Date Received: 2021-08-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX I obtained a real estate loan secured by a deed of trust on my residence from DiTech, a subsidiary of XXXX. A few years later they went out of business when XXXX went bankrupt. The loan was transferred to Green Tree who, after several years changed their name to DiTech. After a few more years DiTech went bankrupt ( perhaps DiTech is not a good luck name ) and the loan was transferred to NewRez and it's subsidiary, Shellpoint. Since then I have had nothing but trouble. Almost immediately they began adding charges for an escrow account. When I contacted them to find out why, they claimed it was for insurance for the property because I had not provided proof of insurance. I explained that there was a homeowners association that purchased insurance out of the homeowners dues and that the previous two lenders never seemed to have any trouble getting the proofs of such from the management company, so I gave them the contact information for the management company. I never heard anything back from them but the escrow charges kept adding up, so I called them again. This time they outright lied to me. The person to whom I talked said he had called the management company several times but nobody ever answered the phone. I have called the management company many times and somebody always answers the phone promptly. He had no answer for why no one called me to tell me there was a problem reaching the management company, So I called the management company, who answered the phone promptly and told them the problem. They emailed me the proof of insurance and I forwarded it to NewRez. I heard nothing from them but the extra charges kept adding up. I called them again and they said they got the proof for the current year but not for the previous year. They had never said anything about a previous year. So I called the management company again and this time they sent the proof directly to NewRez. Still I heard nothing. I called again and this time they admitted they had received the proofs but no one had removed the erroneous charges. They said they would do it. The latest statement I have from them dated XX/XX/XXXX says I owe them {$4500.00}. I have had several people admit that the adding of insurance charges and deleting them has confused things so much no one can explain where they claim I have missed payments, and yet there is still an escrow account accumulating charges. I tried to contact them today to tell them where they have made errors, but they refused to talk to me unless I gave them the date that my last payment was logged into their account. I explained that the payment is sent by my bank on or about the first of every month but I have no way of knowing when they receive it and when they log it into my account. They still refused. I asked to talk to a supervisor. They said they were transferring me to collections. The person who answered was almost unintelligible and he also refused to talk to me if I didn't tell him the date they logged the last payment. I asked his name and he said, " XXXX. '' I asked his last name and he refused. I asked his department and he said, " Loss Mitigation. '' It appears nobody is trained to do their job, only to lie. I asked for contact information for the government agency overseeing their business and he professed ignorance. I told him I thought he was legally required to give me that information. He said he didn't know anything about that.
Company Response: Company believes the complaint is the result of a misunderstanding
State: CA
Zip: 92570
Submitted Via: Web
Date Sent: 2021-09-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: NewRez, LLC mailed me a letter several weeks ago requesting that I submit proof of insurance for my house and threatening to purchase insurance on my behalf if I didn't submit proof. They included a website to submit the proof of insurance, and I did so the next day. On Friday ( XX/XX/21 ) I received another letter demanding proof of insurance again, but this time the letter does not have a website to submit proof. They again threaten to purchase insurance on my behalf for {$680.00}. I've called the number provided on the letter twice and have been on hold for over an hour - no one has picked up the phone. I emailed my proof of insurance to NewRez 's customer service department. I do not want to be charged {$680.00} for insurance when I already have insurance for the period they're requesting and I've already submitted proof multiple times.
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 94519
Submitted Via: Web
Date Sent: 2021-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I, XXXX XXXX XXXX, am writing to inform you of an income in my name to the IRS in a form of 1099-C of {$19000.00} for the tax year of XXXX. This led to the IRS sending me a tax debt for XXXX in the amount of {$4200.00} due to this income that was not earned by me at any time. The complete name was DITECH FINANCIAL LLC XXXX. This company looks to be associated with Mortgage type debts. The IRS showed it as cancellation of debt in my name and Social Security number. Due to that fact, the IRS shows it as taxable income. Not only have I not had any type of debt with this company, I have not had any type of mortgage related debt in over 20 plus years. The following information the IRS has provided to me are listed below ; DITECH FINANCIAL LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AZ XXXX Acct # XXXX Date : XX/XX/XXXX Amount {$19000.00}
Company Response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
State: AZ
Zip: 855XX
Submitted Via: Web
Date Sent: 2021-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-22
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have been sending disputes regarding this issue but still, it reflects on my credit report. I did not make this charge. Date Opened : XX/XX/2005 Amount : {$550000.00}
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: NY
Zip: 11691
Submitted Via: Web
Date Sent: 2021-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have paid my taxes and my servicing company Shellpoint has forced placed an escrow account to my payment. When they paid the taxes I sent the money back to them in XXXX of this year after explaining I pay my own taxes. They have misapplied the payment and have yet to rectify the situation since XXXX of last year. My payment has increased from {$1800.00} to XXXX. This is unethical and been a frustrating experience with this servicing company. I have been trying to refinance since XXXX and this has held the process up. I have been negatively impacted by Shellpoint negligence and failure to correct their mistakes timely.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 925XX
Submitted Via: Web
