Consumer complaint received 2024-12-20 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: SELECT PORTFOLIO SERVICING, INC.
State: TX

Complaint narrative:
Re : Assistance with Residential Mortgage Fraud Dear " To Whom It May Concern '' I ask that you review XXXX XXXX ( a homeowner ) complaint of which are decades of Mortgage XXXX and XXXX fraud in XXXX residential mortgage loan. 

I am filing a complaint against the most recent ( debt collector ) SPS Select Portfolio Servicing LLC regarding Mortgage Fraud involving a residential mortgage loan that was refinance in XXXX by XXXXXXXX XXXX on our XXXX property located in XXXX, Texas. I was told to file a complaint with your office by the Consumer Banking Fraud Division Office concerning Residential Mortgage Fraud. They are a debit collector according to XXXX representing itself as a Mortgage Provider. 


As of XX/XX/XXXX, we were still paying on a XXXX Mortgage that was refinance in XXXX for XXXX. We became overly concerned about our home ownership when SPS Select Portfolio Servicing Inc who has been collecting mortgage payments since XXXX sent a letter indicating they were collecting Mortgage payments on behalf of different Trust, Corporations, and a XXXX XXXX. As the owner of our home. ( No mention of original Mortgage company XXXX Mortgage Company except when they want to collect payments on the mortgage., We never signed any documents with this company.

We are cash warranty deed and homestead property owners since XXXX property as XXXX XXXX XXXX XXXX, XXXX Texas XXXX. Legal Description : Lot Twelve ( 12 ), in Block One ( 1 ) of PINE TRAILS, SECTION SEVEN ( 7 ), a subdivision in XXXX XXXX, Texas, according to the map or plat thereof recorded in Volume 276, Page 13 of the Map Records of XXXX XXXX, TEXAS Since XXXX, I ( homeowner ) have sent multiple certified letters and emails to SPS Select Portfolio Servicing LLC, Legal Department requesting a resolution and removal of XXXX Mortgage debt by XXXXXXXX XXXX XXXX, deemed a unenforceable Residential Mortgage Note. Recorded with The State of Texas Attorney General of Texas Office Instead, SPS Select Portfolio Servicing LLC, continues to us- homeowners computer print outs copies of a notification of assignment, sale or transfer of your mortgage without authorize ownership of original Mortgage Note ( not in SPS Select Portfolio Servicing LLC ) name and that they are now collecting Mortgage payments on behalf of XXXX XXXX XXXX XXXX XXXX XXXX XXXX Funding Trust XXXX. In XXXX, SPS Select Portfolio Servicing XXXX added additional investment company they are collecting on behalf of. 

On XXXX XXXX XXXX XXXX sent an emails and certificated letters to SPS Select Portfolio Servicing LLC legal department notifying them of recent findings and discovery that their company was register with Texas XXXX of the XXXX as a debit collector operating under an inactive expired licenses and not registered as a Mortgage provider in the State of Texas, yet all mortgage payments request from SPS Select Portfolio Servicing XXXX include a Mortgage Statement. 

In XX/XX/XXXX, a homeowner XXXX XXXX, filed a complaint with XXXX XXXX XXXX Department concerning Mortgage Fraud on our property, whereas : SPS Select Portfolio Servicing XXXX *debt collector* is still trying to collect payments on the XXXX Mortgage representing themselves as a Mortgage Provider. We need a resolution and removal of this Mortgage debit deem invalid and unenforceable by The State of Texas and the Attorney General of Texas. We, assume the court orders by the State of Texas protected our homestead property rights and ownership. Our mortgage nightmare continues to this day. 

To clarify this matter, we sent letters to debit collector representing itself as a Mortgage Provider and to the XXXX XXXX collecting on behalf of a Corporate Trust Department address identified in their correspondence, requesting specific information and documentation related to the ownership of the mortgage note. Unfortunately, despite our attempts to resolve this issue, the XXXX XXXX, along with its affiliated entities, has not responded or provided any of the requested information. This lack of communication is further complicating our ability to address the potential fraud and protect our rights as homeowners. 

SUMMARY OF XXXX CORRESPONDENCE On XXXX XXXX XXXX XXXX sent an email to SPS Select Portfolio Servicing LLC legal department notifying them of my recent findings and discovery that their company was register with Texas XXXX of the XXXX as a debit collector operating under an inactive expired licenses and not registered as a Mortgage provider or company to practices in the State of Texas. 

