Consumer complaint received 2018-08-10
Company: SELECT PORTFOLIO SERVICING, INC.
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Foreclosure Due to Denial Loan Modification Requests Trustee : : XXXX XXXX, XXXX Trustee for XXXX XXXX Series Trust Loan # : : XXXX Current Mortgage Servicer : : SPS Select Portfolio - Loan # XXXX Our current mortgage servicer is ( SPS ) Select Portfolio Servicing, as of XX/XX/XXXX as a result of a transfer by our former servicer, XXXX XXXX XXXX. ( Please note : We have had 6 mortgage servicers dating back to XXXX ) on our Non-Agency Securitized Mortgage since originated in XXXX with XXXX XXXX XXXX XXXX. Since XXXX, we have been " denied '' participation in all Mortgage Modification Programs on 54 occasions even though our circumstances and financial status deem us eligible. 52 of the denial letters have indicated the reason for denial by all past and present servicers in loan modification denials signed by XXXX XXXX, XXXX Trustee indicating " the loan investor/ Loan owner ( XXXX XXXX-XXXX Mortgage Pass through Certificate investors and trustees ( XXXX XXXX XXXX ) does not authorize/permit loan modifications '' In our most recent attempt to apply for any/all available loan modifications through SPS have also not been successful and we have been " verbally '' told that it is due to language in the Pooling & Servicing Agreement ( dated XX/XX/XXXX ) restricting modifications, the PSA is a document that was filed with SEC almost 14 years ago and has never been updated. ( Note : : XXXX XXXX Trust last filed documents with the SEC in XXXX ). SPS indicated in XXXX of XXXX that they saw no language in the PSA prohibiting loan modifications on our mortgage, and have repeatedly encouraged us to apply for Mortgage Assistance to save our home of which we complied with completed application submissions on 13 occasions with SPS our current Loan Servicer. We have had 6 Mortgage Servicers to date and have applied for Mortgage Assistance 56 dating back to XXXX at the continuous encouragement by all Mortgage Servicers. Despite our pleadings for assistance, none of our Servicers to date have complied with our request to contact the investor/loan owner on our behalf for an exception or waiver permitting a 1 x loan modification. We have also made over 47 attempts to XXXX XXXX, XXXX directly for assistance with this matter as they are referred to as the Trustee & Master Servicer of our mortgage which we now understand was a faulty securitization scheme in XXXXThey have indicated that they do not have contact information on the actual investors/loan owner, yet XXXX XXXX XXXX XXXX as trustee and " Master Servicer '' per the XX/XX/XXXX Pooling & Servicing Agreement ( attached (. XXXX XXXX, XXXX Trustee, has indicated that they have no jurisdiction as the trustee to assist us with information that would assist us with our Loan Modification requests. Additionally, there have been a number of Falsified Mortgage assignments on our mortgage by XXXX XXXX, XXXX. 
Sincerely, XXXX XXXX & XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX XXXX

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