Consumer complaint received 2025-03-21 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: SELECT PORTFOLIO SERVICING, INC.
State: NY

Complaint narrative:
Complaint Against : Select Portfolio Servicing , Inc. ( SPS ) Attempting to foreclose on a time-barred debt in violation of New York law and federal consumer protection laws.

SPS is trying to enforce a foreclosure on a mortgage that is time-barred. " I requested that SPS cease foreclosure proceedings because the debt is time-barred under New York law ( CPLR 213 ( 4 ) and the Foreclosure Abuse Prevention Act ( FAPA ) ). '' " I requested that SPS acknowledge that the mortgage debt is unenforceable and that they stop violating the Fair Debt Collection Practices Act ( FDCPA ) by attempting to collect on a time-barred debt. '' " I requested proper documentation and validation of the debt to confirm that SPS has no legal right to foreclose. '' " I requested that SPS update their records to reflect that the foreclosure is unlawful and withdraw the case. '' What Happened? 
Background of the Loan & Foreclosure Timeline My mortgage was originally serviced by XXXX XXXX XXXX, but the servicing rights were later transferred to Select Portfolio Servicing ( SPS ). 
The loan was accelerated in XXXX, meaning the full balance was declared due at that time for {$480000.00}, listed in the Compliant and summons attached. Under New Yorks statute of limitations ( CPLR 213 ( 4 ) ), the lender had XXXX years to initiate a foreclosuremeaning any foreclosure action after XXXX is time-barred. 

Foreclosure Dismissals & Plaintiffs Failures The foreclosure case was dismissed by the court in XXXX and again in XXXX. 
Despite these dismissals, SPS ( as servicer for XXXX XXXX ) reinitiated foreclosure proceedings in XXXX, more than XXXX years after the statute of limitations expired. 
The Foreclosure Abuse Prevention Act ( FAPA ) prohibits reviving a foreclosure case once the statute of limitations has run out, meaning SPSs actions are unlawful.

My Actions to Address the Issue I filed a motion to vacate the foreclosure judgment, citing statute of limitations violations and FDCPA violations. 

The judge denied my motion on XX/XX/XXXX, failing to properly apply New York law. 
I also tried to communicate with SPS, requesting documentation and validation of the debt, but my concerns were ignored. They instead entered a referees report stating that I owe over XXXX millions dollars. I am now pursuing an appeal to the XXXX XXXX, XXXX Department to challenge the courts decision. 

How SPS Violated the Law FDCPA Violation : The Fair Debt Collection Practices Act ( FDCPA ) prohibits debt collectors from collecting time-barred debts. SPS, as a loan servicer and debt collector, is violating 15 U.S.C. 1692e and 1692f by trying to foreclose on a debt that is no longer legally collectible. 

Regulation F Violation : The Consumer Financial Protection Bureau ( CFPB ) has issued guidance that filing foreclosure actions on time-barred debts violates FDCPA and Regulation F.

State Law Violation : Under CPLR 213 ( 4 ) and the Foreclosure Abuse Prevention Act ( FAPA ), this foreclosure is time-barred and should have been dismissed. 

I would hope for help enforcing the law and : Investigate Select Portfolio Servicing ( SPS ) for attempting to foreclose on a time-barred debt. 
Require SPS to cease all foreclosure actions immediately. 
Ensure SPS complies with New York foreclosure laws and FDCPA regulations. 
Hold SPS accountable for engaging in unlawful debt collection practices.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation