Consumer complaint received 2015-11-21
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
SPS Loan # XXXX XXXX XXXX XXXX, XXXX CA XXXXPlease also refer to CFPB complaint Filed XXXX/XXXX/2015 - Case # XXXX - docs attached. 

Short Sale was faxed to SPS on XXXX/XXXX/2015. 
On XXXX/XXXX/2015 we had to file a CFPB because SPS never offered the homeowner any alternatives to foreclosure, and was refusing to entertain the possibility of a short sale - which is a violation of the California 's Home Owners Bill of Rights. 

They have since postponed the foreclosure and claim to be working on the short sale. SPS obviously uses the term 'working ' lightly .... 

XX/XX/XXXX We received a counter offer from SPS. 
XX/XX/XXXX We submitted the buyers response to SPS. 
XX/XX/XXXX SPS requested a line item on the HUD to be removed. 
XX/XX/XXXX ( SAME DAY ) We submitted the HUD with the requested correction. 
XX/XX/XXXX SPS said the HUD was received and uploaded to their system on XX/XX/XXXX. 
XX/XX/XXXX Today we spoke with XXXX XXXX at SPS. XXXX claims that they have 30 days from the time the last document was received to get an answer. XXXX says it will take that long to get a response on our counter as it has to go through " full short sale review ''. We told her it does not, by the time they issue us a counter offer they have already preformed the borrower eligibility review and the value review on the property and they know what they want to net. We told her they are outside of federally mandated timeframe and will be happy to file a CFPB complaint to get them fined and request it to move along at a more reasonable pace. She THEN claimed that they take five business days to review any document. We told her that today it has been five days, as according to SPS in the phone call on XX/XX/XXXX, the document was uploaded on XX/XX/XXXX She THEN claimed it was not uploaded until XX/XX/XXXX. 

It is obvious SPS fully intends to drag this out for 30 days. SPS has continually lied on this file and to the homeowner - This is also likely a violation of the Fair Debt Collection Act. This reinforces our comments on our original complaint - Case # XXXX. We find it disingenuous that the ombudsman would make the claims they made on the previous complaint, in light of these continued lies. 

It is also quite obvious that SPS has become an illegal foreclosure mill and has trained their staff in the art of lies and deceit. ****I find odd that when cornered, the employees of SPS change the date in which docs were received and uploaded into their system. **** I also find it odd that they can restart the short sale process whenever they request a change to any document or receive any new document -even if it is only a simple spelling change to an Estimated HUD . 

Is this being done to defraud their servicer? The community? The borrower? Or all of the above? 

After viewing the CFPB 's own website and the internet, it is obvious that this is happening to others thousands of times per month. Should n't the CFPB step in and stop this as per their mandate?

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