Consumer complaint received 2017-09-12
Company: SELECT PORTFOLIO SERVICING, INC.
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
1.Refinanced into an XXXX rate loan through XXXX XXXX in XXXX XXXX. That went to XXXX XXXX then to XXXX which was becoming XXXX. 
2. Was current on payments for 2 years but in XXXX XXXX had a hardship and called XXXX explaining the payment would be late. Was told that to be considered for " borrower 's assistance '' I would have to default for 3 months but they would call me back. 
3. Did n't hear back from XXXX so made a payment in XXXX XXXX. Then was told to default for 3 months and to contact a HUD counselor. Both were done. 
4. Received a trial mod agreement from XXXX. Complied with agreement, mailed the six required monthly payments on time and through XXXX. Copied and retained agreement, check stubs and receipts. 
5. Made final trial mod payment on XXXX XXXX, XXXX and yet received a foreclosure notice on XXXX XXXX, XXXX which was handed to my daughter 's then visiting boyfriend. ( This was from XXXX, XXXX, XXXX representing XXXX XXXX XXXX, the supposed investor on the loan which had been securitized. ). The defendant list on the foreclosure summons included names of persons and institutions supposedly having a lien or interest in the property. None were true. 
6. Received the returned cashier 's check ( the trial mod payment sent on XXXX XXXX, XXXX XXXX around XXXX XXXX, XXXX with a letter from XXXX stating " Check does not fully reinstate loan ''. So no permanent modification was made and no reason given. 
7. Spoke with several XXXX reps as well as HUD and XXXX and was finally told to do a " deed in Lieu ''. 
8. Instead of sending a deed in lieu packet, a short sale packet was sent to me ( by XXXX ) 9.About 1 year later, an offer was made on the property. XXXX made a counter offer which the buyer accepted. I was told by XXXX negotiator, XXXX XXXX, that it would take a few weeks to get everything set but that the sale was qualified under XXXX and I would receive {$3000.00} at closing. 
10. SEVERAL MONTHS LATER, a new negotiator, XXXX XXXX, contacted my then realtor and and his attorney stating the sale would not take place unless I paid an additional {$40000.00} along with the short sale amount agreed to. I was told the reason for this was because XXXX took so long with the short sale process, that my PMI company closed out my account. I told XXXX XXXX I could not afford to pay an additional {$40000.00} to give my house away. ( I recorded this call ). This was XXXX XXXX, XXXX. 
11. After many useless interactions with XXXX representatives, I hired XXXX XXXX XXXX, foreclosure XXXX XXXX in XXXX XXXX. I also had sent out multiple QWRs to XXXX, XXXX XXXX XXXX and the XXXX XXXX. 
12. The supposed investor on the account was changed to XXXX XXXX in XXXX XXXX. XXXX had also hired another law firm, XXXX and XXXX, a larger more prestigious group than XXXX. 
13. I received one answer to the many QWRs sent. It was a QWR I had sent to XXXX XXXX but was answered from XXXX XXXX of XXXX. It did not contain all of the documents I had requested. However, it did contain a copy of the original application from XXXX XXXX in which I found my income had been exaggerated by XXXX. ( I had given the loan originator, XXXX XXXX, my XXXX XXXX and current bank statements, and paystubs. There were documents stamped and signed by two notary publics that I had never met but they claimed to know me. The appraisal was from the XXXX fake short sale and not the XXXX appraisal in which the home was called a 3 bdrm when it was only a 2 bdrm. 
14. I had been paying XXXX XXXX XXXX since XXXX until XXXX XXXX. I am still working with them. In XXXX, XXXX " transferred '' the servicing rights to " Selective Portfolio Servicing-XXXX '' and the case was transferred back to the XXXX 's attorneys. My attorneys suggested I do a consent foreclosure with XXXX and that I should probably leave the property. Which I did. However, I believed that XXXX still had the default on my credit report and would not be able to obtain another mortgage. I took early retirement from a very well paying job to obtain my pension and XXXX to pay cash for a manufactured home. I later found out that XXXX had removed the default so I took early retirement when I really did n't have to and could have obtained a loan to move into a decent home and continued to work until full retirement age. 
15. XXXX then would not accept the consent foreclosure ( Illinois XXXX and my attorneys suggested I try another short sale. The house was sold the first day on the market with a cash offer. 
16. On XXXX XXXX, a motion for summary judgement was approved by XXXX XXXX XXXX ( a new judge in the foreclosure field ). So there was already a contract on the house for a short sale and the motion did not contain any of the loss mitigation I had done with XXXX nor what was being done now with XXXX I also had the witness name on the affidavit investigated. The person who signed the affidavit, XXXX XXXX XXXX, stated he was a document specialist for XXXX and that everything was true in the motion. He has never worked for XXXX. I have recently made my attorneys aware of this fact. This is just one more example of fraud with this case. 
17. The sale date for the property ( a property where I am still paying utilities and XXXX fees ) is now rescheduled for XXXX XXXX while XXXX continues to stall for a close date. They had a XXXX done in XXXX and now are doing another one. I know they will make the later one higher than the original. Their original XXXX was {$5000.00} less than the buyer offered. They continue to ask for items they do n't need, have said the realtors must take a 4.5 % commission rather than a 6 % commission and are now waiting something from mortgage insurance. I have told my attorneys that this is the same thing that happened with XXXX in XXXX. This property sold on XXXX XXXX and we are now in mid XXXX. I believe they are waiting for the buyer to walk away. 
18. I also emailed XXXX XXXX securities department and have a response from them stating they are only the trustees of the trust ( certificate XXXX XXXX XXXX ) and make no decisions regarding short sales while XXXX continues to say everything is up to the investor - meaning XXXX XXXX. 
19. I have been asking the servicers and investors since XXXX to see the original note and servicing agreement ( through QWRs ). I have yet to see either. At one point the XXXX attorneys, XXXX and XXXX claimed the original note was in their " vault '' yet they could never produce it. 

There is so much fraud associated with this case and I have documentation of everything. There are CFPB, FDCPA and RESPA violations committed by XXXX, XXXX, the XXXXr XXXX and the XXXX, XXXX XXXX. I have contacted the XXXX XXXX sheriff 's department with little help from them. I have also emailed XXXX XXXX 's office. Even the plaintiff in the case is wrong, They still have XXXX XXXXXXXX XXXX in the docket and it is supposedly XXXX XXXX I do n't think either has the mortgage. 

I would appreciate any help you could provide. 

THANK YOU!

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