Consumer complaint received 2018-04-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: MS
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
My situation began with XXXX XXXX XXXX  in XX/XX/XXXXwhen I began a loan modification just before I left the country to work in the XXXX XXXX. Over the next three years XXXX XXXX XXXX kept delaying the process by constantly requesting more and more paperwork, different forms, saying the program had changed so they needed all new paper work. While at their instructions I did not make any payments until they gave me a modification offer. This process drug out for about 3 years until in XX/XX/XXXX when I was given an offer that I considered ludicrous. It was NO modification at all. So at that time opted for a short sale. By XX/XX/XXXX I had an agent who had a buyer for the short sale. XXXX XXXX XXXX  had paid my step son about {$2500.00} cash for keys because he was living in the house while I was overseas. I thought it was a done deal. I learned several months later that XXXX XXXX XXXX had cancelled the sale in XX/XX/XXXXthen foreclosed and sold the property at auction in the dark of night without any notification to myself or my agent. I later learned that it was sold to XXXX XXXX for {$110000.00} on XX/XX/XXXX. XXXX XXXX   is a partner/cousin of XXXX XXXX XXXX. Sounds like a pretty shady deal to me. I spoke to the foreclosure attorneys who are listed on the court document and they assured me that the foreclosure was completed. The foreclosure was done as a service to XXXX XXXX another XXXX XXXX XXXX   company who I understand has been under investigation. So again I thought the property was gone and since I was working overseas there was nothing I could do about it and just let it go.

I returned home to the US at the end of XX/XX/XXXXand was looking for a new place to live. Upon checking my credit I learned that the loan had not been removed at the time of the foreclosure but remained as a big negative mark on my credit file. I also found my house pictured on a real-estate site with the caption not for sale. Why was it shown on a real-estate site but not for sale? I contacted the agent listed and was told that they were given the listing by XXXX XXXX XXXX but the bank kept refusing all offers for the property. More research I came to find out that a company called SPS was now handling the loan. Come to find out that in XX/XX/XXXX at the same time XXXX XXXX XXXX was having XXXX XXXX  foreclose on the property they had also transferred servicing of the loan to SPS as a delinquent loan NOT a foreclosed loan. SPS knew NOTHING about the foreclosure. When XXXX XXXX XXXX foreclosed on the property they simply abandon it, washed their hands of the property turned it over the SPS, had NO oversite, and allowed damage and vandalism to occur. When I contacted SPS, I was asked if I wanted to begin a loan modification. They apparently had NO record that XXXX XXXX XXXX had put me through the process 5 years earlier. They were also unaware that I was not living in the house and had been overseas until XX/XX/XXXX. They told me that the property was indeed mine and I could be living in it. So after consulting a couple of law firms and the MS attorney general we moved back in in XX/XX/XXXX, and began again the modification process with SPS. Over the next couple of years I learned what a serious mess this has become. For the first couple years SPS refused to accept that the property had been foreclosed on and that issue needs to be corrected at the county level. The damage that the bank allowed needs to be repaired as well as my credit that has been ruined by the banks actions needs to be corrected.

They have me in a position of not being able to not having the ability to live safely and securely in my home and not being able to buy another home. This is the main saga of the hell that I have been subjected to over the past few years. There are more details that I will fill you in on. The primary companies involved are ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Select Portfolio Servicing After going back of forth for 4 years with the bank, SPS, XXXX XXXX, I was told last year that they were going to resend the foreclosure because it was done illegally in XX/XX/XXXX, and the property would be put back in my name. They wanted me to sign off on the plan, whatever that means. Then in XX/XX/XXXX I was contacted again via my attorney, and told that the original foreclosure was now legal. Now they are offering me cash for keys again and want to evict me. The story is more complex than I was able to explain here. About 2 year ago they offered me a deal for a set price /rate. I was unable to accept at the time because of the ownership issue still being up in the air.

Company response to consumer: Closed with explanation