Consumer complaint received 2017-07-18
Company: SELECT PORTFOLIO SERVICING, INC.
State: HI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Select Portfolio Servicing ( SPS ) has continued to not resolve the dispute that had led to the filing of complaint numbers  XXXX ,  XXXX ,   XXXX   and   XXXX   against SPS and   XXXX   and   XXXX   against  XXXX  with the CFPB. None of the complaints have been resolved.
In each of SPSs letters responding to my complaints, they do not adequately answer any of the questions that I have asked. They have not provided any evidence that the mortgage originator and mortgage broker were licensed in Hawaii at the time I received my mortgage. If they were not, then the mortgage is void and unenforceable, a precedent set by a Hawaii Supreme Court decision in  XXXX . They have not provided any evidence that the foreclosure proceedings, if filed, have been converted from a non-judicial foreclosure to a judicial foreclosure as they claim. They have not investigated my claims of an agreement I had with   XXXX   prior to SPS taking over the servicing of the mortgage, that are detailed on recordings that   XXXX   owns. SPS states that  XXXX  does not have any evidence of the agreement. The agreement is stated on the recordings and without hearing the recordings, which is the evidence   XXXX   is suppressing, then my complaints will continue until   XXXX   and SPS comply.
SPS continues to mislead the CFPB by stating that they have tried to reach me by telephone but fail to acknowledge that I have returned their phone calls when they leave messages. I reviewed my caller ID this morning and found more recent phone calls from SPS were made but there werent any messages left on my voice mail. This is another deception by SPS to attempt to deceive the CFPB into thinking that I am unreachable and do not return phone calls. If a voice message was left I have always returned the call. I can not see caller ID when I access messages from a remote location. If a voice message was not left I have no knowledge of the call.
SPS continues to state in their correspondence that they are committed to helping people retain their homes. I have given them every opportunity to honor the   XXXX    agreement, which is listed in all of my CBPB complaints. Once they honor the agreement I will gladly resume my payments. They also must fix my credit report because I would have resumed my payments as agreed in  XX/XX/XXXX  if the agreement I had with  XX/XX/XXXX  was honored at that time. As stated in previous complaints, I am continuing to get punished by negative reports on my credit report because I do not have another option to defend myself in this dispute. As previously stated numerous times over the last few years, I can resume my payments at any time, but SPS can still foreclose and will continue to designate  XX/XX/XXXX -day late notices on my credit reports. Also, SPS and  XX/XX/XXXX  do not have offices in Hawaii so I can not subpoena the recordings. I am confident that if a foreclosure is filed, and the mortgage is not void and unenforceable, that the Judge will order the recordings I have continually requested, delivered to the court. I have made every effort to keep a foreclosure from proceeding but SPSs continuing refusal to demand  XX/XX/XXXX turn over the recordings, and their repeated statements that the matter has been resolved has led to these drastic actions.

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