Consumer complaint received 2024-04-17
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Lien release
Company: SELECT PORTFOLIO SERVICING, INC. (MS)

SELECT PORTFOLIO SERVICING a company owned by XXXX XXXXXXXX XXXX has assisted and abetted as the servicer of my loan XXXX XXXXXXXX XXXX XXXX XXXXXXXX and XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX in mortgage fraud, foreclosure fraud, securities fraud, and fraud upon the courts. Upon my request for validating information to accurately submit my negotiable instrument for satisfaction of my mortgage account SELECT PORTFOLIO SERVICING issued documentation that unequivocally exposes the illegality of the mortgage contract which results in automatic discharge and cancellation of the debt note. UCC 3-203 ( b ) clearly states that XXXX XXXX XXXX XXXX XXXX lost all rights to the interest in the note once they transferred the note. I never signed with XXXX XXXX and pursuant to UCC 3-203 ( d ) never had rights to begin with due the the fact that the note was not transferred in its entirety. A partial assignee has no right to foreclose or collect. The fact that the note itself was engaged in fraud the entire contract and note are null and void. 

The note traveled from XXXX XXXX XXXX XXXX, then sold to SELECT PORTFOLIO SERVICING, then sold to XXXX XXXX XXXX XXXX XXXX and SPS decided to stay on as the servicer to for a fee to have increase financial gain. The problem is this is illegal and breaks all the laws that a XXXX is governed by that allows for the considerable tax breaks given by the IRS. Every bank listed in this complaint has an agreement on file with the SEC which states that they will not trade my security on the secondary market and the note will never leave the RIMIC that holds the note. This obvious fraud invalidates each XXXX and the IRS needs to be contacted along with FINRA, and all appropriate governing bodies.

The constant illegal transfer of the note brings to light more issues under UCC 9-109. There was never a proper release and reconveyance of the note. This is evident by the original never being updated from XXXX XXXX XXXX XXXX to the next proposed owner. Rules of severalty state that the beneficiary of the debt will release the lien and reconvey the lien of trust to maintain a clear and marketable title. There is no lien on file in the county that I reside because the debt was never mine to begin with. There is no deed of record in my county which also validates that I never had a valid loan. MERS does not transfer debt nor interest, so this system can not be used as proof of ownership.

UCC 3-419 ( c ) states that I was used as the surety in the loan and made to be the accommodating party with my signature. I never agreed to be an accomplice in this mortgage scheme. 31 CFR 363.6 will show where the initial funds derived making me the surety. Pursuant to UCC 9-210 I want the accounting according to GAAP from all parties listed in this complaint. This means I want the left and right side of the bank 's ledger which shows the list of assets and liabilities. I also am specifically demanding the XXXX XXXX XXXX XXXX XXXX. The FOIA also states my right to request this information and also pursuant to 15 USC 1692g. 1692g is not the request of the billing statements but the actual book entries. Keep in mind the monthly bills are actually evidence of the commercial book entry securities that are created from my securities account of which I am the entitlement holder. I want all of the book entries kept in TRADES, CUBES, and STRIPS. Refusal is admission of guilt which leads to automatic discharge. In case the parties involved want to have convenient amnesia I am referring to 31 CFR Subtitle B Chapter II Subchapter A part 357.

SPS is also reporting that my account is late. There are a few points that I want to bring to light. It is impossible for the account to be in arrears due to the fact that the note has not matured and is not lawfully due. If SPS as the securities intermediary/transfer agent ( aka the servicer ) had actually performed there duties of settlement services outlined in the above mentioned 31 CFR 357 then my account would in fact reflect the proper credits. Due to the securities fraud that has taken place I have been unlawfully denied my right to setoff, settle, and discharge my liabilities in accord with 31 CFR 203, 225.7, and 28 USC 2041-2045. SPS, XXXX XXXX, and XXXXXXXX XXXX are all committing restraint of trade pursuant to 15 USC 1, Pub. L. 108-237. 

XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX has committed fraud upon the courts by petition of ownership within the courts of XXXX Mississippi. This is illegal due to false and misleading documents and statements being petitioned to the courts. 

Lastly, SPS is now trying to remove themselves from this mortgage scheme by transferring the mortgage to XXXXXXXX XXXX XXXX. SPS CAN NOT TRANSFER WHAT THEY HAVE NO RIGHTS TO TRANSFER. THE NOTE CAN NOT BE TRANSFERRED DUE TO THERE NOT BEING A DEBT TO TRANSFER!