Consumer complaint received 2017-10-06
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
1. This is a complaint alleging fraud and " wrongful attempted foreclosure, unlawful debt collection and unlawful attempted seizure of property '' in violation of the FDCPA and GA O.C.GA. 16-14-4. 

2. XXXX XXXX has notified us by USPS that they have scheduled a foreclosure sale of our property for XXXX/XXXX/XXXX. See EXHIBIT-1, letter/notice. 

3. XXXX XXXX and its client ( s ) is fraudulently claiming to hold a secured interest in our property which they allege gives XXXX XXXX a right to foreclose on behalf of its clientXXXX XXXX  XXXX. rights are predicated upon a false clime. Whereas, XXXX XXXX has use a false clime as a pretext to send a foreclosure notice/letter almost every month for the past 2 years. there is no lender/creditor holding title to, or a secured interest in our property. 

4. XXXX XXXX XXXX allegation is an intentional misrepresentation of a material fact. XXXX XXXX have previously made the false representation to this agency, and to other state and federal officials to facilitate its collection or seizure of property they are not entitled to possess. We are now attempting to convince this agency to force XXXX XXXX to cease and desist its predatory collection practices and harassment of us. We as Seniors Citizens have a right to live free of such degradation. Therefore, I present the following conclusive documented evidence in support of my complaint : 5. Whereas, according to " Georgia Superior Court Clerks ' Cooperative Authority '', the official property records, shows that XXXX XXXX XXXX claim to hold a secured interest in our property is in direct conflict with, and in fact contradicts the Cooperative Authorities ' official records. See EXHIBIT-2, Affidavit and EXHIBIT-3 ( a 20 yr. title search report ) that shows that the Current Deed is the original warranty deed. 

6. Not only did Georgia Superior Court Clerks ' Cooperative Authority OVERLOOK the documents recorded by XXXX AS NOMINEE for XXXX XXXX XXXX XXXX at deed book XXXX page 276, and deed book XXXX page 47, the Cooperative Authorities ' official records reviled that a unrecorded assignment was made by XXXX AS SERVICER FOR XXXX XXXX XXXX XXXX, MIN STATUS : INACTIVE, MIN # : XXXX. ( unrecorded assignment dated XXXX XXXX, XXXX ). 

7. Obviously, the unrecorded transaction was also OVERLOOKED by Georgia Superior Court Clerks ' Cooperative Authority -- -- the Authority 's records shows that all previous security instruments are ether released cancelled or otherwise overlooked as defective or unrecorded ; Hence, according to the Superior Court Clerks ' Cooperative Authority 's '' official property records the WARRANTY DEED recorded at deed book XXXX and page 676 is in fact the CURRENT DEED. 

8. WHEREAS, if the original warranty deed that conveyed the property to us is now, according to official record, the " current deed '', any other recorded deed is OVERLOOKED as being outside the chain of title, defective or unrecorded. 

9. I, XXXX XXXX XXXX DO HEREBY declare that I commissioned XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, CA XXXX to complete a 20 YEAR TITLE SEARCH and thereafter furnish me with a documented report. See Title Search Report at EXHIBIT-3. 

10. Specifically, we are disputed a ) the identity of any true secured lender/creditor, and b ) the existence of any legally collectable/reportable debt, and c ) the authority and capacity of anyone to collect on behalf of any alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, we asked XXXX XXXX, XXXX to perform a title search to determine the chain of secured ownership from the purported original secured lender/creditor to the current alleged secured lender/creditor. With the final results of the title search now completed, we ask all interested parties to review the attached EXHIBIT-3, A 20 YEAR TITLE SEARCH REVEALING THAT THE DEED REFERENCED IN paragraph 7 ABOVE IS IN FACT THE CURRENT DEED and no RELATED JUDGMENTS, UCC 's AND LIENS AGAINST OWNER is attached.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation