Consumer complaint received 2015-04-08
Company: SELECT PORTFOLIO SERVICING, INC.
State: VA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
Please see attached full history. 
VIOLATIONS - SERVICER FAILURES AND FRAUDSXXXX. Failure to properly respond to RESPA QWR letters including timely, and fully including a failure to provide ARM adjustment history, and investors information, securitization information and contracts, and directives relied upon for denial of loan modification. REAL ESTATE SETTLEMENT PROCEDURES ACT ( " RESPA '' ) 12 U.S.C. 2605 See Exhibits 1-52. Stating false and conflicting ownership claims. TRUTH IN LENDING ACT ( " TILA '' ) 15 U.S.C. 1641 ( f ) ( XXXX ). See Exhibits XXXX - Owner XXXX XXXX, Exhibit XXXX - XXXX XXXX Bank XXXX. as trustee for XXXX Mortgage XXXX XXXX XXXX, Exhibit XXXX XXXX XXXX states the loan is owned by XXXX Owned by XXXX ( SPS ), your servicer or an affiliated company, Exhibit XXXX -XX/XX/XXXX XXXX, XXXX - XXXX XXXX response to RESPA QWR dated XXXX XXXX, XXXX and XXXX XXXX, XXXX states XXXX XXXX XXXX XXXX XXXX XXXX, XXXX VA XXXX XXXX XXXX loan, and Exhibit XXXX - on XXXX XXXX, XXXX - XXXX Company XXXX XXXX XXXX XXXX owned subsidiary of XXXX XXXX XXXX sent a FDCPA debt letter claiming Select Portfolio Servicing is the owner of the debt. 
Exhibit XXXX -Attached to the XXXX XXXX XXXX/XXXX/XXXX letter is a Note with no endorsements. 
Exhibit XXXX - Attached to the SPS XXXX/XXXX/XXXX letter is a Note with no endorsements and a certificate of transfer claiming XXXX is transferring the loan to XXXX XXXX as Trustee for HVMLT XXXX. Also attached were XXXX screenshots from that appears to be the Mortgage Electronic Registration Systems which shows loan transfers that do not match the timelines of other statements and debt collection actions. XXXX/XXXX/XXXX XXXX transferred the loan to XXXX XXXX XXXX XXXX, XXXX/XXXX/XXXX XXXX XXXX XXXX XXXX transfers the loan to XXXX XXXX XXXX XXXX a division of XXXX XXXX Bank XXXX, XXXX/XXXX/XXXX, XXXX XXXX XXXX XXXX a division of XXXX XXXX Bank XXXX. transfers the loan to XXXX, XXXX/XXXX/XXXX XXXX transfers the loan back to XXXX XXXX XXXX, XXXX/XXXX/XXXX XXXX XXXX XXXX transfers the loan to XXXX XXXX as Trustee ( no trust named ) XXXX. Failure to properly respond to FDCPA request to validate the debt, name owner of the debt and provide full accounting and ARM adjustment history. FAIR DEBT COLLECTIONS PRACTICES ACT ( " FDCPA '' ) 15 U.S.C. 1692 See Exhibits XXXX and Exhibit XXXX. Placing lender paid mortgage insurance without disclosure and subsequent fraudulent concealment of insurance by servicers. THE HOMEOWNER PROTECTION ACT of XX/XX/XXXX ( " HOPA '' ) 12 U.S.C. 4907 See Issue # XXXX. Discrimination in loan modification. EQUAL CREDIT OPPORTUNITY ACT ( " ECOA '' ) 15 U.S.C. 1691 See Issue # XXXX. Using false entries of property value and interest rate on NPV test to deny modification and stating loan was owned by XXXXPortfolio ( Servicer owned ) when previously it was stated that XXXX XXXX owned the loan. Refusals to provide actual investor directives or even give a straight answer regarding investor. Dodd-Frank XXXX See Exhibit XXXX. Reporting the debt and not reporting it as disputed to all XXXX credit bureaus. Although the loan has been disputed including the amount due and ownership for more than 4 years within several written requests, the servicers have continued to report the debt and not reported it as disputed and have failed to properly validate the debt. FAIR CREDIT REPORTING ACT ( " FCRA '' ) 15 U.S.C. XXXX XXXX Exhibits XXXX XXXX. Failure to engage in loss mitigation as required after a bankruptcy was dismissed on XXXX/XXXX/XXXX. Instead I began receiving notices of continuing foreclosure proceeding from XXXX XXXX & XXXX on XXXX/XXXX/XXXX, and Notice of Default from SPS on XXXX/XXXX/XXXX and XXXX/XXXX/XXXX. Foreclosure proceedings again with no effort for loss mitigation. Part XXXX -- Real Estate Settlement Procedures Act ( Regulation X ) 1024.39 ( d ) ( XXXX )

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief