Date Received: 2022-03-02
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In XXXX XXXX my bankruptcy was discharged. XXXX XXXX, The mortage company first told me i had to reaffirm the debt. I called my lawyer and he said in California, you can not reaffirm a mortgage. I continuously paid my mortgage but they refuse to report it on my credit report. XXXX XXXX, I talked to Shellpoint Bankruptcy Department and they stated all I had to do was send credit bureau my payment history and they will put it back on. I Sent the information in and the credit bureau and they said Shellpoint has to report it to them again. I have attached my payment history to show that I have been continuously making my payment. Shellpoint Mortgage Servicing XXXX, SC XXXX XXXX www.ShellpointMtg.com Phone Number : ( XXXX ) XXXX Acct # XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93550
Submitted Via: Web
Date Sent: 2022-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-01
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I was allegedly loaned {$110000.00} to purchase my home @ XXXX XXXX XXXX XXXX, XXXX, Arizona XXXX by XXXX home loans. This alleged debt was subsequently was sold to Shellpoint Mortgage company. It is being serviced by NewRez. It has come to my attention that these companies never actually loaned me money, but they created money by using my credit. Since they used my credit without disclosing they were doing such. I never gave them authority to change my promissory note into money. The loan was funded by myself. The fact is there HAS NOT been any real " money of account '' since XXXX, when HJR-92 WAS PASSED ON XX/XX/XXXX. The promissory note I signed is based on NON-DISCLOSURE which voids any contract NON-DISCLOSURE LISTED AS FOLLOWS ... 1. Lack of consideration ; all contracts must have consideration to be valid. 2. NON-DISCLOSURE of the use of the promissory note and signature I was not told that the note would be used to open an account in my name to monetize the note I signed.3. I was not told about the process of monetizing a security interest. 4. NON-DISCLOSURE of the banks relationship to the trustee and beneficiary. Most banks own and control the trustee and beneficiary. This is illegal and a conflict of interest. This makes the note in it's present form VOID. 5. NON-DISCLOSURE of the bank 's lack of authority to foreclose. When I signed the note it was guaranteed by the Department of Veterans Affairs. The bank can not foreclose is no commissioner has been appointed by the VA to oversee the foreclosure. 6. FORGERY of the document I gave the bank for safekeeping. When the bank alters my promissory note in ANY WAY, it is an act of forgery. A simple " for deposit only '' on the back of the note is an act of FORGERY.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 86409
Submitted Via: Web
Date Sent: 2022-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-01
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I own a high-end rental property in XXXX, CT. It rents for almost {$5000.00} a month. I had a tenant who lived in this home for 14 years. Unfortunately, this tenant lost his job in XXXX and did not pay for over a year and I ultimately had to evict him. I got behind on my mortgage payments because of this and ShellPoint Mortgage Company threatened me with foreclosure. However, in XX/XX/XXXX, ShellPoint Mortgage offered me a formal Repayment Plan. Per the terms of the plan, I needed to pay {$25000.00} down and then pay {$6000.00} per month. There was no explanation of how the amounts were determined. The Repayment Plan included an option to appeal. Furthermore, the Repayment Plan stated that I did not need to make the full payments until the appeal was resolved. From my perspective, the payments seemed much higher than I had expected, based on the amount I owed ; so I submitted a formal appeal on XXXX XXXX. I received a response from ShellPoint on XX/XX/XXXX, that addressed the first two points of my appeal. However, the third point of my appeal was not addressed. On or around XX/XX/XXXX, I received a letter in the regular mail from ShellPoint stating that my matter was complex and asking for more time. On XX/XX/XXXX, I had not heard anything, so I sent an email reminding ShellPoint that item # 3 of my appeal had not been addressed, I did not get a response to my appeal during XXXX, so in XXXX I again sent an email to remind them that my appeal had never been answered. I also pointed out to ShellPoint that their team had made a mistake in calculating the payments of the Repayment Plan and the payments were overstated by over {$800.00} per month. At this time, ShellPoint advised that I missed the cutoff for the original Repayment Plan because I did not make the payments in XX/XX/XXXX. They advised I would need to apply for a new Repayment Plan and would need to submit multiple documents to see if I could get approved. I reminded them that the original Repayment Plan included a right to appeal and that payments were not required until the appeal was settled. I advised them that it is unethical and perhaps illegal to refuse to honor the Repayment Plan. However, they refuse to honor their written word. During the month of XXXX, I had emailed my ShellPoint contact to see if I could submit the regular payment while waiting for my appeal to be completed. I was told that any payment not for the full amount ( even though the amount was overstated ) would be returned to me.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: NY
Zip: 12601
Submitted Via: Web
Date Sent: 2022-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-01
