Consumer complaint received 2019-07-01
Company: SELECT PORTFOLIO SERVICING, INC.
State: CT
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
XX/XX/XXXX I enter a 3 month trial period HAMP pre-mortgage modification program with SPS Servicing faithfully paying ( ~ {$1500.00} ) as agreed. On XX/XX/XXXX I was accepted into a mortgage modification, signed all necessary documents to execute the HAMP program and again faithfully paid as agreed to date ( XX/XX/XXXX ). After the modification was executed I was experiencing financial difficulties resulting in my filing Bankruptcy Chapter 13. Again i continue to pay my modified mortgage as agreed for several months with no issues. On XX/XX/XXXX I received a statement saying my next payment was significantly less ( {$650.00} ). I assumed this was an error and I called SPS to have the matter looked into. I payed the ~ $ XXXX  monthly payment as i expected this would be the correct amount. SPS looked into this and it took two months and the statement i received on XX/XX/XXXX changing my payment to {$940.00}. Called again and reported this was still not correct. Again this was still much lower than my standard payment so I payed the ~ {$1500.00} expecting this to be corrected and expecting that's what i owed. OnXX/XX/XXXX I received a new statement stating that my new monthly payment would be {$10000.00}. Obviously this swung from being significantly lower to obscenely high. I called SPS and first i was told my local property taxes increased. I looked on the local town website and my property taxes did not increase they were ~ $ XXXX/yr. I reasoned with the relationship manager that it would be impossible that my taxes increased from ~ {$5700.00} a year to ~ {$9900.00} a month, this must be another error please correct it. The relationship manager agreed and reached out for support. I was finally told this was an error in my escrow account and they would need to reapply my payments. In this process i'm told the payments first pay the estimated escrow account and based on their escrow estimate my total with taxes and insurance would be ~ $ XXXX/yr. I argued that my taxes have been ~ {$5700.00} and my Insurance dropped from ~ {$2200.00} to ~ {$1800.00} in XXXX and this year ( XXXX ) {$1400.00}. A payment change was made to my account prior to the XX/XX/XXXX ( the initial issue ) that made my payment {$1400.00} which has been the amount i continued to pay based on an annual escrow account determination dated XX/XX/XXXX. 
On XX/XX/XXXX I received a statement noting my payment is {$5200.00}. Again I called SPS and noted i never missed a payment why is the statement showing me two months behind. I was told that due to my Chapter 13 there would be a petition amount. My lawyer confirmed this. At first it was ~ {$10000.00}. I contested it and my lawyer worked with the SPS lawyer to address the issue. SPS was saying the $ XXXX was owed prior to the chapter 13 filing which was an error. The Chapter 13 Trustee agreed and the matter was drop. Prior to my chapter 13 acceptance SPS made a new petition for ~ {$950.00} in arrears escrow. Again i continued to complain this is not correct, but my lawyer noted that this would drag on the chapter 13 acceptance. He told me to address the issue post the chapter 13 acceptance. My chapter 13 was accepted in this past XX/XX/XXXX. 
I promptly called SPS again and explained the issue to the answering relationship manager. He asked me to review all my payments to confirm. I did on the phone with him and he confirmed that i did make the payments as agreed. After reaching out for support he came back on and told me that when they did the payment removal and reapply they paid the escrow first which again is an estimate of escrow which is how/why the {$5200.00} amount with me being behind two payments was introduced. The relationship manager said they could do the removal and reapply again which i agreed. 
On XX/XX/XXXX I received a payment reapplication letter from SPS. Again they explain the process, but this time they note they have all the documentation ( which they did not share ) and at the end of the letter that they note it as privileged or proprietary information. The result was the amount is now {$3800.00} as past due. 
Again i have never missed a payment. I'm certain in my mortgage modification all unpaid escrow prior to the modification possible was thrown on the modification amount. 
I have three concerns. First will this game SPS is engaging in lead to me being in foreclosure? Second as part of the HAMP I'm entitled to receive up to {$83.00} per month in incentive paying on time every month, if they hold their position i don't get any of this. Third on my sixth modification anniversary i can earn the right to receive {$5000.00} in principal reduction again if they hold their position i don't get this. 
Please help me understand my rights under the HAMP program and please help me work to correct the issue with SPS. 

Thank you,

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