Consumer complaint received 2017-10-18
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: SELECT PORTFOLIO SERVICING, INC. (NY)

I am writing you today to express my frustration in working with XXXX XXXX on a mortgage modification under the Making Home Affordable program instituted by the Obama  Administration. I am at a loss as to what to do now that will encourage them to act in a timely manner to finalize a modification process that began over 5 years ago. It is my hope that in filing a complaint that a resolution regarding my application for a mortgage modification can be expedited, and pressure placed on XXXX XXXX to fulfill its obligation to act in a timely manner not only on my behalf, but on behalf of others that are facing the same obstacles regarding their applications for mortgage modifications. I find it very observed that I have been trying to get a loan modification for over years, and yet, till this date, we have not been able to resolve the issue. It has come to my attention that my loan modification was denied for a loan modification because the documentation was not received on time to review for the sales date of my property which is on XXXX XXXX XXXX. I have been consistently sending you required documentation, required clarification and and needed documents to satisfied the conditions. 
I want to bring to your attention also that this loan is an illegal loan. When the house and loan were purchased, I had no idea I was even the owner of the mortgage and the property. A friend of mine that XXXX XXXX years ago had purchased the property with a " Power of Attorney '' with out my consent. I did not signed any documentation regarding this loan and it was purchased illegally. The only reason I found out about this debt was because he stopped making payments, and it showed on my credit report this balance that I did not even know I possessed. I had tried to come up with a resolution regarding this debt, but it just keeps getting dragged along with the debt increasing, and you have not been able to come up with a resolution due to the fact that you do not know what to do because you know everything has been illegal. You have sue me under foreclosure, and demand me to pay back for a debt that I did not even signed for in the first place. I believe all the transfer from servicing companies has been illegal as well, because you are suing the person who did not signed for this mortgage. Now, you have a sales date assigned for XXXX XXXX, XXXX, and want me to reinstate the full amount, or will continue to process the auction sales. 
I want to rectify also that you have encountered " Dual Tracking '' on this process, because you knew we were working on a loan modification, but still took the initiative to continue the process of the foreclosure. To my knowledge, the process should be placed on hold until the review is completed. 
I want to bring up to this case that there are tenants in this property, that should not be responsible if you sell this house. In XXXX, it is illegal to rent a property that is facing foreclosure. We were forced to rent the property because not only are their household expenses, but also, this is the only income that can be present to you guys, as an investment property, in which you had requested to " rent the property ''. You are forcing us to rent the property illegally to work out a loan modification, when in the long run, you are suspending the loan modification review, and finalize this case in an auction sale, this is illegal, and I feel that you are doing this to wash your hands and make sure you are not responsible for this debt. I want to assure you that you are responsible as much as I am for the debt for the illegal empowerment of a loan, which I did not take out myself in the first place. 
We fought back and forth with you including the court. You have received everything you needed in regards to the Loan Modification process. Now I 'm not able to complete my modification and get out of trouble with foreclosure due to a misunderstandings and a misinformed process to resolve the loan modification. 
It is neither my intentions nor my fault that this debt has increased. I been trying to resolve this issue for the last 5 years with no results, basically with the same action, " I do not qualify because I do not have enough income '' when in reality everything is already clear, and you have records of this. I just find this really obnoxious and idiotic when you have a citizen like myself, asking for help, reaching out to you throughout all this time, just because I want to keep my home, my investment. In news reports I hear that XXXX XXXX claims to be overwhelmed with applications for modifications. As a result, your bank is top 3 worst servicer processing a modification. When times were good and banks were encouraging everyone to take out 1st, 2nd and even 3rd mortgages they did n't seem to have any problem keeping up with the high demand. Full documentation Mortgages could be initiated and closed inside of 2 weeks. Now, when someone asks for help, it takes years with no immediate results. I understand that across the country there are several lawsuits being filed against XXXX XXXX, some seeking class action status. I think it would be worth your time to look into doing the same on behalf of all Home Owners that are facing the same uphill battle with you XXXX XXXX as I am. Please take in consideration that I really want to keep my property. Please help me the best you can, I know I qualify for a better Loan Modification, and it would be under our best interest to qualify this loan.