Select Portfolio Servicing, Inc Mortgage Complaint

Select Portfolio Servicing, Inc Mortgage department,

Conventional adjustable mortgage (ARM) Loan modification,collection,foreclosure New York

It has come to our attention from external sources that a lawsuit has been filed against - - and - - in the State of New York solely by US Bank, National Association, as Trustee, Successor in Interest to - Bank, National Association, as Trustee for - - Mortgage Trust, -. We have no contractual relationship with US Bank, as Trustee and deny any and all allegations of any amounts US Bank, as Trustee. On - -, - - - - from US Bank Corporate Trust Services wrote us a letter ( Attached ) in response to a Qualified Written Request. The - 's letter stated, " US Bank is merely the trustee for the Trust which owns the mortgage and note. Please note the Trust is the owner of the mortgage and note, not the trustee, or US Bank in its individual capacity. '' On - -, - - - wrote - - a letter ( Attached ) which stated, " we are merely the trustee for the Trust that owns the mortgage and note on this property. The servicer is the party to the Trust that has the authority and responsibility to make decisions and take action regarding


control over the initiation or conduct of these foreclosure proceedings ... Trustees play no role in initiating or conducting the foreclosure process, have no role in granting or denying a loan modification, and have little or no information relating to mortgage loan activities including foreclosures. '' Unequivocally, the role of the Trustee is clear and their correspondence states explicitly that US Bank as Trustee " has no discretion or authority in the foreclosure process and does not initiate foreclosure actions. '' Therefore it appears that some unknown and unidentified party ( - ) initiated a foreclosure action as Index # - in the Supreme Court of the State of New York County of - by and through the law firm of - who state they are the attorney for the " Plaintiff '' - US Bank NA, as Trustee etc. A Certificate of Merit ( Attached ) was proffered to the Court signed by - -, -. attesting to a 'reasonable basis for the commencement ' of the action. Clearly there is a disconnect. It is patently obvious that the role of the Plaintiff US Bank, as Trustee, is being misrepresented, as US Bank, as Trustee, has admitted that they have no authority or capacity to begin such a proceeding. Further in a brazen and egregious attempt to mislead the court, the law firm filed a Lost Note Affidavit from a party with no personal knowledge of the particulars of the lost note. A party by the name of - - - of - - - -, states the note was lost eleven and a half years ago on - -, -, 23 days after the alleged Note Date of - -, -. If the note was lost it could not have been endorsed into the Trust as required by law. The Trust is stated to be the owner of the mortgage and note.