On XXXX XXXX a faxed letter was sent to XXXX XXXX XXXX XXXX XXXX XXXX XXXX prevent Mortgage Fraud from occurring without XXXX XXXX Court precedent. The fax included the discovery that SPS Select Portfolio Serving LLC registering information On XXXX XXXX a Certified Affidavit was sent on XXXX XXXX requesting the original promissory note, of which SPS Select Portfolio Serving LLC ( has not replied. ) Title 31 USC 5103, UCC Title 9-102 A 65 On XXXX XXXX a validation of debt letter requesting to SPS Select Portfolio Serving LLC ( SPS continues to send request for mortgage payments. 

On XXXX XXXX XXXX XXXX ( a homeowner ) filed an online complaint with Texas Department XXXX Banking reference Residential Mortgage Fraud. 

On XXXX XXXX Texas Department XXXX Banking replied by email, stating as per the Office of the Attorney General, you're required to report this to your local law enforcement agency and/or District Attorney 's 'Office. 

On XX/XX/XXXX, XXXX XXXX ( a homeowner ) filed Mortgage Fraud against SPS Select Portfolio Servicing XXXX with the local XXXX XXXX Constable Office enforcement agency Case Number : XXXX On XXXX XXXX, XXXX XXXX XXXX XXXX homeowner ) sent a Cease & Desist from collections to SPS Select Portfolio Serving LLC and followed by a Rescission email letter FACT STATEMENT ON RESIDENTAL MORTGAGE and DISCOVERY We took out a Residential Mortgage Loan on XX/XX/XXXX, # XXXX with XXXXXXXX XXXX XXXXXXXX , a corporation under the state of Delaware, to purchase property from a private estate agent. We obtained a cash warranty and homestead ownership of property after payoff payment settlement to the private estate agent. Recorded with XXXX XXXX XXXX XXXX XXXX XXXX. 

On XX/XX/XXXX, XXXXXXXX XXXX XXXXXXXX induce the us, to modify our residential mortgage on the same property with a low interest fixed rate and lower mortgage payment to $ XXXX monthly payments and mortgage payments paid in first mortgage would go towards the refinancings balance of the new mortgage loan Recorded with XXXX XXXX XXXX real property instruments # XXXX # XXXX - # XXXX # XXXX. 

In XXXX, We did not receive signed copies of disclosure of Loan Terms from XXXX XXXX XXXXXXXX. We wrote letters to XXXX XXXX  XXXX asking for copies of our Mortgage Loan Agreement and were told by phone that the mortgage loan agreement would be mailed after approval. Yet instead, we received Mortgage Statement for payment that did not reflect what we had paid on the first mortgage loan. 

On XXXX XXXX, the mortgage notes # XXXX was filed and recorded with XXXX XXXX XXXX real property file number # XXXX # XXXX with multiple other filing. On XX/XX/XXXX XXXX Deed of Trust was filed. 

On XX/XX/XXXX, the Residental Mortgage loan # XXXX was released from XXXXXXXX XXXX  in the State of Delaware that included Promissory note " and Release of XXXX of Satisfaction, as full payment of mortgage loan and satisfaction of the same. The promissory note and mortgage note paid as agreed and title is transferred to the borrower and the trustee has no power XXXX XXXX. XXXX. Recorded with XXXX XXXX as The Release of XXXX of Satisfaction Recorded with XXXX XXXX XXXX XXXX XXXX instrument No # XXXX File no # XXXX On XX/XX/XXXX, THE STATE OF TEXAS and THE ATTORNEY GENERAL OF TEXAS entered into a settlement agreement with XXXXXXXX XXXX XXXX and its subsidiary, agreeing on resolving an investigation into alleged illegal lending practices by the mortgage lender on our refinance mortgage Adjustable-Rate Mortgage used in 12 C.F.R. 226.18 ( f ) interest rate, instead of following RESPA guidelines. We, did not receive signed copies of disclosure of Loan Terms in accordance with lawsuit Agreement Written Disclosures. Recorded in XXXX XXXX XXXX real property as Mortgage on file number # XXXX # XXXX with multiple filings. The lawsuit was a Stipulated PERMANENT INJUNCTION AND FINAL JUDGMENT defined below : Adjustable-Rate Mortgage, Appraisal, Borrower, XXXX, Debit Collectors, Discount Points, Financial Regulator, And lending practices. Recorded in The State of Texas Attorney General of Texas Office. Cause Number On XXXX XXXX, THE PEOPLE OF THE STATE OF CALIFORNIA, filled a lawsuit against XXXX XXXX XXXX a Delaware XXXX operating in the State of California and its subsidiaries. The lawsuit was a Stipulated PERMANENT INJUNCTION AND FINAL JUDGMENT defined below : Adjustable-Rate Mortgage, Appraisal, Borrower, Closing, Debit Collectors, Discount Points , Financial Regulator And lending practices. Recorded in the State of California in case number : XXXX On XXXX XXXX, THE XXXX XXXX XXXX XXXX IN DELAWARE, filed a lawsuit against XXXX XXXX  XXXX in the State of Delaware, its subsidiarys & affiliates, in the State of a Delaware where XXXX was as a corporation, the lawsuit was for sub-prime lending practices which applied to the second mortgage. XXXXXXXX XXXX XXXX, its subsidiaries and affiliates were shut down and an order for permanent injunction was place on mortgage file number # XXXX # XXXX with multiple filings. In the case of FTC XXXX XXXX : United States of America XXXX XXXX XXXX XXXXXXXX XXXX 

We did not receive a settlement package from The State of Texas, The State of California, The State of Delaware, We, assume the court orders by all States including the United States of America protected our XXXX XXXX rights and ownership. Our mortgage nightmare became reality in XXXX. 

Mortgage Electronic Registration System sold the Residential Mortgage Loan, Securities Interest Note recorded with XXXX XXXX XXXX real property on file number # XXXX # XXXX a chain of lenders begins buying and selling the XXXX Mortgage securities on the loan : XXXX XXXX XXXX XXXX ( XXXX ) did not own the promissory note to sale, transfer or assign deed of the mortgage Note for the reason that XXXXXXXX XXXX  XXXX never transferred, sold or assignment of deed of trust to any of the above companies, before or after XXXXXXXX XXXX  XXXX was Shut Down. 

On XX/XX/XXXX, Mortgage Electronic Registration System sold the {$92000.00} Residential Mortgage Loan, XXXX XXXX to XXXX XXXX XXXX XXXX XXXX ( loan modification ) collected approx. {$26000.00} in mortgage payments sold, transferred and assignment of deed Note to XXXX XXXXXXXX XXXX on XXXX XXXX, ( loan modification, collected approx. {$38000.00} in mortgage payments, sold, transferred and assignment of deed Note to XXXX XXXX on XXXX XXXX, ( loan modification, collected approx. {$39000.00} in mortgage payments, sold, transferred and assignment of deed Note to XXXX XXXX on XXXX XXXX ( loan modification, collected approx. {$25000.00} and sold, transferred to SPS Select Portfolio Servicing , Inc a debit collector on XXXX XXXX collected approx. {$35000.00} in mortgage payments. Since XXXX approx. {$160000.00} in mortgage payments have been paid. Not including mortgage payments paid directly to XXXX before XXXX. 

All lenders and collections agency indicated they were collecting on behalf of the XXXX {$92000.00} residential mortgage note, and each time we question amount of loan payments the residential loan was modified using a default system as ways of means of changing Account XXXX numbers on the same {$92000.00} residential mortgage loan and increase the amount due on the loan, All the above assignment of deeds continues to use sub-prime provisions terms of XXXX Mortgage and continue to reference Mortgage loan of XXXX. These provisions are deemed illegal according to Supreme Court of the United States, as in the case of XXXX vs XXXX XXXX XXXX XXXX ( XXXX ) court ruling : a promissory note and mortgage are inseparable ; the former is essentials, the later as an incident. All filings and transactions deed of trust Assignment of deed of trust, assignment of trustee is a direct violation of property common laws. Title XXXX XXXX XXXX, XXXX Title XXXX A XXXX. Were the original mortgage company XXXXXXXX XXXX XXXX did not endorse the residential mortgage loan. 

Specifically, we seek a resolution and removal of this debit from our property. I have legal documents to substantiate our claim, the documents are very large, I will need to upgrade them in a Zip file if its needed Thank you for your time and attention to this matter. We look forward to your response and hope for a resolution that protects our interests and rights as homeowners. Supporting documents are available. 

Sincerely, XXXX XXXX XXXX XXXX XXXX

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