Consumer complaint received 2017-08-25
Company: SELECT PORTFOLIO SERVICING, INC.
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
SPS, has denied the agreed to loan modification for the amount of {$1100.00} which was negotiated through Nevada 's Loan Modification Program due to an SPS perceived and arbitrary technicality of not returning a signed acceptance agreement paper which I never received. SPS does not have proof through a signature for delivery that it was actually delivered to me. 

I continued to pay the agreed to amount past the original trial period date and after SPS had arbitrarily placed a drop dead date for acceptance by me in the one acceptance letter, I never got, and had to be returned to SPS by a certain date. SPS also continued to accepted loan modification payments after said drop dead date which should have made the loan modification payment a legally binding agreement. 

The agreed to loan payment of {$1100.00} was based on my income, which has not changed, and was paid as agreed during the trial modification period and three months after that until SPS sent back my payment in XXXX. It was not until my own investigation into what was happening with my Loan Modification that I was informed by SPS they had arbitrarily canceled the Loan Modification and a few days later I received my XXXX payment back from SPS. 

I was then informed by SPS that if I wanted to continue with a new trial loan modification it would be with a payment of {$1700.00} a 53 % increase in payment. A payment that was arbitrarily derived by SPS. I provided SPS with the necessary information that my income has not changed and that I am not able to afford that payment with the income I make and would agree to continue to make the {$1100.00} payment since there has been no substantial change in my income from the original meetings I had with SPS during the Loan Modification meetings where the {$1100.00} payment was agreed to. 

Now for the fourth time now, SPS wants me to redo the paperwork for them. I have spent the last year trying to get SPS to uphold the agreed to payment of {$1100.00}. Yet SPS continues to use delay and threatening tactics of foreclosure because they did not receive an affirmation agreement letter which was time sensitive and was supposedly left on the porch of my property, where anyone could have taken it ( which happens quite often in the area I live in and continues to happen ) or had it blown away. If this letter had the importance that SPS places on it then why did they not send it signature required or multiple times as they do with all the other threatening letters. I have at time received 15 or 16 different copies of the same letter sent to me from them. Yet the one letter that was time sensitive and would have finalized the agreed to payment of {$1100.00} was sent once and left on the ground at my front porch unprotected and not even a copy sent to my mailbox where at least it would have had some protection nor sent via e-mail. 

SPS states they sent follow up letters but again have no proof that it actually made it to me. SPS even had the opportunity to e-mail me regarding this important finalization of the loan mod agreement but did not. 

I do not know why SPS denied the loan modification due to not receiving an arbitrary signed paper from me when I had continued paying the agreed to amount in XXXX, XXXX, XXXX and XXXX. SPS, even though they did not receive the signed paper back from me they accepted and continued to accept those payments. It was n't until XXXX when they finally returned my payment several months months after the letter was due back to SPS. Which in any court of law would be considered acceptance by both parties. 

SPS keeps stating that I do not want telephonic correspondence, which is correct as I have no record of the conversation. I have never denied SPS to send me correspondence through electronic means ( e-mail ) and have even requested it. I certainly did not request SPS to send the one paper they needed to affirm the Loan Modification payment at {$1100.00} to only be sent and left on my porch, but that is what they did with out any copies being sent via regular mail or by signature required mail. 

SPS accepted payment of {$1100.00} after SPS 's required date of the loan modification affirmation letter being received by them. Which shows both parties agreed to those terms. It was n't until several months later did SPS return my payment and said it needed to be {$1700.00}. 

The arbitrary requirement of the signed acceptance back from me is nothing but a rouse and a way to steal my home from me. This is further perpetuated by SPS requiring me to pay a payment that had an imposed 53 % increase in my payment ( {$1100.00} increased to {$1700.00} ). 

SPS did not adequately nor appropriately notify me of their need for an affirmation letter of an already agreed to Loan Modification payment of which was being paid and accepted by both parties, even after SPS 's arbitrary  affirmation letter drop dead date. 

SPS prior responses have not indicated what figures they have used to come up with a 58 % increase in payment. 

SPS has not adequately responded on why only one letter was sent and left on my doorstep when it was such an important and necessary letter that was time sensitive. 

SPS action lead one to believe that they had no intention on having to live up to the prior agreed to payment. Had SPS wanted to live up to the prior agreement they would have and could have waived the self imposed arbitrary affirmation letter date and continued accepting my timely payments. 

SPS tactics have been self serving and should be held to the prior payment of {$1100.00}.

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