Date Received: 2022-02-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Please reference prior Complaints ( XXXX and XXXX ) as this is an ongoing issue. My mortgage company continues to defy the law as set out by the CARES and American Rescue Plan in regards to a Covid hardship-related mortgage payment forbearance as deferral. Shellpoint ( dba New Rez ) continues to communicate with threats regarding foreclosure/short sale, most recently trying to force me into a Loan Modification when a Loan Deferral is what I was under ( see XXXX email XXXX, attached ). Since XX/XX/2021, they are BLOCKING my timely mortgage payments, then penalizing/reporting to credit agencies that I have not paid ( see attached ). I once again attempted to make my timely online payment on XX/XX/XXXX, but am still being blocked from doing so. My credit score is also being impacted. Shellpoint has communicated with conflicting messages throughout this 2-year process, swinging incoherently from threatening to confirming the true solution, then more threats. There is zero clarity ( or seemingly any communication WITHIN the company ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 959XX
Submitted Via: Web
Date Sent: 2022-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Shellpoint Mortgage company is reporting my payment as late and charging a late fee and reporting to the credit bureaus late payments. My payment is automatically withdrawn from my checking account every month.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 43232
Submitted Via: Web
Date Sent: 2022-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I last contact the CFPB on XX/XX/XXXX regarding fraudulent activity from my mortgage servicer Shellpoint. I had been applying for mortgage assistance but Shellpoint mortgage kept denying my documents with out a proper review of my financial situation. Following filling the CFPB complaint I received a response back from Shellpoint which can be found on the responses from the last complaint from XX/XX/XXXX. A response back from XXXX XXXX XXXX Department Shellpoint MTG XXXX stated the following : As requested, an assumption review was completed on XX/XX/XXXX. After review of the Probate documents provided it appears the interest in the home was divided with only half of the interest in the home being appointed to you and the other half going to four other heirs. Therefore, because you do not have sole interest in the property, we are unable to continue reviewing the loan for an assumption. In order for Shellpoint to review you for an assumption of the loan, you would need to have sole interest in the property. A Quit Claim Deed could be obtained from the additional heirs showing they no longer have an interest in the property. a foreclosure sale is not scheduled at this time. During my appeal period and working with Shellpoint in gathering the items they requested they have posted a foreclosure sale date on my home set for XX/XX/XXXX. I have recently submitted all documents on XX/XX/XXXX showing proof of what they requested and Shellpoint denied me on XX/XX/XXXX without again any proper review of my documents that they specifically asked for. During this time Shellpoint is direct violation of Dual Tracking Laws set forth by CFPB. I have attached all documents for review.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WY
Zip: 829XX
Submitted Via: Web
Date Sent: 2022-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-09
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The end of XX/XX/2020 I was let go due to COVID from my employer. I immediately call Shell Point Mortgage which is now NewRez. Our mortgage was sole from XXXX and they did a loan modification and put us in a ridiculous mess. We are locked in a 40 Year Mortgage with hardly nothing going towards the principle. When XXXX XXXX obtained our loan th balance was {$140000.00}. XXXX XXXX years later our balance is {$150000.00} plus I paid two payments towards the Principle. Its just highway robbery but legal. Since, th take over we have never been late but in XXXX I called to let them know I may be a bit late because my employer was dragging their feet with my final check. I am not sure if the Rep. was New or just didnt care but she transferred us and we got disconnected but before she transferred she said someone would be in contact with me. We never heard from anyone so I paid XXXX on time and paid XXXX a few days later. To our dismay they reported us late after I called we were not interested in going intro forbearance just needed a bit more time after getting let go because of this pandemic. The mortgage company basically said they could not help us that the rep never notated the account. I was misguided in thinking that companies would not be reporting late if they were contacted because of their pandemic. Now, that rates are so low we want out of this shady deal but because we are showing late two times on our mortgage we cant do refinance with a lower percentage we want to go down to a 15 year loan to oay it off sooner. I am so distraught about losing my job and now this. I know co- workers who have gone a year without paying and their mortgage company isnt reporting them late because Of COVID. I really believe they dont want to help because they want us bound tI their unreasonable terms and conditions. Please if at all you would be able to help get that off our credit we could get into a new mortgage that would allow us to pay it off sooner and repair our credit.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: IL
Zip: 60014
Submitted Via: Web
