Consumer complaint received 2021-04-12
Company: SELECT PORTFOLIO SERVICING, INC.
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Count I : Lender/Servicer ( SPS ) is not processing payments as Authorized, Instructed and as required by State & Federal Banking Regulations. I have Specified within EACH Payment " Principal Only Payment '' or " An Additional Principal Payment '' after and In addition to full and regular scheduled payment ( s ) each month, Yet SPS Refuses to Post the payments as required by both Law, Regulation ( s ) and my instruction/authorization creating False, Fraudulent and Unearned interest to line their own pockets and defraud the consumer. An independent audit will show that as soon as SPS took over the account management and pre-pandemic while payments were still possible and being made, months of payments were maid but not credited and were deceptively being held as " un-applied payment '' while unearned interest posted despite our calls, instruction ( s ) & while being in full compliance, making all required payments first Count II : My Wife ( A XXXX Person & Protected Class ) & I were adversely effected by the Pandemic. Despite our making timely and multiple requests to SPS for loan assistance, and contrary to the Cares Act and any/all Relief provided for under Government orders including Foreclosure Protection, Forbearance, loan Modification, Interest Rate and Loan balance write off and more, we were denied access to these rights and multiple mis-steps and misconduct were committed by this lender & SPS. 
I communicated by phone many times with SPS confirming the impact the Pandemic had on us, our finances and our ability to pay. All of these were formal requests for forbearance and other relief as provided by the state & federal Government ( s ). Although all verbal requests made to SPS were accepted and ultimately deemed to be in-compliance, late in XXXX, 2020 I made written application for the relief we sought as was offered to all other Americans. This including all the above which SPS initially and illegally refused to honor refusing our legal and notarized Document ( s ) ( a violation of Law ) Emphasis Added, Although the application was eventually processed, purportedly as required, these violations are significant and require fines, penalty 's and damages for their willful and deliberate violations of law. 

Attached are a number of documents showing both misconduct and violations of Law, the Cares Act, as well as, many State, Federal & Banking Regulations. These enclosures show & prove both errors and the mishandling of our application. 
Lastly we received the letter ( also attached ) showing all of the following Violations & more : a ) Predatory Lending Practices, b ) Discrimination against a protected class, c ) Willful and XXXX disregard to the laws and requirements of the Cares act, d ) Willful and XXXX disregard to the laws and requirements of the Forbearance and loan modification requirements spelled out by the Government & Laws within. e ) Complete and multiple violations of ( Mass General Laws ) MGL Chapter XXXX requiring Loan Mod 's and forbearance and more .... 

In the end, SPS made the same offer I rejected in XX/XX/2020 as unsustainable and UN-affordable. That was to make double payments ( Current and past due payments simultaneously every month. We were denied discriminately the Forbearance, loan Modification and ALL other relief programs without just cause. 
Further requiring us to make unsustainable and unaffordable payments while the Federal Foreclosure Ban and Cares acts are extended and still in full force and effect, proving to be a clear Violation of Banking Regulations, their license as a Lender & Servicer and the law. 

Also per the attached, in addition to discrimination, & Predatory Lending Practices, they have required us to make double payments, and withdrew our application because we demanded access to the same & legally required programs all other Americans received without the discrimination we experienced.

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