Select Portfolio Servicing Caves! Walks Away From Foreclosure Battle.

Select Portfolio Servicing Voluntarily Dismisses Foreclosure Case With Prejudice Against MFI-Miami Client

MFI-Miami client Eliaquin Ortega scored a decisive victory against Select Portfolio Servicing. Attorney Claudio Cedrez-Pellegrino successfully argued MFI-Miami's findings that led to victory in the case.

MFI-Miami found that the MBS Trust (Multiclass Mortgage Pass-Through Certificates Chaseflex Trust Series 2007-M1) did not have legal standing to foreclose.

This was the second time that a lender attempted to kick the Ortegas out of their home. The original servicer Chase Home Finance attempted to foreclose in 2008. However, Chase withdrew the case without prejudice in 2011. It appears they also had a legal standing issue and in typical Chase fashion, they washed their hands of it. They dumped it on someone else.

The first foreclosure file had a plethora of problems. It would have been impossible for Select Portfolio's lawyers to win a foreclosure judgment. The second foreclosure action was a bigger mess.

Issue #1: Select Portfolio Servicing Supplied 3 Conflicting Copies Of The Note

select portfolio

As part of our standard operating procedure, MFI-Miami requested a copy of the note from SPS. SPS sent us on 12/16/2015 contains only one endorsement stamp endorsing the note to JPMorgan Chase. This stamp bears the stamped signature of Laura Wilks, a former Colonial Bank Vice President.

This copy of the note is different from the copy in the foreclosure 2013 foreclosure complaint.

The copy of the note filed with the court on 3/19/2013 contained two endorsements.  It contained the Colonial Bank endorsement and a second endorsement stamp signed by JPMorgan Chase Assistant Secretary Monica Collins.

Lawyers for the Trust and SPS entered the copy they sent MFI-Miami as an exhibit during litigation. Yes, they submitted two different copies of the note alleging they were both "true copies."

Read more at MFI-Miami

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