received 2017-06-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
A complaint ( see attached ) was filed reflecting XXXX XXXX XXXX  Successor Trustee to XXXX XXXX XXXX XXXX Successor In Interest to XXXX XXXX XXXX as Trustee on behalf of the Holders of the XXXX XXXX XXXX Pass-Through Certificates, XXXX  Series XXXX on a LOST Note relating to XXXX XXXX and XXXX XXXX XXXX XXXX, XXXX, FL XXXX. The complaint was allegedly verified by Select Portfolio Servicing Inc as its attorney in fact ; however, in complete contradiction, attached to the Complaint is a Limited Power of Attorney ( see attached ) reflecting that Select Portfolio Servicing Inc ONLY has certain limited rights as to the Trustee XXXX XXXX XXXX XXXX ( see page 9 of Limited Power of attorney attached ) relating to the XXXX XXXX XXXX  Pass-Through Certificates, XXXX Series XXXX and NO WHERE does it mention that XXXX XXXX is the Trustee and no where has Select Portfolio Servicing Inc provided evidence that it could file and verify a complaint on behalf of XXXX XXXX XXXX and not XXXX XXXX XXXX XXXX. However, NO WHERE is there any evidence re XXXX XXXX XXXX XXXX rights either as a Trustee regarding the XXXX XXXX XXXX Pass-Through Certificates, XXXX  Series XXXX. The complaint is on a LOST Note that has been lost since XXXX based on a complaint in XXXX and transfer of a Lost Note would not have been possible and there is no evidence that Select Portfolio Servicing Inc represents the interests of XXXX XXXX XXXX  re XXXX XXXX XXXX Pass-Through Certificates, XXXX Series XXXX. Select Portfolio Servicing Inc is committing fraud upon the court with misrepresentations and does so blatantly by making claims for XXXX XXXX XXXX as trustee of the above mentioned trust while attached documents reflect a completely other entity as trustee. Moreover, the attached limited power of attorney is not done by XXXX XXXX nor XXXX XXXX XXXX XXXX yet by another entity and thus not authorized to represent any Trustee of a Trust without the Trustee 's authorization from the beneficiaries of the Trust. XXXX XXXX XXXX XXXX can not authorize Select Portfolio Servicing to represent interests of a Trust unless the beneficiaries of the Trust have authorized this representation but especially can not authorize another entity re XXXX XXXX XXXX XXXX as Trustee and then Select Portfolio Servicing bring an action on behalf of another Trustee such as XXXX XXXX XXXX. This is fraud upon the court by using false and inconsistent documents and documents that were never authorized by the beneficiaries of the XXXX XXXX XXXX  Pass-Through Certificates, XXXX Series XXXX. Fraudulent statement apparently are being committed by Select Portfolio Servicing Inc as allegedly an agent for XXXX XXXX XXXX XXXX  and/or XXXX XXXX XXXX and/or XXXX XXXX XXXX XXXX.
All of this fraud is done is addition to the violations of the bankruptcy discharge Orders and laws and debt collection harassment tactics to XXXX XXXX  whereby Select Portfolio Servicing Inc allegedly as attorney in fact for XXXX XXXX XXXX trustee obtained a court order for money payments from XXXX XXXX pursuant to the alleged Lost Note and Mortgage and requiring her to make payments despite the bankruptcy discharge of the alleged subject Note in the XXXX XXXX of Florida bankruptcy court.
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See attachments whereby the complaint by XXXX XXXX as Trustee of the subject Trustee is inconsistent with the attached limited power of attorney re the subject trust which reflects XXXX XXXX XXXX XXXX as trustee not XXXX XXXX XXXX

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