Consumer complaint received 2017-09-18
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: SELECT PORTFOLIO SERVICING, INC. (CA)

XX/XX/XXXXSelect Portfolio Servicing , Inc . ( Purported Sub-Servicer, Loan # XXXX ) ATTN : Ombudsman Department XXXX XXXX XXXX XXXX XXXX XXXX XXXX UT XXXX Via Facsimile : XXXX  Via Email : XXXX XXXX XXXX XXXX ( SUBSTITUTED TRUSTEE DOC # XXXX ) ( Acting as TRUSTEE under the Deed of Trust # XXXX ) ATTN : XXXX XXXX XXXX  VP of Operations XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX Via Facsimile : XXXX  Via Email : XXXX XXXX XXXX XXXX XXXX ( Purported Trustee for the Trust BSMF TRUST XX/XX/XXXX-AR5, Loan # XXXX ) ATTN : LEGAL DEPARTMENT XXXX XXXX XXXX XXXX XXXX XXXX  SD XXXX Via Facsimile XXXX XXXX  XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) ( Purported Lender & Originator of Purported Loan # XXXX ) ATTN : LEGAL DEPARTMENT XXXX XXXX XXXX XXXX XXXX XXXX LA XXXX Via Facsimile : XXXX RE : CEASE AND DESIST LETTER FOLLOW-UP REGARDING TRUSTEE SALE NO : XXXX CA ; SELECT PORTFOLIO SERVICING LOAN # XXXX ; PROPERTY ADDRESS : XXXX XXXX XXXX XXXX CA XXXX REFERENCE TO CFPB CASE # To whom it may concern : This is to formally notify you I just received inconsistent responses to my Cease and Desist Letter datedXX/XX/XXXX from SPS less than one month ago ( the envelope was not dated therefore, I can not give you a specific date and XX/XX/XXXXwas not received by me until XX/XX/XXXXand I need more time to respond. The information coming in all at one has been overwhelming and both SPS and XXXX XXXX have sent responses without CFPB assigned case numbers and these additional mail have responses that have been changed and reworded and documents enclose are also have a slight variation. I need more time to properly respond.
Meanwhile, you must continue to Cease and Desist all trustee sale activities until I am given proper time to respond. Both SPS, and XXXX XXXX have requested additional time and I should be allowed the same consideration.
You must Cease and Desist especially for the following reasons with regards the Corporate Assignment of Deed of Trust, Instrument # XXXX ( AODOT ) and the Substitution of Trustee, Instrument # XXXX ( SOT ). Both Instruments are invalid due to evidence that the documents were executed fraudulently.
1. The Corporate Assignment of Deed of Trust, Instrument # XXXX ( AODOT ) must be VOID for the following reasons : a. XXXX XXXX XXXX does not have any authority to sign as a XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) Employee.
b. XXXX XXXX XXXX was also a XXXX XXXX XXXX XXXX ( XXXX ) employee on XX/XX/XXXX. She was working in the Chain of Title Department fulfilling a variety of tasks.
c. XXXX XXXX XXXX has been known to sign for XXXX  as Vice-President.
d. The acknowledgement is does not conform to California and Louisiana Laws/Statutes.
e. XXXX XXXX the Notary is authorized so perform Notarial acts within her Parish, and how can she acknowledge XXXX XXXX XXXX signature if she is a XXXX employee and XXXX is located in XXXX  Michigan?
f. Once again, there is no supporting document attached to the AODOT, showing that XXXX XXXX has authority to sign for XXXX.
g. On my Cease and Desist letter datedXX/XX/XXXX, I asked for even a CORPORATE RESOLUTION as required under the XX/XX/XXXX consent order in XX/XX/XXXX and yet, I still have not received this document from either SPS and, orXX/XX/XXXX
h. There is no mention of the ADJUSTABLE RATE NOTE ( NOTE ). The DEED OF TRUST, Instrument # XXXX ( DOT ) must follow the NOTE.
i. This was not acknowledged Under Penalty of Perjury and it also does not conform to the Corporate Acknowledgement laws/statues of Louisiana. It also does not conform to Californias Corporate Acknowledgement within that state either. California Civil Code 1189 and 1190.
XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) is a DEFUNCT company. XXXX filed a certificate of surrender on XX/XX/XXXX. XXXX XXXX ( System, without an s ) was suspended to conduct business in California on XX/XX/XXXXandXX/XX/XXXX ( Systems, with an s ) registered with the California Secretary of State in XX/XX/XXXX. XXXX can not be a nominee under DOT for several reasons but especially because XXXX was not licensed to conduct business in California.
l. XXXX XXXX was a Senior Vice President at XXXX XXXX XXXX ( XXXX ), located in Florida ( now is a CIO ) prepared the AODOT. XXXX is a mortgage m. document preparation and recording company. XXXX XXXX while employed at XXXX, PREPARED THE AODOT and sent the blank document to XXXX XXXX XXXX XXXX a Senior Operations Specialist who was employed at XXXX n. from XX/XX/XXXX through XX/XX/XXXXsigned the blank document prepared by XXXX  on XX/XX/XXXX. XXXX XXXX XXXX, sent the executed AODOT, without an attached XXXX  Corporate Resolution attached as required, especially by the XXXX Consent Order in XX/XX/XXXX back to XXXX. XXXX  then, requested for the AODOT to be recorded at the XXXX XXXX County Recorders Office onXX/XX/XXXX.
o. This AODOT is clearly robo-signed and fraudulent.
p. The chain of title is BROKEN. See the MISSING ASSIGNMENTS ( securitization ) below.
i. Assignment from XXXX to XXXX XXXX XXXX ( Sponsor for the purported Trust, XXXX XXXX XXXX Funding Trust XXXX ( XXXX XXXX ) is missing.
ii. Assignment from XXXX to XXXX XXXX XXXX XXXX XXXX XXXX. ( XXXX XXXX ) ( Depositor of XXXX XXXX ) q. CA Civil Code 1190, Proof of Acknowledgement of Instruments. The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the orm specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. Duly authorized person, with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation.
r. The AODOT in XXXX XXXX opinion is a WILD DEED. A wild deed is a recorded deed that is not in the chain of title because a previous instrument connected to the chain of title was not recorded. This wild deed, Instrument # XXXX will not, can not provide constructive notice to later purchasers of the property, because subsequent bona fide purchasers ( BFP ) can not reasonably be expected to locate the deed while investigating the chain of title to the property. A wild deed is also known as a thin air deed.
The Problem of the Wild Deed : If a deed, entered on the records ( A to B ), has a grantor unconnected to the chain of title ( O to A ), then deed is a wild deed. It is incapable of giving record notice of its existence.
s. The NOTE and DOT was never assigned to the trust when the Trust, XXXX XXXX inXX/XX/XXXX.
t. UNPERFECTED LIEN. In XX/XX/XXXX there was blanket lien perfection under California Commercial Code XXXX the Assignment of Deed of Trust must be filed within 20 days of XXXX sale to, in this case based on the AODOT, XXXX would have to be the new investor.
u. Fraudulent indorsement on the Adjustable Rate Note.
v. Unclean Hands.
w. False Claims x. The AODOT was recorded onXX/XX/XXXX while XXXX XXXX was still in ACTIVE Chapter XXXX  Bankruptcy. This only proves that the purported loan # XXXX by XXXX had an UNSECURED STATUS when he filed for Chapter XXXX Bankruptcy protection on XX/XX/XXXX. This is a violation of the Automatic Stay. The Creditors were asked to file their PROOF OF CLAIM, and not attempt to perfect a lien and fraudulently claim ownership without satisfactory evidence as XXXX or XXXX.
y. There are other issues XXXX XXXX finds to be irregular and questionable with regards to the AODOT and we will address them at another time.
