Consumer complaint received 2023-03-30
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Filed a complaint with CFPB on XX/XX/XXXX online while talking with a CFPB representative asking questions on regulations in place for Servicing Companies. Received a call on XX/XX/XXXX at XXXX from SPS Servicing in regards to my complaint. XXXX XXXX felt like she tried not to spell her name for me correctly ) asked for consent to record stated to her yes. She automatically starts talking fast in regard to the Notice Of Default, told her I cured that default yesterday after filing complaint by post dating checks ( NEVER have I has an XXXX  on one payment with them. XXXX stated post dated checks do not count! Told her yes that shows my intentions and Notice of default states at the top of page states CURE DATE : XX/XX/XXXX. Asked XXXX do you see the checks posted she stated yes but she continued to threaten me with foreclosure and sending legal papers over. I hung up on her and told reporting again that is not the information given by your representatives and you are still violating CFPB regulations to protect me from losing my home and payments with false and misleading information from you. My daughter in law works for XXXX XXXX and knows all regulations and I call the CFPB and ask for accurate information since your company can not do it. Basically, I am servicing my own loan with knowledge because I have lived and owned this house for 30 years. When I called to postdate checks ( There system only holds three checks at a time ) I post dated checks on XX/XX/XXXX after filing complaint. I ALREADY had one in the system for XX/XX/XXXX ( Which takes care of XXXX payment XXXX ), Set next one up for XX/XX/XXXX ( Which takes care of XXXX payment XXXX ) and one for XX/XX/XXXX ( takes care of XXXX Payment ) Based on my note late fees can be paid at end of term XXXX and by FDCRA ( Fair Debt Credit Reporting Act ) I am CURRENT. I am only one payment behind due to Hurricane IAN. After hanging up with XXXX I called SPS Servicing and the automated system stated all checks that I have posted also called. First representative XXXX ( XX/XX/XXXX at XXXX XXXX  ) asked for consent to record I agreed she started with the Notice of Default and threatened me with foreclosure and sending papers to legal. XXXX would not let me speak stated that by law she had to tell me about my Notice of Default and foreclosure. I hung up. I called back ( XX/XX/XXXX at XXXX ) spoke with XXXX she started on Notice Of Default but for the first time this representative stated possible foreclosure. I told XXXX I want to verify my postdated checks and amounts so we did. Then I asked her ONE question. These checks posted will bring me out of default and I will be current she stated correct. I have told this company numerous times I am in a hardship from Hurricane Ian as my 30,000 gallon pool popped out ground and messed up two of my rooms inside my house as well. I have someone taking care of that through my property insurance. They do not care. They threaten people with foreclosure on ONE payment, ask for late fees and most of them are not knowledgeable in mortgage and CFPB regulations set in place to protect me from there mischief behavior. I have a friend that has same servicer, and she has such a problem with them too.

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