In this putative consolidated class action, Plaintiffs Lisa DeSimone, Deborah R. Snowden, and Inez Clara Washington (collectively, “Plaintiffs”) allege that Defendant Select Portfolio Servicing, Inc. (“SPS”), the mortgage loan servicing company that serviced Plaintiffs’ mortgage loans on behalf of non-party lenders, engaged in deceptive practices by charging “EZ Pay” fees or “pay-to-pay fees” (hereinafter “pay-to-pay fees”) of up to $15 each time Plaintiffs sought to make mortgage payments online or by phone, in violation of the Fair Debt Collection Practices Act (“FDCPA”) and various state statutory and common laws.
This is a nice Class Action except SPS has nothing to do with any “servicing” of anyone’s “mortgage loans”. Its a cover up for Credit Suisse and UBS – probably for Citi as well?
Stop conning yourself, get REAL Facts FROM real witnesses.
“SPS is a national loan servicing company that services residential loans” . Does anyone know for sure that SPS does as a SERVICER?
“SPS “enters into service agreements with lenders, primary servicers, note holders, and trustees pursuant to which SPS provides servicing, subservicing[,] and agency activities for loan portfolios”?
Did ANYONE actually see any of these “Service Agreements” in the real life? Only the CREDITOR who owns the debt and accounts receivable due from a homeowner has authority to appoint any Servicers.
“”The monthly mortgage statements that SPS sent to Plaintiffs” How do you know that these “statements” are prepared, printed and sent by SPS? Did you speak with any accountant or bookkeeper who has personal knowledge or involved in preparation of these Statements?
Rule 602. Need for Personal Knowledge
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703.
“In September 2014, SPS began servicing DeSimone’s loan.”SPS services Snowden’s mortgage loan on behalf of its lender principal. In November 2019, SPS acquired the servicing rights to Washington’s loan…”
Again, do you know WHO appointed SPS as a “Servicer”? WHO is this LENDER/Principal? Did this Principal ever appear or confirm its appointment of SPS? WHO awarded “servicing rights to SPS?
All these statements lack foundation and lack AUTHORITY.
They only IMPLY some activities – without ever saying who owned the DEBT and who appointed SPS.
Find the CREDITOR who owns the DEBT first.
20-CV-3837 (PKC) (TAM)
09-13-2024
LISA DeSIMONE, DEBORAH R. SNOWDEN, and
INEZ CLARA WASHINGTON, on behalf of themselves and all others similarly situated,
Plaintiffs, v. SELECT PORTFOLIO SERVICING, INC., Defendant.
https://casetext.com/case/desimone-v-select-portfolio-servicing-inc-1