Date Received: 2022-07-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Shellpoint Mortgage # XXXX paid off. Please update on Credit Report
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Newrez LLC is the latest in a long line of mortgage servicers for a mortgage I have on second home located in Indiana. Unlike previous servicers, at the inception of their servicing of my mortgage they took the position that the mortgage was delinquent ( thus opening themselves up to the full ambit of the FDCPA. From the inception of their servicing of my mortgage, they did not allow me to make regular monthly mortgage payments. This incorrect perception of delinquency is due to a wildly incorrect accounting -- and although they have been accepting regular monthly payments -- they continue to insist there is a significant balance owed. I want this resolved -- not least because they have destroyed my consumer credit profile. The reason Newrez LLC believes there is a significant balance owed on my mortgage owes in large part to their failure to recognize the validity of a Payment Deferral Agreement enacted by a previous mortgage servicer ( XXXX XXXX XXXX ) during the covid-19 pandemic. Under such enactment, twelve ( 12 ) months of payments ( principal, interest, tax, insurance ) were moved to the back of the repayment schedule -- extending the endpoint of the repayment calendar by 12 months. I have on numerous occasions since XX/XX/XXXX provided written documentation of such Payment Deferral Agreement to Newrez LLC ( including its personnel XXXX XXXX, XXXX XXXX and XXXX XXXX ) and I was under the impression that the firm was working to fix the accounting records for the mortgage -- at which point I would be allowed to commence regular monthly mortgage payments. When I learned however in a telephone call with XXXX XXXX on or around XX/XX/XXXX that Newrez LLC would not honor the Payment Deferral Agreement abovementioned, I told him that I would be filing an onslaught of regulatory complaints against Newrez for violation of FDCPA and other laws. He capitulated and arranged for Newrez to automatically debit my banking account for the regular monthly mortgage payments starting with the XX/XX/XXXX payment. However in XX/XX/XXXX XXXX XXXX told me that because I did not agree or apply for mortgage modification ( which is crazy- why would I do so when I was at all times financially capable of making the payments ) that Newrez LLC would no longer accept any payments. Upon pressing XXXX, he also told me that he would neither honor my Prepayment Rider ( which allows me to additional principal payments at any time irrespective of the status of the loan, and in a manner overriding over all other covenants in the mortgage agreement ). At this point I lost all patience and hired a mortgage industry expert to investigate my mortgage. Several irregularities were noted : 1. Despite the note/mortgage ostensibly changing hands many times since origination date of XX/XX/XXXX, none of the mortgage assignments have been recorded ( thus violating Indiana Law ). 2. There was no photocopy of the promissory note available in the files of the title company or in my personal files from the closing for the property in XX/XX/XXXX. 3. Based on information known about the now-defunct original lender, XXXX XXXX XXXX and based on the date upon which my loan was originated it is extremely likely that the promissory note has been lost many years ago. 4. The mortgage was never registered in XXXX or held by XXXX XXXX or XXXX XXXX, which combined with the lack of any recorded mortgage assignments makes it exceedingly likely that the promissory note was last many years ago. I was told orally by the Newrez Loan Servicing department that XXXX XXXX ( or its subsidiary, XXXX XXXX XXXX ) is the " purported '' owner of the note. I have been demanding for 12+ months that Newrez LLC make the note available for inspection by an attorney of my choosing, and they have provided no answer whatsoever as to the location of the note or the contact details for its custodian. The mortgage industry expert I consulted said it was likely that my servicer if forced would have an employee in the records department certify that upon review of the servicer 's electronic records, XXXX is the owner of the note. Such a certification does not qualify as the in-person inspection I want to arrange for an attorney of my choosing. Accordingly, last month, I gave Newrez LLC a deadline of XX/XX/XXXX to facilitate inspection of the note by an attorney of my choosing. In response, I got a letter on or aroud XX/XX/XXXX from XXXX XXXX XXXX ( a full service multi-state default firm ) that *XXXX* is now collecting the debt associated with the mortgage. This is in direct contradiction with contemporaneous conversations I have had with the Loan Servicing Department of Newrez LLC. So I am being pursued in parallel by two, separate debt collectors ( namely : Newrez LLC and XXXX XXXX XXXX ) for the same debt. And most comically, it is almost a certainty that the " purported '' owner of the note is not a holder in due course. At this time, I am still not in receipt of a full accounting of my mortgage, nor any information about the promissory note, nor an explanation as to why both Newrez and XXXX are now pursuing me simultaneously for the same debt associated with my mortgage. I have written numerous letters and communications to corporate officers of Newrez LLC without a single response. This situation is untenable, so I am filing this complaint today.