Consumer complaint received 2020-01-30
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Loan # XXXX XX/XX/XXXX SPS has not addressed nor resolved our concern in unlawfully foreclosing on our property on XX/XX/XXXX. 

On XX/XX/XXXX SPS states " The Notice clearly stated the XX/XX/XXXX deadline to provide these documents. As indicated in the enclosed Short Sale Decision Notice sent to you on XX/XX/XXXX, SPS did not receive the required documents within the timeline specified. As such, SPS considered the offer withdrawn. '' We would note, The Notice did not clearly state the XX/XX/XXXX deadline to provide these documents, because it was not clear on what to send it was a repeated request causing confusion and delay. The document requested per SPS letter dated XX/XX/XXXX was sent to SPS at XXXX on XX/XX/XXXX ( attached ) only 41 minutes past the date given. The fact that SPS considered the offer withdrawn due to the deadline given is beyond words and shows how SPS was looking for any reason to withdraw the offer. This is a lack of customer consideration and courtesy. 41 minutes would have not made a difference in their review process since SPS repeatedly asked for this same document for months, with no phone calls nor explanation when we called, which caused confusion ; and the 41-minute delay. Therefore, this was due to their servicing error. 

Furthermore, SPS states " SPS sent you the Assistance Review Missing Information Notices on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX indicating that a HUD-1 Settlement Statement was received however the document was rejected and additional action was needed. In the enclosed Notices, SPS provided the contact telephone number of ( XXXX ) XXXX to contact SPS for further clarification on what was required for the HUD-1A. ''  We would note, we did call SPS inquiring about the missing document due to its repeated requests and all SPS stated each time we called was to resubmit the HUD1 because it was showing as still missing. SPS never clarified it was missing {$10000.00} relocation fees " the required document '' in which SPS avoids mentioning in their response because they never informed us of this specific missing information during the process. SPS did not specify this verbally nor in writing. Again, the only time we ever heard of the missing relocation fees was when we spoke with Mr. XXXX XXXX on XX/XX/XXXX after SPS withdrew the offer. Mr. XXXX XXXX did not mention that the offer was withdrawn due to it being received on XX/XX/XXXX as mentioned in SPS response dated XX/XX/XXXX which reads : As indicated in the enclosed Short Sale Decision Notice sent to you on XX/XX/XXXX, SPS did not receive the required documents within the timeline specified. As such, SPS considered the offer withdrawn. Mr. XXXX XXXX stated it was due to relocation fees not reading {$10000.00} per their guidelines. Mr. XXXX XXXX stated this was the reason the short sale was closed. SPS did not attempt to call us during this process. Confirmed by Mr. XXXX XXXX on XX/XX/XXXX. 

This is something SPS continues to avoid and should accept as a servicing error in communication. Because the HUD1 was repeatedly submitted as requested and again caused confusion hence the 41-minute delay. This is a trick to get us at a moment when they could simply use the deadline verses accepting that they were repeatedly asking for the same document yet not disclosing the required details " relocation fees '' and being vague in order to trick us and later use the deadline against us. Even if we would have submitted it 42 minutes earlier it would have been the same document we had previously submitted many times prior because we were not made aware of the specific relocation fees. Then what would SPS have done next, continue to request the same information over again, not call us and not give us the required details when we call to get further clarification and just wait at a moment when we submit anything 41 minutes past the date given because they know they are not being clear on what they need on purpose? This is a complete travesty on their part. 

We request a rescission of the sale date XX/XX/XXXX and allow us to complete the short sale.

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