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Closed on the property at XXXX XXXX XXXX XXXX, XXXX NC XXXX on XX/XX/XXXX. I had to file a complaint with the CFPB because Shellpoint Mortgage Servicing claimed I had unpaid mortgage payments. After filing a complaint against Shellpoint Mortgage Servicing they sent me an email on XX/XX/XXXX stating the loan is paid in full. On XX/XX/XXXX Shellpoint Mortgage Servicing sent a reply letter in regards to the complaint, stating loan is paid in full as of XX/XX/XXXX. Shellpoint Mortgage Servicing sent a Letter of Satisfaction and Deed of Trust from the local County Register. On XX/XX/XXXX I received an Escrow Refund in the amount of {$1500.00}. I deposited the check into my personal account on XX/XX/XXXX. XX/XX/XXXX my personal bank mailed me a letter stating the item I deposited on XX/XX/XXXX was returned marked " Not Authorized '' and I was charged a {$5.00} return check fee. Also they included a IRD substitute check. On XX/XX/XXXX I contacted Shellpoint Mortgage Servicing and a representative stated that the Escrow Refund was sent out but on XXXX the XXXX they found that the payoff was short and voided the Escrow Refund check.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: NC
Zip: 28409
Submitted Via: Web
Date Sent: 2022-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX has Shellpoint Mortage Servicing company working for them. This company is the problem. And they are not correcting their agent. Meet help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have tried for years to get help from this company and still do not get anyone to see that this company added fees and lates even though I send by certified mail and I send certified checks. This is not correct and this company is know by the XXXX as being bad. Please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OK
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Timeline and Summary of loan # XXXX Shellpoint ( address ) This has been our family home for the last 30 years. In XXXX of XXXX, my mother passed away and my father, XXXX XXXX wrote to Shellpoint to inform them that he had given me permission to speak on his behalf. ( see documents ) In XX/XX/XXXX we received a letter from Shellpoint stating they were servicing our family home loan. On XX/XX/XXXX I mailed our first payment and did so consecutively for the next 3 months. In XX/XX/XXXX Shellpoint wrote a letter stating we were behind on our mortgage payments. The amount due was {$8600.00}, which included, interest, late charges, and various other fees that seem to change daily. I have copies of canceled checks from XXXX and Shellpoint for our monthly payments. During XXXX I reached out to the City of XXXX Housing Program to help with our communication. At that time the company was known as XXXX XXXX and I had requested copies of our 12 month payment history. This has been an ongoing problem with three different servicing companies, that claim my parents missed payments. Ive repeatedly requested payment history information from XXXX. Before we know it the loan has been sold to another servicer. ( Shellpoint ) We did a re modification in XX/XX/XXXX principal balance was {$100000.00}. We made all our monthly payments. In XX/XX/XXXX Shellpoint sent a validation of debt notice of {$110000.00}. This has been an ongoing pattern from all three servicing companies, and has brought a great deal of uncertainty, confusion and stress. This loan started out as a {$120000.00} dollar loan in XXXX. This has been a vicious cycle of false claims of in default, remodifications, threat of foreclosures and other unscrupulous accounting practices. I would like Shellpoint to provide us with our last 24 month payment history and to remove the {$8600.00} in late charges and fees that we have no knowledge of, nor have we agreed to. ( see documents )
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 02119
Submitted Via: Web
Date Sent: 2022-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-27
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I closed on a refinance loan with NewRez on XX/XX/2022 via their closing agent XXXX XXXX XXXX XXXX, XXXX. Subsequent to closing I've received 3 notifications from NewRez advising that my loan funded and providing me with a mortgage payment coupon. On XX/XX/2022 I followed up with XXXX XXXX XXXX XXXX, XXXX to obtain a copy of the signed closing documents, confirm that my existing mortgage had been paid off and to see when I could expect the monies to be paid to me from the closing. I was advised that the refinance loan did not fund and would not fund until I signed a Power of Attorney. In the 13 days that passed between the day of my closing and the day I made a follow up call to XXXX XXXX, I never received notice from XXXX XXXX advising me of a problem with the refinance or the need for me to sign additional documentation. With regard to the Power of Attorney, I called XXXX XXXX XXXX XXXX, XXXX on the day of closing and advised them that I was not comfortable signing a Power of Attorney giving anyone but me the ability to make changes to the closing documents. I was advised by XXXX, the closing mananger of XXXX XXXX, that I did not have to sign a document if I was not comfortable signing it. I asked if the loan would still fund if I didn't sign the document and she advised that the loan would fund but if a document needed to be corrected it would take a little longer because the document would need to be sent to me for correction. Based on XXXX 's representation I continued with the refinance closing. In addition , XXXX XXXX also wanted me to sign a document permitting them to charge me a {$50.00} overnight XXXX XXXX fee. This fee was never disclosed on the XXXX XXXX XXXX or the Truth-In-Lending or any documentation from the lender, NewRez. It is my understanding that all fees must be indicated on the Settlement Statement. Even those paid outside of closing. For this reason, I did not sign the authorization to deduct the {$50.00} overnight fee. I did sign a Compliance Agreement which requires me to cooperate in signing any documents that may need to be corrected post closing. I am comfortable in doing this but I am not comfortable providing a Power of Attorney to allow someone else to make changes to my closing documents. I believe XXXX XXXX XXXXXXXX XXXX and NewRez LLC need to be investigated for unethical closing practices and theft if my current mortgage has not been satisfied.
