This is yet another complaint in a series of many I have filed against Select Portfolio Services : I exercised my right of rescission on a cash out refinance that SPS tried to call a simple modification ... my basis was I was never given any RESPA documents ( HUD 1, TIL, right of rescission, etc ) so therefore my right to rescind was 3 years. In Case # XXXX SPS acknowledged that XXXX XXXX ( the original lender ) paid off my XXXX mortgage with XXXX XXXX. The fact the the XXXX mortgage was paid off made the " modification '' an actual cash out refinance loan ; they ( SPS ) admitted paying off the XXXX mtg yet they claim it does n't count as a cash out refinance?!? It was obviously a cash out refinance, despite the fact that they do n't want it to be a cash out refinance. 
