Consumer complaint received 2016-10-07
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: Selene Finance LP (NY)

On XXXX XXXX XXXX I executed a trial modification with Selene Finance who claims that they are the servicer on my loan. I brought to my counsel 's attention at the time that there were some discrepancies in the modification. The main issue being that the calculations within the document were not the same. The outlined trial modification agreement asked for a payment of {$5300.00} on XXXX/XXXX/XXXX, which was prior to the date we had to accept, and then the monthly payment was to be {$2500.00} on the XXXX of the month there after. 

Had we taken the option to have the payments ACH'ed from my account the payment structure was {$3500.00} on XXXX/XXXX/XXXX, {$2900.00} on XXXX/XXXX/XXXX and then a monthly payment of {$2500.00}. Over the term of the trial modification there is a difference of {$3900.00} between the XXXX. I accepted the trial mod as there was no response ever given and I feared losing my home. Every month I made payments timely. In XXXX of XXXX I was offered a permanent modification. The terms stated that the principal and interest payment was {$580.00} and the taxes and insurance were {$220.00} making the monthly payment {$800.00}. We reached out to Selene thru my new counsel and questioned the new payment and addressed that as per the trial modification there was to be a forgiveness on the deferred payment of {$100000.00}. 
On XXXX XXXX we received an addendum to the permanent modification that was a {$75000.00} principal reduction. This again not being what was outlined, we asked again for the modification to be reviewed and offered in line with the trial mod. On XXXX XXXX, XXXX we received a new permanent modification. This time the principal and interest payment was {$1700.00} and the taxes and insurance were {$800.00} making a monthly payment of {$2500.00}. Again there in no forgiveness on the deferred payment as outlined in the trial modification. We have continuously asked for an explanation, a calculation of the payments received since XXXX as these were not deducted in the final modification and a modification that is dated in line with the present day. The XXXX modification still states XXXX. 
On XXXX XXXX, XXXX there was a Notice of Sale given with a sale date of XXXX XXXX, XXXX. I have not missed a payment to date, and all I have asked for is clarity and a modification as I executed back in XXXX of XXXX. None the less, Selene moved for a sale date on my primary residence. This too being a breech in the trial modification outline that stated as long as we remained current under the terms of the agreement the foreclosure will be placed on hold for the term of the agreement. This being the second breech as they moved for summary judgement on XXXX XXXX XXXX after I executed the trial modification agreement and Selene accepted my money and continuously did since XXXX of XXXX. 
In addition, to these issues as stated in the trial modification the lender will report the loan to the appropriate reporting agencies with the comment " paying under a partial payment agreement ''. My credit report just states that I am 120 days + delinquent. I have made payments as per outlined in my agreement and agreed to my end of the agreement. All the while Selene has broken and violated almost every portion of their end of the agreement. They have not offered a permanent modification in line with the trial modification, moved for summary judgement and a sale date on my home, and break FCRA and FDCPA statutes I feel that I am being bullied and manipulated into signing something just so that I do not lose my home in 21 days. 
They are constructively using elder abuse as they know I am a XXXX. I also have asked who the " lender '' is and have received no response.I am entitled to know who the lender is, especially when the modification papers state that Selene is servicing for XXXX XXXX. When i mentioned XXXX XXXX I was told they are not the lender.