To Whom It May Concern, I 'm filing this grievance against Select Portfolio Servicing ( SPS ) for failure to record new terms to my loan with XXXX XXXX County records. A loan modification is a permanent change to the loan terms and I 'm seeking to reduce the possibility of future issues in the event that my loan is transferred to a new servicer. Primarily I 'm concern here is the fact that I 'm reassuming a debt that was previously discharged in XX/XX/XXXX prior to completion of a loan modification on XX/XX/XXXX. 
Per the California Bill of Rights it is required that lenders record loan modifications. 
A recent decision by the XXXX Circuit Court of Appeals underscores the critical importance of timely recordation of mortgage interests and the ineffectiveness of the " earmarking '' and " contemporaneous exchange for new value '' defenses in the face of the strict timing rules set forth in section 547 ( e ) ( 2 ) of the Bankruptcy Code. Lenders should take note of a XXXX Circuit decision earlier this year in which the Court of Appeals highlighted the importance of timely perfection of security interests and mortgages. Rejecting XXXX defenses commonly raised in preference actions, the Court of Appeals held that a lender who takes more than 30 days to perfect a mortgage interest in real property XXXX have that interest voided in a mortgagor 's bankruptcy case if the perfection occurred within the 90 days preceding the bankruptcy filing of the mortgagor. 
I 'm seeking assistance and demand that SPS immediately record my new terms accordingly. 
