Consumer complaint received 2017-07-11
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Hi, my home was unlawfully sold on XXXX XXXX, 2017 by Select Portfolio Servicing. On XXXX XXXX, 2017 I filed for a Chapter XXXX Bankruptcy. I also gave notice to the servicer Select Portfolio Servicing. But they still proceeded with the sale. Even still after the sale they have not returned the  property back to me. Therefore, Select Portfolio Servicings foreclosure occurred in direct violation of Title 11 Section 352 of the Bankruptcy Code as the statutory automatic stay was in place at the time of Select Portfolio Servicing s wrongful, oppressive and illegal foreclosure sale took place. VIOLATION OF SECTION 362 ( a ) OF THE FEDERAL BANKRUPTCY CODE Section 362 of the Bankruptcy code requires all collection efforts to cease immediately upon the filing of a voluntary or involuntary bankruptcy petition. Section 362 ( a ) of the Bankruptcy Code provides that the filing of a bankruptcy petition operates as a stay against the following activities : ( 1 ) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title ; ( 2 ) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title ; ( 3 ) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate ; ( 4 ) any act to create, perfect, or enforce any lien against property of the estate ; ( 5 ) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title ; ( 6 ) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title ; ( 7 ) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor ; and ( 8 ) the commencement or continuation of a proceeding before the United States. <P/>It is worth noting that the automatic stay is truly " automatic, '' in that it takes effect Instantly upon the filing of a bankruptcy petition and is effective against most entities, including the debtor, and regardless of whether the entity is aware of the filing Im very upset at Select Portfolio Servicing. They have been jumping me around for a very long time now with my loan modification. I can not get a loan modification without them threatening me with a foreclosure sale date. I still to this day can not get a loan modification they always denying my loan modification. Please help me with this I have sale on property XXXX XXXX, 2017 I am out of options I do not know what else to do for them to stop the sale and give me a loan modification. Please help me please I need someone to talk to about this. They are violating my Home Owner Bill of Rights and I need the sale stopped imminently for my modification to go through. This is way too long over two years now and I can not get an offer.

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