Consumer complaint received 2017-10-16
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XXXX XXXX, XXXX, we signed a sales agreement with our XXXX, XXXX XXXX, to begin the short sale process on our home. We sent these documents, along with a hardship letter explaining the circumstances surrounding our need to move ( crazy neighbor who we had to get a restraining order against after he entered our property with a chain saw and cut down our trees ), copies of police reports filed against said neighbor, copies of authorization for XXXX to act as our agent, copies of the sales contract with our buyer and other documents that they requested. 

On XXXX XXXX, XXXX, we received a letter from XXXX stating they were in procession of the sales agreement and requested a signed authorization form from us ( it was already sent with the original sales agreement papers as well ). I faxed and emailed the authorization for to them on that same date. At this time, I also faxed and emailed the copies of the restraining order and two police reports we had against our neighbor who used a chain saw on our property to cut trees down. This neighbor is the main reason we feel unsafe here and need to move. 

On XXXX XXXX, XXXX, after not hearing anything since XXXX XXXX, I called to get an update on the short sale process. I was told they needed an authorization form signed ( this is the same form they already received twice-see above ). I resent the form via email, uploaded it into our account into via computer and faxed it to their office that afternoon. I again reminded them of our neighbor and his chain saw antics and reminded them that it was not safe for us to remain in the house much longer. 

On XXXX XXXX, XXXX, after receiving a BPO in the mail for {$290000.00}, I called XXXX and spoke with a XXXX, XXXX XXXX who stated they were requesting a counter offer from our buyer. The BPO we received showed homes that are in move in condition, not even close to the condition of our home. I asked why they accepted it and they could not give me an answer. They also wanted changes to the HUD, such as the HUD fee removed and wanted ANOTHER authorization for XXXX XXXX, our realtor, to be able to access information on our account. Please note this is the fourth authorization form they have requested for XXXX. I again reminded them of our neighbor and his chain saw antics and reminded them that it was not safe for us to remain in the house much longer. 

On XXXX XXXX, I called the Ombudsman office, since I was not getting any assistance from their regular customer service line. XXXX, XXXX was unable to give me an answer when I asked why they were requiring a bid closer to $ XXXX when our payoff was $ XXXX. She told me to call back on Monday, XXXX XXXX for an answer. I again reminded them of our neighbor and his chain saw antics and reminded them that it was not safe for us to remain in the house much longer. 

XXXX XXXX, XXXX, I called back to get an answer regarding Friday XXXX XXXX phone call. I was told the $ XXXX offer we had was denied and they wanted it in the ballpark of $ XXXX but they still could not give me a reason why they wanted more than our payoff balance. I also questioned why an interior BPO was never completed. She stated she would request an interior BPO be done. Note the date on this request versus the date we started this procedure on XXXX XXXX, XXXX. I again reminded them of our neighbor and his chain saw antics and reminded them that it was not safe for us to remain in the house much longer. 

XXXX XXXX, XXXX, we received a copy of the interior BPO for $ XXXX. This BPO has numerous discrepancies and errors listed. It lists the home as a 4 bedroom, when in reality it is a three bedroom. At one time, it was four bedrooms, but we removed a wall and enlarged the dining room approximately twenty years ago. This BPO also does not show any of the damage to the home, including the fact that it needs a new roof, new paint, dry rot damage, ceiling repairs, flooring, etc. It was compared to homes that are move in ready. On this same date, our realtor, XXXX XXXX, sent XXXX an email listing all the discrepancies/errors, and neither of us have heard back from XXXX regarding this erroneous BPO. 

On XXXX XXXX, I received letter from XXXX regarding a repayment plan and called to advise them once again that we do not want a repayment plan and had requested a short sale. During this phone call, they kept stating they needed missing documents such as pay stubs, XXXX tax returns, hardship letter, and other documents that do not pertain to the short sale. I again asked about the fact that the XXXX was XXXX and our payoff was XXXX and they still could not give me a straight answer. She requested copies of the authorization form, updated listing agreement, short sale addendum and short sale acceptance form. All these copies were faxed, uploaded to XXXX website and certified mailed to their office. I again reminded them of our neighbor and his chain saw antics and reminded them that it was not safe for us to remain in the house much longer. 

On XXXX XXXX, XXXX, I called XXXX to inquire on the short sale and spoke with XXXX in the XXXX XXXX. I advised her I was calling for an update on our short sale to see what the status was on the rebuttal our realtor sent to XXXX regarding the false BPO. She could not give me an answer and stated she would expedite the request to the underwriters to see what the status was. She advised me to call back on the following Monday, XXXX XXXX, XXXX in order to give them a few days to review our account and prepare a response. 

On XXXX XXXX, XXXX, I called the XXXX XXXX and spoke with XXXX XXXX who stated she did not see anything new in our account and would have XXXX XXXX from Wednesday, XXXX XXXX ) check on the expedite request and call me back. I again reminded them of the neighbor and his chain saw issues and that it was not safe for us to remain in the house much longer. 

As of today, XXXX XXXX, XXXX, I have not heard back from anyone regarding the expedite request, the erroneous BPO, the status of the short sale, or any other correspondence from XXXX. 

This has been going on since XXXX XXXX, XXXX, which is seven months. We have done everything asked of us, often more than once ( including sending the authorization form six times for our realtor to discuss our account with them ). I feel that XXXX is prolonging the short sale so they can foreclose on our home. Their actions have been unethical and non-compliant with federal short sale law. Their negligence in looking into the erroneous BPO that was brought to their attention in XXXX without responding to myself or my realtor proves that they arent interested in completing this in a timely manner. 

I am requesting the Consumer Financial Protection Bureau investigate this matter and respond within a timely manner.

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