Consumer complaint received 2015-05-19
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage
Issue: Improper contact or sharing of info
Sub-issue: Talked to a third party about my debt

Complaint:
XXXX of all, identity theft was committed using my decease mother 's and my name and social security numbers number to open different accounts with different account numbers in order to collect on an alleged debt that was duly satisfied, written off and then sold. Did n't return and answer all the questions in the Qualified Written Request and Debt Collector Disclosure Statement. It included an Affidavit for person of authority to complete concerning the alleged debt. They skirted and defrauded the states of the lawfully required recording fees. and fraudulently recording of documents on the state and county levels even using my decease mother to file Notices of Default, assignments of Mortgage including substitution of Trustees. Look like they back dated some of them in order to appear that they were submitted. I am also disputing the validity of the assignment in order to protect the interest of the holder/investor//real party of interest. They are not the real party of interest. A securitization audit with and expert witness shows they are not party of interest and violated the transfer and tax laws according to ( FSA ) Financing Accounting Standards and RIMIC, Real Estate Mortgage Investment Conduits, The REMIC holds all the loans together into a pooling and servicing agreement. However, because they chose to avoid the IRS tax rules for double taxing, they pass on the real party of interest/ownership of the asset to the individual shareholders. So neither the REMIC nor the Trustee may foreclose. ( PSA ), Pooling and Servicing Agreement, FDCPA Laws, FTC, Privacy Laws, Social Security Act, ( FACTA ). They filed inaccurate derogatory information on my credit reports, thereby damaging my credit which results into injury. The agencies may have violated the ( FRCA ) by selling my information to third parties, ( TILA ) They violated the TTILA by not disclosing verbally that I had three year to rescind my contract. We were not told that the note was a monetary instrument and that a note in a mortgage transaction exceeds a maturity of nine months, and therefore it is already a security. Ref 15 U.S.C 78 ( c ) ( 10 ). Therefore, any reference to a note is your/knowledgeable, willful fraud by conversion, intent and action. Without Disclosure XXXX XXXX, XXXX XXXX, and associates registered the note as a security with the SECURITIES AND EXCHANGE COMMISSION using form XXXX. Fraud was committed because under U.C.C 3-306, there can not be a holder of due course on a promissory note after you deposit it so you use off balance sheet bookkeeping under ( FSA ) Financing Accounting Standards to hide the asset of the true creditor. All banks and subsidiary mortgage companies follow FAS standards.FR XXXX is XXXX of XXXX reports that are filed on XXXX form in which the public has a right top disclosure under the Privacy Act that shows the purported borrower 's asset and you, XXXX XXXX, XXXX XXXX and or your parent corporation, other subsidiaries, agents, liability.You are required under 12 U.S.C. 248 and 347 to file an FR XXXX balance sheet. Your liability is my promissory note. It is your liability because it is an asset to me. I am demanding copies of the XXXX registration statement XXXX you and anyone connect to you that shows THEY sold the note that is a transfer, the XXXX ( b ) ( XXXX ) prospectus, the balance sheets FR XXXX, XXXX, and XXXX that have XXXX number on them and a re subject to disclosure under the Privacy Act, Title U.S.C. 552 ( a ). You, your associates and previous purported owners of the note have " intentionally created fraud in the factum and withheld from me vital information concerning said debt and all of the matrix involved in making the loan. Filed an incorrect California Declaration of Compliance ( CAL.CIV.CODE 2923.55 ( c ) ) We are appealing California Declaration of Compliance and filing a XXXX with the SEC for illegal trading of securities.

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