Consumer complaint received 2019-07-25
Company: SELECT PORTFOLIO SERVICING, INC.
State: TX
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX, We purchased our homestead, {$200000.00} U.S. dollars, the current holder of said promissory note is XXXX XXXX XXXX, successor Trustee to XXXX XXXX, We continuously reaching them by sending more documents for Loan Modification as letter evidences enclosed XXXX have allegedly been attempting to modify our loan, while seemingly trying to process, they kept on rejecting our loan Modification. It is our assertion that XXXX were not dealing with us in good faith. XXXX XXXX XXXX, successor Trustee to XXXX XXXX, continuously threatening to evict us with fear through their agents, without consummating still our XXXXAMP Tier 2 Modification. Their agent broke into our house by force. Simultaneously XXXX XXXX XXXX, successor Trustee to XXXX XXXX, were allegedly working with our homeowner on mortgage modification ( called dual tracking ) to allow to avail the Federal HAMP Tier 2 Affordable Loan Modification, but XXXX XXXX XXXX, successor Trustee to XXXX XXXX, With the first Loan Modification was illegally processed and it was not under the Federal Home Affordable Modification Guidelines so we reach them again for HAMP Tier 2 to follow Federal Home Modification. With the fear of losing our home we continued paying monthly while requesting for revision of their Homeowners Assistance Program Evaluation based on the sound Loan Modification Agreement should be FIXED RATE NOTE and not Adjustable Baloon rate, where the rate is fixed in 30 year loan ; the only changed in our payment would result from changes in our taxes and insurances. On the first Loan Modification was a BALOON NOTICE of {$180.00}, XXXX after XX/XX/XXXX. 

As we requested a loan modification, in response, XXXX XXXX XXXX, successor Trustee to XXXX XXXX, sent notice to the Internal Revenue Service. Enclosed evidence of a true and correct copy of the cancellation of debt. However, XXXX XXXX XXXX, successor Trustee to XXXX XXXX, increased our alleged amount we owed from {$200000.00} from XX/XX/XXXX increased to {$360000.00} of XXXX instead cancelling {$80000.00} as they allegedly claimed IRS form 1099-C and as seen to our Mortgage Statements from XXXX up to XXXX ( Evidence attached herein ). 

XXXX XXXX XXXX, successor Trustee to XXXX XXXX, have committed fraud and an act of conversion in the following manner that they did this on purpose and had no desire to process our HAMP Tier 2 Modification. XXXX XXXX XXXX, successor Trustee to XXXX XXXX, wanted to acquire our property and had no intent in mind to allow us to avail the said HAMP Tier 2 modification. We expended a lot of time and money since we have resided and has had ownership of our homestead for many years. We invested our entire life savings in our home and as such a great wrong was done to us by XXXX XXXX XXXX, successor Trustee to XXXX XXXX,. They have committed as act of fraud and an act conversion in that they took our 12 years of mortgage payments and never intending to help us through HAMP Tier 2 and XXXX XXXX XXXX, successor Trustee to XXXX XXXX, never honor our contract made by them to us and refused to work with our HAMP Tier 2 request. 

Due to wrong doing and fraud by XXXX XXXX XXXX, successor Trustee to XXXX XXXX, in our mortgage has not been resolved till at this moment.

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