Consumer complaint received 2020-12-11
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: SELECT PORTFOLIO SERVICING, INC. (CA)

I have had many problems with Select Portfolio Services which bought the servicing rights in XX/XX/XXXX. 
Since that time, I have had an ongoing dispute with SPS regarding past due payments not credited and accrued interest and excessive escrow charges. SPS has never resolved this issue to date even though I have submitted documents and bank statements to prove this dispute. 
My problem with them now is that I have been making payments on the mortgage since XX/XX/XXXX and that was during a Covid-19 Forbearance which SPS was offering to borrowers beginning in XXXX and ending XX/XX/XXXX. I was not required to make payments but I did proceed to make payments and have continued to do so sinceXX/XX/XXXX. 

I filed a RMA Request for Mortgage Assistance in XX/XX/XXXX to which SPS responded stating that the only option they are offering is a deed in lieu of foreclosure. 
I responded disputing their offer. I am a senior citizen of XXXX years and my home is my only asset and I can not afford to lose my home. They have other options they can offer to me especially that I have been making payments on the mortgage account in good faith. 
Therefore I sent a dispute letter to SPS in response to their denial of mortgage assistance to me and their offer of a deed in lieu of foreclosure. 

I paid {$30000.00} to SPS on XX/XX/XXXX after requesting SPS to give me a repayment plan for my mortgage arrearages of which I am disputing the amount. 
SPS then sent me a repayment plan with a monthly payment of {$6900.00} more than twice the amount of my mortgage payment of XXXX. I told the Ombudsman Department IU could not afford this payment and requested a monthly payment I could afford such as {$4200.00} per month. SPS refused to grant my request and in XXXX, XXXX sent me a notice of default on my mortgage. 
Then with the advent of Covid, SPS offered me the above mentioned Forbearance agreement according to which I was not required to make payments. Despite this I did make monthly payments and have continued to do so since XX/XX/XXXX. 
I have been trying to raise funds to pay down the arrearage they are claiming of approximately {$98000.00} However I am disputing this because according to their pay off demand, the total in arrearage is {$72000.00} for interest and escrow arrearage. However they are claiming {>= $1,000,000} according to the current mortgage statement. 
Just yesterday XX/XX/XXXX, I received a call from SPS that my mortgage has been referred to an attorney for legal action. 
This is despite my making monthly payments. 
This is despite my relying upon the Forbearance Plan dated XX/XX/XXXX upon which am relying. 
I understand SPS referred my account to an attorney for legal action on XX/XX/XXXX three weeks after sending me the Forbearance Agreement a copy of which is enclosed. 
When I spoke with a SPS representative yesterday, I was told that the XX/XX/XXXX forbearance was sent in error and that SPS is retracting the letter. 
I am disputing this action as being unfair business practice and illegal because I was relying upon this Forbearance Agreement and have been making good faith payments on my account until I can come to an agreement with SPS on a home retention option. 
In addition, SPS wrote a letter dated XX/XX/XXXX, subsequent to their referring my account to an attorney on XX/XX/XXXX, inviting me to submit a RMA Request for Mortgage Assistance a copy of which is enclosed and to which I will respond to them by sending SPS an application for mortgage assistance. RMA/