Ditech Financial LLC

Ditech Financial Mortgage debt complaint on 02/14/2019

The following is in response to Select Portfolio

Select Portfolio Servicing False statements or representation

Attempted to collect wrong amount

The following is in response to Select Portfolio Servicings ( SPS ) letter dated XX/XX/XXXX, referencing CFPB complaint number XXXX. Please allow me to outline my continued unresolved issues/concerns. 1- SPS continues to claim XXXX XXXX XXXX XXXX , as indenture trustee for the holders of XXXX Trust XXXX ( note this has changed several times ), is the owner of the account. However, SPS has never provided any documentation substantiating this claim. A Notice of Servicing Transfer does not constitute XXXX XXXX XXXX XXXX alleged legal ownership of the account. Please provide documentation legally substantiating this claim. 2- SPS has yet to provide me with copies of all property inspection reports charged to the alleged account and dated : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. 3- SPS continues to claim, Our records show that the property address reflects the property address on the note. This statement is clearly a false misrepresentation of the facts. First, the alleged note states, YOU ARE GIVING US A SECURITY INTEREST IN THE REAL PROPERTY AS DESCRIBED IN THE MORTGAGE AND LOCATED AT : XXXX XXXX, XXXX, NY XXXX. Again, an address is not and can not be used to legally describe a property secured by a mortgage. In addition, even if it could, as I have stated numerous times, the PROPERTY AS DESCRIBED IN THE MORTAGE, is not the property ( metes and bounds ) coinciding with the property address of XXXX XXXX, XXXX, NY XXXX. Additionally, the two previous notes and mortgages ( XX/XX/XXXX & XX/XX/XXXX ), allegedly consolidated with the alleged XX/XX/XXXX mortgage have two different addresses, which is XXXX XXXX, XXXX, NY XXXX. The zip code XXXX is not even the correct zip code for XXXX, NY. Secondly, SPS, as alleged servicer, has paid taxes on a property they are illegally associating with XXXX XXXX XXXX XXXX, NY XXXX, although current tax records indicate the property address as XXXX XXXX XXXX. SPS has yet to sufficiently explain this discrepancy. Lastly, as the Fiduciary for the Estate of XXXX XXXX XXXX, I continue to dispute and refute any and all claims XXXX XXXX XXXX XXXX, as indenture trustee for the holders of XXXX Trust XXXX, or any affiliates have against the estate of XXXX XXXX XXXX. Based on the stated facts, SPSs response is both inaccurate and misleading. Im sick in tired of SPSs cut and past responses, which provides absolutely no resolution to my issues and/or concerns. I have previously provided documents to SPS, which fully substantiates my claims. A copy of this complaint will be provided to the New York State Attorney General.

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