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Report: #124128

Complaint Review: SPS - Select Portfolio Servicing - Fairbanks - Salt Lake City Utah

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  • Reported By: Fort Collins Colorado
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  • SPS - Select Portfolio Servicing - Fairbanks 3815 S West Temple Salt Lake City, Utah U.S.A.

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SPS received and cashed my mortgage payment check November 10th, 2004 (my check cleared my bank acct. November 10th). They have not yet credited my account for that payment.

They have received from me copies of the check that cleared, front and bank with all routing numbers 6x by fax.

I have faxed this information to FL customer Service 2x; to UT Cash unit 3x; to FL - Consumer Affairs Department x1. I have all the fax transmittal confirmation printouts that evidence receipt of the faxed informaiton.

They have refused to acknowledge receipt, saying time and again on the phone that they have never received the copy of the cancelled check that I've faxed.

They have not forwarded the payment to the new loan servicer, ASC - America's Servicing Company, who is threatening to report me late. In order not to be reported late I have sent in an additonal payment to the new lender. I have also faxed the same documentation 2x to ASC. Today they, ASC, slapped a notice on the multi-unit property that is financed saying they were trying to collect a debt, and scaring my renters!! And yet I am not late with them (another lender to be concerned about?)

I reported the matter regarding SPS December 10th to Utah's Department of Commerce by fax using their internet-provided form, with no response as yet.

I have been on the phone at least 9 x with SPS trying to get resolution but with the same run-around responses:

"You need to contact another dept" (namely 'Cash Unit' or 'Cash receipts'; "No, we can't put you through directly - they don't take direct consumer phone calls"; "They tried to call you but you didn't respond" (they have 3 phone numbers for me - all with voice mail...but I have yet to hear from them even once!); "We didn't get the copy of the cancelled check"; "We didn't get the back of the check" (I've faxed both every time = 6x); "You need to fax it to a different fax number"; "We can only tell you what you owe"; "We don't handle that here"; "Our electronic notes say we received the fax, but they closed the case because of insufficient information...(I have supplied exactly what they need each and every time). And so it goes on.

I have supplied SPS with:
1. Front and back copies of the cancelled check 6x
2. Complete and numerous contact phone numbers to get in contact with me
3. Offers for more information
4. Evidence of the previously sent faxes (the fax confirmation printouts)

I have waited per their instructions to let them have time to resolve the matter only to be told 3x that the matter was closed - then upon insisting I finally get them to re-open the matter because the customer svc rep can see I've sent the proof of payment, but the Cash Unit / Accounting poeple won't acknowledge it!!

This company is horribly negligent in this matter. The CEO, Matt L. Hollingsworth, has taken over a poorly run company that has defrauded many. The Corporate Relations Manager, Elys B Mond, has a tough sell in the industry because they have such a poor reputation - and yet PMI is one of their investors because their practices are yet very profitable for them! Because they are a privately-held company as yet, they are not as tightly regulated as other companies.

I ended up with this lender only because of utilizing an aggressive LTV purchase program, yet I've learned they are primarily sub-prime in lending and evidently contribute to significant client credit issues and forclosures because of their very poor, and inefficient (and, according to the FTC, dishonest)way of communicating with clients.

See this website: http://www.ftc.gov/fairbanks/ :
They settled with the FTC (in their former name as Fairbanks Capital Corp.) in the amount of $40 million, to resolve FTC and HUD charges that it engaged in widespread loan servicing abuses. Then they changed their name to SPS - Select Portfolio Servicing. It is only a name change - they are the same company.

I have only a few days before I lose patience and fly to SLC and file a lawsuit with an attorney there (SLC is the headquarters location).

I am especially interested in learning of others who would like to participate in a class-action lawsuit. If I don't get resolution myself bery soon, I will be proceeding with a lawsuit regardless.

I am also interested in collecting the stories of those who have similarly been abused by SPS / Fairbanks, and will be contacting media outlets so as to warn others about their still-current abuses.

Please feel free to contact me by using the rebuttal box below.

NOTE - they were previously know as Fairbanks but are now known as SPS - Select Portfolio Servicing at www.spservicing.com

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Stephen
Fort Collins, Colorado
U.S.A.

Click here to read other Rip Off Reports on Fairbanks Capital Corp

This report was posted on Ripoff Report on 12/22/2004 09:51 PM and is a permanent record located here: https://www.ripoffreport.com/reports/sps-select-portfolio-servicing-fairbanks/salt-lake-city-utah-84115/sps-select-portfolio-servicing-fairbanks-capital-lost-payment-ripoff-wont-reimburse-o-124128. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
2Consumer
3Employee/Owner

#5 Consumer Suggestion

Some Ideas

AUTHOR: Laura - (U.S.A.)

POSTED: Wednesday, January 19, 2005

Hi Stephen.

First, you should know that there was a recent NATIONWIDE class action suit against Fairbanks - hence their recent change of name. We were part of this class action suit (under the force-placed insurance scenario) and were awarded a very small amount of money. We have been damaged beyond repair, we could not afford to keep fighting in a civil suit against them and we, alas have lost the battle and our home is up for sale.

