Consumer complaint received 2022-07-29
Company: SELECT PORTFOLIO SERVICING, INC.
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Select Portfolio consistently insist that my home was foreclosed and reinstated. The fact is that no foreclosure action occurred on my home. 
Select Portfolio Servicing has provided a Corporate Advance History in which they claim was provided by XXXX XXXX XXXX submitted a reply to the CFPB and attached untrue and fabricated documents unprofessionally written. This counterfeit document depicts account activity from XX/XX/XXXX through XX/XX/XXXX, ( see attached ). This fraudulent document lists Property Inspection Fees, Attorney Fees, FC Fees, and FC Title Search fee and total {$2900.00}. This is not on XXXX XXXX XXXX official letter-head paper which reflects deceitful practices by Select Portfolio Servicing. These fees were enforced on a foreclosure that never existed and was ordered dismissed in the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Department XXXX XXXX. Select Portfolio Service refuses to acknowledge a court Dismissal Order No. XXXX in which the Plaintiff, XXXX XXXX filed a Motion to Dismiss without prejudice, and without further cost, and clearly says that Judgement of Foreclosure and Sale was not previously entered. 
However, I have a copy of the true and accurate Account History for my loan with XXXX XXXX which accurately shows that the {$2900.00} was paid by the servicer ( XXXX XXXX  ) on XX/XX/XXXX, prior to transfer and that the history also shows that not only was that amount paid in full but was also listed as UNRECOVERABLE or as a Restricted Corporate Advance Adjustment ( See Attached ) For SPS record, a non-recoverable or Restricted Corporate Advance Adjustment as listed on the true and original copy of my loan history, means that : Any advance which the Servicer has determined in its good faith business judgement will not be ultimately recoverable by the servicer from late payments, insurance proceeds, liquidation proceeds, condemnation proceeds and any other collections Also, Corporate Advance History submitted by SPS on behalf of XXXX XXXX XXXX XXXX reflects history ONLY from XX/XX/XXXX through XX/XX/XXXX. The loan transferred six months later and its history indicates that the corporate Advance Adjustment was paid on XX/XX/XXXX. This information is not on the so called Corporate Advance History provided by SPS on behalf of XXXX XXXX XXXX XXXX which would show that the {$2900.00} was paid in full. 
XXXX XXXX faxed the account history to me on XX/XX/XXXX prior to seeking resolve from Select Portfolio Services. This document bears XXXX XXXX XXXX XXXX letterhead and list date and time the fax was sent and is true and accurate since they serviced the loan. The history that SPS has provided is untrue and should be investigated by the Illinois Attorney Generals office for fraudulently submitting false documentation. 
Select Portfolio Services also contends in their response that : know that additional legal fees and costs can be assessed after reinstatement, as many of these items were not billed to your account until after all services rendered related to your foreclosure were completed. Under the terms of the enclosed Mortgage, you are responsible to reimburse your servicer for these legal fees and costs to the extent allowed by applicable law. 

The above statement may be true for a loan that has gone into foreclosure or a reinstatement. Neither foreclosure nor reinstatement occurred with my loan, which makes these fees fraudulent. Again, there was no foreclosure or reinstatement as indicated on the DISMISSAL ORDER. 

Unfortunately, this has caused undue stress and hardships for me and my family. I have made attempts to refinance the loan with a better service provider, and the lender was told that the fees were foreclosure charges. Once again, I am asking that these forged fees be removed from my account since they were paid in full, unrecoverable, and listed as a Restricted Corporate Advance Adjustment. 

The next step, if this is not resolved will be the Consumer Fraud Bureau and a civil law suit because no foreclosure or reinstatement occurred and no fees of {$2900.00} ever transferred to Select Portfolio Servicing, and that the only fees that transferred totaled {$470.00}. Select Portfolios consumer advocate is delivering untrue and erroneous statements to not only a consumer but to the Consumer Financial Protection Bureau as well, and has blatantly ignored a court order. I hope that when future documents are submitted that information be true, accurate and not invented to protect its employer, Select Portfolio Servicing. 
I hope that the actual and true documents provided by XXXX XXXX XXXX XXXX, Dismissal Order No. XXXX, and a true account history from XXXX XXXX XXXX, will clear up this confusion ; and that my loan be restored and fees removed retroactively from the loan so that I can refinance with a trust-worthy lender and move on. 
Respectfully submitted, XXXX XXXX XXXX Attachments : XXXX XXXX Account History from XX/XX/XXXX to XX/XX/XXXX SPS - Corporate Advance History 36 months from XX/XX/XXXX to XX/XX/XXXX XXXX XXXX XXXX XXXX Corporate Advance History ( Provided by SPS ) on plain paper on behalf of XXXX XXXX Dismissal Order No. XXXX Plaintiff complaint to Foreclose is hereby dismissed WITHOUT further cost, and Judgement of Foreclosure and Sale not previously entered

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