Consumer complaint received 2015-07-07
Company: Specialized Loan Servicing Holdings LLC
State: NV
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I was approved for a Trial period plan under the Home Affordable Modification Program with my servicer SLS on XX/XX/XXXX. My first trial payment was scheduled to start XX/XX/XXXX and end on XX/XX/XXXX. I have had an attorney helping me submit my paperwork to SLS during this entire process. Upon receiving the trial paperwork showing a trial payment of {$2300.00} per month my attorney contacted SLS and advised them they used an inaccurate income to determine my qualification and trial payment. SLS advised my attorney to submit our dispute in writing. My attorney did this on XX/XX/XXXX and confirmed it was received by SLS. SLS also advised my attorney that I should make the trial payments and if there was an error in the income calculation and trial payment amount that it would be corrected once I received my final modification and reflect on that paperwork. The error SLS made when calculation my income is simple. They based it on an amount of {$7600.00} per month which includes my base salary and tips. However, SLS counted my tips XXXX. My actual income was only {$6400.00}. My attorney advised me that normally SLS will just ignore our letter advising them they made an error and just finalize it with the same INCORRECT payment. The final modification paperwork arrived dated XX/XX/XXXX. The new payment is NOT 31 % of my real/actual/correct income. It 's 31 % of the income that we advised SLS was incorrect. I am on a tip compliance and the tips that show on my pay stubs are only for calculating my taxes withheld. I sent a profit and loss ( Per the request of SLS ) for ALL of my tips. Inclusive of the tips that show on my pay stub. Not in addition to the tips that show on my pay stub. Upon contacting SLS they state they have reviewed my attorney 's letter advising them there was an error in the calculation of the income and that they determined it was correct. However, this is IMPOSSIBLE. There is no way to calculate that high of an income for me without counting my tips XXXX. I again faxed another request to correct my income on XX/XX/XXXX. The error made while calculating my income is not complicated. The letter explains what happened ( See attached copy to this complaint ). Unfortunately SLS simply gives lip service when they reply to these types of disputes. This is not only unfair to myself, but it basically defrauds the government because they are participating in the HAMP program and the HAMP program requires the lender ( SLS ) to offer a new payment which is 31 % of my income. The offered final mod dated XX/XX/XXXX IS NOT 31 % of my income. It is 37 % of my gross monthly income. I am asking CFPB to please demand SLS comply with an actual review and correction to the error in my income calculation. So far when my attorney talks with SLS they only push for me to just accept this final modification. This final modification is fraud and uses the HAMP 1 program without lowering my payment to 31 % of my actual income.

Company response to consumer: Closed with explanation