Consumer complaint received 2019-05-05
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am referring to a prior complaint that I have had to Select Portfolio Servicing which I outlined in my prior complaint to them Reference # XXXX in which I have disputed my account with SPS which began with a modification done by XXXX on our mortgage since a modification XXXX did on our mortgage account in XX/XX/XXXX. 

SPS responded to CFPB that SPS needs specific information regarding those payments I believe have not been accounted for. 

I have submitted documentation to them subsequent to the complaint I submitted to CFPB in the form of bank statements showing payments made to XXXX in XX/XX/XXXX, to XXXX in XX/XX/XXXX and XX/XX/XXXX and the XXXX Payment Transaction History which substantiates my payments to them and not credited to my account and clearly shows the excessive capitalization for accrued interest and escrow charges made on my mortgage account since XX/XX/XXXX by XXXX, XXXX, and now SPS I wish to reiterate that the fact that I signed a mortgage modification does not nullify or excuse bank errors made on my mortgage account since XX/XX/XXXX. 

SPS recently responded with a letter dated XX/XX/XXXX a copy of which is enclosed in which SPS responded to my inquiries of XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX regarding the missing payments. In this letter SPS clearly states in answer to my inquiry that XXXX Bank responded to my concerns in their letter to me dated XX/XX/XXXX, which is completely in error. I sent SPS copies of payments made in XX/XX/XXXX which clearly show that we made payments through XX/XX/XXXX. XXXX has stated in their letter that we made payments through XX/XX/XXXX. which is a bank error. # As I stated in my complaint # XXXX, XXXX did not credit us with a replacement cashier 's check sent on XX/XX/XXXX and charged our account with that payment of {$6400.00} plus {$3000.00} in corporate advance and interest fees. This increased the modification agreement by {$27000.00} and the revised modification agreement they sent to be returned on XX/XX/XXXX, required that we send a cashier 's check for {$3000.00}. This represents a complete bank error on their part which I have disputed since XX/XX/XXXX as stated above. And now SPS is excusing this error by sending a copy of the XXXX letter dated XX/XX/XXXX. The bank errors on my mortgage account started there as I have written in my former complaint # XXXX to CFPB submitted on XX/XX/XXXX. 
Please see enclosed documents Also SPS has offered me a repayment plan on my mortgage which I can not meet in the amount of {$6100.00} per month which is twice the amount of my current mortgage payment. This offer was made without their obtaining or requesting current income information from me. I understand it is illegal for a lender to offer a mortgage payment to a borrower without substantiating their ability to repay the mortgage. This amount is excessive for me to pay based on my current income. I consider their repayment plan to be unconscionable and unfair. If I can not meet that repayment plan I fear SPS will begin foreclosure proceedings against my property.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation