Consumer complaint received 2019-03-20
Company: SELECT PORTFOLIO SERVICING, INC.
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Bait and Switch tactics, refusal to supply requested legal documentation, refusal to supply requested information requested by Notices of Dispute, Notices of Error, Notices of Appeal, Qualified Written Request and verbal/written requests. 

Dear Madam or Sir : My financial situation has changed ( improved greatly ) since XX/XX/XXXX and I was told by Select Portfolio Servicing representatives that this does not matter and that SPS will not accept my documents. After repeated requests to re-examine my new financial situation for a fair modification, not a huge re-payment plan, SPS still  denies me of my offer to re-submit new financial documents, discriminating against me. 

Here is a timeline of my correspondence with SPS showing how I have requested MANY times to resolve disputes by requesting an appointment to travel to XXXX XXXX XXXX where I was originally told SPS held these  crucial original documents for my and my legal teams review. As you will see, I have been given nothing but the run around and delays yet the Sale Date of XX/XX/XXXX continues with these Disputes as well as Appeals unanswered. 
I am again asking for the following information, appointments, verifications which have all been requesting in official Notices previously yet NOT observed nor fulfilled by SPS : 1. ) I am requesting a thorough breakdown on the details used to deny me a modification and how SPS came up with this ridiculously high Repayment Plan. Especially since I have previously completed a Trial Plan making 5 payments instead of 3 as stated. I never received the modification documents I was told was in the mail! 
2. ) I am requesting that SPS review my changed financial situation in order to obtain a fair and affordable modification 3. ) I am requesting that my Qualified Written Request be answered with full details. Please include documents, breakdown of meaning of codes used, fees broken down and explanations that are understandable. 
4. ) I am requesting an in person appointment for me and my legal team to view in person the original Note and Deed of Trust held together at a SPS location I was told in XXXX XXXX XXXX. I also want to view the full Chain-Of-Title including all Assignments and Substitution of Trustee legally  filed/recorded documents to show us how SPS/XXXX have legal standing to service this loan. 

XX/XX/XXXX SPS REP. XXXX XXXX I requested the XX/XX/XXXX sale date to be postponed so I could re-submit documents for a modification not a repayment plan as the plan is 3 times what my initial payment I defaulted on was. This will ADD to my hardship not help me! 

XX/XX/XXXX-XXXX SPS Ombudsman Dept. Rep XXXX XXXX Concerning my Notice of Dispute/Error ( S ) He acknowledged that I had previously requested on XX/XX/XXXX a personal viewing of the Wet-Ink signature ( s ) of the Note and Deed of Trust, full chain-of-title ( including Assignments and Substitution of Trustees ), and was told again that it was in process and could take 4-6 weeks. 

XX/XX/XXXX XXXX SPS Ombudsman Dept. XXXX XXXX-I was told SPS had not received the proper legal documents requested yet on XX/XX/XXXX from XXXX XXXX, the proposed legal owner, and that I was to keep checking back for their arrival. At that point they would set an appointment for me to review by their advocacy department. 

XX/XX/XXXX XXXX SPS REP XXXX  XXXX Acknowledged that SPS had received my Notice of Dispute/Error ( s ) and also my Notice of Appeal for a modification instead of the Repayment Plan that was 3 times as high as my original payment. I was told all had been received and it was being handling by their Advocacy Department in escalations. 

XX/XX/XXXX XXXX SPS REP XXXX XXXX I was told that my file was in Dispute Status and also Appeal Status and that my requests were being view I asked if I could speak with someone in this department and I was told no, they do not take phone calls. I requested that the XX/XX/XXXX sale  date be postponed and was denied so I asked to speak with a supervisor as this was Dual Tracking! I asked to speak with a supervisor. 
I was then transferred to Ombudsman Dept. XXXX XXXX and formally requested again that the XX/XX/XXXX sale date be postponed so we had time to receive and review their answers to my Appeals and Disputes. This was noted in my file. Sale date NOT cancelled nor postponed. 

XX/XX/XXXX XXXX SPS Rep XXXX XXXX SPS acknowledged receipt of my Dispute Letter dated XX/XX/XXXX and that no matter what SPS was going through with the XX/XX/XXXX sale date rather in Dispute or Appeal status. 
XXXX-SPS Ombudsman XXXX XXXX in the Executive Office-I was told now that SPS had requested the legal documents from XXXX XXXX   back on XX/XX/XXXX and had not received them yet, even though it has been almost a month since my request. With this being said, SPS still WILL NOT cancel the XX/XX/XXXX sale date! This leads me and my legal team to believe that SPS/XXXX XXXX dont actually possess these documents and therefore, are trying to stall me in order to follow through with this illegal foreclosure as they can not prove legal standing to me or my legal team. This concerns me GREATLY and needs to be investigated immediately since they have not proven they have a legal right to modify OR foreclose! 

XX/XX/XXXX XXXX SPS Rep XXXX XXXX SPS acknowledged that my Disputes and Appeals were still in review and so I asked for the XX/XX/XXXX sale date to be cancelled/postponed until SPS could set up my appointment for review of original documents they stated they held as well as the information requested in both my Disputes and Appeals. Again, I was told that everything was in review and they would not cancel the sale date. I asked to be transferred to a supervisor : XXXX SPS Ombudsman XXXX- I was told that the legal documents have finally arrived at SPS and are being reviewed by their research Department. Until they have completed their review they will not set an appointment for me to drive to  XXXX XXXX XXXX to view. I was told to check in tomorrow for updated status. 

XX/XX/XXXX XXXX SPS Rep XXXX XXXX- After explaining AGAIN what I was waiting for, once AGAIN I was told that the XX/XX/XXXX sale date would not be cancelled/postponed even though none of my Notices of Disputes, Notices of Errors, Qualified Written Request or Notice of Appeals had been answered! I asked if the review was completed on the XXXX XXXX   original documents so I could schedule an appointment and was told it was not ready. 
It is obvious at this point that they do not have legal standing or they would have provided me access for viewing and would have cancelled the XX/XX/XXXX sale date in order for us to drive to XXXX XXXX XXXX for review, as per my legal rights provide and SPS is only interested in stealing my property in an illegal foreclosure on XX/XX/XXXX! 

Select Portfolio Servicing INC and XXXX XXXX XXXX  have NOT provided me with the requested documents, have not set up my appointment requested for review by me and my legal team, have not cancelled my XX/XX/XXXX sale date while in Dispute and Appeal Status and has committed dual tracking violations amongst many other deceitful, unfair business practices during this entire process. Sps seems to think that they are above our State and Federal Laws and do not need to abide by fair business practices with their completely deceptive work ethics in dealing with a homeowner. 

Until all of my questions have been answered to me and my legal team satisfactorily, as well as all requested documents obtained and reviewed, I am demanding that this illegal XX/XX/XXXX sale date be cancelled. I have filed a XXXX XXXX should SPS decide to illegally go through with this sale to which they will be held accountable to this illegal behavior. 

Thank you for your time and efforts, as I do intend to keep my property.

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