Consumer complaint received 2017-01-20
Company: Selene Finance LP
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Selene, asserts that my loan delinquency first began on the date of XX/XX/2016. 
However they received payments from me in the amount of {$1500.00}, which posted on XX/XX/2016. This payment would have covered XX/XX/XXXX and XX/XX/2016. I also posted a payment with Selene in the amount of {$900.00} on XX/XX/2016 and I have the receipt to prove it. I was then instructed by a supervisor named XXXX at the time, to make double payments again in the amount of {$1500.00}, and this " plan '' would bring my account current XX/XX/XXXX. The payment of {$1500.00}, posted on XX/XX/2016. I had even made my payment for XX/XX/XXXX, on XX/XX/2016, via money gram this payment was returned with the others to my surprise. 
However something strange happened during the time I was completing the payment plan. I received a notice that my loan ownership was being transferred to XXXX and the next thing you know ; all of the payments that I had made to Selene were sent back to me. My arrangement was likely broken by XXXX, the alleged new owner which only has interests in foreclosure to my home rather than working with me. The fact that I had a previously outlined agreement in which to bring the loan current shows gross negligence on the part of not only Selene, but also the alleged new owner XXXX. XXXX and Selene, is and has attempted strip my property of all its positive equity and foreclose on my home, illegally. This type of greed and deception has been identified on multiple levels with this matter as well as past case law will provide against Selene and its constituents of cronies. 
Furthermore, per the non-judicial foreclosure process in Texas, it is required that there be a " power of sale clause '' within A paragraph in the mortgage that authorizes the non-judicial foreclosure process is be used. 
There is no " power of sale clause '' within any paragraph of my mortgage, allowing for a non-judicial sale in the event of my default. 
My loan was not 120 days delinquent at the time it was remanded to foreclosure review which is in violation to Texas non-judicial foreclosure procedures. Selene had not applied payments properly which in turn distorted my payment accounting ledger in Selene 's system. 

Furthermore, my loan was referred to a foreclosure attorney on XX/XX/2016, during my regular communication with Selene. I received no default notice of any kind from the alleged foreclosing attorney XXXX, XXXX XXXX XXXX XXXX XXXX XXXX # XXXX, XXXX, TX XXXX. I have not received a 30 day breach letter in pursuant to the terms of the deed of trust and XXXX XXXX XXXX, has violated all forms of precursory events required by law, prior to auction sale can occur. 
I demand and implore your agency to place an " automatic stay of execution of sale '' to my home based on the violations outlined within. I 'm prepared to file federal civil litigation action as well as a temporary injunction order, to fight this heinous abusive behavior of my predators. Selene, XXXX and XXXX XXXX XXXX, will pay for their transgressions and will be held accountable for what they 've done.

Company response to consumer: Closed with explanation