Consumer complaint received 2022-11-08
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: SELECT PORTFOLIO SERVICING, INC. (CA)

I am a homeowner with title to property located in XXXX XXXX XXXX, California. I am currently seeking to refinance the homestead, but I am being stonewalled by the actors who say they represent a creditor. I have sent a Qualified Written Request and Debt validation letter, but they refuse to send any copy of the alleged or implied unpaid loan account that they claim rights to administer, collect or enforce. 

And to be clear, this is not coming from a distressed homeowner. It is coming from a homeowner who is willing to pay off the implied loan account in full based on the balance due in that account. 

Despite formal and informal requests, I have no further information on any authority for anyone to act as an agent since I have yet to hear directly from any party who was or could be a current creditor. I did believe that there was an unpaid loan account on which I was making payments, and I am still current on scheduled payments. 

If satisfaction and release of the note and lien are executed and recorded, it must ( as per California law ) be done by the beneficiary under the deed of trust or a party that has the written authority of the beneficiary to do so upon the beneficiary 's acknowledgment of ownership of the unpaid loan account and acknowledgment of payment in full, which I am prepared to do. 

SPS ( Select Portfolio Servicing, owned by XXXX XXXX ) refuses to pass on our questions to the party it says is the owner/creditor of an unpaid loan account due from me. I have never received any notice from any XXXX of any company or bank that asserts ownership of the unpaid loan account if it exists. 

This is interfering with my ability or refinance or sell the property. I am told by representatives of SPS that I can get a title insurance policy issued, but that does not address the title issue. I do not want protection against a lawsuit ; I want a conveyance and release that makes a lawsuit impossible. 

Given the widespread fabrication of documents that have been the subject of nearly a XXXX dollars in settlements and agreements to start complying with the requirements of RESPA and the FDCPA, it would seem obvious that the simple answer to my simple questions would be readily available -- -i.e., that I would receive a statement from the creditor ( not an agent ) affirming the existence of the unpaid loan account on its books and records, the appointment of SPS XXXX or someone else ) as an agent and directing my payments to the agent. 

Thus far, all I have ever received are instructions from people claiming to be servicing the loan account but not providing any statement from the alleged creditor that this is authorized by an XXXX of the creditor, who owns the unpaid loan account that is implied to exist on the books and records of the named creditor. And while assignments have been recorded, there is no affirmative action undertaken by the alleged creditor accepting the assignment or acting in any way consistent with ownership. All questions relating to the balance on the creditor 's books are diverted to SPS, which only has a " payment history. '' I continue to make payments solely to avoid the threat of foreclosure. But at this point, I am certain that my payments have been collected as revenue and not credited to any unpaid loan account. This should be the subject of both FTC and CFPB investigations. 

I executed loan documents naming " XXXX  XXXX XXXX '' and " XXXX XXXX Mortgage XXXX '' as lenders in the first and second mortgages, respectively. Still, concerning making payments or the authority of an agent to collect payments from me, the last time I heard from either was the " closings. '' XXXX  XXXX XXXX was acquired by XXXX XXXX on XX/XX/2008, without any assignment of my mortgage -- - nor any transaction in which XXXX XXXX paid for or otherwise acquired my alleged debt, note, or mortgage in a purchase, sale, or assignment transaction. 

Multiple documents have been recorded reciting facts that are not founded on any events, transactions, or conveyances from any person or company that ever owned anything relating to my transactions. Despite the above-referenced settlement with the XXXX XXXX of all XXXX states and the U.S. Department of Justice , these documents continue to be filed and continue to be fabricated out of thin air. 

It is not up to me to prove that the loan account doesn't exist. If someone is making a claim based on the existence of a loan account, then they need to show the loan account to me. SPS ( and XXXX XXXX, XXXX XXXX, and other actors ) have stonewalled every request to do that, leaving me and any future lender in a quandary as to whether and how to complete any further transactions. 

My statutory letters are uploaded with his complaint, including the " response '' that refuses to even acknowledge the questions it refuses to answer. It comes in an unsigned letter indicating an employee of SPS. Still, it does not specifically state that the employee has performed any investigation or possesses any personal knowledge of the accounts or ledgers of the creditor.