Consumer complaint received 2017-06-29
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: SELECT PORTFOLIO SERVICING, INC. (CA)

Dear Sir or Madame, in XXXX of 2016 I applied for a loan Modification upon approval of a Trail Modification Loan Modification the very next day the Servicer SPS Inc directed the Trustee to proceed with Foreclosure. They were clearly Dual Tracking which violates both Federal and State laws in California. Upon Notifying the Trustee and SPS Inc I received a response from SPS that the believed that they were within their Rights, Dual Tracking is not within their rights and they have added foreclosure charges that I would have not incurred had they followed the law. This is clearly not true for any Company to violate any Federal or State Law. I have attached the letters sent to both the Trustee and Servicer which indicate the dates when the laws were violated.The response that they have come up with is we have not set a sale date which does not adequately answer why they Dual Tracked in the first place. <P/>On Several Occasions I have written by certified letters, emailed, and called to speak with my point of contact which is also a provision of the Federal MSA and California HBOR. To date I have not been given the opportunity to speak with him or the original point of contact that I requested to speak to and keep being passed to customer service reps who are reading an incomplete file not knowing what is going on and being told to email into a group email box that is not for the specific point of contact. This has been over a 10 month period. I want to speak directly to the Relationship manager XXXX XXXX and I want an appointment scheduled and I need him to know every detail of my file as he is required to. While processing my HAMP application there were several errors that SPS included in their results and denials yet they have not been willing to do anything but recently tell me to submit more documentation when they know the HAMP period has expired. I should not have to submit any more documentation because they let it expire. If they can not keep up with the records that they are supposed to then that is their internal issue. On the first modification that was sent I wanted to know the terms of the modification. it was an In house Trial Modification and when I would not sign because I was not provided the terms they allowed the modification to expire and then within a 2 months sent me another that had increased payments in excess of 800.00/ month and then told me I was not qualified for HAMP based on their calculations which did not include accurate information.They included wrong insurance payments, wrong income, and an association dues which I do not even have to calculate if I was qualified and then stated it was not in the investors best interest. I worked for XXXX as a XXXX XXXX so I have seen this strategy many times. I was very specific in the information I attached with the application and that is the information that should have been used not made up assumptions. When I notified SPS they did nothing. I want something done about this so either I can move on with a Chapter XXXX or they can provide an adequate modification using the correct information. And becuase they were not within their right to file the NOD at the time they did, it needs to be rescinded need them to address how a modification goes from XXXX in 2 month time frame with no explanation.