Date Sent: 2022-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I went on on XX/XX/22 about XXXX to make my mortgage payment for XXXX, as I do every month. Unfortunately I have made my payment at the end of every month for over two years now its just the way it is and how it happened with a Pay schedule change a while ago. I have never been late on any payment on my Mortgage. Credit reporting is extremely important me and I am not late. When I went to try to go on to make the payment the site was down I then tried to call and the phone system was down and I was unable to make any type of payment as the whole system was down. I consistently tried to go on for hours with no luck. I got error messages indicating the system was down and was going to go down, and at XXXX Eastern time it notified me of the errors. I am in California therefore I should have had more than enough time to make my payment timely without getting a 30 day late on my credit. Again I have done this for years with no issues. I immediately emailed new Rez the error I was receiving and the minute I was able to make a payment a payment was made. Unfortunately it was taken out early on XX/XX/22, which made a 30 day late on my credit. I called and advise this was not my fault and it was a system error and they have asked me to email them over what happened along with snapshots I have of the error messages I received and today they have not fixed my credit reporting. I also have XXXX showing that my account was showing in active and was not allowing me to pay on an active account until the following day the whole system was messed up I have asked them to remove the 30 day late and report my account as current as it was not my fault that the payment was made late. I kindly ask that you request new rest to remove the 30 daily as it was their fault their system was down and I was unaware of the system being down until I try to make my payment again this is not a one time thing that I forgot to make it till the end of the month it is very normal for me to do this unfortunately but it has been consistently done this way for years with new razz with no issues I am now 30 days late on my credit report which dropped my credit score and I am devastated because it was not my fault and I am not late on payments
Company Response:
State: CA
Zip: 923XX
Submitted Via: Web
Date Sent: 2022-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I received a property tax exemption from XXXX in 2021. I faxed in the paperwork to Shellpoint Mortgage back in XX/XX/2021. I was told it would take 7 days to do an escrow analysis to adjust the payment. I have contacted Shellpoint Mortgage several times to resolve this issue and I`m still haven`t received the adjustment to my property taxes and mortgage payment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 43232
Submitted Via: Web
Date Sent: 2022-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-08
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: THIS IS A NEW DISPUTE : COMPANY IS NOT FOLLOWING PROPER GUIDELINES OF THE CARES ACT. I am disputing all negative credit reporting for my mortgage be removed from my credit report regarding COVID related forbearance under the CARES, Fair Credit Reporting Act. The negative credit reporting is a violation of the Cares Act Fair Credit Reporting. I was in forbearance XXXX. During the last 30 days of my forbearance I worked with my Loss Mitigation specialist to exit forbearance under a modification " accommodation '' which included trial payments. Shellpoint advised that late payments had been reported to credit reporting agencies despite my long standing record of maintaining my account in good standing prior to the COVID National Emergency and since exiting forbearance. I am requesting that these negative reports to all credit agencies be removed under the following clarifications of the CARES ACT by the Consumer Financial Protection Bureau : 1. Mortgage # # XXXX was in good standing prior to the COVID National Emergency. Upon entering a Covid related forbearance, the loan forbearance, trial payment period which is a partial payment according to Shellpoint definition and Loan Modification qualify by definition under the CARES Act definition of " accommodation. '' The COVID National Emergency expired XX/XX/XXXX. The forbearance ended XX/XX/XXXX and Modification with trial payment plan was agreed upon XX/XX/XXXX and mailed XX/XX/XXXX. Since the XXXX XXXX XXXX ended XX/XX/XXXX, mortgage accommodations are protected from credit reporting 120 days after XX/XX/XXXX which would be XX/XX/XXXX. The following statement is from the Consumer Financial Credit Bureau : An accommodation includes any payment assistance or relief granted to a consumer who is affected by the COVID-19 pandemic during the period from XX/XX/XXXX, until 120 days after the termination of the COVID-19 national emergency declared by the President on XX/XX/XXXX under the National Emergencies Act. Such an accommodation includes, for example, agreements to defer one or more payments, make a partial payment, forbear any delinquent amounts, or modify a loan or contract. An accommodation includes assistance or relief that is granted voluntarily or pursuant to a statutory or regulatory requirement. 2. The account at the time of entering the forbearance accomodation was listed as current. A second and third accommodation were entered when both parties agreed to the Trial payment period and Loan Modification which was COVID related. Since the account was current prior to entering the accommodations listed above the status of the account should remain reported as current. Under the definition of " accommodation '' the account status was current at the time of forbearance. The modification and trial payment plan were offered and agreed upon on XX/XX/XXXX which is before the expiration of the forbearance which would mean that the furnisher must continue the reporting the account as current. This would mean the reporting of " current '' should have remained in effect until the final modification was complete. As noted in FAQ # 1, furnishers can grant accommodations voluntarily or pursuant to a statutory or regulatory requirement. The CARES Act provisions addressing how furnishers report accounts subject to an accommodation apply if : ( 1 ) a furnisher makes an accommodation with respect to one or more payments on a credit obligation or account of a consumer, and ( 2 ) the consumer makes the payments or is not required to make one or more payments pursuant to the accommodation. If the credit obligation or account was current before the accommodation, during the accommodation the furnisher must continue to report the credit obligation or account as current. 