Date Sent: 2021-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The directors/agents of NEWREZ failed to respond to the plaintiffs affidavits referenced in the following certified mailing numbers : XXXX XXXX XXXX XXXX XXXX delivered XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX delivered XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX delivered XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX delivered XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX delivered XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX delivered XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX delivered on XX/XX/XXXX I have reason to believe and I do believe that XXXX XXXX XXXX XXXX XXXX, mailed XXXX XX/XX/XXXX & XXXX XXXX XXXX XXXX XXXX, mailed XXXX XX/XX/XXXX were returned to sender due to an act of the intended recipient. 9. This affidavit is made pursuant to The National Banking Act of 1864 ( Public Law 38, Ch. 106, 13 Stat. 99-118 ), Fair Debt Collection Practices Act ( 15 USC 1692 ), USC Title 12 ( Banks and Banking ), & UCC Article 3 ( Negotiable Instruments ). 10. It is a fact of Statue by and through the Constitution and laws of the United States that the said Directors of NEWREZ LLC has a statutory oath to support the Constitution and the Banking Statues of the United States. In particular, the notice of registration of that oath is listed at Section 9 & 55 of the National Banking Act of 1864 ( Public Law 38, Ch. 106, 13 Stat. 99-118 ). 11. Inside of the provisions of that statute the Bank Directors have allowed for direct violations of their oath as a financial agent of the federal government. Those actions include : Extending a Mortgage agreement for beyond the prescribed statutory limit, not providing consideration in a said loan, or providing from an external source in violation of the original agreement ( as Banks can not loan capital Stock or the Stock of their depositors according to the statute ), failing to answer several freedom of information requests as well as failing to answer to challenges to the debt though they are required to by the Fair Debt Collections Practice Act, endorsing the Note/Bond after the initial transaction in order to receive funds through my signature, fraudulently acting as and assuming the legal position of a Lender when in fact they provided no consideration in the contract, transferring a loan after actions and notices of fraud had been made against the transaction in violation of Public Volume 17, 42nd Congress Stat. 13-15 shown as code at 42 USC 1983 for Actions under Color of Authority or Fraudulent and or illegal transactions. I request the oaths of office for the above listed defendants, so be it. 12. The loan for my XXXX XXXX home was allegedly secured from XXXX XXXX XXXX by NewRez in XXXX of XXXX. The first scheduled payment was made in XX/XX/XXXX, on time, and every other payment was made on time until I, the consumer, challenged the validity of the alleged debt in XXXX of XXXX. Per 15 U.S.C. 1692 ( g ) cease of payment shall occur until the validity of the debt has been proven. NewRez and its agents violated 15 U.S.C. 1592 ( g ) and 15 U.S.C. 1692c ( b ) by disclosing a late payment status to the 3 major credit bureaus thus damaging the plaintiffs credit history. It was then that the abusive practices such as the wrongful reporting of a late payment caused marital problems outlined in 15 USC 1692 ( a ). At the present time the validity of the alleged debt still has not been proven. XXXX has defaulted on his opportunity to cure multiple times. Such is evidenced by his acquiescence and tacit agreement and XXXX is now in breach of contract for failure to discharge the alleged balance of my account. XXXX has also failed to cease and desist despite multiple notices and is in violation of 17 U.S.C. 501 copyright infringement.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Approx. XX/XX/2019 My homeowner insurance company moved out of state cancelling my policy. Shellpoint Mortgage Services began paying for my insurance. On XX/XX/2019 Shellpoint was notified on their site that we had supplied our own insurance for the year. Shellpoint has continued to pay monthly insurance premiums in spite of this communication. Once our escrow was depleted we were requested to pay an increase without notification of the reason. I have on numerous occasions proved we have up-to-date with insurance. We have been paying extra for about 20 months. recently we've been harassed to pay extra funds to make up escrow amounts and have been charged penalties. I have spoken to 8 or 9 persons from XXXX XXXX XXXX, XXXX and Collections divisions indicating either we owed or were getting refunds for the errors. I received calls after XXXX XXXX one evening from both Collections and XXXX XXXX. I've asked Division level staff to get involved and have been promised return calls that never happened. I am still awaiting resolution and am concerned about my credit rating.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07621
Submitted Via: Web
Date Sent: 2021-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I was behind on my mortgage and was approved for a forbearance. but i was told that my negotiator would call me or my authorized hud counselor. i reached out to XXXX XXXX and so did the hud office helping and she has not responded. i was told i could make my mortgage payment in XXXX but how can that be if i have a foreclosure sale XX/XX/21 please help
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90262
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I am in the process of getting preapproved for a loan. On XX/XX/XXXX, I received information from a Loan Officer that Shellpoint Mortgage had reported me 60 days delinquent on my mortgage in XX/XX/XXXX. I filed a complaint with CFPC XX/XX/XXXX, regarding this situation and Shellpoint responded with a letter dated XX/XX/XXXX, stating they had misapplied the funds and I actually had a credit. I spoke to Shellpoint today XX/XX/XXXX, and was told that I had to send them my credit report in order to have this fraudulent credit reporting corrected. I am not spending money on a credit report or wasting my time correcting Shellpoint 's error. I am requesting that Shellpoint provide me with a letter stating I have had no late payments in the last twelve months.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: NJ
Zip: 08753
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: My mortgage company is refusing to update my credit file as it has not been updated since XXXX of this year. I have called on 6 seperate times over the last two months as I am trying to buy a car and I have brought my account current. I was told repeatedly that they refuse to honor my request and they have updated it. When I point out to them that that the last update was XXXX they refuse to pass me to anyone else because no one will tell you anything different.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NM
Zip: 88220
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A