Consumer complaint received 07/19/2017 about Mortgage (Conventional home mortgage) with Selene Finance LP (CO).
Issue: Struggling to pay mortgage

Complaint: Selene Finance continues to try and conduct an illegal foreclosure to cover up the errors made by their own agents. I can document this information and am currently dealing with the legal department at XXXX XXXX in an attempt to straighten this problem out, but am facing a foreclosure sale date of XXXX XXXX. Selene Finance continues to insist that I received a deferment on my loan in the past, thus I am not eligible for another or for any options. This is false. In the spring of XXXX I applied for a loan modification from XXXX XXXX, who was the servicer at the time. I explained that my ex-wife was on the note, but she had deeded over her interest in the property. They said she would not need to sign the modification as long as I sent them a copy of my divorce decree and her deed of trust. I did this and they received them. They never asked for nor received any financials from her. They set up a modification plan and told me I needed to pay the payment for 3 months to show I could afford it. I did this and they told me I needed to keep making this payment until they got the final paperwork done for the modification. This took 2 more months and I made 2 more payments. When I received the final modification documents they had my ex-wife 's name on them as a co-signer. When I called to tell them this they said I should whiteout her name and sign the documents. I did this and made 1 more payment, and then they called and said the modification could not go through without her signing on it. She refused to sign and so the modification was canceled. When Selene took over the servicing and started the foreclosure process I asked why the almost {$9000.00} in payments had not been credited as payments and they said since the modification did not go through these were not considered payments and Selene Finance just kept the money. Not only is it unethical to accept payments and fail to apply it to my account, it is illegal. XXXX XXXX agreed on a modification, then went back on their word and took it away. The servicing was transferred to Selene Finance and they kept the almost {$9000.00} in payments and refuses to give an accounting of these funds or apply it to my balance.
Then Selene Finance tells me one of the reasons I am being turned down for a loan modification is because I already had a deferment on this loan. This is just one more reason Selene Finance should be required to give a modification and be punishedI am not surprised, since Selene Finance has already been fined by the government for unethical behavior. Selene Finance has repeatedly tried to set an auction date. I sent all of the required paperwork in, but they said they would not review it because it came in too late. At this time I am trying to work with the foreclosure law firm for Selene Finance, but dont feel good about it and am concerned they will sell my house out from under me, even though I clearly qualify for help and was misled by the agents at XXXX and Selene Finance

Company response to consumer: Closed with explanation