3. The Trial Payment period has been completed with modification paperwork pending. The loan status should not have advanced past current ( see above ) and upon completion and delivery of the paperwork, should remain reported current. If the credit obligation or account was delinquent before the accommodation, during the accommodation the furnisher can not advance the delinquent status. For example, if at the time of the accommodation the furnisher was reporting the consumer as 30 days past due, during the accommodation the furnisher may not report the account as 60 days past due. If during the accommodation the consumer brings the credit obligation or account current, the furnisher must report the credit obligation or account as current. This could occur, for example, if the accommodation itself brings the credit obligation or account current ( such as a loan modification that resolves amounts past due so the borrower is no longer considered delinquent ) or if the consumer makes past due payments that bring the credit obligation or account current. 4. Most importantly. Forbearance, Trial Payment Period and Modification meet the definition of an " accommodation. '' The CARES act reporting protections are extended to cover the time period of the accommodation and after the accommodation ends. Therefore the remarks should have never been added to the report. As stated below, payments not required, partial payments and modifications can not be marked as delinquent. The consumer reporting protections of the CARES Act continue to apply to the time period that was covered by the accommodation after the accommodation ends. Assuming payments were not required or the consumer met any payment requirements of the accommodation, a furnisher can not report a consumer that was reported as current pursuant to the CARES Act as delinquent based on the time period covered by the accommodation after the accommodation ends. A furnisher also can not advance the delinquency of a consumer that was maintained pursuant to the XXXX XXXX based on the time period covered by the accommodation after the accommodation ends.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 21122
Submitted Via: Web
Date Sent: 2022-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Hello, I fell behind in my mortgage payments ( Shellpoint ) and was given an agreement to make three consecutive payments of {$900.00}. I was working homecare and XXXX ( fall 2019 ) and not able to make all three payments. I was served paperwork indicating I had to pay rears of {$20000.00}. I panicked and filed bankruptcy. Since that time Shellpoint representative ( XXXX XXXX ) have ignored my plee. In an effort to save myself I filed bankruptcy. Attorney XXXX XXXX ( bankruptcy ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: DE
Zip: 19802
Submitted Via: Web
Date Sent: 2022-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-07
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: In summary : Shellpoint reported me and XXXX ( owners of a house ) to the credit agencies stating that we've missed the XXXX and XXXX payments. This is not true as Shellpoint was actually telling us to not pay until a Forbearance plan contract was put in place. Chronological details : - XXXX : I've called Shellpoint and was told that I should first sign the forbearance plan adjustment before making payments. I also asked if this was going to affect our credit and was told that our account was going to be " frozen '' and that we should not worry about it. - XXXX : XXXX XXXX was assigned as the point of contact and we've started to communicate over emails and also over the phone. - XXXX : The document has delays to arrive, plus I had to travel due to family emergencies, so this delayed the whole signing process, but XXXX insisted that we shouldn't worry about it. I have emails to prove this. - XXXX : We were able to sign the document on XXXX and also realized that our credit score was going down. XXXX reassured us again that everything was going to be ok once the document was signed and our payments were going to be reported as due to the credit bureaus. - XXXX : We received communication from Shellpoint stating that the negative remarks are correct and that they won't be removed. - XXXX : We're still trying to fix the issue with no good prospect at sight.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: NY
Zip: 11225
Submitted Via: Web
Date Sent: 2022-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have a Mortgage with Shellpoint Mortgage Services. I closed on the XXXX on XX/XX/XXXX. Because of Covid and me being unable to work I started the Loan Forbearance process by phone in XX/XX/XXXX XXXX week before my payment was due for XXXX. It took them forever to get with me to get the process started. I was told that since I have started the process that no payments will be counted late. I was approved for the Forbearance in late XXXX early XXXX with the first new payment being due XX/XX/XXXX. I have paid as agreed but they are still reporting my loan late on my credit report.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 75070
Submitted Via: Web
Date Sent: 2022-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A