Consumer complaint received 2020-05-18
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/2020, I requested financial assistance from Select Portfolio Servicing, the interest rate increased to 7.650 % and could not afford the monthly payments. The company denied our request and provided a written notice detailing their decision. We appealed on XX/XX/2020, however the servicer denied the appeal also. The servicer 's response to the financial request are baseless and without any legal foundation. See copy of appeal where I responded to the servicer 's wrongful decision in detail. The servicer has engaged in Florida 's deceptive business practices. Our loan is a conventional loan, therefore all loan conventional loan modifications are underwritten under the XXXX XXXX and XXXX XXXX guidelines, regardless whether or not a XXXX XXXX loan, XXXX XXXX and XXXX XXXX dictate the industry programs unless you have an FHA loan. At this juncture, the only available options for conventional loan programs are the flex standard loan modification. The program targets loan amount higher than 80 % of the appraisal value in order to deferred some of the principal while extending the amortization to 40 year term and apply the current market rate. Based on our financial information and other factors explained in detail on the appeal we do qualify for a standard loan modification. The servicer 's reason for denial are completely baseless. See servicer response to our appeal dated XX/XX/2020. The servicer listed the exact income we provided which makes the debt to income ratio less then 40 % which is a qualifying factor. The denial dated XX/XX/2020, also reflects a misrepresentation. The contributors name is XXXX XXXX ( son ), we have no clue who is XXXX XXXX XXXX????. See proof of contributor for your review. 

Select Portfolio have engaged in illegal debt collection. Before the servicer scheduled a hearing for summary judgment, their legal counsel made the offer of cash for keys, we declined and shortly after a realtor claiming to be representing the bank, said we had to vacate the property. According to the realtor, the property had been sold by the bank and we had no choice than to vacate. In the state of Florida, a homeowners can not be evicted unless summary judgment has been granted in the banks favor and filed the proper eviction documents, none of this occur. 

The servicer claims to have legal standing to sue, however we disagree. According to plaintiff foreclosure complaint they have standing to sue by virtue on assignment of mortgage. See assignment herein. The assignment of mortgage makes no mention of the note, therefore the mortgage was transferred without the note which makes the instrument a void. The note reflects an endorsement by XXXX XXXX, the Florida division of corporation does not reflect she was ever employed by XXXX XXXX, nor the plaintiff offer any document proving she had authorization to have sign the endorsement. The servicer has attached fabricated documents to the complaint claiming standing to sue. 

This nation is facing an invisible enemy ( coronavirus ) that has caused many financial hardship thought our country. This is not the time for the servicing companies to play this kinds of games. We qualify for a loan modification under conventional products, its time for the servicer to do the right thing.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation