Date Received: 2020-10-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: WE HAVE HAD OUR PROPERTY TAXES DEFERRED BECAUSE WE ARE BOTH OVER XXXX YEARS OLD. NEW REZ SUDDENLY PAID OUR BALANCE WITH XXXX COUNTY TAX ASSESSOR, AND HAS INCREASED OUR HOUSE PAYMENT BY {$700.00}. NEW REZ LOAN NUMBER IS XXXX. WE HAVE SENT THEM LETTERS FROM THE TAX ASSESSOR TWICE AND CALLED THEM AS WELL AND THEY ARE BEING NON RESPONSIVE. MY HUSBAND NEEDS CONSTANT XXXX XXXX AND THE FINANCIAL STRAIN OF THIS SUDDEN NEW EXPENSE HAS BEEN TERRIBLE. WE NEED THEM TO REVERSE PAYMENT TO XXXX COUNTY SO THAT WE CAN GO BACK TO HAVING THE TAXES DEFERRED UNTIL WE SELL OUR HOUSE.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: TX
Zip: 78665
Submitted Via: Web
Date Sent: 2020-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We got behind on our Mortgage payments. They have only sent us bills for it. Never a foreclosure letter. Until we were able to get a loan from my husband 's 401k to pay it up to date. On XX/XX/XXXX I called Shellpoint mortgage servicing to find out what we needed to pay to get our bill up to current. The lady I talked to told me that it is in foreclosure so they can't except the payment. That I wouls have to wait until I got a reinstatement letter from lawyers office. So I waited 2 wks pasted no letter so I called Shellpoint and got told to just wait another week. So another week pasted still no letter. So I finally got the letter XX/XX/XXXX. The letter said to call the lawyer in case there was more funds owed. I tried to call the lawyer XXXX XXXX. Didn't get an answer. I left a message for him to call me back. So when we was able to pay the amount they asked for we had to get another loan from my husband 's 401k bc the lawyers amount was more than shellpoint had told us it would be and we had to pay our other bills. So on XX/XX/XXXX I tried again to reach the lawyer. Still no answer. I did get ahold of the director of the law firm in Florida. He told me to send it in a cashier 's check to the law firm in the amount on the letter. So I did. I recieved a bill for XXXX for {$8400.00}. I knew they just might not have gotten the payment before the bill was sent out. So I called Shellpoint asking them what my current payments would be for the rest of the months to come? The guy I talked to " XXXX '' said that we didnt have a payment due until XXXX. For me to wait until I got a paper stating that a payment is due. So XXXX I get a bill for {$8800.00}. I had sent them {$8100.00} on XX/XX/XXXX so I knew this bill can't be right. So I called Shellpoint on XX/XX/XXXX to find out what is going on. They said they have not recieved my payment. So I call the lawyer about 6 times that day leaving at least 3 messages for him to call me back. He finally does telling me that they have the payment now. That it had been sitting in another office in their building. And since I made it out to the lawyers office they have to contact Shellpoint to see how to send them the money. ( Shouldn't they know how to get them their money? ) He told me that he or Shellpoint would give me a call back. So a w/o pasted, no call. So I called Shellpoint on XX/XX/XXXX to see if they had gotten my payment yet. Nope still haven't gotten it. So the lady I talked to in the XXXX department ( which is the department at Shellpoint who handles the mobile home mortgages ) she told me that they have not heard from the lawyer. And I might owe more money. I asked her if I could send my 3 months that I'm behind on now bc of them not telling me any info. And she said that i couldn't send them any payments now bc they have not recieved the reinstatement payment. She said that she was going to reach out to the law firm to find out where the money was. And she would give me a call back within 2 days. I talked to her on Thursday no call Friday. So being I was so busy remodeling my daughter 's bedroom. I gave them until Thursday XX/XX/XXXX. I called them back still can't get any answers. They still haven't gotten the payment. By this time I am so mad. I just don't understand why these people keep giving me the run around and aren't trying to help me to get/keep my payments up to current. So when the man told me that they still haven't gotten the payment. I asked him why can't i just cancel the Cashier 's check to the lawyer and send it straight to Shellpoint. He got quiet. So I smarted off " that closed your mouth and got you thinking huh? '' So he got smart with me. I told him they needed to do their job and stop XXXX us over. And he hung up on me. So now I am asking y'all for some help to getting this matter solved. So that we don't continue to get more behind on our payments than we already are.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-10-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Well my father passed XXXX and Shell Point mortgage servicing after that did not even try to help us didn't call back up for loan modification XXXX XXXX the guy that was supposed to help us talk we talked to him a few times but started not calling back they kept the process going while the loan modification was in process never got our documents they blocked our emails and then he was telling us to send the specific document when we need to send other things he was telling us to send wrong documents will they foreclose on the house they took the house after my dad passed my mom was just so exhausted she didn't even want to fight for it shoes she's depressed she's distraught you know nothing I could do about it I just think it's really sad how they did this to us since then my mom had was forced out and now she has really bad part of town I'm trying to help her out as much as I can and my dad did die in the house they fixed it up and they sold it my parents put {$65000.00} down in cash on the house when they bought it back in XXXX XXXX I believe it was and I don't know how this bank can go and go and continue to get away with this I don't expect anything out of this I just want them to be stopped they do this with lots of people they change their name of their company numerous times please help me thank you
