Consumer complaint received 2024-09-27 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: SELECT PORTFOLIO SERVICING, INC.
State: FL

Complaint narrative:
I am being forced into and escrow account by the loan servicing company. The mortgage was never set up to have the taxes escrowed and despite numerous attempts to resolve the issue with them they have refused to close the escrow. 
Since the onset of the mortgage I have never had my taxes or insurance escrowed as financially that does not work for me, so I opted to pay my taxes and insurance independently of my principal and interest on the mortgage. Everyones financial situation is different and for myself having an escrow account at the time was not going to work and that has not changed. I did not consent to this account being opened neither was there a need for it. 
It appears that this was done inadvertently by mortgage company because the property taxes for my home were paid on XX/XX/year>. Unfortunately my father passed away and my family went through a rather devastating period. I had to leave the country for an extended period of time. Upon my return to the XXXX the past due taxes in the amount of {$14000.00} were paid by me on XX/XX/scrub>XXXX XXXX XXXX 
On XX/XX/year> a rather large payment of over {$5000.00} was deducted from my account by the mortgage company and I was absolutely shocked as to what could have cause this. Upon contacting them I was informed that an escrow account was opened on the account because my property taxes were delinquent. I advised the agent that my taxes were no longer delinquent and were in fact paid since XX/XX/year>. I was advised to submit proof of the payment and the date when it was paid and that I would receive a refund of the excess deducted and the escrow account would be closed. This call was recorded so there is proof of same. I promptly complied and faxed the proof of payment and also uploaded same to the account portal within XXXX hour of talking to them. I then called back to confirm the documents were received and that time I was told that the escrow account could not and would not be closed because the owner of the loan doesnt allow it. I was also advised that they had made a payment for my taxes on XXXX XXXX which is almost a month after my tax payment was made on XX/XX/year>. I was also advised that the payment made by them was refunded by the county due the the fact that the taxes were already paid me since XX/XX/year>. Clearly there was no need for an escrow account or no need for them to pay taxes at that point and a simple check prior to opening the escrow account or a check prior to paying the money would have revealed that the taxes were already paid and nothing was delinquent or owing. I dont think I should be penalized or inconvenienced and forced into an escrow account that was not needed. I do not and have not had any issues in the past 5 years which is the life of this loan paying taxes or insurance. However due to circumstances beyond my control and rather unfortunate and devastating circumstances my family was torn and grieving and I was not as present. I have explained to them that I can not afford to have my taxes escrowed as that would be a financial strain and hardship to have an increase in my monthly payments due to the existence of an escrow account. The nature of my business and finances does not allow for that and I certainly do not wish to jeopardize my mortgage and disrupt my monthly budget and thats exactly what this increase in payment has already done and will do. I have never been late on my mortgage and my taxes have been consistently paid. There was no need for a escrow account as again payment was made XXXX XXXX almost one month prior to when the mortgage company made a duplicate and unnecessary payment. I was advised that notices were sent to my home regarding this but as mentioned i was outside of the country so I would not have seen those notices. I only noticed that a problem existed when over XXXX was deducted on XX/XX/year> and that in of of itself was huge disruption in my finances as anyone can imagine. 
While the matter was in dispute they then went ahead and made a second payment for taxes which has now left the escrow account in a negative status, despite me telling them prior to doing them paying not to do so as I would have made my own payment. They paid before I could and left the account in a negative status. 
This matter has been ongoing since XXXX of XXXX  and I have consistently called and followed up and made my principal and interest payments monthly as advised. I have also advised that I will pay the amount due in the escrow account and requested that it be closed following payment and they are refusing to do so. I was simply told the owner of the loan does not allow the escrow to be closed. 
I have contacted XXXX XXXX on numerous occasions and have been in constant contact with them and I was advised several times that they are willing to have the escrow closed especially because the original loan did not have the taxes escrowed. At this point I dont know why they are refusing to close the escrow account and forcing me into an escrow account even after I have advised them that i would pay the balance due on the escrow account as long as its closed after payment. I feel completely helpless at this point and its as if a mortgage company can force me into escrow despite my wishes and even me offering a solution to the issue. At this point it is purely financial for them and not whats best for the customer. So I can default on my Loan and lose my home

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation