Consumer complaint received 2016-02-23
Company: Specialized Loan Servicing Holdings LLC
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I am writing this complaint to address the recent RESPA ( CFPB ) and California Homeowner Bill of Rights ( CA HBOR ) violations to perpetuate foreclosure. Being that this is the primary residence for me and my family, we are afforded additional consumer rights that are being violated by Specialized Loan Servicing. 

RESPA ( CFPB ) VIOLATIONS Per the CFPB and RESPA, a mortgage servicer is required to provide a single point of contact ( SPOC ) once the mortgage loan is in the RMA review process. XXXX, the prior SPOC, was removed from the mortgage loan before the 30-day appeal period and no other representative was assigned at SLS. We submitted an appeal that stated that we were presenting new income to open a new RMA review and there was never any missing docs letters that went out nor was there any outreach effort by the assigned single point of contact per our knowledge prior to her removal from the file. This is not only a violation of RESPA but also the CA HBOR. 

A sale date is still pending for this Thursday, XXXX XXXX, 2016. We request an immediate postponement due to the fact that we were not afforded our consumer rights per RESPA ( and the CA HBOR as explained below ) and SLS continued on with foreclosure after new income was presented to warrant a new RMA review. Please have SLS halt the foreclosure to allow for a full RMA review to retain our primary residence. 


CA HBOR VIOLATIONS We reside in the property located at XXXX XXXX XXXX XXXX XXXX, XXXX, California XXXX, making it our primary residence and affording us the rights within the California Homeowner Bill of Rights ( CA HBOR ). Under the CA HBOR, we are not only guaranteed a single point of contact ( SPOC ) but we are also guaranteed a dual-tracking free review process. Basically, we are required to submit a loan modification application ( RMA ) and the servicer is to stop the foreclosure. Unfortunately, Specialized Loan Servicing did not even process the new RMA that was submitted well in advance for the pending sale date and disregarded submitted documentation to violate our consumer rights and to perpetuate an unfair and deceptive foreclosure. 

A sale date is still pending for this Thursday, XXXX XXXX, 2016. We request an immediate postponement due to the fact that we were not afforded our consumer rights per the CA HBOR and SLS continued on with foreclosure after new income was presented to warrant a new RMA review. Please have SLS halt the foreclosure to allow for a full RMA review to retain our primary residence. 

We were notified on XXXX XXXX, 2016, that a resolution letter for the appeal was dated for that day and mailed out to us in the regular mail ; the representative that we spoke with named XXXX ( Agent ID # XXXX ) could not guarantee that the SLS response would be received before the home was scheduled for foreclosure, which is undeniably violating in multiple ways, especially when there is a new XXXX pending for review. More time should have been afforded us with regard to a decision of this magnitude. This is further evidence that there have been some unfair, deceptive and abusive acts and practices ( UDAAP ) being utilized by SLS. 

Due to the time sensitive nature of this QWR with a sale date pending for XX/XX/XXXX, please expedite your response. Thank you in advance for your assistance with this matter and I look forward to an immediate response.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation