Consumer complaint received 2017-09-22
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX, XXXX Our home ( that was being serviced by XXXX home loans ) was severely damaged by XXXX wildfire in XXXX XXXX XXXX. We worked with XXXX to get our home repaired during this process, we received insurance checks that were made out to us and XXXX XXXX Loans. XXXX was the servicer at the time and had strict protocols in place that we needed to submit our checks to them, make our mortgage current and they would release funds back to us. XXXX XXXX we paid our mortgage up to date from XXXX XXXX to XXXX XXXX. We wired the funds to XXXX. XXXX then released two checks to us in XXXX XXXX for rebuilding of our home. XXXX also sent out inspectors as we finished different levels of the rebuild. Each time the inspector signed off XXXX would reimburse us. Warning us that unless our account was current the checks would be withheld. We received another check in XXXX XXXX and we received the final inspection approval from inspection company which was submitted to XXXX. We received one more checks with XXXX still missing from our total of checks submitted to XXXX of XXXX. We had records on XXXX and we show they returned XXXX I asked XXXX to apply in XXXX XXXX the remaining money to our principal balance to reduce our home loan from XXXX to XXXX and reverse the charges, fees and other money that had been attached to our account. I assumed this was done and we moved forward. XXXX then sold our servicing to other servicers who told us each time that we were delinquent going back to XXXX XXXX. I then would get copies of the checks, chase insurance reimbursment policies and I would then ask them to return the servicing to the original creditor. We had numerous companies that I had to fight with over this file Each one reporting us as delinquent, violating the law and our rights. We have now endured over 9 years with false and erroneous documentation on our account. XXXX servicing took over our file XXXX and we have been in a battle with them, providing the copies of the checks front and back, proof that XXXX signed off on additional checks being paid to third party vendors ( which according to their insurance regulations anything over XXXX would have to be approved in writing ) I provided those checks to XXXX 11 times. When they finally claim they received they went back to XXXX who says they cant locate or read the documents. My insurance company has sent the documents to XXXX as certified true and they are clearly deposited into XXXX home loans account. 

This XXXX has never been applied and if it had been my account would never have gone to default or foreclosure. This erroneous reporting has caused us to pay higher fees and lowered our credit score by over 250 points. Its shows long term delinquency. I have lost other properties because i could not refinance To make matters worse XXXX last year approved us for HARP repayment program which we accepted. I disputed the amount of XXXX I wanted the amount to be the XXXX that it should have been at the time that we submitted our money. Drastically lowering our payments or to at least put the amount to XXXX the amount of the principle the day of the fire. Since everything is related to the fire scenario. I did not want to accept the HARP with the figures that show over XXXX owed on this debt. This file over the last 9 years has accrued closed to XXXX interest and fees. I was not willing because I have disputed this over and over again wanted to affirm a debt on this file. 

I wanted to accept the HARP loan modification and wanted a supplemental document that the almost XXXX in fees and interest were in dispute. XXXX refused to work with me failed to respond in writing to my appeal. When I worked with them again they now sai that the timeline had passed for the governments program. I find it unfair and immoral for this company to want me to release my claim for my disputes. 

The governement HARP program was to assist us so we could get the account current, pull it out of default and foreclosure. XXXX says that they can not read the checks which I have submitted. 

I am now going to lose my home to foreclosure and I am asking for assistance. XXXX and XXXX have conspired to try to take my property knowing that they can not account for over XXXX in missing funds. 

XXXX has to accept responsibility for their actions. 

1 ) They can not claim they do not know where the money is? 

2 ) Not be able to answer questions on how they release funds to us when their policy says no funds will be released if the mortgage is delinquent. They claim I was delinquent from XXXX XXXX They issued checks in XXXX XXXX, ( two checks back to me XXXX we would have been 60 days delinquent. They then issued a third check in XXXX XXXX which would have been 480 days delinquent. This is absurd. We were not delinquent 3 ) Review the wires and checks to find the missing funds, XXXX XXXX and XXXX XXXX Give us time to find the actual wire transfers that show funds being wired. I believe these funds may have been applied to another account on another property. We are asking XXXX to review all incoming checks and wires to fully investigate this. 

XXXX ) They authorized the release of funds to third party vendors and to us that was above XXXX they would not have allow this if we were in delinquency. Please have XXXX tell XXXX to stop the foreclosure until its fully investigated.

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