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93314
Submitted Via: Web
Date Sent: 2020-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/2020, we were informed that my husband qualified for our state 's property tax exemption due to his military service. We filled out the forms and submitted them to our township, while it was processing our property tax came due and we paid them. Once the exemption was approved our township refunded our taxes from the period we had just paid, but the check went back to our mortgage company instead of coming to us. I have spent nearly two months providing proof of the exemption, trying to track down the check, having our escrow analysis run and trying to have a surplus check issued. On XX/XX/2020 I emailed a copy of proof of tax exemption to NewRex and according to our township, the tax refund check was sent XX/XX/2020. It took almost a month for our check to show in NewRez 's computers as received ( XX/XX/2020 ). While we waited an escrow analysis was run to lower our montly payment on XX/XX/2020. Upon making our XXXX payment I realized the amount wasn't lowered so on XX/XX/2020 I had to call again to figure out what we needed to do to stop the overpayment to the account, at which point I was put one a 45 minute hold ( by a CSR by the name of XXXX ) and subsequently hung up on. I immediately called back and asked to be connected to a supervisor. I spoke to a Mr. XXXX XXXX at XXXX, I was less than kind dealing with Mr. XXXX but hearing my frustration he told me he would take a look and make the necessary notes so that our payment would be updated. He assured me the payment would be corrected and that when our refund check showed a new escrow analysis would be run our our surplus would be returned to us. Mr. XXXX, gave me a number and an extension to reach him if the problem was not resolved by the following Wednesday. On XX/XX/2020, I, with the issues still unresolved I called the number provided to me by Mr. XXXX, the extension ( that I confirmed during our initial call ) did not exist. I tried the company dial by name directory and Mr. XXXX was not listed in the directory. I hung up and called again. This time I spoke to a CSR that was " checking with Mr. XXXX '' but who returned to tell me he was out of the office but everything would be solved by the next day, informing me I would have a call to confirm the following day. Needless to say nothing changed. The following day XX/XX/2020, I was informed by XXXX XXXX that the " escrow analysis was run incorrectly, '' I asked to be elevated and I spoke to XXXX Sellers who informed me that they payment information had been updated but that the escrow department was " closing out '' the request for a new analysis because XXXX, which is when our annual one is run, was approaching and it was too close to do another. When I pointed out that several of her CSRs ( some that very same day XXXX had each told me something different, she said that they were mistaken but that this is how it would go. She told me they would send a surplus check in 7-10 days after it was performed on XX/XX/XXXX. I hung up with her, grateful to possibly have an answer just to find out that hours later the escrow analysis was actually run on XX/XX/2020. A week later we received the new analysis in the mail. Although the surplus was listed on there we never received a check. I decided to try to wait until XXXX, to see if maybe they had to run it again, but nothing changed. I called tonight XX/XX/2020 and was elevated three times ( 45 minutes on the phone ) before getting in touch with and XXXX XXXX who told me she tried to reach out to the escrow team but that they had gone for the day. She said she " put it in the notes '' that there was an error, as checks are usually printed and mailed soon after the analysis. She said she could see that this was unusual. She could not help me any further due to the department being closed but told me to wait another two days for the problem to be corrected. She advised me to call on Monday if it was not showing in my account payments. This experience has be absolutely infuriating and a waste of my personal time. My calls have been a mash up of hours on hold, being hung up, being lied to, being told they could " see the problem '' but that there was essentially nothing they could do and I would have to wait for the problem to be fixed, all while they hold almost {$1000.00} of our money with no accounting for it. I believe there is some type of fraud going on with this company as it is extremely hard to get in touch with anyone, their information is almost always contradictory and when you finally get someone who may know what they are doing all they can tell you is that you have to wait for the problem to fix itself.
Company Response: Company believes complaint is the result of an isolated error
State: NJ
Zip: 08721
Submitted Via: Web
Date Sent: 2020-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Our mortgage experience with GREEN TREE SERVINCING originated out of our original loan in XX/XX/XXXX with CONSECO FINANCE f/n/a GREEN TREE FINACIAL SERVICING. While my complaint is directly related to the current actions of GREEN TREE SERVICING and DITECH FINANCIAL it is a direct result of a clear and calculated plan of these entities and their owners to circumvent and violate consumer laws using name changes, bankruptcy and/or creating new entities to shield their assets and avoid being held accountable and denying consumers the means to seek legal remedy caused by their actions. While the actions alone of a corporate name change, creating a new entity or filing bankruptcy may not be illegal doing them in concert with knowledge of avoiding the consequences of wrong doing and/or to avoid laws designed to keep necessary checks and balances in place to protect consumers transfers to a system of fraud and deceitfulness. Prior to becoming CONSECO FINANCE violations of consumer laws relating to mortgages began with GREEN TREE FINANCIAL and its violations of regulation Z and D pertaining high cost mortgages as this directly relates to our current situation. GREEN TREE FINANCIAL SERVICING was aware of these violations and stated such in its PROSPECTUS SUPPLEMENT filing with the SEC document ( XXXX ) date XXXX-03-02 page 33. The practice of shielding itself from the consequences of these violations are stated in GREEN TREE FINANCIALS SEC filing S-/3A ( XXXX ) under recent developments section S-22 where it puts forth its reasoning as DUE TO VARIOUS LAWSUITS IN BOTH THE UNITED STATES AND THE DISTRICT OF MINNESOTA that it would be changing its name to CONSECO FINANCE. As part of the name change a company was CONSECO SECURITIZATION was created and it stated the purpose of its creation the direct quote from its PROPESTUS ( see below ) CONSECO FINANCE SECURITIZATIONS CORP. Conseco Securitizations is a wholly owned subsidiary of Green Tree. It was formed on XX/XX/XXXX. Conseco Securitizations may only engage in the business of acquiring pools of contracts from Green Tree and transferring those contracts to trusts such as the trusts described in this prospectus, and activities incidental or related thereto. The principal executive offices of Conseco Securitizations are located at XXXX XXXX XXXX, XXXX XXXX, Minnesota XXXX and its telephone number is ( XXXX ) XXXX. Conseco Securitizations has taken and will take steps in conducting its business that are intended to make it unlikely that a bankruptcy of Green Tree would result in the consolidation of the assets and liabilities of Green Tree and Conseco Securitizations. These steps include the creation of Conseco Securitizations as a separate, limited-purpose corporation pursuant to a certification of incorporation containing restrictions on the permissible business activities of Conseco Securitizations, requiring that Conseco Securitizations have on its board of directors at least two directors who are independent of Green Tree, and requiring that all business transactions or corporate actions outside of the ordinary course of business be approved by the independent directors. Once GREEN TREE FINANCIAL became CONSECO FINANCE the violations continued and according to CONSECOS filing with SEC ( XXXX file date XXXX ) they were aware of these violations citing particularly the consequences of high risk loans as part of their loan pools. Pursuant to rule 12CRF ( 1026.32 ( d ) ) in particular relating to balloon payments as this is what has caused our current situation CONSECO FINANCE knew or should have known that the law provided a means test to identify high cost mortgages that may have been in violated certain provisions pertaining to balloon payments. Again after these violations posed legal jeopardy to CONSECO it moved to change its name back to a form of GREEN TREE FINANCIAL SRVICING to GREEN TREE SERVICING on XX/XX/XXXX under which it began servicing our loan. In XXXX of XXXX we received a letter from your BUREAU regarding a settlement with GREEN TREE SERVINCING ( see attached ) however our mortgage was then being serviced by DITECH FINANCIAL as a result of a merger between DITECH MORTGAGE CORP, DT HOLDINGS LLC and GREEN TREE SERVING ( see below ) STATE OF DELAWARE CERTIFICATE OF MERGER Pursuant to Title 6, Section 18-209 of the Delaware Limited Liability Company Act, the undersigned hereby executes the following Certificate of Merger : FIRST : The surviving limited liability company is Green Tree Servicing LLC, a Delaware limited liability company, and the corporation and limited liability company being merged into this surviving limited liability company are : DT Holdings LLC, a Delaware limited liability company, and Ditech Mortgage Corp, a California corporation. SECOND : The Agreement and Plan of Merger has been approved, adopted, certified, executed and acknowledged by each of the constituent corporations and limited liability companies pursuant to Title 6, Section 18-209 of the Delaware Limited Liability Company Act. THIRD : The name of the surviving limited liability company is hereby amended to Ditech Financial LLC, a Delaware limited liability company ( as such surviving entity, the Surviving Limited Liability Company ). FOURTH : The mergers are to become effective as of XXXX XXXX EDT on XX/XX/XXXX. FIFTH : The Agreement and Plan of Merger is on file at XXXX XXXX XXXX, XXXX XXXX, XXXX, FL XXXX, the principal place of business of the XXXX XXXX XXXX XXXX. SIXTH : A copy of the Agreement and Plan of Merger will be furnished by the XXXX XXXX XXXX XXXX on request, without cost, to any stockholder or member of the constituent corporations or limited liability companies, as applicable. [ The remainder of page intentionally left blank. ] ________________________________________ IN WITNESS WHEREOF, said XXXX XXXX XXXX XXXX has caused this certificate to be signed by an authorized officer, the XXXX day of XXXX, XXXX. GREEN TREE SERVICING LLC By : Name : XXXX XXXX XXXX : Assistant Secretary [ Certificate of Merger ] ________________________________________ State of Delaware Secretary of State Division of Corporations Delivered XXXX XXXX XX/XX/XXXX FILED XXXX XXXX XX/XX/XXXX SR XXXX - File Number XXXX Through the numerous conversions and mergers our mortgage was subjected to violations of consumer housing and credit laws as outlined in the original complaint filed by your Bureau. We were aware that our loan consisted of a balloon payment and attempted to refinance our loan on XX/XX/XXXX, through XXXX XXXX XXXX. We requested the payoff amount for the loan per the request of XXXX XXXX XXXX and was approved for the loan however at the closing of the loan GREEN TREE SERVICING would not accept the payoff amount they initially quoted and required an additional XXXX XXXX dollars. Though we paid our mortgage and was current at the time we were unable to get the approval for the additional funds as it was suggested that we do an upgrade to the home to get the necessary amount for the loan through the appraisal which was a 20ft x 18ft covered porch as an addition to the home we exhausted our saving in an effort to secure the loan. ( we were unable to get a copy of the loan document but attached is a copy of the appraisal ). As the loan neared maturity we reached out on numerous occasions primarily through the office located here in XXXX SC ( XXXX XXXX XXXX XXXX XXXX ) until it was closed to get help from GREEN TREE SERVICING even requesting help in XXXX, XXXX under HAMP we did receive the necessary documents and instructions on how to file ( see attached ) and submitted them to GREEN TREE SERVICING Loss Mitigation, XXXX XXXX XXXX XXXX XXXX XXXX AZ and received no response after numerous calls and their continuous documentation request in which we complied but with no results. Whereas the above stated events are directly related to the loan while under GREEN TREE SERIVING the practices only continued through the conversion to a new name occurred but individual ownership remained through the merger in which I believe is not just DITECH FINANCIAL or GREEN TREE SERVICING but the institutional practice of DITECH FINANCIAL HOLDING CORP f/k/a XXXX XXXX XXXX XXXX and its owners. DITECH continued the same practice of harassing with multiple calls within the hour several hours during the day in attempts to collect on payments only after a day or two late that fell within the ten day grace period, excessive fees and the refusal to accept proof of insurance. DITECH has continued the practice of GREEN TREE SERVICING in