Consumer complaint received 2022-07-11
Company: SELECT PORTFOLIO SERVICING, INC.
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Select Portfolio Servicing has continually blocked and denied us the opportunity to be reviewed or considered for government and internal loan modification and forbearance programs and has scheduled a sale date on our home for XX/XX/XXXX. There has been a significant change in our household finances, and we want SPS to review the current and correct financial circumstances but they are telling us it is too late. We tried to get help through the government CARES program because our family was affected by Covid but SPS did not provide this help. We applied multiple times for government modification programs with SPS but would always get stuck in an endless cycle of missing documents and no positive resolution. On XX/XX/XXXX we were finally approved for a trial loan modification and with great joy made our first payment. ( paperwork attached ) A month later when we tried to call in the second payment we were told the modification was cancelled ( no reason provided ). Since that time we have been in an endless cycle of submitting and re-submitting documents in hopes of getting approved again but no progress has been made. 
We have major concerns regarding the origination, recording, title and legal description of our property. We bought the home with 100 % one loan financing through XXXX in XXXX for an adjustable loan. As we have been going through the process of trying to get modified we have learned some disturbing news. We had found a lender to pay off SPS but they told us that there was a cloud on our title, and that a second mortgage had been originated as well for {$52000.00}, closing on the same day as our first mortgage XX/XX/XXXX. We did not know about the second mortgage, we never received a bill or a statement, no payments were ever made, so this was some type of secret arrangement that we were not a party to by XXXX and now guilty by association SPS. We have requested that they provide all original loan documents and explain how this happened, and how this unknown second loan appears on our title. 

After purchasing the home our family was hit hard by the recession in XXXX and soon our nest egg was gone and my husband and I both lost our jobs in XXXX. At that time we began missing the mortgage payments and tried to get SPS to put us into some type of unemployment forbearance program or any type of HAMP modification, but we were denied on multiple occasions. We would submit paperwork over and over again, we wanted to resume making payments, we wanted to save our home but their staff would continually push us off. My husband finally found a new job and we tried to resume making mortgage payments but SPS told us we could not make payments, we had to cure the entire late payment amount, and would have to go through the modification process, until we finally got approved in XX/XX/XXXX, only to have the offer pulled a month later which we believe was illegal for SPS to offer us a deal that we complied with, then rescind it. 

We continued trying to apply for modification help and then the pandemic hit and negatively impacted our family. We asked SPS for help and they failed to offer any type of forbearance as directed by the government or provide access to the CARES Act. Instead they pushed the case forward into foreclosure. My husband has a good job as a XXXX XXXX  and his finances and our financial circumstances have changed. We have sufficient income to make a fair and reasonable mortgage payment to Select Portfolio Servicing if they were to conduct a full and thorough review of the actual current financial information. Instead, SPS has been trying to push us into foreclosure or short sale. We had given up on SPS and sought out third party financing to pay off our mortgage and had a loan approved and it looked like we could pay this off and get SPS out of our life -- -then Covid hit and the lender pulled all financing and the deal fell through. We don't want to lose our home and need help.

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