I have been fighting with my servicers for a number of years in regards to my mortgage. I say servicers because I have been switched around from one servicer to the next over the past couple of years. My present servicer is Select Portfolio Servicing which I will refer to as SPS. I am completely frustrated with SPS. It appears to me that they are totally ignoring laws, rules and regulations that they are required to adhere to. After much research, I decided to mail SPS a Notice of Rescission, cancelling my deed of trust and debt. I mailed them the letter on XXXX XXXX, 2015 and they received it on XXXX XXXX, 2015. It is my understanding that Congress enacted the Federal Truth In Lending Act ( TILA ) to be self-enforcing. Upon mailing of the letter, TILA automatically extinguishes the lien and the liability of the lien. The security interest is void and of no legal effect irrespective of whether SPS or the true creditor makes any affirmative response to the notice or not. The voiding of the security interest is not a procedure in a step to be followed, it is automatic by operation of law. Because the notice of rescission is self-enforcing and the deed of trust is canceled by operation of law, there can be no legal foreclosure. Because there can be no legal foreclosure, any and all foreclosure against my property currently ongoing must be canceled forthwith. The auction currently scheduled for XXXX XXXX, 2015 must be canceled immediately. Under TILA, SPS, or the true creditor, had twenty ( 20 ) calendar days to dispute my rescission letter by filing a declaratory lawsuit against me. SPS nor the true creditor took any action against me. Since they have failed to take any action, SPS and the true creditor, have given up all rights or claims for the money they allegedly loaned to me. They have waived any all defenses to the rescission and they are now in violation of Federal law. Under TILA, my debt is not only unsecured, but it is eradicated starting with the rescission notice and ending with their failure to comply with TILA within the twenty ( 20 ) calendar day period. If the rescission letter is self-enforcing, it bewilders me why I have to go through such measures for them to abide by the law. Under TILA, SPS had to take mandatory steps, one of which was to provide me with a release of my mortgage and the other was to refund me all proceeds resulting from my loan. They failed to follow these mandatory steps. I am writing this complaint because I am actually mortified by their blatant disregard for the law. I respectfully request that you immediately review this case in critical detail and inform SPS of their wrongdoing. 
