Consumer complaint received 2021-12-08
Company: SELECT PORTFOLIO SERVICING, INC.
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I have tried for several months now to become the successor in interest for a mortgage in my deceased husbands name. In XXXX, XXXX, my husband and I purchased our home together with both of our names on the property deed. The property address is XXXX XXXX XXXX XXXX, XXXX, Virginia. However, my name was not listed as a co borrower for the mortgage -- just my husbands name. 

After the unexpected death of my husband in XX/XX/XXXX I have been trying to become a successor in interest to take over the existing mortgage to keep living in the same house raising my minor kids in stable and familiar environment. The mortgage company is failing to treat me as the borrower on this mortgage, despite its obligation under federal law to do so. 

The mortgage company provided me a list of documents required, and I have submitted those, often multiple times. Rather than telling me what document is missing, the company sends me notices, such as Please contact us at XXXX regarding the document that was received, so we can provide you clarification on what is needed. 

In fact, when I call them, they give me inconsistent explanations for deficiencies, and then proceed to try to strong-arm me into refinancing the mortgage rather than exerting my rights to become a successor in interest. This is coercive, and deprives me of my rights under federal law. 

At the request of my mortgage company, which is Select Portfolio Services, I have been submitting multiple documents they requested. For many months I have collected everything they needed with email confirmation and representatives assuring me that no additional paperwork is needed and it is being sent to be reviewed. It has become a routine practice to receive a phone call a week later after I submit additional documents from SPS XXXX to notify me that paperwork they have is insufficient. And it has been going on since XXXX. 

Every time when I talk to another representative, I ask them to list all the documents they need from me to complete the process. Their answer is always varies with different representatives. 
I have sent multiple times my bank statements, pay stubs, electric bills, proof of occupancy, hardship letter, heirs form, warranty deed, property deed, XXXX, DL. 

Last call I made I believe was XX/XX/XXXX, I was told that they could not locate some of the documents I had sent. And this has happened repeatedly over the past several months. As proof, when I send something to SPS, I always receive an acknowledgment of received emails from SPS. When SPS told me that I didn't sent something, I have an email telling otherwise, proving that I did. I'd give them date to find the email from me. 

These are the dates I sent the paperwork to SPS : XX/XX/XXXX includes our marriage certificate, deed of trust, death certificate for my husband. 
XX/XX/XXXX hardship letter, my drivers license, bank statements, HOA, proof of occupancy, my XXXX. 
XX/XX/XXXX assumption request form, successor in interest credit check authorization. 
XX/XX/XXXX I sent them another bank statement, I was told they couldn't find it, List of Heirs XX/XX/XXXX I sent them again proof of occupancy electric bill which they again said they don't have it or couldn't find. 
XX/XX/XXXX warranty deed and circuit court cover sheet with both mine and my husbands names on it. 
XX/XX/XXXX I sent again List of heirs and XXXX bank statements, it was missing again XX/XX/XXXX I sent via fax again list of heirs, because they claimed it was lost or not received. 

At the request of SPS, I went to probate court and got a list of heirs and the warranty deed for the property where both of our names are listed. The clerk at Probate Court told me since both our names are on the deed there are no additional documents available to send to SPS. 

On XX/XX/XXXX a representative from SPS called me with yet another issue. The representative stated that apparently the warranty deed was dated one day before the originated date of the mortgage. The warranty deed was dated XX/XX/XXXX and mortgage was originated XX/XX/XXXX. Again, I went to probate court and explained the situation. I was told that the date in this case makes no difference and they can't change anything, because there were no mistakes made, unlike what SPS tried to convince me. After so many wild goose chases, it is hard not to conclude that SPS has no intention of letting me complete the successor in interest process. 

Also per the probate clerk, according to the warranty deed XXXX grantors do hereby grant, bargain, sell and convey with General Warranty into Grantees, as tenants by the entirety with common law right of SURVIVORSHIP, all the following-described lot or parcel of land together with improvements thereon, situate, lying and being in XXXX XXXX of XXXX, XXXX XXXX Virginia XXXX '' As of today, almost 7 month later I don't know what else to do. SPS requesting papers even the Probate Court tells me do not exist. 

Now I feel like I'm being played around. As I mentioned above, during most of my phone conversations with SPS representatives, they have pushed me towards refinancing the mortgage rather than allowing me to become the successor in interest. 

I have the right under federal statutes and CFPB rules to become a successor in interest in the mortgage on my house. SPS is depriving me of my right to assume the mortgage. 

( As an FYI, during our marriage, I used my husbands last name, so went by the name XXXX XXXX. However, when I received my XXXX Citizenship, I reverted to my maiden name which is XXXX XXXX. ) I'm enclosing some of my documents.

Company response to consumer: Closed with explanation