Consumer complaint received 2022-05-20
Company: SELECT PORTFOLIO SERVICING, INC.
State: KY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I made a payment of {$1700.00} on Select Portfolio Servicing 's customer dashboard on XX/XX/2022. XXXX deducted those funds from my checking account on XX/XX/2022. On XX/XX/2022 Select Portfolio Servicing says the payment was returned NSF, and they reversed the payment from my mortgage payment history. I contacted XXXX immediately, and they did NOT issue a NSF, I was not charged a NSF fee for a returned item, and I had over {$18000.00} in the account at that time, so no item would have been returned for NSF anyway. I contacted Select Portfolio Servicing on XX/XX/2022, and told them this was an error. They opened a " cashiering ticket '' to investigate the issue. At the same time, I opened a dispute and trace at XXXX. 

XXXX sent me proof, see attached, of the funds being sent to Select Portfolio Servicing. This document is irrefutable, un-mitigatable, down to the second the funds were received by the Select Portfolio Servicing proof. There is also the fact that the funds were withdrawn from my checking account on XX/XX/2022, and since XXXX XXXX  dispute department traced the funds to the merchant, in this case Select Portfolio Servicing, they are not able to recover the funds to my account via provisional credit. This is XXXX Fraud liaison department 's findings, ( see attached also ) : Select Portfolio Servicing was sent {$1700.00} payment by XXXX on XX/XX/2022 at XXXX XXXX through distribution window XXXX distribution file XXXX distribution batch XXXX, XXXX  number XXXX, receiving institution XXXX  XXXX, trace number XXXX, and was received XXXX sec code XXXX by SELECT PORTFOLIO SERVICING company ID XXXX originating XXXX ID XXXX, XXXX  amount {$1700.00} I have sent this proof from XXXX to Select Portfolio Servicing, and have also sent them about 100 other documents that prove that the {$1700.00} payment was not returned for NSF, and that the money is at Select Portfolio Servicing, somewhere, but they have closed the matter, saying that their records show that the money is not there. A rep named XXXX told me one time that the funds WERE there, on Friday, XX/XX/2022 at XXXX I spoke with him and he asked if he could call me back after he looked into the matter. He called me back at XXXX XXXX on Friday, XX/XX/2022, and told me he was " opening a missing payment dispute, and it would take a week or so to get it cleared up on our end. '' He also told me the " FUNDS ARE HERE '' and gave me ID reference # XXXX a missing payment/account dispute. He said he was escalating the issue. He instructed me to check the customer dashboard online on or about XX/XX/2022 and by then the missing payment issue would be corrected by the " cashiering department '' and the correct due date would be showing on my account dashboard. He told me to go ahead and " do my regular XXXX payment, it will be fine. '' It was not, of course, and I never heard from XXXX again. 

In the meantime, I went 1 day past the grace period on XXXX 's mortgage, and Select Portfolio Servicing sent me a notice of default dated XX/XX/2022. This default would not have occurred if they had correctly credited the {$1700.00} payment they have stolen. This default occurred ONLY because a month 's mortgage payment is NOT showing up because of their mistake. They suggested I pay an additional month 's mortgage to bring it current ( another almost {$2000.00}!, who has that EXTRA lying around?, effectively paying them twice for the same month, or do a repayment plan ( to pay what they are claiming is a missed payment, but IS NOT ) over 6 months, dividing the ALREADY PAID XX/XX/2022 payment into XXXX installments to be repaid as an addition to my regular monthly XXXX mortgage payment. To give me time to contact your organization and the Kentucky Attorney General 's office, I chose that option. This made my mortgage come out of default. They are, as of yesterday, still unable to locate the {$1700.00} that was sent to them on XX/XX/2022 from my XXXX account. 

I have spent countless hours on the phone with both Select Portfolio Servicing and XXXX trying to get this issue resolved. At Select Portfolio Servicing I am assigned a Relationship Manager, XXXX XXXX, XXXX XXXX XXXX ext XXXX, but since XX/XX/2022 I have not gotten to speak to him once. I have not spoken to him once in the last 3 years, and suspect he does not exist. I have never spoken to the same person at Select Portfolio Servicing twice, and am forced to explain the situation over and over again to each new person, am put on hold for 30 minutes at a time, am often hung up on, and, still, not one customer service rep has been able to do anything proactive for resolution of this issue. I have pages and pages of notes, each with times, dates, every person I have spoken with, how long I was on hold, and every page of correspondence from both Select Portfolio Servicing and XXXX. I am only attaching enough pages to provide a synopsis of the events, and a timeline. These pages include the bank investigation and proof that Select Portfolio Servicing was sent {$1700.00} on XX/XX/2022 and that the funds were deducted from my checking account. 

All I want is for Select Portfolio Servicing to credit my account with the payment that was made. They blatantly refuse to do this. As you can see from the attached documents, they have the {$1700.00} sent on XX/XX/2022, but refuse to credit my account with the payment that was made. 

It is my hypothesis that the customer service reps at Select Portfolio Servicing are obtuse on purpose, perhaps even trained to be this way as a method of dissuading the distraught consumers calling in for help from doing anything other than capitulating, and either making a duplicate payment or going into default. I have spent untold hours conversing with Select Portfolio Servicing customer service reps, and I am convinced the company 's aim to amass a collection of defaulted upon properties. I think they are stealing from many people in this exact way they are attempting to steal from me, but most people give up, or don't have the resources or skill set or time to advocate for themselves in matters like this. 

I am not most people. 

If my tenacity resolves this issue for me, that will be wonderful. If I can prevent it from happening to someone else, or help someone currently being mistreated in this same way by Select Portfolio Servicing, but unable to advocate for themselves, then that is even better.

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