Consumer complaint received 2017-05-18
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: SELECT PORTFOLIO SERVICING, INC. (FL)

R   E :   XXXX   XXXX   XXXX  , SUCCESSOR TRUSTEE TO REGARDING :   XXXX   XXXX   XXXX   XXXX  , ALLEGEDLY AS SUCCESSOR IN INTEREST TO   XXXX   XXXX   XXXX  , AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE   XXXX   XXXX   XXXX   PASS-THROUGH CERTIFICATES,   XXXX   XXXX    XXXX - XXXX , PLAINTIFF, AND CASE NO.   XXXX   AND VIOLATIONS OF BANRUPTCY DISCHARGE ; VIOLATIONS OF ATTEMPTS TO COLLECT DEBT PRIOR TO FORECLOSURE ACTION ALSO ; AND ATTEMPT IN BAD FAITH IN VIOLATION TO SEEK DAMAGES IN EXCESS TO THAT PERMITTED BY LAW DUE TO THE FLORIDA STATUTE OF LIMITATIONS THAT BARS ALL DAMAGES PRIOR TO THE DISMISSAL OF THE XX/XX/XXXX  FORECLOSURE ACTION in  XX/XX/XXXX Subject Foreclosure Property Address :   XXXX   XXXX   XXXX   XXXX   XXXX   FL   XXXX   Banruptcy Debtor,   XXXX   XXXX  , pursuant to section 90.202 of the Florida Statutes Matters which may be judicially noticed and section 90.203 of the Florida Statutes, request the CFPB to take judicial notice of the following related bankruptcy records and violation of bankruptcy related orders : 1. Order of Discharge of Debtor,   XXXX   XXXX   dated  XX/XX/XXXX in Case No.  XXXX  of the United States Bankruptcy Court for the Southern District of Florida ( attached as Exhibit A ) ; 2. Filing #   XXXX   filed in this action by Defendants bankruptcy attorney on  XX/XX/XXXX  ( attached as Exhibit B ) regarding Suggestion of Bankruptcy re Defendant,   XXXX   XXXX   Case No.  XXXX  of the United States Bankruptcy Court for the Southern District of Florida ; 3. Filing #   XXXX   filed in this action by Plaintiff on XX/XX/XXXX  ( attached as Exhibit C ) regarding Notice of Filing of Order Granting Relief from the Automatic Stay dated  XX/XX/XXXX  in Case No.  XXXX  which Orders that Movant [   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   as successor by merger to   XXXX   XXXX   XXXX   as trustee for   XXXX   XXXX   XXXX   Pass-Through Certificates   XXXX   XXXX   XX/XX/XXXX -  XXXX   ] shall not seek an in personam judgment against the Debtor ( s  ) [    XXXX   XXXX   ]   ; 4. Order to Stay this action by Judge   XXXX   XXXX   dated XX/XX/XXXX  ( attached as Exhibit D ) due to suggestion of Bankruptcy filed on XX/XX/XXXX ; and 5. Plaintiffs Motion for an Order to Show Cause for Payments During Foreclosure ( attached as Exhibit E ) and subsequent Order dated  XX/XX/XXXX  requiring payments pursuant to Plaintiffs motion ( attached as Exhibit F ) in violation of the related bankruptcy orders and in contradiction to the Complaint seeking in Count I Mortgage Foreclosure to foreclosure a mortgage on real property ( paragraph 1 of the Amended Verified Complaint ). Plaintiff does not even have the original note as it seeks in Count II Re-Establishment of Lost Note without the proper verification under penalty of perjury as required pursuant to Florida Statutes 702.015 ( 5 ) and 92.525 and Florida Rule of Civil Procedure 1.115 ( d ). This is likely because   XXXX   XXXX   XXXX    ALLEGEDLY as Successor Trustee to   XXXX   XXXX   XXXX   XXXX  , SUCCESSOR IN INTEREST TO   XXXX   XXXX   XXXX  , AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE   XXXX   XXXX   XXXX   PASS-THROUGH CERTIFICATES,   XXXX   XXXX    XX/XX/XXXX -  XXXX   is NOT the Successor Trustee legally and did not comply with pooling and servicing agreements. There are inconsistencies in the alleged affidavit of lost re when Plaintiff came to hold the Note which is impossible based on bakruptcy records. Furthermore, the Assignment of Mortgage recorded in official public records to   XXXX   XXXX   was not at a time when   XXXX   XXXX   XXXX   no longer existed and thus on information and belief Plaintiff is trying to retroactively acquire property which it is not entitled to. Moreover, this hurts the real creditor or lien holders out there to allow this stranger Plaintiff to come and pretend it is entitled to a lost note without any evidence of chain of title and an Assignment of Mortgage that post dates the existence of   XXXX   XXXX  . Despite Court Orders and bankruptcy discharge and despite Plaintiff even filing bankruptcy records in Florida court,   XXXX   XXXX   XXXX  , ALLEGEDLY as Successor Trustee to   XXXX   XXXX   XXXX   XXXX  , SUCCESSOR IN INTEREST TO   XXXX   XXXX   XXXX  , AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE   XXXX   XXXX   XXXX   PASS-THROUGH CERTIFICATES,   XXXX   XXXX    XX/XX/XXXX - XXXX  seeks MONIES from Defendant   XXXX   XXXX  .   