Consumer complaint received 2024-12-20 00:00:00
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: SELECT PORTFOLIO SERVICING, INC.
State: MA

Complaint narrative:
Select Portfolio Servicing ( " SPS '' ) SHAM foreclosure scheduled for XX/XX/XXXX is illegal and time barred ( the statute of limitations on the alleged promissory note and the mortgage has run ). We demand that SPS cancels this SHAM foreclosure immediately. 
XXXX. SPS attempts to enforce the time-barred promissory note in violation of UCC, FDCPA, and other relevant federal and state statutes and regulations, including but not limited to XXXX CMR XXXX The statute of limitations for the enforcement of the promissory note has run out in XX/XX/XXXX, which was XXXX ( XXXX ) years after the note breach, by Uniform Commercial Code Under the Uniform Commercial Code, which is the law in Massachusetts under XXXX Chap. XXXX, a negotiable note can be enforced within XXXX ( XXXX ) years of the breach. SPS obviously failed to enforce the note within the allowed XXXX ( XXXX ) year timeframe. Therefore, by exact definition of a statute of limitations SPS can not enforce it anymore. 
SPSs XX/XX/XXXX account statement SPS sent us shows that the last payment made on this alleged loan was on XX/XX/XXXX. A mortgage note, which is a negotiable instrument, like a check, is in breach upon the first failure to pay. In this case the first failure to pay on the alleged note would have occurred in XX/XX/XXXX, more than XXXX ( XXXX ) years ago. 
XX/XX/XXXX foreclosure sale of our property is scheduled more than XXXX ( XXXX ) years after the statute of limitations ( XXXX ) to enforce a breach of a negotiable note has run out in XX/XX/XXXX. 
Obviously, where the debt is no longer enforceable, it could not be enforced through the mortgage, either. 
XXXX. SPS attempts to foreclose obsolete mortgage in violation of UCC, FDCPA and other relevant federal and state statutes and regulations, including but not limited to M.GL c.260 s.33, 940 CMR 7.00, and 209 CMR 56.00 By operation of the law the alleged mortgage is obsolete ( beyond the enforcement limit of five ( 5 ) years ), under M.GL c.260 s.33 The XX/XX/XXXX foreclosure sale of our property is scheduled more than XXXX ( XXXX ) years after the acceleration of the alleged debt. Massachusetts statute of limitations on obsolete mortgage under statute M.GL c.260 s.33 is five ( 5 ) years from the acceleration. 
SPS sent us a XXXX right to cure default notice on XX/XX/XXXX. We have not responded to SPS right-to-cure notice hence this alleged debt has been accelerated on or about XX/XX/XXXX ( 150 days after XX/XX/XXXX ) by the exact language of the mortgage. 
The alleged mortgage is obsolete. By operation of the referenced above law the lien on the property expired due to the statute of limitations on the mortgage. SPS no longer has a valid security interest and can not legally claim the property as collateral to recover the alleged time-barred debt. 
XXXX. SPS failed to communicate to us that this alleged debt may be too old to collect on in violation of relevant federal and state regulations, including 940 CMR 7.07 ( 24 ) 940 CMR 7.07 ( 24 ) which in part states : Collecting or attempting to collect from any person payment of any debt that the creditor knows, or has reason to know based on a good faith determination, is a time-barred debt, or seeking or obtaining from any person an admission, affirmation, acknowledgement of a new promise to pay, or any waiver of legal rights or defenses with regard to any debt that the creditor knows or has reason to know is a time-barred debt, unless the creditor discloses that the debt may be unenforceable through a lawsuit because the time for filing suit may have expired, and that the debtor is not required by law to sign any admission, affirmation, or acknowledgement of, or new promise to pay the debt, or to make any payment on the debt, or to waive any rights with regard to the effect of the running of the applicable statute of limitations. 
XXXX XX/XX/XXXX account statement SPS sent us does not contain the required disclosure under 940 CMR 7.07 ( 24a ) clear and conspicuous by appearing in a type which is a minimum of eight-point type and said disclosure shall be placed on the front page of the communication concerning time-barred, alleged debt : WE ARE REQUIRED BY REGULATION OF THE MASSACHUSETTS ATTORNEY GENERAL TO NOTIFY YOU OF THE FOLLOWING INFORMATION. THIS INFORMATION IS NOT LEGAL ADVICE : THIS DEBT MAY BE TOO OLD FOR YOU TO BE SUED ON IT IN COURT. IF IT IS TOO OLD, YOU CAN NOT BE REQUIRED TO PAY IT THROUGH A LAWSUIT. TAKE NOTE : YOU CAN RENEW THE DEBT AND THE STATUTE OF LIMITATIONS FOR THE FILING OF A LAWSUIT AGAINST YOU IF YOU DO ANY OF THE FOLLOWING : MAKE ANY PAYMENT ON THE DEBT, SIGN A PAPER IN WHICH YOU ADMIT THAT YOU OWE THE DEBT OR IN WHICH YOU MAKE A NEW PROMISE TO PAY ; SIGN A PAPER IN WHICH YOU GIVE UP OR WAIVE YOUR RIGHT TO STOP THE CREDITOR FROM SUING YOU IN COURT TO COLLECT THE DEBT. WHILE THIS DEBT MAY NOT BE ENFORCEABLE THROUGH A LAWSUIT, IT MAY STILL AFFECT YOUR ABILITY TO OBTAIN CREDIT OR AFFECT YOUR CREDIT SCORE OR RATING. 
SPS numerous aggravating and harassing alleged debt collection and quasi-servicing actions SPS undertook after XX/XX/XXXX expiration of Default/Cure/Acceleration letter are illegal under relevant federal and state statutes and regulation, and hopelessly untimely because of the statute of limitations has run out. 
SPS was barred by 209 CMR 56.00 et seq, 940 CMR 7.00 et seq, MGL 244 s 35A, 35B, 35C and other relevant federal and state regulations, to write and mail to us their XX/XX/XXXX right-to-cure default letter when the alleged debt could no longer be enforced. We returned the referenced right-to-cure default letter to SPS on XX/XX/XXXX as NULL and VOID. 
Wherefore, the SHAM foreclosure scheduled for XX/XX/XXXX ( initiated by XXXX XX/XX/XXXX NULL and VOID right-to-cure default letter ) is illegal, violates above refenced statutes and regulations, and must be cancelled by SPS immediately.

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