Consumer complaint received 2017-07-23
Company: SELECT PORTFOLIO SERVICING, INC.
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This complaint has been batted back and forth with SPS saying that they have serviced the loan properly and legally. This entire issue cumulated from an agreement for a Trial Loan Modification that was mediated through Nevada 's required Loan Mediation process. This process took a total of three face to face meetings with a mediator, a SPS representative and myself. During these mediation meetings I provided the mediator and the SPS representative with my income, payments and budget. These meetings formulated the agreed to payment of {$1100.00}. A payment which I would be able to afford. I made this monthly payment, as agreed, to SPS from XX/XX/XXXX thru XX/XX/XXXX, a total of 8 payments. When I had made my 3rd monthly payment in XXXX I figured that the temporary loan modification had automatically became a permanent loan modification. After all I continued to make the agreed payment and SPS continued to accept the payment of {$1100.00} for an additional 5 months beyond the temporary loan modification period that ended in XXXX. I never received any paperwork nor was contacted by SPS stating anything was wrong with my Loan Modification during this 8 month period. With the new year and thinking about taxes and setting budgets and having paid my XXXX payment to SPS, I contacted SPS to see when I would be receiving a statement that would indicate the payments I have paid and if I would be receiving permanent loan modification paperwork for my files. I was shocked to be told that my loan modification had expired back in XX/XX/XXXX and that SPS had sent me my final agreement via overnight mail which shows that it was left at my front door in XXXX and that it was not returned by the due date of XXXX. I advised them that I had not received any piece of mail left at my doorstep in XXXX. SPS advised me that the loan modification that was agreed to was no longer valid and that I would have to contact my Customer Relations Manager. A few  days after my phone call I received my Cashiers Check for the XXXX payment of {$1100.00} I filed a complaint thru CFPB just after that and then received a " revised '' temporary loan modification agreement for {$1700.00} approximately several weeks later. This revised payment is above the amount sustainable for me to make and an increase of some 53 % of my originally agreed to amount of {$1100.00} I am of the opinion that SPS has not serviced this loan in good faith, nor acted in good faith and have taken advantage of my current situation. SPS placed all the beans in one basket by sending the one piece of paper that would have made my temporary loan modification into a permanent loan modification and leaving it on my doorstep. Apparently SPS did not feel that this form was that important to require a signature or they hoped that it would just get lost so they could collect more funds out of me while still denying my permanent loan modification. This form apparently only required my signature approving the loan modification. My continued payments in XXXX, XXXX and XXXX were accepted by SPS although according to SPS the loan modification was deemed expired in XXXX. Why then did SPS accept my payment if the loan modification had expired? Does n't SPS and I actually have an agreed to permanent loan modification by having made the payments of {$1100.00} after the temporary period and SPS accepting those payments? How did SPS come up with an increased payment some 53 % higher than what was previously agreed to when nothing in my financial situation has changed since our original mediation meeting?

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