Consumer complaint received 2017-12-17
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
SPS, as the Transferee Servicer, is not adhering to terms and conditions of the original mortgage instrument. 
XXXX Bank notified me by mail that my mortgage assistance package was complete as of XXXX XXXX, XXXX. That letter was sent to me on XXXX XXXX, XXXX. The first paragraph states that they will let me know the results of the review of my completed application by XXXX XXXX, XXXX. This letter stated that I was entitled to Foreclosure Protection and no foreclosure actions would not be taken while my application was being reviewed. This letter also stated that I may also be entitled to additional protections based on state and federal laws. I am currently looking into these protections. 
2. ) SPS was in receipt of ( at the least ) A Facially Complete Application ( 12 CFR 1024.41 ( c ) ( 2 ) ( iv ). 
On XXXX XXXX, XXXX SPS sent me two letters stating they believed my application to be incomplete. However, according to 12 CFR 1024.41 ( c ) ( 2 ) ( iv ) my Mortgage Assistance application was, at the very least, Facially Complete and SPS is in error of not affording me the protections that having a Facially Complete Application should afford me. SPS stated in the letters that The Action Required was : Customers Tax Return E-File is missing signature. XXXX was in receipt of the required signature and it was faxed to them on XXXX XXXX, XXXX at XXXX am. The receipt ID for that fax is : XXXX XXXX. Although SPS is required to maintain policies and procedures to receive all documents accurately, they claim to have not received the signed e-file document. I obliged SPS and upon receiving that request from them, I immediately called SPS, made arrangements to get that page to SPS ( again ) and I emailed SPS  what was requested of me. I have that email and the email from SPS stating they received the email from me on XXXX XXXX, XXXX. 
3. ) Not maintaining policies and procedures for borrowers to accurately submit documents when requested by servicer, AND, Not Accessing and Providing Timely and Accurate Information to the Borrower, and, Errors regarding Calculating Time Periods and Determining Protections and Failure to exercise reasonable diligence in obtaining documents. 
XXXX XXXX, XXXX I received a letter accusing me of not supplying the requested information. I called SPS and spoke to XXXX XXXX who said that SPS was unable to open my PDF document that I sent to them on XXXX XXXX ( which they acknowledged receiving on XXXX XXXX, XXXX XXXX. XXXX XXXX also told me that SPS was going to contact a foreclosure attorney on/ or around XXXX XXXX, XXXX. 
SPS waited 46 days to tell me they could not open a PDF with the information they required of me. Between XXXX XXXX and XXXX XXXX, SPS sent me numerous other letters concerning privacy notices, annual escrow account, and letter ( s ) stating that they received correspondence from me and stating that SPS is committed to Home Retention. Without an explanation that their system was unable to open my PDF, they sent me a Notice of Default. Hence the Calculating Time Periods and Determining Protections according to 12 CFR XXXX ( b ) ( 3 ) for borrowers are not being afforded me and I am not being protected as I should be. The tardy explanation of telling me that an email PDF could not be opened, combined with ignoring the Complete Mortgage Assistance Application Letter XXXX that I received on XXXX XXXX, XXXX, and by also Ignoring the XXXX XXXX, XXXX deadline date set forth in that letter by XXXX, to inform me of my results of the Completed Mortgage Assistance Application, along with refusing to acknowledge and review a Facially Complete Application led to XXXX XXXX ignoring my foreclosure action protections ( which I should have been afforded when SPS assumed my Mortgage Servicing on XXXX XXXX, XXXX XXXX and threatening me with the deadline of XXXX XXXX, XXXX for SPS to call their Foreclosure Attorney. 
SPS was untimely and incorrect when notifying me that my mortgage assistance application was incomplete, untimely when telling me they could not open an email with the required information. Premature in sending me the default letter on XXXX XXXX, XXXX and in error with threatening me of SPS contacting the foreclosure attorney to pursue options against me if I do not cure the default by XXXX XXXX, XXXX. 
4. ) Failure to provide accurate information to a borrower regarding loss mitigation options and foreclosure, as required by 12 CFR 1024.39. 
SPSs XXXX XXXX refused to state what mortgage assistance options SPS would consider me for. XXXX XXXX specifically omitted, and would not state, that SPS would be considering me for a Loan Mod. I am still unclear on what SPS is going to review me for if they are even going to consider my completed application that was considered complete by XXXX on XXXX XXXX, XXXX before SPS assumed the servicing of my loan on XXXX XXXX, XXXX. 
5. ) Making the first notice or filing for a judicial or non judicial foreclosure process before the time periods allowed by 12 CFR 1024.41 ( f ) and ( j ). 
I believe that XXXX XXXX telling me that I had to correct them default or SPS would contact the foreclosure attorney is an error according to the information above. 
6. ) Moving for foreclosure judgment or order of sale in violation of 12 CFR 1024.41 ( g ) or ( j ). 
I believe that SPS is moving closer to a foreclosure judgement, rather that working with me to maintain my home. I believe they are not moving forward with intent to review my ( already completed ) mortgage assistance application with XXXX, and at the ( very least Facially ) completed application with SPS.

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