refusing to or engaging in any efforts to modify the loan. We did request a loan modification from DITECH because the balloon payment was due received the instructions and filed necessary documents with DITECH and again no response and filed again after we filed bankruptcy through the court portal ( see attached ). DITECH has also continually inflated the amount of the balance on the loan. In the notice of default letter ( see attached ) dated XX/XX/XXXX identifying the amount owed as {$80000.00} which we contend is not correct while in later statements after they filed bankruptcy and prior to the sale of its company starting in XXXX stating the balance to be as much as {$720000.00}. I made numerous calls to inquire about the discrepancy and was simply told this is what their records reflected. While we were under bankruptcy here in South Carolina because of the balloon payment our agreement was to pay {$600.00} per month which would be withdrawn from an account set up by DITECH FINANCIAL with XXXX XXXX XXXX the account information was changed during the process and ultimately closed in XXXX of XXXX and. Being under bankruptcy itself in the SOUTHERN DISTRICT OF NEW YORK COURT as part of its reorganization plan DITECH agreed to sell its assets which moved it to close the account. In XXXX of XXXX we received notification of a motion seeking relief was filed in the U.S BANKRUPTCY COURT FOR THE DISTRICT OF SOUTH CAROLINA by NEW RESIDENTIAL MORTAGAGE dba SHELLPOINT on behalf of XXXX XXXX XXXX acting as trustee for GREEN TREE SERVICING because of failure to pay. I reached out to the consumer claims representative over the DITECH bankruptcy in SOUTHERN DISTRICT OF NEW YORK XXXX XXXX ( XXXX email XXXX ) in conversation she explained the statements above as to why the account was closed but that we should have been receiving statements from SHELLPOINT as the new owner/servicer of the loan. I also pointed out that we received notification back in XXXX that company GREEN TREE SERVING was resolved in a merger ( see above ) she requested the information we received identifying GREEN TREE SERVICING as the holder of the trust. I sent a request to Ms. XXXX per our conversation through email for a copy of any statements SHELLPOINT would have sent in XXXX and was only provided a notice of transfer ( see attached ) sent by DITECH to the bankruptcy attorney dated XX/XX/XXXX though our account was closed and we had no means to make any payments to the account. Though the law requires that statements be sent unless an exemption is claimed under the Truth in Lending Act ( Regulation Z sec 1026.41 ) as we did received periodic statements from DITECH throughout the our bankruptcy. We believe this was intentional and used to provide a reason to file the motion. Our current situation is a direct result of the numerous violations ( including those they agreed to refrain from committing with your BUREAU ) of mortgage and other consumer laws perpetrated by GREEN TREE SERCVICING and DITECH FINANCIAL a company that pursuant to its merger agreement should have no longer but an announcement was made preempt the announcement of its settlement with your BUREAU and the FTC to protect itself from any potential lawsuits. While GREEN TREE and DITECH are direct offenders they are organizations who conduct business as laid out by those who manage them, these companies along with others fall under the ownership of DITECH HOLDING CORP f/k/a XXXX XXXX XXXX and the individual that manage them. XXXX XXXX XXXX Chief Executive Officer and President, Director XXXX XXXX XXXX ( 1 ) Executive Vice President and Chief Financial Officer XXXX XXXX XXXX, XXXX Executive Vice President and Chief Risk and Compliance Officer XXXX XXXX Chief Operations Officer XXXX XXXX XXXX Senior Vice President and Chief Accounting Officer XXXX XXXX XXXX Senior Vice President and Treasurer XXXX XXXX XXXX General Counsel, Chief Legal Officer and Secretary XXXX XXXX XXXX Senior Vice President and Chief Human Resources Officer XXXX XXXX Chief Audit Executive XXXX XXXX Senior Vice President of Financial Planning and Analysis and Corporate Development XXXX XXXX Chief Marketing Officer XXXX XXXX XXXX XXXX XXXX Vice President, Business Integration XXXX XXXX Senior Vice President XXXX XXXX XXXX Chairman of the Board XXXX XXXX XXXX Director XXXX XXXX XXXX These companies and along with the mangers leave in its aftermath families such ours in financial disarray along with the emotional stress and other loss financial opportunities.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 290XX
