Consumer complaint received 2022-08-23
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I write today in the hopes of getting a loan modification that will settle XXXX XXXX XXXX  XXXX foreclosure lawsuit once and for all. I would also like a full accounting of my loan account. 

Since 2009, I made numerous attempts to modify my mortgage with XXXX XXXXXXXX XXXX XXXXXXXX, through its servicer, XXXX. Each modification had an issue. When the lender sent its last modification, after I completed their trial modification, the lender included a settlement agreement and release. When I questioned why I am being asked to execute the settlement agreement, I was not afforded a response. 

I researched and learned that the lender is being sued across the country fraudulently denying loan modifications. XXXX XXXX XXXXXXXX XXXX XXXX and XXXX admit there was a glitch in the loan modification calculation software which caused wrongful denials of many mortgages but chose not to correct the error and fraudulently foreclosed on many homes. They did not inform the public. They denied my loan modification requests on numerous occasions as a result of this glitch. Each time I received a proposed modification from XXXX, I questioned the fees, costs and balance due. I even received a modification that was outside the guidelines provided by the HAMP and TARP programs. I made them aware and was told I had to take or leave it. They failed to follow and apply HAMP guidelines at one point as well. With the proper calculation, I would have qualified to have my principal balance reduced and the loan modification would have been approved. I would not be in litigation with them more than 12 years later. As a result, interest has accrued, I was unable to take advantage of the recent low interest rates and have not been able to qualify for a mortgage. 

My license was delayed as a result of these actions. I became increasingly XXXX  stressing over losing my home. 

I now have confirmation that XXXX XXXX engaged in mortgage modification fraud. But for the diligence of my attorney, my home would have been foreclosed on as well. 

Additionally, the lender added attorney 's fees and costs even though they voluntarily dismissed their case on two occasions. I was the prevailing party. They reimbursed the attorney 's fees and costs I paid to my attorney during the 2nd case. A discovery request was made. Instead of responding to the discovery request, they dismissed the case. I would like the balance to reflect a total deducting the attorneys fees and costs and the interest incurred as a result of this fraud committed by the lender. 

When I received the most recent modification offer, I was willing to accept the modification but not the settlement agreement offering me {$7000.00} to waive my rights to sue for fraud or any other misconduct. I was not allowed to do so. I am willing and able to pay my mortgage. I more can afford the most recent modification I was offered. I just want it to accurately reflect what I owe.

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