Consumer complaint received 2018-08-15
Company: SELECT PORTFOLIO SERVICING, INC.
State: MA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Foreclosure Due to Denial Loan Modification Requests Trustee : : XXXX XXXX, XXXX   Trustee for XXXX XXXX XXXX XXXX Loan # : : XXXX Current Securitized Mortgage Servicer : : SPS Select Portfolio - Loan # XXXX Our current mortgage servicer is ( SPS ) Select Portfolio Servicing, as of XX/XX/XXXX as a result of a transfer by our former servicer, XXXX XXXX XXXX. ( Please note : We have had 6 mortgage servicers dating back to XXXX ) on our Non-Agency Securitized Mortgage since originated in XXXX with XXXX XXXX XXXX XXXX Since XXXX, we have been " denied '' participation in all Mortgage Modification Programs on 54 occasions even though our circumstances and financial status deem us eligible. 52 of the denial letters have indicated the reason for denial by all past and present servicers in loan modification denials signed by XXXX XXXX, XXXX XXXX indicating " the loan investor/ Loan owner ( XXXX XXXX Mortgage Pass through Certificate investors and trustees ( XXXX XXXX XXXX ) does not authorize/permit loan modifications '' In our most recent attempt to apply for any/all available loan modifications through SPS have also not been successful and we have been " verbally '' told that it is due to language in the Pooling & Servicing Agreement ( dated XX/XX/XXXX ) restricting modifications, the PSA is a document that was filed with SEC almost 14 years ago and has never been updated. ( Note : : XXXX XXXX Trust last filed documents with the SEC in XXXX ). SPS indicated in XXXX of XXXX that they saw no language in the PSA prohibiting loan modifications on our mortgage, and have repeatedly encouraged us to apply for Mortgage Assistance to save our home of which we complied with completed application submissions on 13 occasions with SPS our current Loan Servicer. We have had 6 Mortgage Servicers to date and have applied for Mortgage Assistance 56 dating back to XXXX at the continuous encouragement by all Mortgage Servicers. Despite our pleadings for assistance, none of our Servicers to date have complied with our request to contact the investor/loan owner on our behalf for an exception or waiver permitting a 1 x loan modification. 
We have also made over 47 attempts to XXXX XXXX, XXXX directly for assistance with this matter as they are referred to as the Trustee & Master Servicer of our mortgage which we now understand was a faulty securitization scheme in XXXX.They have indicated that they do not have contact information on the actual investors/loan owner, yet XXXX XXXX XXXX XXXX as trustee and " Master Servicer '' per the XX/XX/XXXX Pooling & Servicing Agreement ( attached (. XXXX XXXX, XXXX XXXX, has indicated that they have no jurisdiction as the trustee to assist us with information that would assist us with our Loan Modification requests. 
Additionally, there have been a number of Falsified Mortgage assignments on our mortgage by XXXX XXXX, XXXX. Additionally as stated above, please provide response to SPSs outreach attempts to the unidentified investors on ourbehalf requesting a waiver permitting SPS to modify our loan. We have requested on multiple upon muiltiple occassions for confirmation with supporting documentation including dates of outreach as well as a detailed outcome containing investor response, and to also include outcome of follow up by SPS to the Trustee and Master Servicer XXXX XXXX, XXXX in response to our requests for a waiver permitting SPS to modify our mortgage.Also as requested on multiple occassions, please provide investor contact information as well as XXXX XXXXXXXX XXXX XXXX & Master Servicer contact information ( including names of individuals at XXXX XXXX ) who responded to SPSs request on our behalf for a waiver to modify our loan, including the dates on which SPS made these requests. Addfitionally please provide us with a copy of the supporting PSA Language that indicagtes that the servicer is not allowed to modify our mortgage including any language referring to a Waterfall Modification Approach that the servicer is at liberty to use to modify our mortgage. I understand that the PSA language form XXXX referrs to XXXX XXXX XXXX as the servicer. I would expect to see a present day PSA that references SPS as the present day servicer. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX XXXX

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