Submitted Via: Web
Date Sent: 2020-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This complaint is about my mortgage company NewRez. I found a better price for homeowners insurance. The policy went into effect XXXX. They decided to add flood insurance in the escrow account also. Someone missed the documents from Fema. I have sent the documents 3 more times since then. Even certified. I called again today XXXX and they still have not removed the flood insurance. I have a letter stating from XX/XX/XXXXthat they determined that I was not in a flood plan and would fix my escrow account. I have been over paying my house payment for 10 months now and still can not get this problem solved.I am promised every month that this problem will be resolved and my money will be returned. They owe me hundreds of dollars and still refuse to fix my escrow account. Unbelievable. Can you please help me with this matter. Thank You
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MO
Zip: 63010
Submitted Via: Web
Date Sent: 2020-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-08
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Shellpoint Mortgage took over this debt around 2017. The debt in questioned a principal balance amount and a Non Interest bearing amount of approximately $ XXXX. I tried to negotiate a payoff with the holder of the debt XXXX whom Shellpoint would not provide me with the contact information. I dealt with an individual at that time called XXXX XXXX who made me complete a hardship form, against my wishes in order for me to attempt to negotiate a payoff. I wanted to payoff the loan and my reason was not as a result of a hardship. I stressed this over and over again and he said. " If you want to try and do this then you have to fill it out '' I reluctantly did and the following he call and said very curtly that it had been declined without providing me a reason. It was then that Shellpoint began harassing me accusing me of non payment. In the past 2 1/2 years I began receiving calls from Shellpoint representatives informing me that this is an attempt to collect a debt. On each occasion I have been accused of non payment. The problem : My principal balance is not at XXXX cents. I have been making payments on time each and every month yet Shellpoint seem unable to apply my payments. Instead the monies are not applied but are shown on the statement listed as an " Unapplied payment ''. This is when the phone calls begin stating that they are attempting to collect a debt. I have attempted on countless occasions to resolve what is a payment processing problem by Shellpoint. I have spoken to numerous individuals who have apologized profusely and have promised that they will rectify what they have admitted to me is their problem. This has never been achieved and every 3 months I begin receiving calls from Shellpoint representatives attempting to collect a debt. I am going to attach the escrow statement that I received from Shellpoint when they last denied my claim to have late fees removed. During this time Shellpoint have sent people on at least 3 occasions to the property. A property that my XXXX year old mother lives in. These individual were taking pictures of the home. My mother called me distraught that she was getting thrown out of her home. I have tried my best to be reasonable with Shellpoint mortgage and after almost 3 years I have given up. I have attached the escrow account provided to me by Shellpoint showing the numerous occasions where I had to request return of late fees. I would like to report Shellpoint for harassing myself and my mother for almost 3 years.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33755
Submitted Via: Web
