I applied for assistance in saving my home with Select Portfolio Servicing my servicer. They denied me on XXXX/XXXX/XXXX. I have an attorney helping me with the paperwork and they filed an appeal for me on XXXX/XXXX/XXXX. SPS sent me a letter on XXXX/XXXX/XXXX stating they received my appeal and they would respond to me within 30 days. I then received a denial of my appeal on XXXX/XXXX/XXXX. The problem and illegal action for which I am complaining is that SPS recorded a Notice of XXXX against my property on XXXX/XXXX/XXXX. According to my attorney, RESPA Reg X ( 1024.41 ) States no foreclosure action shall be ordered while a borrower is under an active review for loss mitigation. My appeal was not yet denied and I had not cancelled my request for appeal or review. The fact that they recorded a notice of sale on XXXX/XXXX/XXXX, which is 6 days before I was denied, is against Respa Regulations. In addition the denial letter makes no sense and basically confirms that they could appprove an affordable payment that is below XXXX % of my income. It also confirms they are using the wrong interest rate for my review. My current interest rate is 2.75 %. However, as you can see in the letter they are using my contractually due interest rate of 7.75 %. This is not how the guidelines are written. The review must use the current interest rate of the loan and not the interest rate of my loan from XX/XX/XXXX. SPS is basically just making up excuses and at the same time dual tracking my foreclosure. PLEASE ENFORCE RESPS REG X. What is the point of having Respa regulations without doing anything to enforce it. This CLEARLY shows on XXXX/XXXX/XXXX they confirmed my review was open and under review ( See attached letter ). How can they record a Notice of Sale on XXXX/XXXX/XXXX? RESPA Reg X states that the only way they can order a Notice of Sale to be recorded is after the appeal is denied or after I have advised them I am no longer appealing the denial. I never advised them I was cancelling my appeal. There are no questions regarding the timeline. They simply violated Respa Reg X by fling the Notice of Sale on that date. My attorney tells me that every time this happens, the servicer simply does nothing and continues with the foreclosure. CFPB does nothing except collect information and then I lose my home. CFPB in my opinion should demand the servicer rescind the Notice of Sale and re- record it if necessary after the XXXX/XXXX/XXXX date. Otherwise I am advising both CFPB and SPS that this home will be foreclosed illegally and I will pursue all legal action to reverse and cloud the title after the foreclosure if the Notice of Sale is not rescinded and re-recorded legally. 
