Consumer complaint received 2016-03-14
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I have a final trial date scheduled for XXXX/XXXX/XXXX. I am still trying to work out a loan resolution with my servicer. After several attempts to get information, I finally just looked up the required documentation on their website. I completed the forms and submitted everything that was required directly through their website. I called the next day to make sure they were recieved and was told they were. The servicer was showing that we had entered a consent judgement which we had not. They had initially refused to process any loan workouts due to the consent judgement. The gentleman I spoke with indicated that he had the consent judgment closed out and had a loan modifcation opened for our account. I was told to just show up for trial and tell the judge that we were working on a loan modification, that there was a miscommunication with the servicer and their attorney re the consent judgment but that we were working on the modification now. THIS is not how it works. A judge isnt going to listen to me. Their legal team needs to take care of that considering THEY are the ones bringing the complaint. I was asked to submit copies of my XXXX and XXXX tax returns within the next few days to the servicer for the loan modification which I did. I called back today to make sure the documents were received. They were. However, I was advised to call the banks attorney to have them cancel the trial date. Again, the servicer needs to call their OWN attorney. Their attorney is not going to listen to me. The servicer is the one directing the foreclosure, NOT ME. I decided against calling the servicers attorney since I myself have an attorney and would not be allowed to speak with servicers attorney anyway. I called SPS again this afternoon and was told that MY attorney needs to call theirs to have the trial date cancelled. I told her they needed to direct their own attorney. I told the agent that I was aware of a federal regulation indicating they were supposed to postpone this trial date if we had a loan modification in progress and offered to give her the information. The agent indicated that she was unaware of any such law and put me on hold to ask her supervisor. She came back and advised that neither of them had ever heard of that law and that I needed to have my attorney call theirs. She stated even if she transferred me to someone else at SPS, they would tell me " hands down that your attorney needs to contact our attorney. '' Again, I am insanely confused how my attorney is going to make them stop a trial date considering they are working for the servicer! In addition, she stated that they did NOT have a modification open on our account, even though I was told last week that they had opened the modification request ( and the agent had asked me to submit my tax returns ). Today, I was advised that they couldnt process a modification until they had all the paperwork. I advised that I had submitted docs last week and then the tax returns today, no one has asked me for any other documents. She did see all the docs but that they couldnt process the modification request until all the documents were received. I asked what documents were needed and she stated she couldnt tell me that, that the file had to be reviewed first. I am so confused. I am simply trying to work this out and the servicer is telling me many different things and refusing to work with me or postpone their trial date.

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