Consumer complaint received 2021-07-06
Company: SELECT PORTFOLIO SERVICING, INC.
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I had filed a complaint earlier regarding my mortgage company and they sent back a report to me dated XX/XX/XXXX with a lots of inconsistences and errors and consequently because of this my account has not being evaluated properly so I have again send a letter detailing the inconsistences and errors so as to get my account properly evaluated. The letter is copied below. I would like CFPB resend this information to them impressing upon them the importance of evaluation my account properly so there is a fair outcome. I have also attached the letter they sent to me and also documentation to back up what I said. I need to have my voice heard and due diligence done as my mortgage company is trying to use semantics and technicality to show that they are following procedure when in reality they are not. Please read the letter below to them and you will understand what I am trying to get my mortgage company to do and be fair and just as this is really wearing on me presently. Thank you. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Dear Sirs : I am hereby replying to correspondence sent to me dated XX/XX/XXXX and received on XX/XX/XXXX regarding my ( and CFPB complaint ) inquiries regarding the proper re-evaluation of my account so as to obtain a loan modification or forbearance. The following are inconsistences and or errors in the report and also information inconspicuously left out of the report for a proper evaluation. Below is information SPS needs to acknowledge, incorporate, accept and correct when re-evaluating my account for a forbearance, payment plan or loan modification : Loss Mitigation 1. Your withdrawal notice of XX/XX/XXXX SPS had provided a payment plan of {$2700.00} and I called and informed SPS that I would not be able to pay that monthly amount ( conversation recorded ) and therefore SPS sent the Withdrawal Notice. I called again and was informed by a rep that I would be sent a new RMA to fill out and return so that SPS can review which I did on XX/XX/XXXX XXXX see attached RMA ). I was approved for a payment plan in the amount of {$1.00}, XXXX for a start date XX/XX/XXXX. The pandemic hit and my financial situation grossly changed and I called SPS to informed them of the situation and the rep who took the call informed me that the plan was put on hold until XX/XX/XXXX and thats when my first payment is due ( conversation recorded ) so there was no reason for me to make a payment until that date. 
2. I again made a call the third week in XX/XX/XXXX to see if all was ok to start payment on XX/XX/XXXX and was told by the rep who took the call that the Plan was already closed ( so there was no plan ) so she stayed with me on the phone and completed a partial RMA so that SPS would have something to review while she forwarded me a new RMA to complete and return with my documentation. She also indicated that SPS will either re-open the payment plan because of the misunderstanding or review for a new plan ( conversation recorded ). I returned the completed RMA and documentation on XX/XX/XXXX. 
3. In a letter sent to the bankruptcy attorney dated XX/XX/XXXX ( which I never received but was included in the review documents sent to me by SPS dated XX/XX/XXXX XXXX, it states that Simply make the required payments by XX/XX/XXXX which means I had until XX/XX/XXXX to make payment and SPS closed out the payment plan early in XX/XX/XXXX. ( see attached SPS letter dated XX/XX/XXXX which was included in SPS current report sent to me by SPS dated XX/XX/XXXX ).

4. It is only proper business ethics that if SPS makes a decision to withdraw a plan offered to me then I must be advised in writing long before the due date of their decision to rescind the offer and I received no such information from SPS and SPS is not able to produce any such information, although SPS is very proud to indicate and produce the withdrawal notice for a plan they offered me in XXXX. 
5. SPS is trying to use technicality to relieve themselves of their responsibility by indicating in their report send to me dated XX/XX/XXXX the use of the verbiage on or before the specified due date so as to show that they are following normal procedure but all SPS correspondences that have ever been sent to me clearly use the verbiage by ( date ) which simply means up until that specific date so any action before that date must be communicated to the customer.

6. Therefore, in light of me bringing to the forefront these errors and or inconsistences and missing information to evaluated my account in the proper manner I am imploring SPS to do their due diligence that from the start was needed to provide me with a forbearance, payment plan or modification to my loan amount. 
7. I will also file this new information with the Consumer Finance Protection Bureau ( CFPB ) and the Bankruptcy Court through the attorney with documentation.

Discrimination 8. When I used the word discrimination in my inquiry to you it had nothing to do with race or religion. It simply means unfairness on SPS part in doing their due diligence in evaluating my mortgage. I spoke nothing about race or religion but somehow SPS extrapolated what I said about my mortgage to mean something entirely different from what the topic was which in the context was my mortgage. Discrimination has more than one meaning and as a servicer I expected SPS to understand the context in which I used the word.

Foreclosure 9. I have gotten correspondence from SPS attorneys three times this year trying to get a court hearing for a relief from bankruptcy so that SPS can foreclose on my house but because I have been very proactive in the process and pointing out SPS inconsistences in my evaluation the hearing has been put on hold so when SPS indicates to me and copied CFPB that there is no foreclosure that is simply not the reality so for SPS to make this a reality and to commit to a policy of nondiscrimination in all aspects of its servicing program ( SPS words ) then SPS need to consciously read what I send, correct the errors and evaluate my account properly and provide me with a forbearance, payment plan or modification to my loan amount of which I am qualified. 
Other information 10. COVID-19 had made a significant change in my income and the {$1.00}, XXXX to be paid during the pandemic did not make sense ( although I was told by a rep that this amount would not be due until XX/XX/XXXX ) and the federal government asked servicers to provide forbearance for a year which SPS never gave me. I had detailed all this information in a letter to you. 
Please provide me with a payment plan, forbearance or loan modification upon completion of this review as soon possible.

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