Company Response:
State: NJ
Zip: 087XX
Submitted Via: Web
Date Sent: 2022-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Shellpoint Mortgage Servicing is continuing to mishandle loan # XXXX despite multiple requests for them to accurately report the loan and correct the loan status. Shellpoint Mortgage Servicing has been provided documentation and information that verifies their inaccurate servicing and reporting of Loan # XXXX. We have not been able to speak with anyone at Shellpoint Mortgage Servicing regarding this matter. Although Shellpoint Mortgage Servicing has reported and transferred the loan using erroneous and inaccurate information, they claim they no longer have anything to do with the account. Although a phone number was provided for a XXXX XXXX, phone calls have gone unanswered and messages have not been returned. Instead of contacting us to properly handle the situation, Shellpoint Mortgage Servicing continues to respond to complaints with inaccurate information, and then they close the complaint. Shellpoint Mortgage Servicing actions are clear indicators that they have no interest in making any effort to correct their errors. # 1. XXXX XXXX claimed we requested that the loan be reported as current. We are not and have not, at any time, requested anything other than the account be reported accurately. We are stating that the loan can not be reported delinquent for the periods it was in forbearance and modification, XX/XX/XXXX through XX/XX/XXXX. We are also stating that the loan could not be in default status on XX/XX/XXXX because the payments due at that time were for periods XX/XX/XXXX through XX/XX/XXXX ( which was the forbearance period ), and the loan was in modification status beginning XX/XX/XXXX. # 2. XXXX XXXX, on behalf of Shellpoint Mortgage Servicing, acknowledges that the loan was in COVID forbearance status from XX/XX/XXXX through XX/XX/XXXX and in modification status from XX/XX/XXXX through XX/XX/XXXX. XXXX XXXX acknowledges, on behalf of Shellpoint Mortgage Servicing that Shellpoint Mortgage Servicing is reporting the loan as delinquent for payments through XX/XX/XXXX through XX/XX/XXXX. XXXX XXXX, on behalf of Shellpoint Mortgage Servicing, also acknowledged placing the account in default status, while it was in modification status. The paragraph below is copied verbatim from XXXX XXXX 's letter dated XX/XX/XXXX. " Following the successful completion of the trial period, the loan was contractually past due for the XX/XX/XXXX through XX/XX/XXXX installments. Since the loans pre-modified loan terms remain in effect during the trial period and the loan was contractually past due, the delinquency notices referenced in your complaint were sent to you. Shellpoint continued to report the delinquency status of your loan to the CRAs as well as your entry into a trial period plan in accordance with the requirements of the Fair Credit Reporting Act and the XXXX XXXX XXXX XXXX requirements. That information was also provided in the Frequently Asked Questions section of the modification offer letter. '' # 3. Shellpoint Mortgage Servicing was made aware that the CARES Act SUPERSEDED the Fair Credit Reporting Act for reporting of COVID forbearance loans. Per the CARES Act, monthly payments covering the forbearance period can not be reported as delinquent. Therefore, payments that would have been due XX/XX/XXXX through XX/XX/XXXX are not allowed to be reported as delinquent. Also, if Shellpoint Mortgage Servicing chooses to report payments for the modification period, XX/XX/XXXX through XX/XX/XXXX as delinquent, we would expect that this is standard practice and Shellpoint Mortgage Servicing reports all loans covering a modification period the same for all customers. # 4. The XX/XX/XXXX statement shows the account was paid through XX/XX/XXXX, with the next payment due XXXX, XXXX, which was the start of the COVID forbearance period. On XX/XX/XXXX Shellpoint Mortgage Servicing placed the loan in a default status for months covering the COVID forbearance and modification periods, XX/XX/XXXX through XX/XX/XXXX. Not only is it a violation of the CARES Act to place a loan in default status for payments during the COVID forbearance period, a loan that is in modification, and adhering to the terms of that modification, can not go into default status anyway. # 5. During the forbearance period, when we were able to and attempted to make a payment, we were told payments could not be made because