Consumer complaint received 2021-01-17
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I have received a letter dated XX/XX/XXXX from my loan servicer, SPS, is claiming the amount of {$100000.00} to reinstate my loan and that my loan is in foreclosure status. 
I am disputing the amount they are claiming {$100000.00} as being erroneous and inaccurate. 
In their payoff demand they are demanding a total of {$72000.00} which includes {$32000.00} for past due interest and {$39000.00} for escrow related charges. 
I have also been making mortgage payments which SPS accepted since XX/XX/XXXX to XXXX, XXXX. This is a total of {$25000.00}. Therefore I am hereby disputing their claimed balance of {$100000.00}. 
SPS has refused my XXXX payment of {$3000.00} and has suddently put my mortgage account into a foreclosure status and is demanding {$100000.00} to reinstate the account. They are demanding that I make this payment by XX/XX/XXXX or my account may be put into a foreclosure status. 
I have submtted a Post-Covid application to SPS which they have acknowledged in their letter to me dated XX/XX/XXXX and which they have not reviewed. 
In their letter of XX/XX/XXXX SPS stated that upon review of my application there may be programs that SPS can offer to resolve the past due status of my account. 
SPS offered me a Forbearance Plan dated XX/XX/XXXX and then retracted it XX/XX/XXXX. A representative of SPS spoke with me and asked me when I was going to send the XXXX payment which I subsequently did. Then on XX/XX/XXXX, I received a demand letter from SPS that my account was in foreclosure and that I must pay the amount of {$100000.00} to cure the default by XX/XX/XXXX and that my payment for XXXX was not accepted by SPS. 
I received several letters from SPS on XX/XX/XXXX and XX/XX/XXXX stating that SPS is committed to home retention and offers many assistance programs to borrowers who are experiencing financial hardship. And if I was making a payment, the correct address was in those letters. I feel these letters are very misleading and deceitful, given the SPS intent to foreclosure upon my mortgage. Please see copies of all pertinent correspondence. 
Then I received a letter dated XX/XX/XXXX a copy of which is enclosed that is demanding a payment of {$100000.00} to reinstate the mortgage account to avoid foreclosure proceedings. 
As I stated above, I had been making all payments to SPS since XXXX, XXXX and I have requested a review of my Post Covid Application which SPS has not done to date. 
In addition it is my understanding that SPS is in violation of the current CA laws regulating foreclosure and eviction during the Covid pandemic namely XXXX which according to the Cares Act, a mortgage servicer can not foreclose upon a borrower under provisions of this act. Furthermore this pertains to federally backed loans and non federally backed loans such as my loan. Please see enclosed information about this provision. 
I feel that SPS retracted the Forbearance Plan offered on XX/XX/XXXX because of the perceived upcoming legislation that is pending passage in Congress to further protect borrowers during the pandemic. And that SPS wanted to sidestep the inaugeration of these new and continued policies and therefore decided to initiate foreclosure proceedings against my property. 
I am a senior citizen XXXX years old and my house is my only asset. I can not afford to lost the equity in my house. I have told SPS this fact before. 
I am requesting the immediate review of my post-covid application which SPS has acknowledged receipt and a reinstatement of the Forbearance Plan which they offered me on XX/XX/XXXX. 
I feel that SPS has sent me confusing and inaccurate letters regarding my account and that this is illegal to do so.

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