Consumer complaint received 2023-07-02
Company: Selene Holdings LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I initially, sought a loan modification during the housing crisis in early XXXX. In XX/XX/XXXX, a XXXX representative advised me to discontinue payments in order to qualify for XXXX of their programs. She advised me to stop payment on the checks I had already sent in that month. I carefully followed the directives to send specific documents on multiple occasions ( paystubs, tax returns, hardship letter, bank statements, etc. ) In early XX/XX/XXXX, I received an acknowledgement letter for XXXX stating that help would be available through one of their programs. A few days later, I came home and was shocked to find a foreclosure complaint that was given to my son. I contacted the firm XXXX XXXX XXXX XXXX XXXX XXXX ) as indicated on the one of the documents for further assistance. Again, I sent the requested documents to secure a loan modification. I later learned that this type of action is called dual tracking! Subsequently, the unsecured mortgage debt with XXXX XXXX  XXXX XXXX was XXXX in a XXXX  XXXX bankruptcy in XX/XX/XXXX. 
Since that time, I have continued to make property tax payments directly to the county and homeowners ' insurance payments to my individual provider ( s ). I have also been diligently attempting get an accurate accounting of the outstanding loan balance and interest rate in order to secure a modification. Since the debt was XXXX and the XXXX loan was identified in the national foreclosure review as being problematic due to the robosigned documents filed in the foreclosure case, I have tried, unsuccessfully, to work with servicers ( XXXX XXXX XXXX, XXXX, XXXX XXXX and now Selene ) to apply the correct measures required for servicing in this case. Namely, principal and/or interest rate reduction according to XXXX XXXX XXXX Nonperforming Loan guidelines ( XXXX ) and the XXXX guidance on monitoring discharged secured debts ( asset valuation and accruals, repayment potential, etc ). Each set of directives provides for a waterfall of options to help distressed homeowners in an effort to minimize the disastrous outcomes of avoidable foreclosures. In spite of the multiple complications, a foreclosure judgment was granted in favor of XXXX XXXX XXXX XX/XX/XXXX in the amount of over {$380000.00}. This amount included accrued interest and past due amounts based on a default date of XX/XX/XXXX. 
Between XX/XX/XXXX and today 's date, I have been unable to secure an affordable loan modification. 
In XX/XX/XXXX, I filed a XXXX  XXXX bankruptcy in order to streamline payments to creditors and remove the threat of foreclosure of my homestead. XXXX XXXX filed a proof of claim outlining a balance of over {$460000.00}. The case was abruptly dismissed in XX/XX/XXXX prior to plan confirmation - even though I had not missed any payments and provided all information requested by the Trustee. XXXX XXXX swiftly sent me a letter stating a loan default date of XX/XX/XXXX and reported to the credit bureaus that I had a past due balance of approximately {$290000.00}. 
In XX/XX/XXXX I refiled a XXXX XXXX bankruptcy to help streamline payments to creditors. My plan was confirmed in XX/XX/XXXX, which included adequate mortgage payments to XXXX. XXXX. I also applied for a loan modification which I thought was being processed through the court 's XXXX program ( I belatedly and surprisingly realized that it was not because no supporting documents were uploaded to the portal as required ). In XX/XX/XXXX, XXXX XXXX denied the modification request without an actual mediation taking place ( they prematurely cancelled it ). My attorney did not appeal the denial decision as I requested. At the end of XX/XX/XXXX, XXXX XXXX exited the bankruptcy case and XXXX XXXXSelene Finance became the new creditor/servicer effective XX/XX/XXXX. In XX/XX/XXXX, Selene submitted a payment change notification to the Trustee. It reflected an interest rate increase from 7.999 % to 8.999 % and also included an escrow amount totaling {$530.00}. I asked my attorney to advise Selene that the amounts were incorrect and provided my proof of escrow payments and also reminded him that XXXX notified me in XXXX that they modified the interest in XXXX to a fixed rate. A hearing was subsequently scheduled in XX/XX/XXXX. However, I was advised by my attorney that the attorney for Selene did not attend the hearing. There was a follow up hearing regarding plan modification and Trustee motion to dismiss. On XX/XX/XXXX, the motion to modify plan was denied and my case was dismissed ( without prejudice ) due to " no opposition ''. The dismissal order was issued on XX/XX/XXXX. I was unable to contact my attorney for several days. He later notified me that he was not present at the hearing - hence, no opposition to the motion. On XX/XX/XXXX, XXXX XXXXSelene submitted a motion to reschedule foreclosure sale. There was no hearing. An order was issued on XX/XX/XXXX, with a sale date of XX/XX/XXXX. In the interim, I received a letter from Selene dated XX/XX/XXXX. This letter outlined options for remaining in my home. I selected the temporary forbearance option, since I became unemployed. After speaking with a Selene representative on XX/XX/XXXX, I submitted a completed Selene application on XX/XX/XXXX, to the email address on their form/website. I immediately received an acknowledgement email response. 
On XX/XX/XXXX, after not receiving any further correspondence from Selene and with the fast-approaching sale date, I called Selene again and spoke with 2 representatives who provided 2 different feedbacks to the pending loss mitigation application. The first representative said it was being reviewed, the second representative said there was nothing on file ( it was blank? ). The second representative also confirmed that the sale date would not be cancelled because they had enough time to provide a decision for the pending loss mitigation, answer to the CFPB complaint and Notice of Error letter. On XX/XX/XXXX, after not receiving the requested information or forbearance decision, I again called Selene and spoke with a representative for approximately 40 minutes. She provided contradictory information and also advised me that the sale is still scheduled for XX/XX/XXXX. This representative confirmed Selene 's receipt of the loss mitigation documents from me on both XX/XX/XXXX and XX/XX/XXXX. I reminded her that federal law now prohibits this dual tracking course of action and the sale should be cancelled accordingly.

Company response to consumer: Closed with explanation