Select Portfolio Servicing ( SPS ) has continued to not resolve the dispute that had led to the filing of complaint numbers XXXX XXXX XXXX XXXX and XXXX against SPS and XXXX and XXXX against XXXX with the CFPB.
In my last five complaints filed against SPS I have continually asked for proof that the foreclosure is judicial. They have constantly answered that the foreclosure is judicial. They went as far as sending me a copy of a letter dated XX/XX/XXXXfrom XXXX that states the foreclosure is judicial. In their last response to complaint number 5 ( XXXX ) they state the foreclosure is non-judicial. This is the exact problem I am having with SPS. They keep lying to both the CFPB and to me. It took five complaints to get the right answer on this one issue. This makes the other issues listed in all the complaints vital to determining the truth and SPS has still not resolved these other issues. They are again repeated below. It is SPSs and the note holders responsibility to get all of the information that concerns this mortgage from XXXX, they can not just pick and choose what to get and what not to get. It is their responsibility to get these recordings from XXXX and to address all the issues. After five complaints I have finally been proved right about the foreclosure being non-judicial and it has never been converted. SPS must be compelled to adequately answer all the issues that they have continually lied about. They say they asked XXXX about the Disaster Relief program I was enrolled in and they have taken XXXX word over mine that there is no evidence that I was told that the payments I missed were to be added to the back end of the loan in the form of a workout ( XXXX representatives word not mine ). SPS has taken the word of a bank that has been fined billions of dollars by the U.S. Government for their illegal activities. Now that it has been proven that XXXX has lied on the foreclosure process why does SPS think they havent lied about the conversations I had with XXXX representatives and the agreement that they offered to me and I accepted? Below is a list of all the issues still needing to be answered. SPS must adequately answer every issue in these complaints.
1 ) SPS has not provided any evidence that the mortgage originator and mortgage broker were licensed in Hawaii at the time I received my mortgage. If they were not, then the mortgage is void and unenforceable, a precedent set by a Hawaii Supreme Court decision inXX/XX/XXXX.
2 ) They have not investigated my claim of an agreement I had with XXXX prior to SPS taking over the servicing of the mortgage that is detailed on recordings that XXXX owns. SPS states that XXXX does not have any evidence of the agreement. The agreement is stated on the recordings and without hearing the recordings, which is the evidence XXXX is suppressing, then my complaints will continue until XXXX and SPS comply.
3 ) SPS continues to mislead the CFPB by stating that they have tried to reach me by telephone but fail to acknowledge that I have returned their phone calls when they leave messages. I reviewed my caller ID this morning and found more recent phone calls from SPS were made but there werent any messages left on my voice mail. This is another deception by SPS to attempt to deceive the CFPB into thinking that I am unreachable and do not return phone calls. If a voice message was left I have always returned the call. I can not see caller ID when I access messages from a remote location. If a voice message was not left I have no knowledge of the call. As of this morning there are ten calls shown on caller I.D . since XX/XX/XXXX that were from SPS, with no messages left on voice mail.
On XX/XX/XXXXat XXXX XXXX HST I received a call from XXXX XXXX at SPS. He left a voice message and I returned the call nine minutes later at XXXX XXXX HST. I spoke to XXXX XXXXs and asked for XXXX XXXX. She told me that XXXX XXXX would give me a call on XX/XX/XXXX I never received a call. This is what SPS does, they dont follow through with what they say they are going to do and then they say that I am unreachable.
4 ) SPS continues to state in their correspondence that they are committed to helping people retain their homes. I have given them every opportunity to honor the XXXX  agreement, which is listed in all of my CFPB complaints. Once they honor the agreement I will gladly resume my payments. They also must fix my credit report because I would have resumed my payments as agreed onXX/XX/XXXX if the agreement I had with XXXX was honored at that time. As stated in previous complaints, I am continuing to get punished by negative reports on my credit report because I do not have another option to defend myself in this dispute. As previously stated numerous times over the last few years, I can resume my payments at any time, but SPS can still foreclose and will continue to designate 180-day late notices on my credit reports. Also, SPS and XXXX  do not have offices in Hawaii so I can not subpoena the recordings. I am confident that if a foreclosure is filed, and the mortgage is not void and unenforceable, that the Judge will order the recordings I have continually requested, delivered to the court. I have made every effort to keep a foreclosure from proceeding but SPSs continuing refusal to demand XXXX turn over the recordings, and their repeated statements that the matter has been resolved, has led to these drastic actions.