Consumer complaint received 2017-10-19
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
In XXXX XXXX our XXXX XXXX XXXX XXXX, it was a very hard time and I missed XXXX and XXXX payments. 
We had a rental property that we owed {$35000.00} lender is XXXX XXXX and our family home a mortgage with XXXX {$85000.00} balance. We decided to sell the rental because we had enough to pay both home off with almost {$5000.00} extra. 
We put the rental on Market and took the 1st offer that paid both off. The buyer chose XXXX XXXX title to go through escrow. it was a fast escrow because we sold as disclosed and we had nothing against it. XXXX XXXX Acct # XXXX. XXXX XXXX XXXX XXXX XXXX TX XXXX. 
The escrow and title co was XXXX XXXX Title XXXX XXXX XXXX XXXX XXXX XXXX XXXX # A Phone number ( XXXX ) XXXX. It was a fast escrow and we had a closing date in 2 weeks to close on XXXX XXXX. I told the escrow office XXXX XXXX we wanted to payoff our family home. It was approx. {$84000.00} but she would get exact payoff info. 
XXXX called and we made XXXX XXXX sign our papers and close. She called and we could come and get our documents with a check made out to XXXX XXXX Acct # XXXX for {$85000.00} to payoff our home and another for almost {$5000.00} extra after closing. 
We received the check to Payoff XXXX and we have a local XXXX XXXX so I drove there and a lady named XXXX XXXX called someone to help with instructions for the payoff. We put the check into the XXXX account for the night and after midnight the money would go to paying home. I ask XXXX when our home would close and she said after midnight the house was paid off We had received a letter from a company called SPS dated XXXX XXXX, XXXX they had bought our home loan but we should continue to pay XXXX until XXXX XXXX, and if the check was in the mail XXXX would forward the payments. This is what we did, we paid XXXX XXXX XXXX, XXXX but they did not do it correct or some other problem. On XXXX XXXX, XXXX we should start paying Select Portfolio Serving acct # XXXX XXXX XXXX XXXX XXXX XXXX XXXX UTXXXX phone # ( XXXX ) XXXX. 
On letter dated XXXX XXXX they again stated their was no confirmation I had paid the money, at that time they has a copy of the check. I received another letter from SPS dated SXXXX XXXX, XXXX that we owed {$90000.00} that was calculated till XXXX XXXX, XXXX. 
on XXXX XXXX I spoke to XXXX at XXXX and she said she will fax into to SPS and call me back. 
XXXX told me that her boss and a couple other supervisors were trying to find out what happened to the check. 
I went into XXXX to ask XXXX if any progress and she was off so a lady named Mi took info and said she will give to XXXX next day. 
On Monday XXXX at XXXX I called SPS and spoke to XXXX, call was recorded. She ask me to provide proof of the payment of {$85000.00}. I ask XXXX to do it because I do not have a fax machine. she said I could also send thru mail. XXXX XXXX XXXX XXXX XXXX XXXX Utah XXXX. XXXX faxed it for me. 
XXXX XXXX, XXXX again they said they did not have the money in their account. 
my husband was worried about losing the home so they said if I paid the late fee of {$300000.00} XXXX XXXX dated XXXX XXXX it would give me time to get the check found from XXXX. on XXXX, XXXX, XXXX I again went to XXXX and spoke to XXXX XXXX. She said the supervisors were checking it and trying the money. At this point they had the copy of check and could see it was paid but could not find the money. I saw a few internal emails that I was not suppose to see but I had 1 printed out for me. The supervisor was XXXX dated XXXX.In the memo she stated that the money was paid, but the higher supervisors were saying because we paid the XXXX payment more than 60 days after the loan was transferred on XXXX XXXX that they were returning my check of {$85000.00}. 
At this point they have had the money from XXXX XXXX through XXXX XXXX, XXXX and was leaving it to me to pay the loan, all late fees, and interest. I did get the Check For {$85000.00} and again I had to deposit it overnight in XXXX to make payment to SPS the next day. which I did. 
Since the check would clear on XXXX XXXX the check would automatically pay XXXX and not SPS. So I went home and thought everything was ok. We started getting letters saying we had not paid any payments since XXXX and we would go into foreclosure. house was paid thru XXXX and we did not owe any other money to them. we received another letter as of XXXX XXXX we owed XXXX I went to local bank XXXX to confirm it was paid. XXXX said yes it was paid XXXX XXXX. I called XXXX XXXX and ask for a copy of front and back of the Check and she faxed it to SPS. The Money was not in the bank so again I called and told them it was paid. again I received a loan document said I had not paid since XXXX. It said as of XXXX XXXX I was 108 days late and risk foreclosure. 
I called and explained again on XXXX they said they would review within 20 days. 
I called SPS several times and explained the but they would not stop calling and writing the letters.
At this point SPS has the {$85000.00} but they are taking the money from it to pay late fees and interest only. The say I owe them {$12000.00} with past due of {$10000.00}. They are giving me until XXXX XXXX to pay the late payments. I have a statement form that states there is {$79000.00} of unpaid principal balance. this is dated XXXX XXXX, XXXX. 
I am so upset that they are doing this and so far getting away with it. I am sure I am not the only person that they are doing this to. 
I have enclosed all the documentation, checks front and back as well as the escrow records that showed it was paid in XXXX. Now it is XXXX XXXX and they still are doing this. 
I have called my local congressman, and filed a complaint there as well. I am adding all documents for you and I Hope that this will be corrected soon. 
they should deduct all fees from XXXX XXXX to current, if anyone owes it is XXXX and not me. At this point XXXX has kept XXXX for 3 months and I assume they received interest on it. Now XXXX has the same {$85000.00} and they are also holding it instead of paying my home off. by doing this they are keeping late fees and interest on the money they are keeping. My Money in SPS is now down to {$70000.00} so they have taken {$15000.00} and not applied any to the loan. 
Thank you for your help XXXX, XXXX CA XXXX.

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