Consumer complaint received 2016-05-06
Company: SELECT PORTFOLIO SERVICING, INC.
State: AL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Select Portfolio Servicing states that it seeks to help individuals stay in their home and that they offer many plans to help pay missed payments. However, nothing is further from the truth. After missing XXXX payments due to major health problems, SPS locked my online account and returned my checks, refusing to accept any payment other than the full amount owed, which included late fees, home inspection fees and other fees I was attempting to dispute. When I called to speak with a SPS employee, I was told the only thing I could do was to complete the loan modification documents, which I did several times. Every time I completed the documents and submitted everything that I was asked to, I was always told they had not received everything and was told to resubmit the same forms again and again. SPS notified me that a foreclosure sale had been set. In an effort to stop the sale, I continuously attempted to pay everything that SPS said I owed. I made numerous calls requesting the amount I should wire, however, no employee could ever tell me the amount. I made written settlement offers, to which SPS has failed to respond. After speaking with the foreclosure attorney, I was told the sale had been cancelled. I then am told to complete the modification documents again. I submitted what I was asked to and received a notice that some documents were missing. Additionally, SPS 's XXXX XXXX letter, stated that I needed to submit additional information for my loan modification review by XXXX XXXX, and further stated : " Please know that while we are awaiting the additional information, your account will not be referred to foreclosure, nor will it be sold at a foreclosure sale if the foreclosure process has already been initiated. '' Moreover, SPS sent another letter on XXXX XXXX asking for additional information by XXXX XXXX, 2016 and again stated the promise that while waiting for this information, my account would not be referred to foreclosure. However, on XXXX XXXX, only 6 days since the last letter and over three weeks before the deadline for the additional information, SPS 's foreclosure attorney notified that SPS " had instructed [ the foreclosure attorney ] to foreclosure the property. '' Even more shocking, the foreclosure attorney stated that XXXX XXXX sale would be publicly announced the very next day, XXXX XXXX in my locate paper. I then sent a letter to the foreclosure attorney and various departments at SPS notifying them of their wrongful foreclosure, dual tracking, fraud and, instead of filing a lawsuit, I enclosed payment for XXXX of the outstanding fees and requested a payment plan for the remaining amount. Again, my payment was refused. I received a letter from SPS stating that in order to stop the foreclosure, I needed to pay the full amount of outstanding fees by XXXX XXXX. No one at SPS has been able to help me with the loan modification, which has not been reviewed, or a payment plan. Due to SPS 's initiation of the XXXX wrongful foreclosure, I incurred huge fees and tax liability, for withdrawing funds and making an early withdraw from my retirement account, in order to stop the foreclosure. Moreover, SPS 's malicious acts have caused me enormous stress, which has exasperated my health problems, which has caused me to miss work and family functions. SPS 's actions are not only a malicious contradiction of their written promises, but are in direct violation of the law. As SPS and their foreclosure attorney has failed to respond to my letters, I am asking for help from you.

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