Consumer complaint received 2018-06-05
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: SELECT PORTFOLIO SERVICING, INC. (NJ)

Complaint : SPS 's failure to specifically and sufficiently respond to consumer 's notice of error or information request or qualified written request or CFPB complaints.

Attn : XXXX XXXX, Relationship Manager, XXXX XXXX, Consumer Ombudsman Specialist, XXXX XXXX, Ombudsman Specialist XX/XX/XXXX Select Portfolio Servicing Inc.

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Fax XXXX Account # XXXX RE : Notice of Error or Information Request or Qualified Written Request Please respond to the following errors and/or request for information : # 1 In a letter dated XX/XX/XXXX SPS states, " We determined that we are unable to assist you in this proposed arrangement because pursuant to the servicing agreement governing this account, the owner of your mortgage has a right of approval and has denied this option based on a business decision. '' What proposed arrangement is SPS referring to? Please provide copy of the section of servicing agreement that prohibits such arrangement. Note that just a day prior on XX/XX/XXXX, I received a letter that stated, " SPS, the mortgage servicer on the above referenced account, is currently reviewing your request for options to resolve the delinquency on this account. '' # 2 SPS failed to respond to the following concerns regarding CFPB # XXXX : In a letter from SPS on XX/XX/XXXX, SPS states, " To reiterate, you question SPS adding Lender Placed Insurance ( LPI ) to the account. SPS does not show that any LPI has been added to the account. '' If that is the case, please explain why on the latest Mortgage Statement under transaction activity, there is a line item titled Taxes & Insurance. The amount is {$1200.00}. On XX/XX/XXXX SPS paid taxes in the amount of {$1100.00} ( on wrong property per note and mortgage ) for a difference of {$110.00}. What was the additional {$110.00} for? Insurance? In addition, there are " other fees '' listed for XXXX cents and " expenses pd by servicer '' in the amount of {$160.00}. Please provide account history detailing all charges for account # XXXX  with justification.

# 3 The following concerns noted in CFPB # XXXX  were not addressed in SPS 's latest response dated XX/XX/XXXX : A ) Loan Modification ( dated XX/XX/XXXX ) falsification allegations, B ) Conflict of information regarding address of XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX vs XXXX  XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX. Which is it? C ) Role of Relationship Manager XXXX XXXX. Why have I never heard from her?

# 4 In a response from SPS dated XX/XX/XXXX, SPS states, " In your inquiry, you state that we do not have the correct legal description for the subject property. SPS appreciates you pointing this out and has referred this issue to the appropriate department for research and if necessary correction. '' What is the current status? What is the legal description in the note and mortgage SPS is attempting to collect debt on? What is the address of the property SPS is attempting to collect debt on? What deed is attached to the property that SPS is attempting to collect debt on?

# 5 In a response from SPS dated XX/XX/XXXX, SPS states, " The account was modified on XX/XX/XXXX ( Enclosed ). '' Besides the fact this document was allegedly fabricated, the Loan Modification Agreement itself under any circumstance precludes the assumption or assignment of the modification agreement ( Modification Agreement, section G. titled Loan and Agreement May Not be Assigned ). The Loan Modification Agreement is null and void.

As I have previously pointed out, the recorded notes and mortgages fraudulently established and sold by Beneficial Homeowner Services to the alleged new owner/noteholder, and now serviced by SPS, are severely deficient and unenforceable. I continue to dispute all alleged debt associated with account # XXXX. XXXX XXXX XXXX XXXX  and SPS as servicer continue to try to enforce an unenforceable and erroneous obligation. To date, they have erroneously paid property taxes, conducted erroneous inspections, including a Broker Price Opinion and threaten foreclosure on a property they have no legal security interest in.

Besides legal ramifications based on the above allegations, please allow me to remind SPS of it's RESPA obligations regarding Notices of Error or Information Requests or Qualified Written Requests.