Consumer complaint received 2015-06-27
Company: SELECT PORTFOLIO SERVICING, INC.
State: MD
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Synopsis: 
Select Portfolio Services (SPS) attorneys, a 3rd party Mortgage Servicer acting on behalf of my mortgager,  XXXX who purchased the loan from my original mortgager, XXXX foreclosed on my home on XX/XX/XXXX without legal notice or timely contact while I thought I was in the midst of a short-sale agreement. 

Current status: 
As of XX/XX/XXXX the home is vacant and unsold. It is under the control and possession of SPS's foreclosure attorney, XXXX XXXX has stripped me of my rights to the property or any ability to perform an orderly short sale.

Overview:  
On XX/XX/XXXX I notified SPS that due to ongoing financial distress and the unsafe structural state of the home, for which I had no funds to repair, for the safety of my family I would need to vacate and short sale the property. 

I was behind on the mortgage due to a loss of employment and care and XXXX medical expenses XXXX. Financial programs were nonviable, however I specifically expressed to SPS I was not interested in a deed-in-lieu or cash for keys programs.

SPS's agents told to me that no foreclosure sale date was established and the property was in pre-foreclosure status, but they would notify me (or my agent) of any change.

It was at this time I gave SPS the name, phone number, and contact information of my Real Estate agent along with 3rd party consent for 1-year. Initial contact information from the original XXXX loan documents were available to SPS who also had my current phone number, prior phone number (still working), an email address, and my new mailing address. I willingly provided all information in good faith. SPS was sent some initial documentation as I waited for next steps and guidance from their relationship counselor. 

Discovery of Sale: 
3 months passed and in XX/XX/XXXX I placed a call SPS for follow-up. It was at this time SPS's agent told me on XX/XX/XXXX XXXX had foreclosed on the home. I was shocked and incensed. At no time did I receive a notice or document from XXXX SPS, XXXX that the home had a foreclosure date. Moreover, I had just spoken with SPS on the XX/XX/XXXX and they said no date was established. 

SPS claimed they overnighted documents informing me of the impending sales date. A check of their system during the call verified they were returned as undelievable. SPS sent the courier to the vacant property address, not my mailing address. No further attempt was made to check their records, contact XXXX or contact my agent. 

SPS claims that their system did not have my mailing address or any short sale documents, but that claim does not stand up as SPS and XXXX had sent prior correspondence to my mailing address. Moreover, there were XXXX loans on the property. XXXX were underwritten and held by XXXX. In XX/XX/XXXX XXXX released the lien on the XXXX mortgage and sent notice of such to my correct mailing address (See attached) validating the fact that they had correct address information. 

When faced with this fact SPS's response was, "Well, we tried to call you." When I asked for which relationship manager or attorney  tried to contact me, they deflected and said they did not have that information. In searching my phone records from XX/XX/XXXX - XX/XX/XXXX their attempt was an autodialer system which made a limited number of calls but hung up and left no message informing me to call them back or that there was a foreclosure date was set. Their law firm also made no attempt to contact me.  Certainly this is not an acceptable means of notification in a transaction of this type especially when all parties had several means to make contact including but not limited to, my email address, my agent's information, a live call, and my proper mailing address

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