Consumer complaint received 2023-03-23
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage — 
Company: Specialized Loan Servicing Holdings LLC (MI)

First off, Because im not a borrower on the HELOC it was impossible to get information about the loan from SLS LLC I had to get my ex to write a letter or do a 3-way call SLS LLC is required to first obtain a court order establishing the liability for the debt and any ownership interest in the property and is barred from foreclosure by advertisement. Due to my divorce decree ( MICHIGAN ) SLS LLC failed to notify me of the mortgage assignment. SLS LLC failed to provide the me with the required written notifications and violated my rights under Michigan Law. The Real Estate Settlement Procedures Act ( RESPA ) is a federal law that requires certain disclosures to be provided to borrowers in connection with the transfer or sale of their mortgage. Specifically, RESPA requires that borrowers be provided with a notice of transfer of servicing rights when their mortgage is sold or assigned to a new servicer, including when the mortgage is assigned to a trust. RESPA requirements for notification of mortgage transfers to a trust : Timing of Notice : The notice of transfer of servicing rights must be provided to the borrower at least 15 days before the effective date of the transfer, unless the borrower receives the notice at or before the time of the transfer. 
Content of Notice : The notice of transfer of servicing rights must include the following information : 1. The effective date of the transfer of servicing rights 2. The name, address, and telephone number of the new servicer 3. A statement that the transfer of servicing rights does not affect any terms or conditions of the mortgage, except those directly related to the servicing of the loan.

4. A statement that the borrower has the right to continue to submit loan payments to the old servicer for up to 60 days after the effective date of the transfer, if the borrower sends payments to the old servicer by mistake. 
5. A statement that if the borrower has a dispute with the new servicer regarding the servicing of the loan, the borrower must submit a written request for information or notice of error to the new servicer 's designated address for such requests.

Method of Notice : The notice of transfer of servicing rights may be provided to the borrower by mail or electronically, if the borrower has consented to receive electronic communications.

SLS failed to respond to my written request for validation of debt this debt is 19 years old and is not reported on my credit report. 
SLS LLC failed to provide monthly statements, a notice of default with intent to collect, a loss mitigation application and any notification of reinstatement rights. I found out about the assignment to XXXX XXXX XXXXXXXX XXXX  because it is written in the published Foreclosure by Advertisement notice. 

I received a written letter dated 2 days after the publication of foreclosure. Adding mail time from XXXX Michigan ( location of XXXX XXXX their Lawyer 's office ) to XXXX Michigan ( my location ) the first notification to me was at least 4 days after the XX/XX/XXXX Foreclosure by Publication. SLS LLC is required to provide me with a written Notice of Intent to Foreclose at least 30 days before initiating foreclosure proceedings of any kind. ( RESPA ) ( FDCPA ) I was not able to protect my interest in the property. 

They have a legal duty to use due care. 

The Federal stature, RESPA, imposes various duties on SLS LLC See 12U.S.C. 2605. One of these duties is to respond appropriately to certain borrower inquiries, called qualified written requests. Id 2608 ( e ). If a mortgage servicer fails to comply with its duty to respond appropriately to a qualified written request from a borrower, then that borrower is entitled to any actual damages to the borrower as a result of the failure. Id 2605 ( f ) ( 1 ) ( A ).