XXXX   XXXX   requests the Court to take judicial notice of the attached records and violation of related bankruptcy orders ; to vacate the Order in the trial court order in action CASE NO.   XXXX   in  XXXX  County dated  XX/XX/XXXX  requiring payments of monies by Defendant,   XXXX   XXXX   ; dismiss CASE NO.  XXXX  in   XXXX   County and file a recorded satisfaction of mortgage in official public records of   XXXX    County as sanctions. Moreover pursuant to the Florida Statute of Limitations due to a prior  XX/XX/XXXX  XXXX  foreclosure action, the damages thhat Plaintiff seeks is beyond the permissable amount pursuant to FL Statute of Limitations. The amount of any final judgment or any amounts owed should be limited and exclude all damages including principal payments, interest, fees, costs etc that were incurred prior to the dismissal of the  XX/XX/XXXX  action on  XX/XX/XXXX . These principal payments, interest, fees, and costs exceed over {$100000.00} nevertheless despite the law of statute of limitations, Plaintiff   XXXX   XXXX   seeks in BAD FAITH to collect damages beyond that which it is authorized by the Florida Statute of Limitations. Any alleged amounts owed under the note that would be reduced to a final judgment should without further argument be reduced to exclude any damages for principal payments due prior to XX/XX/XXXX and any interest and fees and costs prior to that date as well. Furthermore, prior to the filing of the XX/XX/XXXX  foreclosure action mentioned above, Plaintiff or its alleged agents, such as Select Portfolio Servicing Inc. called and harassed   XXXX   XXXX   for payment despite her repeated statements to them that the debt was discharged and that she had left the property in XX/XX/XXXX  During that time, the zombie property sat abandoned and in disarray until la te  XX/XX/XXXX  or after but meanwhile   XXXX   XXXX   's name was being disparaged because her name was the on the property, neighbors were irrate due to the horrible condition of the property that occurred after   XXXX   XXXX   left the property and Plaintiff and or its agent or   XXXX   XXXX   XXXX   continued to call and send letters to bankrupt debtor harassing her to pay the Note or subject loan and threatened via telephone that the sheriff would come for not paying the subject loan - despite discharge in bankruptcy. During bankruptcy and until late  XX/XX/XXXX ,   XXXX   XXXX   always made statements to the harassing callers that the property was discharged in bankruptcy or was sitting abandoned. However,   XXXX   XXXX   had to take action to protect herself because neighbors were upset, the property electrical and plumbing and tiles and roof were destroyed by squatters and the   XXXX   County was posting violation notices against   XXXX   XXXX  . Plaintiff,   XXXX   XXXX   and/or   XXXX   XXXX   XXXX   and/or SELECT PORTFOLIO SERVICING INC and/or its agents have acted in BAD FAITH ; have harassed a discharged debtor ; have disparaged her reputations with neighbor and   XXXX   County that harassed her with lien/violation notices despite fact she was not living at the property and had wanted the owner of the Note to take the property and care for it. Instead   XXXX   XXXX   claims it has rights now to a LOST Note and thus if no note exists there can be no foreclosure and there is no evidence that   XXXX   XXXX   had any rights in the subject Note on or before the discharge in bankruptcy of   XXXX   XXXX   of the note debt or thereafter and without a note can not legally foreclose. Consequently for violating federal bankruptcy law and orders and harassment pre and post foreclosure of a discharged bankrupt debtor along with disparagement of her name,   XXXX   XXXX  , a Satisfaction of Note and Mortgage should be filed and recorded in official public records and any foreclosure cases dismissed and vacated as sanctions.