Consumer complaint received 2015-11-16
Company: SELECT PORTFOLIO SERVICING, INC.
State: DC
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I am presently going through a judicial foreclosure in XXXX. I am not trying to keep the property but have told the Court I would like to sell. There is equity in the property. I am challenging the amount the Servicer is claiming I owe. The Court ordered discovery from both the Plaintiff and Defendant which included payment history. I complied with the payment history I could gather. This history is from XXXX to present. However, the Servicer 's initial history only went from part of XXXX until XXXX. After many requests they finally submitted the payment history 2 days before mediation. When the Servicer 's history was examined gross mistakes were discovered. XXXX of the most egregious is that a foreclosure was instituted when all payments were up to date ( this was done in XXXX ). Since I was not aware of this I agreed to a repayment schedule. After signing the repayment agreement which involved arrears, attorney 's fees, and other fees, I examine the document and found that after six months there was to be a balloon payment of {$14000.00} plus. I contacted the Servicer and asked for a modification because I knew I would not be able to afford the balloon payment. The Servicer then offered me a modification which entailed adding the {$14000.00} plus to my principal. ( This modification was interest only ). I did not fill out any application. I simply received a telephone call from an agent of the Servicer and asked if I wanted a modification I answered yes. He then said he would send me the paperwork. As I remember the modification was XXXX pages long. It is only now after examining the paperwork that was submitted by myself and the Servicer that I discovered this information. 
The Servicer has been asked many times for a detail accounting of all payments, fees and escrow items paid. They have not been forthcoming. Even their own attorney claims that he has tried to get them. So my complaint entails the following : ( 1 ) illegal notice of foreclosure ; ( 2 ) late posting and in some instances no posting of payments ; ( 3 ) illegal adding money to my principal ; ( 4 ) Under reporting of interest payments to IRS and thus depriving me of addition mortgage interest deductions ; ( 5 ) and I am questioning the standing of the assigned Trustee to bring this suit. The Trustee says and I ( quote ) Please note the Trust is the owner of the mortgage and note, not the Trustee. The Servicer is the party to the trust that has the authority and responsibility to make decisions and take action regarding individual mortgage loans in the Trust. The trustee has no authority or responsibility to review and or approve or disapprove of these decisions and actions. It is the Servicer who has taken all action regarding this property and is the proper party to address your concerns. ( unquote ) This is in a letter I received from US Bank who is cited as the Plaintiff in my judicial foreclosure. 
I would appreciate you looking into the matter.

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