Consumer complaint received 2018-02-09
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: SELECT PORTFOLIO SERVICING, INC. (HI)

Select Portfolio Servicing ( SPS ) has continued to not resolve the dispute that had led to the filing of CFPB complaint numbers XXXX, XXXX, XXXX, XXXX, XXXX, and XXXX against SPS and XXXX and XXXX against XXXX with the CFPB. None of the complaints have been resolved. 
This is the seventh complaint that has been filed against Select Portfolio Servicing ( SPS ). They continue to not resolve the dispute I have stated in every complaint. It has come to my attention that they are not informing the mortgage holder of these disputes, and that the mortgage holder does not know that the mortgage may be void and unenforceable according to Hawaii law. If a foreclosure is filed on the property it will go to mediation, but if a foreclosure is filed then it will be filed by the mortgage holder and not by SPS. By not informing the mortgage holder, which is XXXX XXXX, SPS has given the mortgage holder a defense in court. That defense will be stated as : we didnt authorize SPS or XXXX to state or say that This means that SPS and XXXX do not have to abide by laws because they have nothing to lose. This action taken by SPS should be illegal and tantamount to fraud. I have repeatedly stated in writing and said verbally, that if the mortgage is proven valid then I will begin making payments again after the agreement between XXXX representatives and myself has been upheld. There is no need to foreclose on my home. Foreclosure is a waste of money since these same issues will be brought up in mediation, which will result in the same conclusion by the court. The court will rule that either the mortgage is void and unenforceable or that XXXX XXXX will have to abide by the agreement made between XXXX representatives and myself and be ordered to add the missed payments to the end of the mortgage, clear my credit record, and order me to resume payments, which I have agreed to do multiple times since this dispute began in XX/XX/XXXX. 
In the latest correspondence from XXXX they have now accelerated the mortgage and are demanding full payment. They still refuse to honor the agreement between XXXX and myself and though in every complaint I have made to the CFPB and to them directly they have continually failed to resolve the issues. 
I received a letter dated XX/XX/XXXX from XXXX XXXX XXXX. The letter stated that I am in default on my loan and listed several options to help me. The second option was Payment Deferral. This has never been offered before by SPS. I have consistently complained to SPS, since SPS took over the account from XXXX that the reason I have stopped making my payments was because XXXX did not honor the agreement that I had with them when the Disaster Relief Program ended. At that time the 6 months of payments that I had missed while on the program was supposed to be added to the end of the loan and I was supposed to resume making my payments in XX/XX/XXXX. XX/XX/XXXX representatives called that a Workout. In this letter SPS calls it a Payment Deferral. This has been the subject of six complaints to the CFPB directed at SPS and two complaints to the CFPB directed at XXXX. These complaints should be made available to the mortgage holder to review so I will not list them here. Now SPS is offering a Payment Deferral, which as I have stated in every complaint, would clear this matter up. However, now they expect me to give them documentation similar to what is required for a modification. I refuse to do this because it was not required when I was on the Disaster Relief Program and should not be required now. I will only abide by the deal between XXXX representatives and myself. SPS and XXXX have been severally, and illegally, hurting my Credit Rating for years because of my protest, now SPS is offering me what was offered to me by XXXX in XX/XX/XXXX, which XXXX did not honor. The only one that should be able to report to the credit reporting agencies is the mortgage holder, not the mortgage service whom has no responsibility in a foreclosure proceeding. 
I also complained to the CFPB that XXXX purposely dragged out my mortgage Modification in XX/XX/XXXX to XX/XX/XXXX, a charge they have repeatedly denied multiple times and also in both complaints to the CFPB. In a letter from XXXX, dated XX/XX/XXXX, they stated : We found that we may have made an error while we serviced your loan that could have extended the document collection period during our review of your application for mortgage assistance. Weve enclosed a check for {$100.00} as compensation. Then the third paragraph stated : We sincerely apologize for not providing you with the level of service you expected from us. Basically this states that we are sorry for extending the time it took us to modify your mortgage while it continued to add payments to the modification at 8.1 %, which we added to the back end of your loan costing you several hundred thousand dollars more than the home is worth than it would have cost you if we had done our job correctly. So does the CFPB, SPS, or XXXX XXXX think that XXXX did not do their job when they did not honor the agreement that we had on the missed payments being added to the back end of the loan in a Workout during the Disaster Relief Program? As I have stated in every single complaint to the CFPB and directly to XXXX and SPS previously, if the payments that I have missed since XX/XX/XXXX were added to the end of the loan as agreed and my credit report is cleared of 180 day late designations and replaced with NR designations, thereby fixing my credit report, then I will gladly begin making payments again. XXXX and SPS are both guilty and I am not going to be penalized for XXXX and SPS deliberate mistakes or should I say illegal activity. Too much damage has been done to me because of this and neither can fix what they have done to me beginning in XX/XX/XXXX through today, but they can clear this up now. And I still dont have any proof that the mortgage is valid according to Hawaii law, which is why I assume that XXXX and SPS is attempting to repair their wrong doing and hide their illegal activities. The mortgage holder should be made aware of all of the complaints, all of the correspondence and all of the verbal communication, which has been recorded between XXXX and SPS and myself. 
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 XX/XX/XXXX. They have provided a statement that the foreclosure has not been converted from a non-judicial foreclosure to a judicial foreclosure as they have claimed previously. 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 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 180-day late notices on my credit reports. Also, SPS and 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 XXXX turn over the recordings, and their repeated statements that the matter has been resolved has led to these drastic actions. I am sure that the mortgage holder has not been informed of any of these complaints by either SPS and XXXX. If they had been then I am sure they would attempt a resolution.