Consumer complaint received 2025-10-26 00:00:00
Product: Mortgage — Other type of mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: SELECT PORTFOLIO SERVICING, INC.
State: NJ

Complaint narrative:
The banks are collecting on debts that they do not own.The banks still keep it on their books as if I still owe which is fraud a violation under XXXX, federal accounting rules. Inflating the profits on it and hiding the securitization. I believe the bank sold my note and they are suppose to take it off their books but they didn't. Double Dipping. Financial Statement Fraud. Failure to disclose the ownership ; failure to identify the note holder. I am demand proof by sending a qualified written request under the Real Estate, Settlement Procedures Act, asking for the full ownership chain of title and gap ledger. 

Here is a legally authoritative version of your statement, suitable for inclusion in a formal complaint, affidavit, or Qualified Written Request under RESPA : * * Statement of Alleged Financial Misrepresentation and Demand for Ownership Disclosure * * To Whom It May Concern, I am formally asserting that the financial institution servicing my mortgage is actively collecting on a debt it does not legally own. Despite having sold or transferred the underlying promissory note, the bank continues to carry the asset on its balance sheet as if the obligation remains intact. This practice constitutes a material misrepresentation and violates Generally Accepted Accounting Principles ( GAAP ), federal accounting standards, and applicable financial disclosure laws. 

Specifically : - The bank has failed to remove the sold note from its books, thereby inflating its asset base and reported profits. 
- This constitutes * * Financial Statement Fraud * *, as the institution is misrepresenting its financial position to regulators, investors, and the public.

- The securitization of the note has been concealed, and the true ownership interest has not been disclosed to me as the borrower.

- The banks continued collection activity, despite divestiture of the note, amounts to * * double recovery * * a deceptive and unlawful practice.

- There has been a * * failure to disclose the current holder in due course * *, and a * * failure to identify the rightful owner of the note * *, both of which are violations of federal consumer protection statutes. 

Accordingly, I am exercising my rights under the * * Real Estate Settlement Procedures Act ( RESPA ) * * and hereby submit a * * Qualified Written Request * * demanding : 1. The full and complete * * chain of title * * for the mortgage note, including all assignments, transfers, and endorsements.

2. A copy of the * * gap ledger * * or equivalent accounting record showing the disposition of the note and any off-balance-sheet treatment.

3. Identification of the current * * note holder * *, investor, or trust entity that owns the beneficial interest in the loan.

4. Disclosure of any securitization agreements, pooling and servicing agreements, or trust documents relevant to the transfer of ownership.

This request is made pursuant to 12 U.S.C. 2605 ( e ), and I expect a full response within the timeframe mandated by law. Failure to comply may result in further legal action, including regulatory complaints and civil litigation.

Correspondence Address : Select Portfolio Servicing , Inc . 
XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, UT XXXX In the Matter of : XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NJ XXXX Account Number # XXXX R.E.S.P.A. QUALIFIED WRITTEN REQUEST Dear Sir or Madam : Please treat this letter as a qualified written request under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( e ).

Specifically, we are disputing a ) the identity of a true secured lender/creditor, and b ) the existence of debt, and c ) your authority and capacity to collect on behalf of the alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor. Further, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor. 

Pursuant to Subtitle E Mortgage Servicing of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605 ( e ) ( 1 ) ( A ) and Reg. X Section 3500.21 ( e ) ( 1 ), please provide : 1. A full, double sided, certified true and accurate copy of the original promissory note and security instrument and all assignments of the security instrument.

2

. Full name, address and telephone number of the actual entity that funded the transaction. 3. Full name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates. 4. Full name, address, and telephone number of the Custodian of my origina
l Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act.

5. Full name, address, and telephone number of the Custodian of my original Security Instrument ( mortgage or deed of trust ), including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act.

6. A physical location ( address ) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents.

7. Full name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account.

8. The electronic MERS number assigned to this account if this is a MERS Designated Account. The MERS Milestone Report, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems. I want to see the audit trail of the alleged transfer in ownership and alleged transfer in security interest. Proof of true sale of the note from alleged Lender to investors, by showing : Wire transfer document ( s ), and/or Signed purchase and sale agreement ( s ), Bank statements or similar documentation.

9. All letters, statements and documents sent to me by previous servicers, sub-servicers, agents, attorneys or representatives of your company.

10. A complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts ( i.e. principal, interest, suspense, escrow, etc. ) payments were applied.

11. All assignments, transfers, allonge or other documents evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other document that secures payment by me.

12. All Lis Pendens filed by previous servicers, sub-servicers, agents, attorneys or representatives of your company.

13. Have you purchased and charged to the account any Force-Placed Insurance? If so, a complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company to you or a related company, the amount of commission you received for each force-placed insurance event, and an itemized statement of any other expenses related thereto.

14. A complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account.

15. A complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan.

16. A statement/provision under the security instrument and/or note that authorizes charging any such fee against the account.

17. Copies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof.

18. Complete copy of any transaction report ( s ) indicating any charges for any " add on products '' sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter.

19. Complete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter.

20. Complete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter.

21. Complete, itemized statement of the current amount needed to pay-off the alleged loan in full.

22. Verification of any notification provided to me of a change in servicer.

You should be advised that within FIVE ( 5 ) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY ( 30 ) DAYS to fully respond as per the time frame mandated by Congress, in Subtitle E Mortgage Servicing of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605 ( e ) ( 1 ) ( A ) and Reg. X Section 3500.21 ( e ) ( 1 ).

TRUTH IN-LENDING ACT 131 ( f ) ( 2 ) Pursuant to 15 U.S.C. 1641 ( f ) : Please provide the name, address and telephone number of the owner ( s ) of the mortgage and the master servicer of the mortgage.

You should be advised that Violations of this Section provide for statutory damages of up to {$4000.00} and reasonable legal fees. The amendments also clearly provide that the new notice rules are enforceable by private right of action. 15 USC 1641 Sincerely, ____________________________ ________________ XXXX XXXX XXXX Date : XX/XX/year> ____________________________ ________________ XXXX XXXX XXXX Date : XX/XX/year> CC : U.S. Certified Mail # __________________ XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX US Department of Housing and Urban Development XXXX XXXX XXXX XXXX XXXX DC - XXXX

Company response to consumer: Closed with explanation