Consumer complaint received 2018-05-09
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
As of XX/XX/XXXX XXXX [ XXXX ] on behalf of XXXX XXXX nominee and beneficiary as of or thereon XXXX XXXX, Select Portfolio Servicing IncXXXX on XX/XX/XXXX, and XXXX XXXX XXXX XXXX as of XX/XX/XXXX attemtpted to false report a mortgage on the customers property and names that of XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. They have yet to provide any factual evidence of such debt and have shared this information with agencies companies and banks or such the like but not limited to government credit agencies and so on. We have requested information on multiple times to varify and validate with wet signatures, originator of said debt and such the like but have failed to do so for the past four years or less. This is another request in a form of legal letter [ s ] and forms which they must provide or admit to the following ; XXXX XXXX XXXX and XXXX XXXX XXXX never had a mortgage with XXXX XXXX NA [ XXXX ] Select Portfolio Servicing Inc. [ SPS ] nor with XXXXXXXX XXXX XXXX XXXX XXXX XXXX [ XXXX ]. Such was created out of identity theft forgery spilling over to the FDCPA and FCRA of said agencies but not limited thereto credit reporting agencies involved via CFPB. 

The customers have never had a mortgage with XXXX XXXX XXXX XXXX XXXX formerly known as " XXXX XXXX XXXX XXXX XXXX XXXX XXXX '' nor with XXXX [ XXXX ] XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and beneficiary, nor XXXX and The Loan Servicing Center of [ S.P.S ]. Nor do the customers have a credit history with either bank agency or corporation and are impeding upon the Constitutional rights and such will be dealt with harshly by the law of the land. 

To ; The Administrators of said Officers within XXXX [ XXXX ] Select Portfolio Servicing Inc. XXXX XXXX and all those whom allege to a Mortgage loan Servicing and such the like not limited to employees. This letter is lawful notification to you, pursuant to The Bill of Rights of the National Constitution, the Supreme Law of the Land, in particular, the First, Fourth, Fifth, Sixth and Ninth Amendments, and the Hawaii State Constitution, in particular, Article 1, Sections 1, 2, 3, 4, 5, 6, 7, and 8, and pursuant to your limited delegated authority in your position as a public servant, specifically that of " Inspector '', and requires your written response to me specific to the subject matter. For the following Account # XXXX, XXXX and others alleged loan numbers with an alleged balance of {$460000.00} approximately for said property XXXX XXXX XXXX XXXX XXXX CA [ XXXX ]. 

PLEASE VARIFY AND VALIDATE INCLUDING BUT NOT LIMITED TO THE FOLLOWING ; BUT NOT LIMITED THERETO OTHER PRIVATE INFORMATION ; Please provide an original authenticated with signatures in color ink that matches signatures. 
Please provide an accounting [ not a statement ] of the alleged mortgage. 
Please proved an affidavit by employees whom alleged this to be a mortgage. 
Affidavit in support of the alleged debt by CEO, CFO, officer [ s ] within said agency or bank. 
A contract with both parties signatures thereon the documents as a proven agreement contract. 
This letter is lawful notification to you, pursuant to The Bill of Rights of the National Constitution, the Supreme Law of the Land, in particular, the First, Fourth, Fifth, Sixth and Ninth Amendments, and the Hawaii State Constitution, in particular, Article 1, Sections 1, 2, 3, 4, 5, 6, 7, and 8, and pursuant to your limited delegated authority in your position as a public servant, specifically that of " Inspector '', and requires your written response to me specific to the subject matter. Your failure to respond, within 30 days, as stipulated, and rebut, with particularity, everything in this letter with which you disagree is your lawful, legal and binding agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful and binding upon you, in any court, anywhere in America, without your protest or objection or that of those who represent you. Your silence is your acquiescence. See : XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX. Notification of legal responsibility is " the first essential of due process of law. '' Also, see : XXXX XXXX XXXX XXXX XXXX XXXX XXXX. " Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading. '' You are bound as a public servant to uphold and support the Constitution of the United States of America and the Constitution of Hawaii, and pursuant to this binding, you are required to abide by the authority of said Constitutions in the performance of your official duties. You have no Constitutional or other valid authority to defy the Constitutions, to which you owe your LIMITED authority, delegated to you by and through the People, and to which you function as an " inspector for the State of Hawaii '' ; yet, by your actions against me, committed on XX/XX/XXXX, by which you, contrary to the Supreme Law : ( 1 ) Trespassed on my property and ( 2 ) where you unlawfully cited me, and in so doing, you breached the limited delegated authority of your position by violating my Constitutionally guaranteed Rights and all aspects of due process of law, in particular those rights secured in the Bill of Rights, including, but not limited to, my 1st, 4th, 5th, 6th, 7th, and 9th Amendment Rights and those rights guaranteed and protected in the Hawaii Constitution Bill of Rights. By your unlawful actions, you acted in sedition and insurrection against the Constitutions, both federal and state, and in treason against the People, in the instant case, me.

You have no authority or power to enter my private property uninvited and make claims against me in direct violation of my Constitutionally guaranteed and unalienable rights. There is no authority in the Federal Constitution, whatsoever, for the existence of administrative agencies, in general, and specifically, for the agency for which you allegedly work. Neither the Federal Constitution nor the Hawaii Constitution, authorize any agency or agents thereof, as are you, to convert the unlimited, unalienable Rights, guaranteed to the Citizens of this Nation and this State, in the instant case, me, into privileges, which are then regulated or taxed, as agencies of government are unlawfully doing in most states or to impose punitive actions upon Citizens, such as me, for simply exercising our Rights to freely enjoy our right to life, liberty, and the pursuit of happiness on our own property! 

As you well know, I displayed no errant behavior and harmed no one by my actions ; yet, you made an unwarranted, unlawful assumptions or presumptions, not based on any facts, laws or evidence, that I have mortgage loan with your company, as such recorded a mortgage assignment on XX/XX/XXXX and have attempted to file this similar information with other government agencies local and such the like. Through this entire process you have unlawfully refused to verify and provide proof of wet signatures, in real color ink, not copies of forgeries, through the presentation of your authority over my property and land, and that you were or are lawfully holding the position you claimed and were abiding under the limited delegated authority, you have attempted to take my property or fine me without due process of law. As such you stated that you are a 3rd party debt collector on the behalf of XXXX XXXX whom alleges to be the nominee and beneficiary with not documents from their officers. Please provide this also herein this matter. You had no authority to make assumptions or presumptions about me or to issue me a " notice of violation '', as I was exercising my lawful right to be secure in my property and to pursue happiness as I so choose on my own property. Further, no Citizen-party made a sworn complaint against me alleging damages caused by my alleged actions, thus, you had no probable cause for your actions upon me, as you did. All of the charges against me are fraudulent, bogus, without substance, not based in truth, fact, law, and evidence, and not supported by the superseding Supreme Law of this Land, namely, the Constitution of the United States of America.  Pursuant to XXXX v. XXXX, ( XXXX ), all laws repugnant to the Constitution are null and void. Your charges and your actions are repugnant to the Constitutions, thus, are without the weight of law and without valid authority. Anytime public servants violate Rights guaranteed to Citizens in the Constitutions, they act outside the scope of their limited delegated duties and authority, thus, by their own actions, invoke the self-executing Sections 3 and 4 of the 14th Amendment ; thereby vacate their offices and forfeit all benefits thereof, including salaries and pensions, as you did. 

You are accountable and liable to the People for your unconstitutional actions and failures, and the People have the authority to hold you fully responsible and liable for your unlawful actions, which I fully intend to do. You are required to have certified proof as to your position and authority as a public servant and bonds to guarantee your faithful performance of your duties, pursuant to thereto, as the law requires. I respectfully demand that you send me a certified copy of this certification and copies of all bonds you are required to obtain according to law. 

By your stepping outside of your delegated authority you lost any " perceived immunity '' of your office and you can be sued for your wrongdoing against me, personally, privately, individually and in your professional capacity, as can all those in your jurisdiction, including your supervisors and anyone having oversight responsibility for you, including any judges or prosecuting attorneys and public officers for that jurisdiction, if, once they are notified of your wrongdoing, they fail to take lawful actions to correct it, pursuant to their obligations, and/or oaths and their duties, thereto. If you and your company fail to act and correct the matter, then, you condone, aid and abet your [ criminal ] actions herein this matter be it in court and such the like, and further, collude and conspire to deprive claimants XXXX XXXX XXXX & XXXX XXXX XXXX and other Citizens of their Rights guaranteed in the Constitutions, as a custom, practice, policy and usual business operation of their office and the jurisdiction for which they work. 

This constitutes treason by the entire jurisdiction against claimants, and based upon the actions taken and what exists on the public record, it is impossible for any public servant to defend himself against treason committed. Be assured that I will claim and protect my Constitutionally guaranteed Rights which you and this entire jurisdiction have unlawfully, and without Constitutional authority, denied. If you disagree with anything in this letter, then rebut that with which you disagree, in writing, with particularity, to claimants administrates and or IN PRO PER, within 30 days of this letters date, and support your disagreement with evidence, fact and valid Law. Your failure to respond, as stipulated, is your agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful, and is your irrevocable agreement attesting to this, fully binding upon you, in any court in America,  without your protest or objection or that of those who represent you. Claimants XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX have no mortgage with the alleged mortgage companies, nor have given any consent thereto any contract thereto this matter. They in such dispute all allegations herein this matter not limited thereto other hidden information and such the like. Claimant of this complaint and matter has provided factual evidence of a payoff but lack the information of the warranty deed from XXXX Mortgage rather has provided the payoff documents on about XX/XX/XXXX. 

NOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASSIGNS *******SILENCE IS ACQUIESCENCE******* _____________________________________________________________________ THIS IS ALSO A NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO THIS PRESUMPTIVE LETTER OF VALIDATION OF PURPORTED DEBT 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 required documents herein this matter. 

All Rights Reserved, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This information was sent thereto attorneys representing said agencies involved and have until XX/XX/XXXX to respond. This case is not currently in litigation nor has it been filed or added thereto the current litigation which was filed by XXXX [ XXXX ] Select Portfolio Servicing Inc XXXX XXXX and XXXX XXXX XXXX XXXX but a new case is underway if not added thereto the current case by the Federal Courts within the next 30 days or until XX/XX/XXXX. Such notifications have been mailed thereto respective banks and agencies as of XX/XX/XXXX. 

Notice this case will be filed as a FDRPA FCRA and not limited thereto RESPA TILA and so forth.

Company response to consumer: Closed with explanation