Consumer complaint received 2024-10-15
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: SELECT PORTFOLIO SERVICING, INC. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Property Information Assessor Parcel Number : XXXX XXXX : XXXX XXXX Census Tract : XXXX Housing Tract Number : XXXX Lot Number : XXXX Page Grid : XXXX Description : Lot XXXX, Tract Number XXXX Abbreviated Description : Lot XXXX, XXXX Number XXXX Property Characteristics : XXXX bedrooms, XXXX bathrooms, XXXX XXXX XXXX, Year Built XXXX, Square Feet XXXX, Lot Size XXXX, Single Family Residential Dear CFPB I am writing in response to the notice to quit dated XXXX. I believe this notice is invalid for the following reasons : Debt Validation Request : I requested validation of the debt, two days before the foreclosure took place, and the foreclosure proceeded without proper validation, including the failure to provide the original promissory note.

Fraudulent Foreclosure : Both XXXX XXXX XXXX and another mortgage company XXXX XXXX XXXX XXXX  involved in this case have been found to engage in fraudulent practices. This property, originally owned by my mother, has been subject to predatory lending practices since XXXX. 
Recent Death of XXXX XXXX : The foreclosure occurred shortly after the passing of XXXX XXXX XXXX, who deeded the property to me and my brothers in XXXX. The mortgage company has not been notified of his death as I have not yet obtained his death certificate. 
Denial of Loan Assumption and Modifications : Despite my attempts to assume the loan and provide documentation showing my status as the deed holder, all requests for loan assumption, modifications, and deferments were denied. XXXX XXXX was in a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX before his passing, which further complicated the situation. 
Attempts to Obtain Relief : I applied for mortgage relief and renters relief in California, but all attempts were denied despite my compliance with all requirements. I also attempted to pay off the loan before realizing the loan was fraudulently executed, with the promissory note turned into a security without disclosure to my parents. Possession of the Property : I hav
e been in physical possession of the property since XXXX, after XXXX XXXX a

bandoned it. This further supports my standing to challenge the foreclosure and eviction. Successor in Interest : As the successor in interest, I have the right to act on behalf of the property. The servicer was aware of my possession of the property and my status on the deed of trust, which constitutes automatic notice of adverse possession. Violation of RESPA : The lenders failure to properly validate the debt and provide the original promissory note is a violation of the Real Estate Settlement Procedures Act ( RESPA ). Repeated Foreclosures : This is not the first time the property has been foreclosed on while XXXX XXXX was in a XXXX XXXX XXXX. I previously filed bankruptcies on behalf of XXXX XXXX to save the property, and the foreclosure was reversed once before. The repeated foreclosures without proper debt validation and arbitration further demonstrate the fraudulent nature of these actions.

I request that the court halt any eviction proceedings and any subsequent processes thereof until a thorough investigation and court ruling is conducted. 

Sincerely,., XXXX : XXXX, XXXX, XXXX