Consumer complaint received 2024-11-27 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: SELECT PORTFOLIO SERVICING, INC.
State: NY

Complaint narrative:
To : Consumer Financial Protection Bureau ( CFPB ) [ Insert CFPB Address or Online Portal Submission ] From : XXXX XXXX XXXX XXXX XXXX ( Property Address ) XXXX XXXX, NY XXXX Email : XXXX Subject : XXXX XXXX XXXX XXXX XX/XX/XXXXXXXX, Trustee, and Select Portfolio Services Date : [ Insert Date ] Details of the Complaint : Parties Involved : Respondents : XXXX XXXXXX/XX/XXXXXXXX, as Trustee on behalf of XXXX Mortgage Loan Trust Mortgage Pass-Through Certificates, Series XXXX. 
Select Portfolio Services. 
Plaintiff Attorney : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX XXXX Nature of the Complaint : I, XXXX XXXX, submit this complaint for serious violations of my rights, procedural law violations, and improper foreclosure actions taken against my property located at XXXX XXXX XXXX, XXXX XXXXXX/XX/XXXXXXXX. 

Failure to Comply with NY Real Property Actions and Proceedings Law ( RPAPL ) 1351 : The Plaintiff failed to submit a motion to extend the time to schedule a foreclosure auction as required under XX/XX/XXXX law. Despite this noncompliance, an auction is scheduled for XX/XX/XXXX, violating RPAPL procedural mandates and my right to due process. 
Supporting Case Law : XX/XX/XXXXXXXX XXXX XXXX, 171 A.D.3d 34 ( 2d Dept 2019 ) : Emphasizes the need for strict compliance with RPAPL procedural requirements. 
XXXXXX/XX/XXXXXXXX XXXX. XXXX XXXX, 97 A.D.3d 740 ( 2d Dept 2012 ) : Highlights the importance of adherence to procedural deadlines in foreclosure actions. 
Improper Foreclosure Against a Secured Party : I am a secured party with a valid UCC-1 Financing Statement, which establishes a superior interest in my property over all other claims. The foreclosure action proceeds illegally despite this designation, disregarding my superior legal standing. 
Supporting Case Law : XX/XX/XXXX: Affirms the priority of secured interests under UCC law. 
In re XXXX XXXX. Properties III LP, 597 B.R. 78 ( Bankr. S.D.N.Y. XXXX ) : Recognizes the rights of secured parties under UCC filings in foreclosure disputes.

Violation of theXX/XX/XXXX Foreclosure Prevention Act : The statute of limitations under New York law for foreclosure proceedings has expired. This renders any foreclosure actionand the auction saleunenforceable and unlawful. 
Supporting Case Law : XXXXXX/XX/XXXX Slip Op. XXXX ( App. XXXX. XXXX XXXX ) : Enforces the six-year statute of limitations for foreclosure actions under XX/XX/XXXX law . 
XXXX XXXXXX/XX/XXXX : Declares expired foreclosure actions void due to the statute of limitations. 
Constitutional Violations : The foreclosure and auction proceedings violate my Fifth and Fourteenth Amendment rights, as I have been deprived of property without due process of law. The procedural breaches and statutory violations by the Respondents deny me the fair and equitable treatment guaranteed under the law. 
Supporting Case Law : XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : Establishes due process requirements in proceedings affecting property rights. 
Connecticut v. XXXX, XXXX XXXX XXXX ( XXXX ) : Reinforces the necessity of judicial oversight and procedural safeguards in property deprivation cases. 
XXXX XXXX : Dismissal of the foreclosure case with prejudice. 
Immediate cancellation of the auction sale scheduled for XX/XX/XXXX. 
Full investigation into the practices of XXXXXX/XX/XXXXXXXX, as Trustee, and Select Portfolio Services concerning this case and similar cases. 
Enforcement of corrective measures and sanctions against Respondents for procedural noncompliance and violations of federal and state laws. 
Declaration : I declare under penalty of perjury that the information provided herein is true and accurate to the best of my knowledge. 

Signature : XXXX XXXX

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