Consumer complaint received 2015-08-06
Product: Mortgage — Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account — 
Company: SELECT PORTFOLIO SERVICING, INC. (NY)

SPS failed to answer a majority of questions in the QWR letter dated XX/XX/XXXX from the XXXX and XXXX XXXX ( " the XXXX '' ). SPS says that the questions posed in the letter were " so broad that we can not determine the specific error you claim has occurred on your mortgage. We have determined these assertions are overly broad and therefor are unable and are not required to respond. '' This is a stock fallback non-answer, a loophole permitting a non-response and we reject that position. SPS has provided in writing through previous correspondence that the " investor '', " creditor '', " noteholder '', and/or " owner of the account '' is : " XXXX, as Trustee, Successor in interest to XX/XX/XXXX, XXXX XXXX, as Trustee for XXXX XXXX. " However, XXXX, as Trustee, denies that they are the owner of the mortgage and note. In a letter dated XX/XX/XXXX, XXXX XXXX XXXX of XXXX stated that, " XXXX is merely the trustee for the Trust which owns the mortgage and note. Please note that the Trust is the owner of the mortgage and note, not the trustee, or XXXX in its individual capacity. '' ( See XXXX letter. ) We now submit the following NEW ( not duplicative ) questions in the form of a QWR under Real Estate Settlement Procedures Act ( RESPA ) Section 6. 

1 ) Who is the owner of the note and mortgage? A copy of the SPS letter dated XX/XX/XXXX stated that the " note holder '' ( also incorrectly referred to as " investor '', " creditor '' ) is : " XXXX, as Trustee, Successor in interest to XXXX, as trustee for XXXX XXXX XXXX XXXX, who is the owner of the account, and SPS is the mortgage servicer. '' Nowhere does SPS refer the XXXX as the " Lender ''. No documents have been provided verifying when or how XXXX became the noteholder. ( Pursuant to Dodd-Frank Amendments to TILA we have the right to request the identity ( ies ) of the holder of the mortgage note at any time 15 U.S.C. 1641 ( f ). ) 2 ) Who are the servicers ( all current and all prior ) for the above referenced note and mortgage? Pursuant to 12 USC 2605 ( b ), 24 CFR 3500.21 ( d ). We have not been notified of all servicing transfers of the loan. Provide the names and addresses of any servicer who accepted monthly payments for the loan and who administered the loan. ( Pursuant to guidelines issued on XX/XX/XXXX by the Office of the Comptroller of the Currency, SPS should have received a signed contract from the transferor ( s ) and other documents providing evidence of the debt in question. ) Provide all account numbers used by the bank ( and its predecessors ) to identify the debt at issue. 

3 ) What is the payoff amount of the debt at issue? How is this amount calculated? ( SPS failed to respond to our questions in our XXXX QWR about accounting for the loan including XXXX # XXXX and XXXX # XXXX " Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities ''. ) 4 ) Did SPS report delinquencies or other negative information to credit reporting agencies? The XXXX obtained copies of their credit report from XXXX and XXXX XXXX which list erroneously that the " Account previously in dispute - now resolved - reported by credit grantor ''. We dispute any and all information provided by SPS to any agency, as this information is false and deceptive. These matters have not been resolved.