2. The Substitution of Trustee, Instrument # XXXX ( SOT ) should be VOID for many reasons : a. First of all, XXXX XXXX XXXX XXXX XXXX ( XXXX ) can not be the Trustee of the purported Trust, XXXX  XX/XX/XXXXfor reasons mentioned in Section 1 above.
b. The SOT is invalid because it was executed by a XXXX XXXX, a Select Portfolio Servicing, Inc. ( SPS ) Document Control Officer onXX/XX/XXXX. SPS claims to be the Attorney-in-Fact to the purported current BeneficiaryXXXX XXXX as the Trustee of the Trust XXXX XXXX Per Section 24 of the DOT, only the lender is names as the party authorized to appoint a successor trustee. The Deed of Trust does notallow for the beneficiary to execute the Substitution of Trustee.
c. The SOT Notary Acknowledgement does not conform to California and Utah Laws/Statutes.
d. CA Civil Code 1190, Proof of Acknowledgement of Instruments. The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. Duly authorized person, with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation.
e. There is not a Sub-By-Code Declaration of record as required by CA Civil Code 2934a ( 2 ) ( D ). The statute states the following : Notice of the substitution was sent by certified mail, postage prepaid, with return receipt requested to each holder of an interest in the obligation secured by the deed of trust who has not joined in the execution of the substitution or the separate document.
The separate document shall be attached to the substitution and be recorded in the office of the county recorder of each county in which the real property described in the deed of trust is located.
Once the document required by this paragraph is recorded, it shall constitute conclusive evidence of compliance with the requirements of this paragraph in favor of substituted trustees acting pursuant to this section, subsequent assignees of the obligation secured by the deed of trust and subsequent bona fide purchasers or encumbrancers for value of the real property described therein.
f. The Grantor Trustor, XXXX XXXX is not listed on the Index which doesnt allow contructive notice. When you search for recorded documents, the SOT does not appear. This has been addressed numerous time and including to XXXX XXXX XXXX Vice-President of XXXX XXXX XXXX onXX/XX/XXXXand her reply to me was, its not our fault that the County Recorder erroneously did not index the Substitution of Trustee properly. Later that day when I sent her an email recapping the days events and correspondence and telephone conversations. Since XX/XX/XXXX XXXX XXXX and I keep good, clean and concise records of all correspondence and conversations.
g. XXXX XXXX the Notary is authorized so perform Notarial acts within her Parish, and how can she acknowledge XXXX XXXX XXXX signature if she is a XXXX  employee and XXXX is located in XXXX Michigan?
h. Once again, there is no supporting document attached to the AODOT, showing that XXXX XXXX has authority to sign for XXXX
All parties mentioned above have, still continues to fraudulently act in concert to confuse, mislead and falsely claiming ownership of XXXX XXXX property and threatening to foreclose when they have not proven standing.
Under the terms of the NMS and HBOR, you must adhere to significant new homeowner protection. The consent order requires that XXXX XXXX XXXX and its affiliates meets the servicing standards set up by the XX/XX/XXXX National Mortgage Settlement ( NMS ) with the five largest banks.
Specifically, SPS is in violation of California Civil Code section 2923.55 in that SPS and XXXX XXXX  continues to fail in provide ALL the requested documents as required by code even though this demand has been made in writing to SPS on since XX/XX/XXXX and XXXX since XX/XX/XXXXand  again onXX/XX/XXXX by phone, Qualified Written Request and Cease and Desist letters in XXXX and XX/XX/XXXX.
XX/XX/XXXX SPS andXX/XX/XXXXand its subsidiaries, are also in VIOLATION of the HBOR and many other CALIFORNA, FEDERAL LAWS and ACTS.
Specifically, XXXX XXXX XXXX SPS and XXXX XXXX XXXX are continues to violate California Civil Code Section 2924.17 in that the recorded documents are not accurate and are not supported by competent and reliable evidence. There seems to be strong evidence of robo-signing, perjury and forgery in the documents recorded in the official land records of XXXX XXXX County. I am especially referring to the act of XXXX falsely claiming to be the owner ( XXXX ) of XXXX XXXX property by fraudulently recording an AODOT XXXX XXXX County Recorders Office on XX/XX/XXXX ( see above ).
TD Service Company is also being formally notified the " substitution of trustee '' is now VOID on its face, and as such has NO LEGAL EFFECT. XXXX XXXX XXXX  and is acting without right or authority and all publications by XXXX XXXX are without privilege, subjecting XXXX XXXX XXXX to slander of title liability.
XXXX XXXX XXXX is claiming to be a properly substituted trustee, and as such, is to act as an independent third-party who is responsible to all parties, not just SPS. XXXX XXXX XXXX is being formally notified that all trustee sale activities are in violation of in VIOLATION of XXXX XXXX XXXX and its Subsidiaries NMS, Californias HBOR and all other State and Federal laws.
