Consumer complaint received 2019-12-02
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
URGENT Foreclosure Sales Date is 10 Days Away XX/XX/2019 To Whom It May Concern : This is a complaint. SPS has set a foreclosure sale date on our home for XX/XX/2019 and this is a request to STOP the sale date immediately as SPS has not serviced our loan properly. We were in the process of a short sale and during this process SPS continuously requested the same information over and over again stating in their letters that information is still missing ( attached most recent dated XX/XX/2019 ), yet each time they asked for it we submitted the requested information via email. In addition SPS has continued to set a sale date each month since XX/XX/2019 while we were in a short sale process, which is dual tracking. They continued to delay our short sale approval by continuing to request this same information over and over and each time we have provided what they have requested. Now they suddenly deny our short sale in letter dated XX/XX/2019 stating it is due to information not received ( attached ). We called SPS on XX/XX/2019 to discuss the denial. We spoke with XXXX XXXX who stated the short sale was closed due to relocation fees not entered on the Estimated HUD1 as {$10000.00} and instead read {$20000.00}, according to their guidelines. We told Mr. XXXX that SPS has never requested this change to be made on the HUD1, hence how are we supposed to change something we are not aware of. He stated, That amount was required according to SPS guidelines. We also told Mr. XXXX that during these last few months of trying to complete a short sale, SPS has not called us instructing us of the relocation fees to be changed. He agreed and said Its been awhile since SPS called us, but wouldnt provide any dates of how long it has been. We asked if he would please reopen the short sale and allow us to make this change on the HUD1. He stated he would escalate it to his manager to see if they can reopen the short sale, so we made the change and submitted it the next day XX/XX/2019. Mr. XXXX also stated they may not be able to reopen the short sale due to the sale date being less than 30 days away. The following day after we submitted the changes on the HUD1 as instructed by Mr. XXXX, SPS sent us the XX/XX/19 letter ( see attached ) stating there are no further loss mitigation options available to us due to the sale date being within the next 27 business days away. This time-frame is not our fault. It is SPS error in not contacting us nor notifying us of the required change within a timely manner. The short sale denial letter is dated XX/XX/2019, plus 2-3 days mailing time, the sale date of the property is XX/XX/2019. How is this sufficient time for one to call in and request help when they purposely set the denial date and sale date so close together so that once one calls to request help, they say it's too close to the sale date to offer any help. This is unfair lending practice and dual tracking, it is their error in not providing the proper communication in their letters to us nor verbally. Only now that they close the short sale they inform us of this specific information. We request the foreclosure sale date be canceled due to servicing errors, unfair lending practices and dual tracking. We request they allow us sufficient time to apply for a different loss mitigation option or reopen the short sale. We request a fair opportunity to prevent foreclosure.

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