Consumer complaint received 2015-08-03
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
1. On XX/XX/XXXX the XXXX County Court entered a Final Judgment of foreclosure setting a sale date for XX/XX/XXXX. 
2. On or about XXXX XXXX, XXXX I applied for a Loan Modification to the servicer Select Portfolio Servicing ( SPS ). 
3. On XXXX XXXX, XXXX, because of my application SPS filed a motion to cancel sale. 
4. On XXXX XXXX, XXXX at a hearing, the Court entered an order cancelling the foreclosure sale on XXXX XXXX, XXXX. 
5. I kept been sending requested information to SPS. On XXXX different occasions I received letters stating the SPS had received a complete Assistance Review Applications. But, I never received information as to the outcome of their evaluation in violation of Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( ii ), even though they stated in their communications that I would get an answer in 30 days. 
6. On XXXX XXXX, XXXX the servicer SPS filed a motion to schedule a foreclosure sale, thus starting " Dual Tracking '' in violation of federal law Regulation X, 12 C.F.R. 1024.41 ( g ), since they had not responded to my modification application. 
7. The foreclosure sale date was set for XXXX XXXX, XXXX. 
8. On XXXX XXXX, XXXX because my modification was still been processed SPS filed a motion to cancel the sale on XXXX XXXX, XXXX. 
9. On XXXX XXXX, XXXX at a hearing, the Court entered an order cancelling the sale. 
10. The foreclosure sale was rescheduled for XXXX XXXX, XXXX. 
11. On XXXX XXXX, XXXX because my modification was still been processed SPS filed a motion to cancel sale on XXXX XXXX, XXXX. 
12. On XXXX XXXX, XXXX at a hearing, the court entered an order cancelling the foreclosure sale on XXXX XXXX, XXXX. 
13. The sale was rescheduled for XXXX XXXX, XXXX. 
14. At last, On XXXX XXXX, XXXX and about eleven months after my modification application SPS responded to my modification application for the first time with a denial using an incorrect gross income. Corrections were made and on XXXX XXXX, XXXX a XXXX denial of my modification was issued in spite of the fact that I demonstrated to them that I make more than {$4000.00} a month which is enough to start paying my mortgage. 
15. The fact that SPS thru their lawyer has pleaded to cancel the sale so many times without giving me an answer to my modification application demonstrate their violation of Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( ii ) and Regulation X, 12 C.F.R. 1024.41 ( g ). 
16. The court could have sold my property at any of those scheduled hearings. 
17. On or about XXXX XXXX, XXXX I applied for the HAFA program. First SPS considered me to for a cash for keys program. Then I was considered for a Deed in Lieu. In both cases SPS denied the XXXX options and decided to offer me the short sale option. 
18. On about XXXX XXXX, XXXX I signed a contract with a realtor to work on the short sale. 
19. On XXXX XXXX, XXXX in view of my application for a short sale, SPS filed a motion to cancel the sale on XXXX XXXX, XXXX. 
20. On XXXX XXXX, XXXX Once again, the court postponed the sale for XXXX XXXX, XXXX. This happened only because I had a copy of a short sale contract that my realtor had prepared. The SPS lawyer had no evidence to present to the court. 
21. A week later or so, SPS rejected the short sale contract that my realtor had sent to them. 
22. At the present time my realtor is diligently working to offer another short sale contract. 
23. SPS as anybody that knows a little about real estate transactions knows that no short sale is going to be completed in the amount of time left before XXXX XXXX, XXXX. 
24. On XXXX XXXX, XXXX there is not going to be more postponement and the court is going to sell my home to the highest bidder. 
25. Regulation X was enacted to exactly stop the kind of behavior that SPS has displayed in my case, in which they have violated many times Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( ii ) and Regulation X, 12 C.F.R. 1024.41 ( g ).

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