XXXX XXXX continues to dispute the VALIDITY of the AODOT and SOT filed at the XXXX XXXX County Recorders Office.
This letter is a formal COMPLAINT addressing XXXX XXXX concerns and DISPUTING THE VALIDITY OF ALL DOCUMENTS recorded and filed in the XXXX XXXX County Recorders Office where the documents listed below have been filed against his once, good title. In addition to the AODOT, SOT, this complaint is also addressing two Notices of Default, Notice of Rescission of the Notice of Default and Two Notices of Trustee Sale.
The title to his property located at XXXX XXXX XXXX XXXX CA XXXX has been slandered and clouded by numerous false, robo-signed and potentially even fraudulent documents. See the see attached EXHIBITS with my notes of fraud, irregularities and etc.
This letter is a formal CEASE AND DESIST from any further trustee sale activities against XXXX XXXX and his property.
Specifically, the " assignment '' to the alleged beneficiary, XXXX XXXX XXXX XXXX the purported Trustee of the securitized trust, XXXX XXXX XXXX  Funding Trust XXXX was done by XXXX without authority of the principal and fails to acknowledge the principal. The assignment is void on its face and is of no legal effect.
The AODOT is fraudulent, see attached EXHIBIT. A XXXX employee, XXXX XXXX had no authority to execute and caused to be filed and record at the land records of XXXX XXXX  County, a Corporate Assignment of Deed of Trust in the name of XXXX and especially while holding title as a Senior Operations Specialist for XXXX XXXX XXXX XXXX XXXX XXXX has no standing. The Assignment is fraudulent, flawed, void and has no effect. There was also no mention of the NOTE in the Corporate Assignment of Deed of Trust and it also was not acknowledged under Penalty of Perjury. The Corporate Assignment of Deed of Trust did not list the CORRECT trust name. The TRUST name is XXXX XXXX XXXX Funding Trust XXXX and the DEPOSITOR of the trust is XXXX XXXX XXXX XXXX XXXX XXXXXXXX and not XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Funding Trust XXXX The title to my property been slandered many times by all these  fraudulent documents being recorded my property since.
The SOT has numerous violations, irregularities and obvious robo-signing. The individual who prepared or requested of did not Index the Trustor or nor was there an Affidavit of Mailing attached other irregularities.
The Notice of Default is now in void on its face, and as such has no legal effect. XXXX XXXX XXXX is acting without right or authority and all publications by XXXX XXXX XXXX are without privilege, subjecting XXXX XXXX XXXX to Slander of Title liability. XXXX XXXX XXXX is also being formally notified of the Substitution of Trustee is null and void on its face, and as such has no legal effect. XXXX XXXX XXXX is acting without authority and all publication by XXXX XXXX XXXX are without privilege subjecting XXXX XXXX XXXX to Slander of Title liability. XXXX XXXX XXXX is claiming to be the properly substituted Trustee though I am disputing the of this substitution and as such, is to act as an independent 3rd party who is responsible to ALL parties, not just Select Portfolio Services is being formally notified the intended Trustee Sale is in violation of several California Civil, USC and UCC Codes.
Per Civil Code 2924.12, I may seek damages of {$50000.00} for material violations as well as attorneys fees.
Please contact me via email at XXXX and also copy XXXX XXXX XXXX XXXX to discuss further.
Please postpone todays, XX/XX/XXXX Trustee Sale so you can address XXXX XXXX concerns. Please refer to Exhibits enclosed Cease and Desist letters dated XX/XX/XXXXandXX/XX/XXXX.
Sincerely, XXXX XXXX, ( Acting on behalf of XXXX XXXX ) cc : U.S. Department of Justice ATTN : Financial Fraud Enforcement XXXX XXXX XXXX XXXX XXXX  DC XXXX XXXX Office of the Comptroller of Currency U. S. Department of treasury Attention : consumer protection/customer assistance group XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX  XXXX XXXX California State Attorney General XXXX XXXX XXXX XXXX CA XXXX County of XXXX XXXX District Attorney Attention : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX CONSUMER FINANCIAL PROTECTION BUREAU ( CFPB )