the account was in forbearance. # 6. The attached final account statement received from Shellpoint Mortgage Servicing ( dated XX/XX/XXXX ) reflects the forbearance and modification status of the loan, and not at all as XXXX XXXX has portrayed. It clearly states that the next payment due is for XX/XX/XXXX. It clearly states that the account is in modification. It clearly shows there were NO late fees because there were no payments due other than those for the COVID forbearance and modification periods. How could the loan payments be late for periods covering COVID forbearance? That is a violation of the CARES Act. How could the loan go into default status during modification? # 7. After several days of numerous calls to XXXX XXXX with no answer and voicemails left with no response, XXXX XXXX claims one phone call attempt to us on XX/XX/XXXX was unsuccessful. We are not aware of a phone call. If one was attempted, there was no voicemail left, which I am certain would have been done, as I am sure XXXX XXXX would not expect that customers are available to answer phone calls at all times, and therefore would surely have left a voicemail requesting a return call, and providing best times for that call. Shellpoint Mortgage Servicing has acknowledged awareness of how they have serviced and reported Loan # XXXX. Shellpoint Mortgage Servicing has only been requested to accurately report and reflect the correct status of Loan # XXXX. Shellpoint Mortgage Servicing has been made aware of errors in their servicing and reporting of Loan # XXXX. Although Shellpoint Mortgage Servicing has been made aware of their errors in the servicing and reporting of Loan # XXXX multiple times, Shellpoint Mortgage Servicing has refused to correct those errors. Shellpoint Mortgage Servicing is being made aware that their refusal to correct errors and accurately service and report Loan # XXXX is causing harm. Shellpoint Mortgage Servicing is indicating by their refusal to correct errors in their servicing and reporting of Loan # XXXX after being made aware of those errors, they are willfully and knowingly causing harm. Shellpoint Mortgage Servicing transferred the loan, with erroneous and inaccurate information, to another servicer, which is compounding the harm caused. Shellpoint Mortgage Servicing is being made aware that knowingly causing harm by refusing to correct the servicing and reporting of Loan # XXXX will result in legal action against Shellpoint Mortgage Servicing. Shellpoint Mortgage Servicing is being made aware that legal action will include requests for all remedies available under the law.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38017
Submitted Via: Web
Date Sent: 2022-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-27
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I submitted a complaint on the cfpb website stating that shellpoint is in violation of the cares act. The cares act is meant to protect consumers from having their credit score hurt XXXX XXXX who works for shellpoint hasn't addressed any of my complaints. The XXXX XXXX website promises consumers that id they choose to go into the covid forbearance plan... It will not affect their credit scores and the WILL be able to refinance in the future if they make 3 successful payments once out of forbearance My rights are being violated. XXXX ... Where is your heart? I was sick with XXXX in the XXXX. I'm an honest consumer who never had a late payment ever since 2015 What is shellpoint gaining by braeking the law and reporting me 120 days past due when I have made 5 consecutive payments in a row? Do you like to torture your customers? Does it give you please when an honest hard working man needs to have a low credit score and pay higher interest on credit cards when he was promised that forbearance wouldn't hurt his credit score? Do you enjoy breaking the law and causing me not to be able to refinance since I'm marked as 120 days past due? You surely have heard of goodwill credit report deletion? XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I have completely complied with all payments since exiting forbearance ... I am asking you as a goodwill gesture to stop damaging my credit as the US law ensures that those exiting forbearance will not be negatively affected and will be able to refinance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33162
Submitted Via: Web
Date Sent: 2022-02-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A