Consumer complaint received 2015-03-19
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I was approved for a trial modification with Select Portfolio Servicing under the Tier XXXX modification program and was told this would be based off a 2 % rate for first 5 years and it would step up to the XXXX XXXX rate after that. When I received the final modification documentation I was offered a 5 % interest rate instead with a large balloon payment as a deferred balance. In the most recent verion of the XXXX handbook under XXXX XXXX it clearly states that in order to acheive the 31 % of the monthly gross income as a monthly payment, the lender is to first reduce the interest rate down to 2 %. 

" XXXX Step XXXX -- Interest Rate Reduction In the second step, the servicer reduces the starting interest rate in increments of XXXX percent to get as close as possible to the target monthly mortgage payment ratio. The interest rate floor is XXXX percent. If a borrower has an ARM or interest-only mortgage, the existing interest rate will convert to a fixed interest rate, fully amortizing loan. 
If the loan is a fixed rate mortgage or an adjustable-rate mortgage, the starting interest rate is the current interest rate. If the loan is a Reset ARM, the starting interest rate is the Reset Interest Rate if it is within 120 days of reset. 
If the current mortgage rate ( or the ARM reset rate, if applicable ) is not at a XXXX percentage point increment, servicers should not round the interest rate first. Begin with the un-rounded rate and reduce it in XXXX percentage-point increments until the target monthly mortgage payment ratio is achieved. Upon reaching the point where a further XXXX percentage-point increment will reduce the rate below XXXX percent, set the rate to exactly XXXX percent with no term extension and determine if the target monthly mortgage payment ratio is achieved. If it is not, move to the next step of the waterfall ( term extension ). The interest rate must be fully reduced to XXXX percent prior to any term extension. 
For example, test for the target monthly mortgage payment ratio at XXXX percent ; if it is not achieved, reduce the rate to XXXX percent and test again ; if it is not achieved, reduce the rate to XXXX percent and test again ; if it is not achieved, fix the rate at XXXX percent and move to the term extension step of the waterfall. 
If the resulting rate is below the Interest Rate Cap ( as defined in XXXX XXXX ), this reduced rate will be in effect for the first five years. This is followed by annual increases of XXXX percent per year ( or such lesser amount as may be needed ) until the interest rate reaches the Interest Rate Cap, at which time the rate will be fixed for the remaining loan term. 
If the resulting rate exceeds the Interest Rate Cap, then that rate is the permanent rate. '' It is clearly defined that the rate is to be reduced down to 2 % before moving on to any type of deferral of principal or any other steps in the waterfall process. PLEASE HELP!!!

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