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Shellpoint is my mortgage servicer. I can't get an answer as to who my primary contact/XXXX will be going forward. I have been working with my assigned XXXX, XXXX XXXX, on bringing my account current. I have also been in correspondence with his supervisor, XXXX XXXX. Now I am receiving emails -- sometimes multiples in a day -- from people whose names I do not know. These emails do not contain introductions or how they are related to the servicing or processing of my loan. These new individuals include : XXXX XXXX -- Emailed us on XX/XX/XXXX XXXX XXXX -- Emailed us on XX/XX/XXXX XXXX XXXX -- Emailed us on XX/XX/XXXX at XXXXXXXX XXXX EST XXXX XXXX -- Emailed us on XX/XX/XXXX at XXXXXXXX XXXX EST We also haven't received any responses back from XXXX XXXX or XXXX XXXX, our assigned XXXX and his supervisor. The last email we received from XXXX was on XX/XX/XXXX. Note that XXXX and XXXX 's emails were sent an hour apart on XXXX, XX/XX/XXXX. They did not introduce how they are related to our account. Both claim to be servicing our account. Both asked for the same information. This is really suspicious as I don't know if they are legitimate representatives. If they are, why are there XXXX of them asking for the same information? Please note that representative XXXX XXXX, after we responded, had an out-of-office notice on her email. Her out-of-office notice says she is unavailable until XX/XX/XXXX. Her notice is confusing as it suggests she only works there occasionally if her message is set to XX/XX/XXXX and she hasn't changed it since. She has not responded since we received her out of office reply. Given rampant identity theft, I want to verify who is responsible for my account going forward. This is also in addition to the fact that I do not want to keep restating information that was given to one rep. I do not want information to be lost in the servicing of my loan. I have emailed all of these individuals, individually, and in cc asking who will be our primary contact going forward. No one has responded and taken responsibility as the primary contact. Attached are email correspondence from these different individuals. Part of our requirements for loan modification from Shellpoint is that we maintain biweekly contact with our XXXX. It seems that Shellpoint is incredibly disorganized in the handling of our loan, and the service representatives are not working in coordination with XXXX another. How can we maintain contact if we don't know who is the actual service representative?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 125XX
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I am going through loan modification with Shellpoint mortgage. My mortgage pre pandemic was {$2300.00} with an interest rate of 3.5 %. My take home net pay is XXXX XXXX monthly. My new mortgage has been modified to a monthly payment total {$3800.00}, 6 % interest and extended for another 30 years. 100 % of income applies to mortgage. Not only does my mortgage payment absorb my complete paycheck, it adds {$540000.00} to my mortgage payment over 30 years. Shellpoint can not send me any documentation on how they accessed my payment. The main answer is I could try modification again and I may not receive it and or interest rate may be worse. I thought the idea of modification was to help homeowners get back on track after pandemic. Sincerely XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60640
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX we applied for a loan modification through our mortgage servicer Shellpoint Mortgage Services. After many months of calls, emails and misinformation we were denied Struggling financially, we hired a lawyer, and after many months they were also unsuccessful in any regular communication with Shellpoint to obtain a loan mod. We had no choice but to begin bankruptcy proceedings because of the fact Shellpoint was unresponsive to our requests. We entered XXXX XXXX with the intent of getting a loan mod and stopping any foreclosure action and the Covid-19 pandemic hit and all communication with Shellpoint ceased . Any and all communication to Shellpoint went unanswered. we opted out of XXXX XXXX bankruptcy and our lawyer continued to attempt communications with Shellpoint to no avail. XXXX of XXXX after years of trying to settle this issue, Shellpoint answers our lawyers request for a reinstatement was answered. Shellpoint immediately put us in foreclosure and set up a Sheriffs sale without our knowledge. Bully tactics. Many emails and calls to Shellpoint from our lawyer was met with no replies, inconsistent replies or misleading financial amounts due for reinstatement. When asked for a reinstatement amount all Shellpoint could eventually produce was an email with a figure, {$170000.00}. When pressed for an itemized bill and how these funds were to be applied Shellpoint was unable to produce them and still has not. Our lawyer told Shellpoints lawyer that we will be willing to pay the past due but need a itemized bill and to delay the sheriff 's sale. Shellpoint again took weeks to reply only to refuse our request days before the Sheriffs sale. In order to stop the Sheriffs sale in XXXX of XXXX, we paid Shellpoint the {$170000.00} in arrears, they still have not notified us how these funds were applied. Shellpoint has since been unwilling or unable to produce any accurate financial information pertaining our mortgage and is once again ignoring our lawyers request for an accurate monthly payment which was due XX/XX/XXXX. We are now on the verge of a late payment by no fault of our own. Our lawyer has been attempting to contact Shellpoint for a month with no reply. Again. Shellpoint has shown a pattern of unprofessional, unethical and possibly criminal work practices since we first contacted them. And it continues. We are willing to pay them however they can not produce basic financial figures that a mortage servicing company legally has to provide. I believe Shellpoint Mortage Services should be investigated for their work practices. We just need them to provide accurate accounting so we can pay our mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07110
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My service provider granted me a XXXX forbearance on my XXXX loan, due to a reduction in my pay during times of XX/XX/XXXX- XX/XX/XXXX. At the end of the forbearance I was given a XXXX month trial period which i paid on schedule as directed. After the trial period the modification was fully approved and converted to XXXX fixed loan. However during the XXXX months of the trial period, my credit account was reported to the credit bureau as XXXX, XXXX and XXXX days late even though all payments were made on time as directed by the service provider. According to guidance i've received, the Cares Act states, " If your account is current when you are offered assistance and you follow the terms of the accommodation, your creditor should continue to report you as current ''. I need help getting the service provider to remove the XXXX, XXXX, XXXX day missed payments from my credit report
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30126
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: When I reviewed my credit report, I discovered that some of the information was erroneous. XXXX and XXXX must validate this account in line with Sections 609 ( a ) ( 1 ) ( A ) and 611 ( a ) ( 1 ) ( A ). It is not authorized to fail to validate this reporting account as unverified information without providing any proof within the period allowed by law. The account needs to investigate and correct erroneous reporting in my file listed on my credit report : DITECH FINANCIAL LLC XXXX Late Dates XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90501
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Loan : XXXX My home primary residence XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Mortgage with : Shellpoint Mortgage After forbearance ended. As per the law in effect in New York I requested a deferment and to resume paying the monthly payments of {$9700.00} which is the same amount that I was paying before the forbearance. Shellpoint mortgage on Tuesday XX/XX/2022, XXXX XXXX XXXX ( the officer in charge of my account at Shellpoint ) called me and informed me that the deferment of the 18th months was approved and the modification that was offered will be canceled and replaced with the 18-month deferment. She asked me to pay the XXXX monthly due of {$9700.00} I accepted the offer and agreed to make that payment on Friday the XX/XX/2022. On Wednesday XX/XX/XXXX, Thursday XX/XX/XXXX and Friday XX/XX/XXXX I called many times to make that payment and left XXXX XXXX voicemails as I could not reach her. I also left her a note with her colleague, in that regard to make that XX/XX/2022 payment of {$9700.00} Now when I try to make that payment Shellpoint renegued on the deferment and would only allow me modification with an increase of {$820.00} each month until the end of the loan. an increased amount that I can not afford which will eventually cause me a foreclosure and the loss of my home. Please I beg you to interfere and correct this injustice Thank you XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 10016
Submitted Via: Web
Date Sent: 2022-07-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Newrez mortgage company violated federal law 1024.37 ( c ) ( 1 ) ( i ) by sending me a notice of forced insurance on my home. The first notice violated 1024.37 ( c ) ( 1 ) ( i ) because they informed me that they were purchasing insurance inside of the required forty-five days notice from the date coverage ended due to being dropped by my insurance company. My coverage ended XXXX/XXXX/22, they sent the first notice of purchasing forced insurance on XXXX/XXXX/22. They received my new information info on XXXX/XXXX/22, the date they also cancelled the forced insurance. There was no reason to charge me for insurance they chose to purchase.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33321
Submitted Via: Web
Date Sent: 2022-07-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/2022 I applied for the HAF program through XXXX XXXX XXXX XXXX. I was approved and they sent to my servicer, Shellpoint! I have continuously asked about this! The file # XXXX is my identifier through XXXXXXXX XXXX XXXX Shellpoint claims they dont have it! I am in foreclosure as of XX/XX/2022. I answered the complaint. I am attaching the email from XXXX XXXX XXXX, my application and the verification from the processor. I got the offer on the trial modification..Im trying to figure out if someone was struggling with {$730.00} payment why would my modification be {$1300.00}? Do they want people to fail? Applying the HAF will help lower the payments.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 441XX
Submitted Via: Web
Date Sent: 2022-07-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A