Consumer complaint received 2017-12-14
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX XXXX directed the Trustee to illegally file a notice of Default on my mortgage when I had already submitted a modification request. After submitting a complaint to CFPB the NOD was never rescinded. XXXX was not within their right to file as it violated both Federal Law and California State Foreclosure Laws so instead of rescinding which is the legal thing to do they placed the notice in a delay status. There is a difference between rescinding and delaying as delay indicates XXXX felt their action were not illegal when the law is clear. XXXX however came back and offered a loan modification which I was happy to accept. As soon as I made my first payment the servicer initiated a forced place insurance policy which I was not required to have because at no time was I ever without homeowners insurance. I called and faxed XXXX  several times from XXXX to XXXX/XXXX/XXXX as well as my insurance agent from XXXX the company that holds the policy to ensure the Servicer that I had homeowners insurance. In the meantime, they expected me to pay for this policy which was more than XXXX as well as make my Trail Modification Payments yet would not remove the policy until after the Trail Modification period. If I am in a trial Modification it would make sense that XXXX month could not be added on to the payment and still be affordable. When I contacted XXXX I was told to leave my Relationship manager a message. I have left him several and he has yet to respond. XXXX is required to provide me a point of contact with knowledge of my account and yet no one seems to know what is going on. After repeatedly requesting to speak with XXXX XXXX who is supposed to be the point of contact that the servicer is supposed to provide to me under federal law I have yet to receive one callback. XXXX has now directed the Trustee to file a Notice of Sale. The Notice of XXXX was filed illegally so there is no way that they can move forward to Notice of Sale with a defective Notice of Default. Further it was their fault that they did not remove the forced place insurance immediately after both myself and my insurance company notified them that I had insurance. Further they are being deceptive as the XXXX in California not only has to verify the information provided by the XXXX they also must follow all laws in California regarding foreclosure as does XXXX. XXXX  can not provide false information to the Trustee to foreclose on my property I am attaching the letters that were sent to the Trustee by certified mail. Even if both the NOD and NOT were not defective XXXX  would have to provide me with a 20 notice before any sale under California law, they deceptively scheduled a sale the day after XXXX and provided me notice on XXXX which is far less than 20 days and less than what the law requires. I have also attached that notice. I was also charged foreclosure fees that the lender was not entitled to charge since they filed the NOD when I had already applied for and XXXX acknowledge the application. I included all those documents in my first submittal to CFPB and XXXX. If you look at the attached payment schedule of my homeowners insurance, it shows I made my installment insurance payments covering the entire period XXXX claims I did not have insurance. Yet XXXX   continued with this insurance after I notified them.

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