Consumer complaint received 2020-01-15
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Loan XXXX Trustee 's Sale No : XXXX This complaint is in reference to Select Portfolio 's vendor XXXX XXXX XXXX XXXX. We request that Select Portfolio take responsibility for thier vendor 's error in foreclosing on our property based off the wrong sale date given on thier recorded automated system. We request Select Portfolio rescind the sale date of XX/XX/XXXX and honor the sale date of XX/XX/XXXX as given on the vendors recorded messages as follows : XXXX XXXX  XXXX  has unlawfully foreclosed on our property on XX/XX/XXXX. There were recorded messages on the automated system 's phone numberXXXX givenon thier letter dated XX/XX/XXXX ( attached ) to call for information about postponements. We called this number on XX/XX/XXXX XXXX XXXX   & XX/XX/XXXX XXXX XXXX  using trustee # XXXX, which hada sale date of XX/XX/XXXX ( attached copy of call log ). We relied on these recorded messages as a time frame in avoiding foreclosure with Select Portfolio and planned to take necessary steps to avoid foreclosure according to the XX/XX/XXXX sales date. Instead XXXX XXXX XXXX has foreclosed on our home on XX/XX/XXXX giving us false information over thier automated system not allowing us to take the necessary actions to avoid foreclosure. We request that XXXX XXXX accept thier error and rescind the foreclosure sale immediately and allow us the proper opportunities needed to take as a consumer by law in order to avoid foreclosure. We request 100 % transparency in these recorded messages with these dates and times given, we request a copy of all the recorded messages from the automated system with these dates and request a copy of all the messages and system data entries from this time frame and around this time frame in order to verify the truth. We called XXXX XXXX  on XX/XX/XXXX and spoke with XXXX whom stated there are no records of the XX/XX/XXXX sale date in thier system and that he would look into thier IT department to look for the recorded messages and asked we call back the next business day. We are now relying on thier complete honesty and utmost due diligence in correcting this unlawful foreclosure sale. 

On XX/XX/XXXX we called XXXX XXXX  XXXX  back and spoke with XXXX who stated the file is with the sales company/auctioneer and that they have stated they do not have a sale date of XX/XX/XXXX but was not very clear on the findings of the recorded messages in question, she stated there is nothing she can do at this time to rescind the foreclosure. She transferred me to her legal department to see if they can help in anyway. We spoke with XXXX XXXX. Explained the concern and she requested we email the complaint with details to XXXX and she will speak with management to look into this. In addition, in speaking withXXXX and XXXX they both stated that sale dates are only conducted on Tuesday 's and Thursday 's and that XX/XX/XXXX is not on these days ; therefore, question if the recordings reflected such date. To reiterate we called on XX/XX/XXXX XXXX XXXX  then we called again to reverify on XX/XX/XXXX XXXX XXXX  and confirmed the sale date was XX/XX/XXXX. These dates we called on and listened to thier recorded messages are after XXXX XXXX XXXX last correspondence received by mail dated XX/XX/XXXX ( attached ) which reflects a sale date of XX/XX/XXXX ; therefore, we relied on these recordings as the most recent updated information on the postponement because according to thier letter dated XX/XX/XXXX, which states we can obtain information about postponements by calling the number listed above, it would be giving the most updated information ; hence, we followed thier instructions on thier letter and XX/XX/XXXX was the updated postponement date given. Since the question arises that XX/XX/XXXX is not on thier conducted sale days of Tuesday 's and Thursday 's we would like to mention it is not our fault if thier system had a gliche or human error in entering a date which did not fall on such days, they must honor the date given. Furthermore, when speaking toXXXX at XXXX XXXX  she stated that the recorded messages are not from XXXX XXXX  XXXX  and stated they are handled through the sale company/auctioneer company and that there is nothing she can do as they are not responsible for those recodings. In return we would like to state that XXXX XXXX  is liable for any errors thier vendors make ; therefore, XXXX XXXX   is responsiblefor giving us this false information and allowing this foreclosure to go through after thier vendor who they directed us to call on thier letter head gave us a date of XX/XX/XXXX and that is the date they should honor by law.

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