Consumer complaint received 2018-06-12
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX a Notice of Default was filed. I was still waiting for an outcome on my modification packet that was in review. I believe that Select Portfolio Servicing is in violation of Dual Tracking. 

I am currently in active bankruptcy, chapter XXXX, and have sent numerous attorney authorization letters to the lender so that SPS will communicate with me. I was forced to file bankruptcy due to this situation. 

There has been no written approval or denial of my request to assume the loan and get a modification from my most recent assumption and modification request submitted on XX/XX/XXXX. I just received a Notice of Default instead. 

I also have been sent mortgage statements with the balance owing {$670000.00} from XX/XX/XXXX and all previous statements. Whenever I called, Select Portfolio, I was never given my arrears that were due because they were not allowed to give me that information. I recently received my first mortgage statement dated XX/XX/XXXX that actually showed my alleged arrears and my principal balance. This is the first statement that I have received with what was alleged what I owed. I believe this also is in violation of Full Disclosure, RESPA. 

I have tried to get the loan assumed soon after XX/XX/XXXX, when my husband died. 
I believe SPS is in violation : Violations : SB-1150 Mortgages and Deeds of Trust : mortgage servicers : successors in interest The Homeowner Survivor Bill of Rights civil code 2920.7 '' also known as the widows and orphans act. 

For seven years I have sent in many requests and COMPLETE MODIFICATION PACKETS, so many, that I have lost count. I have not to date received any assumption or modification. 
First let me explain that I was a HUD Foreclosure Intervention Counselor for eight years, and I know what a COMPLETE modification packet consists of. 

My most recent timeline is as follows : XX/XX/XXXX Complete Loan modification submitted XX/XX/XXXX SPS letter to submit modification packet prior to XX/XX/XXXX XX/XX/XXXX SPS phone conversation with XXXX XXXX validating my option of keeping my home & modification request. 
XX/XX/XXXX SPS phone conversation with XXXX XXXX validating my option of keeping my home & modification request. 
XX/XX/XXXX SPS mortgage statement showing alleged principal balance only, no arrears disclosed. 
XX/XX/XXXX SPS letter refusing to give me information on my loan inquiry regarding what legal rules they are applying in consideration of my modification request. 
XX/XX/XXXX Loan Assumption and Complete Modification packet submitted XX/XX/XXXX SPS Acknowledgement of email receipt of my packets for assumption and modification. 
XX/XX/XXXX My email sent to SPS reiterating submitting my XX/XX/XXXX with updated documents to satisfy their 90 day rule. 
XX/XX/XXXX My email records of SPS acknowledgements of my email submissions. 
XX/XX/XXXX SPS phone conversation validating my option of keeping my home & modification request. 
XX/XX/XXXX SPS letter explaining that I would be receiving written documentation of my request including the NPV tests and property valuation report, and how to appeal a denial of a modification if applicable. 
XX/XX/XXXX SPS letter acknowledging receipt of my assumption and modification documents. 
XX/XX/XXXX SPS letter acknowledging receipt of my assumption and modification documents. 
XX/XX/XXXX SPS letter explaining that I would be receiving written documentation of my request including the NPV tests and property valuation report, and how to appeal a denial of a modification if applicable. 
XX/XX/XXXX SPS letter acknowledging receipt of my assumption and modification documents. 
XX/XX/XXXX SPS mortgage statement for the first time showing arrears. 
XX/XX/XXXX SPS letter wanting another complete modification packet. 
XX/XX/XXXX Notice of Default filed. 
XX/XX/XXXX SPS phone conversation with XXXX XXXX validating my option of keeping my home & modification request and that I would submit another packet immediately.

Company response to consumer: Closed with explanation