Consumer complaint received 2016-03-10
Company: SELECT PORTFOLIO SERVICING, INC.
State: CA
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
I am a divorcee who had ( XXXX ) XX/XX/XXXX XXXX Predatory Lending loans. 
I have a trustee sale date of XXXX/XXXX/XXXX, but I can prove I am not in the trust that is moving against me. SPS ' response to my debt validation request was to say that XXXX as trustee for a securitized trust " owns '' the notes, but my loans are NOT in that trust. I have asked that they at least postpone the sale until they have provided information in response to my concerns. 
SPS, insists that the sale will occur on XXXX/XXXX/XXXX regardless of my claims. 
Their are many issues associated with the standing issue. None of the actions taken against me would have been by the correct party, the Notice of Default, the recording of assignments would all be invalid. 
Legal documents that were used against me relating to bank standing were altered. The copies of notes used to prove bank standing had undated indorsements in blank. In XX/XX/XXXX in response to a QWR, XXXX sent copies of these notes stamped " Certified Copy of Original Document '' which have no indorsements. 
There are also several serious servicing issues with XXXX and then SPS who was substituted in as servicer for XXXX. When the servicing was moved from XXXX I was in underwriting, at the very end of a modification for both properties. SPS refused to continue the modification that was in underwriting at XXXX. 
SPS has violated many servicing regulations, including Single Point of Contact, Dual Tracking, and the requirement to offer foreclosure alternative solutions in good faith. They send letters saying that those opportunities are available, but SPS has blocked every attempt I have made for a foreclosure alternative. Since they stopped the modification I had in underwriting at XXXX, I have not had the opportunity to utilize any foreclosure alternative. Many servicers are intentionally deceiving and misleading both the borrower and the regulatory agencies, pretending to follow servicing guidelines and requirements, when they are actually trying to sell the property. SPS said they had opened a short sale and I would have four months to list the property and find a buyer. They kept putting me off when I called and then said they could n't open the program because I did n't have a listing. I got a listing which was emailed to them. They emailed confirmation of receipt and said they would respond in writing. They did n't. Then they told me that they had closed out the short sale program because I did n't have " an offer in hand! '' This entire time, they refused to send me any confirmation in writing that I was actually in the short sale program and continued efforts to sell the property at trustee sale. When I told them they were dual tracking, they said that technically they were n't because " they had never actually approved the program. '' This is commonly done. I know that I am one of many borrowers who have met with these same experiences. 
Please look into this situation and, if possible, pressure SPS to stop the sale until all issues have been addressed. 
Thank you.

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