A few suggestions for you.

1. Send everthing that you have sent (and I mean EVERYTHING - every fax transmission receipt, document, check copy, letter, request, etc. via Certified Mail - Return Receipt (so they HAVE TO SIGN IT). You then have legitimate documentation. Faxes don't work - believe me. These guys even stuck a Federal Express Overnight Envelope with Insurance Certificates and instructions IN A DESK DRAWER!!!! Need I say more?!

2. Forget the telephone calls. They do this to everyone. It's a run around. I have a year or more of day to day notes on conversations and contact/departments. It didn't help in our suit.

3. You must write a letter (send it Certified - Return Receipt)to their customer service Department or their General Counsel (would be better). In this letter you should explain the problem and specifically request they investigate the matter and respond to you.

4. After the letter is written and sent, contact the Office Of Banks And Real Estate in your state and begin an investigation. They can't initiate a foreclosure or any other action during the investigation which can take several weeks.

5. Also contact your State's Attorney and make them aware of your problems and complaint. The State's Attorney's office needs to hear from EVERYONE in your state having a problem with this company. The Illinois State's Attorney's office advised me they were not aware that people in Illinois were having problems. They weren't hearing from anyone so they figured there was no problem in Illinois. How wrong!

6. Avoid filing bankruptcy or hiring a lawyer until you have done these things. It is very tough to fight them in the civil venue. It also appears by the amount of postings on this site that the class action suit did not help much.

7. As a result of the class action suit, you should know SPS had to agree to a Bill of Rights for us - a written document that not only applies to them but to ALL loan services as to how they should conduct themselves. You can find this on the Internet and print it in its entirety. It outlines how they must conduct themselves when servicing accounts, handling consumer complaints, etc.

Well, I hope this helps you. I learned all this the hard way over 3 years of stuggling with them, hiring several lawyers, hiring a negotiator, getting the OBRE involved and talking to the State's Attorney.

A class action suit will not reverse the damage they have done or make you whole if you are in the process of losing your home. If many people file (as in our class action suit) you will get a few hundred dollars and will still have to deal with this company (and all the fallout) on your one (or with an attorney YOU hire).

Good luck in your fight! I know your pain.

Laura

P.S. My story is posted on this site in early 2004.

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#4 Consumer Suggestion

Select Portfolio and America's Servicing Compay Are In It Together!

AUTHOR: C. - (U.S.A.)

POSTED: Tuesday, January 18, 2005

Hey Stephen!

Welcome to my life! Select Portfolio and America's Servicing Company are in this thing together.

Read Postings under America's Servicing Company and you will understand....

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#3 REBUTTAL Individual responds

i was abused for 7 years

AUTHOR: Sareatha - (U.S.A.)

POSTED: Saturday, January 08, 2005

hello my response to anyone who will listen is refinance NOW.GET AWAY FROM THEM,we were charged late fees because our payment coupon said send to kentucky but it had to go from kentucky,to florida,to california, then to utah all the time they stamped my payment received but never credit my account.i also had cancelled checks heck one time i even sent a quick collect payment thru western union called them to verify and about 45 days later i received a letter from western union for me tocome get my money because it was never picked up.i was charged an escrow on my account but i pay my own insurance and property taxes,i sent them proof as such and they said it would take 90 days to resolve,and they charged me interest then my intial loan with them was 38000 ive been paying since 1998 i just refinance 12.04 and my pay off was 43000 how is that.that class action suit was a joke i was told that i had been charged $4000 in fradulent fees i received a check for $350.

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#2 REBUTTAL Individual responds

Response to Stephen in Fort Collins

AUTHOR: Melissa - (U.S.A.)

POSTED: Friday, January 07, 2005

Dear Stephen,

My husband and I are also victims of Fairbanks/SPS whoever they are at the moment. Is there another new name scam they have now?

We would be very interested in joining a class action suit if you know of any or are beginning one yourself. We have tried the Colo Atty General's office (useless) the FTC (not much better) and the Douglas County Public Trustees office to see if there is any help. Not much to say the least. Our story is exactly like so many on this web site.

He has had the most experience dealing with these criminals so he would be your most helpful contact.

Hope to hear from you.

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#1 REBUTTAL Individual responds

Response to Stephen in Fort Collins

AUTHOR: Melissa - (U.S.A.)

POSTED: Friday, January 07, 2005

Dear Stephen,

My husband and I are also victims of Fairbanks/SPS whoever they are at the moment. Is there another new name scam they have now?

We would be very interested in joining a class action suit if you know of any or are beginning one yourself. We have tried the Colo Atty General's office (useless) the FTC (not much better) and the Douglas County Public Trustees office to see if there is any help. Not much to say the least. Our story is exactly like so many on this web site.

He has had the most experience dealing with these criminals so he would be your most helpful contact.

Hope to hear from you.

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