Consumer complaint received 2017-09-18 00:00:00
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL

Complaint narrative:
We file this Consumer Financial Protection Bureau ( CFPB ) complaint against Select Portfolio Servicing , Inc. ( Select Portfolio ) under Sections 1054 and 1055 of the Consumer Financial Protection Act of 2010 ( CFPA ), 12 U.S.C. 5564 and 5565. It committed numerous violations of Federal consumer financial laws that have severely harmed us. Select Portfolio is illegally foreclosing on our homestead without any right to do so. In addition, they have submitted forged documents in court to steal our home. We respectfully ask the CFPB to enforce the following consumer finance laws with respect to Select Portfolio in our case as well as others similarly affected : ( 1 ) Sections 1031 and 1036 of the CFPA, 12 U.S.C. 5531, 5536 ; ( 2 ) Sections 807 ( 2 ) ( a ), 807 ( 10 ), and 808 of the Fair Debt Collection Practices Act, 15 U.S.C. 1692e ( 2 ) ( a ), 1692e ( 10 ), and 1692f ( the FDCPA ) ; ( 3 ) Sections 6 and 19 of the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605, 2617, and the regulations promulgated there under at Regulation X, 12 C.F.R. part 1024 ( Regulation X ) ; ( 4 ) Section 105 ( a ) of the Truth in Lending Act ( TILA ), 15 U.S.C. 1604 ( a ), and the regulations promulgated there under at Regulation Z, 12 C.F.R. part 1026 ( Regulation Z ) ; and ( 5 ) Section 3 ( b ) of the Homeowners Protection Act of 1998, 12 U.S.C. 4902 ( b ) ( the HPA ). We ask the CFPB to obtain permanent injunctive relief, restitution, refunds, disgorgement, damages, civil monetary penalties, and any other relief for Select Portfolios violations of Federal consumer financial law in our case.
In a letter we received from Select Portfolio, dated XX/XX/XXXX the following statement was included : Our records indicate that your obligation has been discharged under the United States Bankruptcy Code. ( Ex. C ) It is fraudulent to file a Proof of Claim for a discharged debt.
We mailed RESPA Qualified Written Request ( Ex. B ) to Select Portfolio on XX/XX/XXXX.
We received incomplete response from Select Portfolio datedXX/XX/XXXX ( " Ex. 4 '' ).
Three different copies of the Original Promissory Note are included as ( Ex. 1 ), ( Ex. 2 ) and ( Ex. 3 ).
We are filing this complaint to ask for your prompt intervention in case # XXXX  which is currently open in the Middle District of Florida ( XXXX Division ). As a homeowner for more than 38 years, I find myself in a situation of having to defend my homestead against an organized criminal enterprise under the name of XXXX XXXX XXXX, Successor Trustee to XXXX XXXX XXXX XXXX, Successor in Interest to XXXX XXXX XXXX, as Trustee on Behalf of the Holders of the XXXX XXXX XXXX Pass-Through CertificatesXXXX XXXX XXXX XXXX and Select Portfolio Servicing ( XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX ). I have owned my current residence for 14 years and in XX/XX/XXXXI refinanced my loan to obtain a better interest rate and mortgage payment. This legal nightmare against pretender lenders began soon afterward.
A Florida State Court Summary Judgment of Foreclosure ( XXXX Circuit Court case # XXXX ) ( Ex. A ) was filed against us in XX/XX/XXXX without the need for Select Portfolio to prove their right to foreclose. That illegal judgment was signed by the now XXXX year old Senior Judge XXXX XXXX ( violating Section 8, Article V of the Florida Constitution mandatory retirement age of XXXX ) after merely accepting the allegations of Select Portfolio without the need for any proof of a valid chain of title or ownership of the debt. Judge XXXX is not an elected official and is not accountable to the public for his actions or decisions, which should void his judgments. The Bank alleged they were the owner and holder of the promissory note by being the trustee of a securitized trust containing my loan. To date, they still have not shown any document proving that allegation. In fact, there is no promissory note or mortgage with their name and mine on the same document. I reluctantly filed a bankruptcy petition with the expectation that the Federal Court would force them to either prove their case or have their claim eliminated. I also expected that fraudulent claims submitted to the Bankruptcy Court would be punished like any other felony, by fine and/or imprisonment under 18 U.S.C. 152, 157 and 3571. The Judge overruled our objection to their fraudulent claim containing two different original promissory notes. It appears judges really stand with Select Portfolio, regardless of the lawlessness.
On XX/XX/XXXX, I found out that the Bankruptcy Judge, after conducting what was docketed as a 1 day trial on my claim objection, could not consider the instances of verbal as well as written fraud before the court, due to the XXXX XXXX. The Court ultimately decided to accept the fraudulent proof of claim as binding on my family. We now have a creditor ( Select Portfolio ) we have never done business with before.
Therefore, I am reaching out to the CFPB as a regulator of the United States for assistance in enforcing the consumer financial laws regarding the submission of false claims to the Court, conspiracy to defraud another party and perjury. All relevant documents and courtroom audio recordings are a part of the court record, including 4 different promissory notes, which Select Portfolio referred to as evolving notes. None of the promissory notes show the endorsements ( from the loan originator to the sponsor, to the depositor, and to the trust ), all of which are required to become part of the securitized trust. They even showed the bankruptcy court a note containing an endorsement that was later removed ( photo-shopped ) as proof of their total disregard for the rule of law and the Uniform Commercial Code. The simple matter of proving a chain of ownership should be easy unless you really dont have it. They have found a method of manipulating the system by walking into court with their state court judgment as a shield for their fraud. As of now, it seems to be working.
Since the Bankruptcy Court says it is without power to hold these criminals accountable, I am hoping the United States CFPB can. This matter is URGENT since Select Portfolio can file a motion for stay relief at any time and proceed to steal my familys home. [ N ] or shall any State deprive any person of life, liberty, or property, without due process of lawAmendment V of the Constitution. Any additional information I can provide to you as you consider investigating this matter, I will be happy to expedite.
Because some Americans believe that anyone in foreclosure is a XXXX I want to let you know a little about me. I am a XXXX year old native of Florida and have been a homeowner sinceXX/XX/XXXXwith my first missed payment in XX/XX/XXXX. I attempted to communicate with my lender, but due to securitization and XXXX, no one knows who that is, even now. The banks that have been attempting to steal my home since XX/XX/XXXXhave no right to do so, as the court records prove. I attended the XXXX XXXX XXXX am a veteran and a retired XXXX XXXX XXXX XXXX. I am XXXX  and therefore, accustomed to being mistreated due to prejudice. I am XXXX XXXX and actively XXXX XXXX XXXX in the XXXX XXXX XXXX in Florida. I am also a member of the XXXX XXXX XXXX. My home is my largest asset, which is why this 8 year long litigation has been so taxing on me and my wife. I even suffered a XXXX XXXX due to the XXXX of this ongoing problem of lying, cheating and stealing perpetrated by the banks.
I would like to have this issue resolved promptly so that we can continue with our lives. In addition, my XXXX is that you take the appropriate actions to prosecute the criminal fraud with these banks which are operating outside the rule of law and causing irreparable harm to citizens of my state and nation. Lets protect property rights of homeowners by only allowing legal foreclosures and not fraudulent ones.
Thank you for your consideration of this matter and May the XXXX XXXX this country we call America.

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