Consumer complaint received 2019-01-25
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
SPS, the loan servicer on my mortgage account is demanding {$6100.00} from me on a repayment schedule to repay their claimed balance of approximately {$120000.00} on the loan. I am disputing the amount of the monthly repayment because SPS never asked me for income information during the year XXXX to substantiate and prove that I could make this payment on a repayment plan and this is against the law. 
Approximately {$50000.00} of the amount they are claiming is from taxes and insurance SPS claims they have paid on the property. 
I have had expensive repairs on the house since XXXX which were not covered by insurance such as a collapsed 220 linear feet retaining wall and many fallen trees on the property at that time. I had to replace the wall and take down the felled trees without any insurance coverage and that was a financial hardship for me. At the present time, I have a serious problem on the roof with leakage and the roof must be replaced and I have felled trees on my neighbor 's lot which have to be removed. These are very expensive projects at this time. 
I am claiming the amount of {$38000.00} plus applicable interest for the period XXXX to XXXX for bank errors made on my account which started with the XXXX  XXXX modification in which XXXX did not credit a payment made on XXXX by cashier 's check to replace a check which had returned NSF from the bank. 
XXXX  XXXX proceeded to add the charge for that check plus {$3000.00} in interest fees and corporate advances which equals XXXX. Plus they sent us a new modification agreement which increased the former one done on XX/XX/XXXX for {$18000.00} to {$27000.00} an increase of {$9500.00} on the new modification done on XX/XX/XXXX. In addition, they demanded that we send a cashier 's check of {$3000.00} with the new modification agreement. This was clearly a bank error. 
Then in XXXX, there were two payments not credited to my account which total {$6200.00} In XXXX when XXXX, which acquired XXXX during the financial crisis, offered us a new modification, the amount of {$12000.00} was not credited to my account as they only credited our payments made through XXXX, XXXX. Therefore the amount of {$12000.00} was not credited to my mortgage account. Then there is the issue of charges made to my escrow account for insurance premiums prior to XXXX when the charges for insurance and taxes were impounded in the mortgage payment. This amount, according to our analysis of the escrow statement from XXXX XXXX  was {$7400.00}. 
Therefore the amount I am claiming that is owed on my mortgage account from XXXX to XXXX is {$38000.00} plus applicable interest and penalties. 
Some of the payments made on my mortgage were held in suspense according to the mortgage transaction history and I understand it is illegal for banks to hold funds in " suspense '' past a specified payout period Other amounts in dispute on my mortgage account are : XXXX - {>= $1,000,000} Trial payments on loan not credited on XXXX Payment History XX/XX/XXXX to XXXX, XXXX {$26000.00} dispute on funds owed for payments made and not credited to my account XXXX, XXXX to XXXX, XXXX Excess payment to mortgage escrow account {$27000.00} XXXX to XXXX The amount of {$11000.00} two payments held in " suspense '' and not credited. 
XXXX to XXXX The amount of {$1600.00} which was an excessive amount charged for taxes in escrow account. 
XXXX {$10000.00} for three trial payments not credited on XXXX payment transaction history. 
Amount in dispute on my mortgage account to XXXX {$91000.00}. 
My mortgage account was capitalized in the amount of {$170000.00} from XXXX until XXXX. 
With a projected balance of {>= $1,000,000} claimed as due on the loan at present,, that leaves a total of {$140000.00} capitalized on the loan balance since XXXX and that is including all the mortgage payments made on the loan since that time. I am disputing this amount as being excessive and inaccurate. 
If I can not make the monthly repayment plan of {$6100.00} per month according to the Proposed repayment plan which is based on as 12 month period plus a Balloon payment of {$50000.00} due on XX/XX/XXXX, I stand a very good chance of losing my home. 
And as I pointed out, SPS calculated this payment amount without obtaining proof of income from my for XXXX and XXXX which according to my understanding is illegal.

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