Consumer complaint received 2017-05-20
Company: SELECT PORTFOLIO SERVICING, INC.
State: OH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This is a new complaint due to the many lies and deceptions contained in the company 's response CFPB Complaint # XXXX. In short, SPS has blatantly lied on multiple answers : 1 ) I raised the issue that the judgment is dormant due to a clear violation of an Ohio statute. SPS said, " We have reviewed your claims and SPS does not agree that the debt is dormant and uncollectable. '' However, the issue is not subject to 'debate '. It 's a statute that was clearly violated. 2 ) In response the fact that I have a foreclosure sale date set, and have had one set since XX/XX/XXXX, SPS said, " ... you request that SPS cancel the foreclosure sale date ... however, there is not a foreclosure sale date scheduled at this time. '' However, on XX/XX/XXXX, the attorney representing Plaintiff XXXX XXXX  sent a letter ( attached ) that CLEARLY STATES that a sale date is set for XX/XX/XXXX. Additionally, the court docket shows the same ( attached ). 3 ) In multiple phone calls with SPS representatives over the past couple of months, it was determined that the ONLY piece of information still 'missing ' was a profit and loss statement for the business named 'XXXX XXXX XXXX ' . I then uploaded that P & L statement on XX/XX/XXXX, and rec 'd a confirmation email from SPS that the specific information requested - the P & L from 'XXXX XXXX XXXX ' had been received. And yet, today, SPS said, " OnXX/XX/XXXX, SPS submitted your account to be reviewed for all foreclosure prevention options. We require a complete loss mitigation application to review your account for all available options for which you may be eligible. On XX/XX/XXXX, SPS sent you a letter detailing the information required to complete the application. We still require all of the information noted in that letter. We have enclosed a copy of that letter for your review. We require the following information before we can review your account for the available options for which you may be eligible : SPS received a profit and loss statement from XXXX XXXX XXXX, XXXX ; however, the tax returns show as XXXX XXXX XXXX with the profession listed as Sales and Marketing. We need clarification if both businesses are the same. If they are not the same, we need a profit and loss statement for the Sales and Marketing Company. '' I 'm at a total loss here ... I have a sale date set for 31 days from now that SPS has repeatedly said is not scheduled, I have a statute that clearly says the judgment is dormant, and I have confirmation that I have submitted 100 % of the information SPS requested to BOTH start the review AND STOP the foreclosure, and yet, they still insist the do n't have the requested information, the judgment is not dormant, and there is no sale date set anyway. Federal law is crystal clear that a sale must be stopped if a completed loan modification is submitted 37 days or more prior to a sale date. I have demonstrably met that standard, and yet, a sale date is still set on my house, and worse, SPS is denying that a date even exists despite receiving from me 5 days ago screen shots of the Court docket showing the sale date.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation