Consumer complaint received 2020-04-23
Company: SELECT PORTFOLIO SERVICING, INC.
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This letter is to support our CURRENT XX/XX/XXXX application for a loan XXXX modification plan that will help us to get our mortgage payments back on track with an affordable mortgage. We have lived in our home for over 17 years, and we want to work hard and keep it. 

We fell behind on our mortgage payments due to loss of employment because of a merger acquisition. We had a tough time dealing with our debts due to unexpected job loss. As of XX/XX/XXXX, my employer terminated my employment due to merger acquisition. My previous company was bought out, and my services were deemed unnecessary. 
The Spouse is employed and the wife is a XXXXr. The mortgage company requested her income tax after she consented to IRS pulling her employment tax data of XXXX income. The mortgage has insisted that I have an income and I do not. 

Subsequently, We began the process of Retention Mortgage Assistance modification in XX/XX/XXXX by spouse Select Portfolio Servicing denied that request in XX/XX/XXXX. We continued to communicate with SPS in XX/XX/XXXX, the spouse was told he did not qualify for XXXX programs, and he could agree to a repayment plan of {$4500.00} a month with a job loss. 

That repayment plan would be for six months and would require an additional XXXX per month for an approx total of XXXX per month until the outstanding amount repaid. the spouse denied this plan as I was unable to pay due to recent job loss. Being unemployed, I was forced to use all of my savings and 401k to keep up payments current. SPS did not offer a loan modification nor a reduced payment option. 

As of XX/XX/XXXX, I began to fall behind after using all personal funds to pay the current mortgage. Being denied XXXX mortgage modification in XXXX negatively impacted my household We requested another XXXX XX/XX/XXXX. We have submitted pay stubs, detailed letters of the hardship forbearance, YTD, Profit Loss Statements, contracts, and signed documents of job loss, income tax. The wife has no income and no XXXX income tax ), and a XXXX FORM COMPLETED XX/XX/XXXX, SPS requested a {$10.00} clarification of The HOA dues are {$100.00} a month. The HOA dues are current and PAID in full. The current XXXX has been in process since XX/XX/XXXX, before the account was referred to an attorney XXXX XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX NC. When I questioned the {$1500.00} fee it was reduced to {$400.00} fee and attorney line detail added on XX/XX/XXXX. 

We have received confusing information from each representative about the XXXX process and one thing is consistent our home is in Foreclosure. We have submitted information and called since my husband lost his job and received no assistance on how to resolve the problem. We are requesting SPS to work with us to keep our home. 

On XX/XX/XXXX, SPS sent a city inspector to my home at the request of the law firm to begin the FORECLOSURE process during the CORONA VIRUS. We are confused about how our XXXX is being processed unbiased as it has been giving to an attorney with a {$1500.00} legal fee to begin the foreclosure process during the XXXX. 

XXXX ext XXXX stated that an attorney is handling all communication. XXXX was abrupt during the conversation and said I could call back as I discussed my home circumstance. The discussion was unilateral and biased. During the conversation with XXXX, My interpretation is that SPS has decided NOT to provide any valuable retention assistance for my home. SPS is stalling the XXXX submission as the attorney requests inspections and moves forward with a FORECLOSE during the pandemic. I would not want this to be the perception that SPS is trying to push my family in FORECLOSURE. 

I am requesting the outstanding amount be placed in the back of the loan as my income has increased. My goal is to avoid filing Bankruptcy and repayment the balance. We would like a forbearance as we work to get our finances back on track in XX/XX/XXXX. We are making an effort during the recent tornadoes and COVID 19 pandemic. T XX/XX/XXXX, SPS Select representative stated the spouse was missing W2 paystubs. the spouse is a XXXX non-employee wage earner and has submitted documents consistent with his independent contractor. Please see documents submitted on XX/XX/XXXX, the spouse has submitted non-employee ie Bank account deposits, income tax, XXXX Pay stubs, wages, and XXXX. the spouse is an independent XXXX. and has provided all required documentation by federal and state law. 

During my conversation on XXXX XXXX SPS per conversation via telephone cust service, SPS Mortgage requested Profit Loss Statements. Today a Foreclosure Letter was mailed to my address during the modification application. The application states that all foreclosure processes will discontinue however I have continued to receive letters of the foreclosure sale date. The Foreclosure sale date. I asked the customer service representative how the XXXX was being processed unbiased and I received a foreclosure sale date. The required documents have been submitted as required by SPS. It is unfortunate that SPS Select has made this egregious decision to proceed with foreclosure as my husband and I was trying to work out repayment terms. Avoid a breach contract claim. I am filing this with the State Attorney General office, HUD and Dept of Justice. 

This unethical and egregious behavior could have been eliminated by SPS during these unprecedented times. My husband is an essential medical provider during COVID 19. We have not received an answer to the modification request or ALL required document to be submitted required by law. 

I will not allow an SPS fraudulent company to sell my house like they have done other consumers. The lawsuits speak volumes about predatory lending practices. https : //casetext.com/case/miller-v-select-portfolio-servicing-inc SPS has not given me an answer to my XXXX modification and keeps asking me to submit more documents and not providing proper communication.

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