Consumer complaint received 2017-02-12
Company: Selene Finance LP
State: GA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
This complaint is surrounding violations to the Dodd Frank Act of XX/XX/XXXX, the citations to Georgia 's foreclosure statutes and XXXX Code Annotated Sections 44-14-160 through 44-14-191.I 've never been late on my mortgage until this last year and for the first time during the life of my loan, I applied for mortgage payment assistance on XX/XX/XXXX. 
Although I faxed my mortgage servicer Selene Finance ( SF ), a full and complete package. I had even sent SF, a copy of my divorce decree on XXXX XXXX, XXXX, which indicated that my ex-wife had no interest in the property. However, SF persisted that I provide additional documentation regarding this matter. Needless to say I was forced to have the co-borrower complete a quit claim deed for the property before SF, would review my loan assistance application. Due to my divorce and the fact that my ex-wife lives in XXXX, it took a little bit longer than I anticipated for me to acquire the necessary documents that SF, had requested.During this time SF, denied my request on XX/XX/XXXX, citing that I had missed a deadline date which was unbeknownst to me.I requested for an escalation to a manager because of the unfair treatment and the matter was reviewed by supervisor XXXX.To my knowledge the loan was then placed back under review, as of XX/XX/XXXX.On XX/XX/XXXX, we were told by XXXX agent of SF, that my loan was in the second level review for a standard modification agreement. On XX/XX/XXXX, I received both a letter acknowledging that SF received a full package for review and a decline letter dated 5 days later declining my review. The decline letter stated that I had until XX/XX/XXXX, to dispute the decision. According to the Dodd Frank act of XX/XX/XXXX, after a modification review has been completed in particularly after review for HAMP, it is required that I be given a minimal of 30 days in which I have to file an appeal. I did n't receive my denial letter, until after the appeal period had already come and gone. This illegal act further harmed me because it did not allow me due process under the terms of Dodd Frank.We then later discovered that our loan had been referred to foreclosure on XX/XX/XXXX, and assigned to a foreclosure attorney by the name of XXXX XXXX XXXX. on the same day. 
To this day I have yet to receive a formal demand letter. This Notice is required by State and Federal law to allow me 30 days to respond or dispute the default within the office of XXXX XXXX Esq.. This is also a violation of my due process in every way, therefore no demand letter was received by the foreclosure XXXX XXXX XXXX, prior to this office establishing a sale date of XX/XX/XXXX.Now we 're being told the loan was denied for modification on XX/XX/XXXX and a letter mailed on XX/XX/XXXX. This completely contradicts what we were told by agents of SF, on both XX/XX/XXXX, when we spoke with XXXX and were told that the loan was in second level review for standard loan modification. This act is fraud and misrepresentation of the truth and extremely misleading. 
No later than 30 days prior to the date of the scheduled foreclosure sale, the lender must send the borrower notice of the initiation of proceedings to exercise a power of sale. The notice must be sent via registered mail, certified mail, or overnight delivery, return receipt requested, to the property address or to any other address the borrower has designated by written notice to the lender. XXXX XXXX XXXX, the lender 's attorney also failed to send me a notice informing us that we have ten days from the receipt of such notice to pay the principal and interest without incurring attorneys ' fees. This notice would have given us a 30-day notice of sale.This was not done and these multitude of issues has been abusive and all levels of creditor abuse

Company response to consumer: Closed with explanation