Date Sent: 2020-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have been a quality mortgage borrower for close to 2 years. I have never missed a payment and have good credit. My mortgage was transferred from XXXX to NEWREZ. I received a letter saying my automatic monthly payment ( ACH ) would be automatically transferred over as well. I called NEWREZ to confirm this and the lady said that everything was set there was no issues. My mortgage has always been automatically deducted on the XXXX of each month. On the XXXX of XXXX, the first month money would need to go to NEWREZ, I got a call from my bank that I was over drafted. I called and found out NEWREZ had taken the payment out on the first rather than the XXXX. As a reminder I had called in advance and their representative had told me thats not what would happen. I called them immediately and they told me they would transfe the money put back into my account within 24-48 hours. I called the next day to make sure it was being done as I had already suffered multiple overdraft notices and fee 's. This was a Friday. The representative assured me the problem had been elevated to a supervisor and was being expedited. The rep even recited back my bank and referenced the account number it was to be transferred. On Monday after calling my bank I discovered the money still had not been returned and it was not scheduled to returned. I called NEWREZ again! When I got ahold of a rep they said that they MAILED me a check. I told her that this was not acceptable. The money was electronically transferred out and I wanted transferred back in immediately as I was overdrawn and suffering fee 's because of their mistake. The rep said he would speak to his supervisor. When he came back he said that his supervisor told him that because of Covid automatic transfers were slower than mailing a check. That is ridiculous. There is no comparison. An ACH transfer is instant. I called back and asked to speak to a supervisor. I told her that my money was transferred out electronically and could be returned in the same way immediately. She said it could not be done as there would be a month or two delay that way!!!!! She was uncaring, smug and offered no option other than waiting for a check. I asked to speak to her supervisor. I was told it would be 24-48 hours before I could speak to her. It has been 48 hours. I continue to suffer overdraft fee 's. I was lied to and they refuse to promptly return my money. There should be repercussions for this. I have already contacted my bank about moving my mortgage, but this company needs to be held accountable!
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: PA
Zip: 17225
Submitted Via: Web
Date Sent: 2020-10-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: ATTN : MORTGAGE LOAN SERVICER, ACCOUNTING DEPARTMENT, DEPARTMENT of ESCROW, DEPARTMENT of INSURANCE, * FINAL QWR to IMMEDIATELY CONDUCT, RESEARCH, and PROCESS CORRECTED ACTION ( S ) of ERROR DATA on Account AND TO CEASE AND DESIST ALL ACCOUNT ACTIVITY in the INTERIM of TIME relating to PAYMENTS, FEES/CHARGES and TRANSMISSION of FCRA DATA, to further REPLY via WRITTEN EXPLANATION of ACTION TAKEN on Account with respect to the PERIOD of TIME ALLOTTED BY FEDERAL LAW. RE : ACCOUNT # Consumer : Address : Dear Sir or Madam : NewRez LLC dba Shellpoint Mortgage Servicing is the Servicer of my Mortgage Loan with XXXX, owned Lender, at the above address. I Dispute the amount that you claim is owed according to the Monthly Billing Statement and request that you send me updated information as to the OUTSTANDING Fees, Costs, and ESCROW accounting on this loan. This is a " Qualified Written Request pursuant to the Real Estate Settlement and Procedures Act ( section 2605 ( e ) ). Specifically, I am requesting the fo llowing information : 1. A breakdown of the amount of claimed arrears or delinquencies on Account, Including an Itemization of Dates/Explanation of all fees and charges you claim due on Account since recorded Date of Ownership ; NOTE TO DATE, This Account has been in a formal status of Written AGREEMENT of Forbearance and Deferment for the period of time commencing XX/XX/XXXX through XX/XX/XXXX and must be ACCURATELY APPLIED TO Account with a REANALYSIS of ESCROW that will then READJUST an ACCURATE MONTHLY PAYMENT OF ( {$250.00} ) * once this Account is recorded ACCURATELY via ONE : REMOVAL OF Lender -Responsibility TO Borrower Responsibility TWO : REANALYSIS of ESCROW ( ( {$450.00}. ) * CREDIT DUE TO ESCROW from Borrower ) AFTER the Erroneous action of the INSURANCE DISBURSEMENT dated XX/XX/XXXX to current. THREE : Borrower MUST BE INFORMED in WRITING of a TRUE STATUS of Borrower Responsibility To be COMPLETED PRIOR TO Borrowers REIMBURSEMENT to ESCROW, this Action is Demanded DUE TO THE NUMEROUS VIOLATIONS THAT HAVE BEEN INACCURATELY IMPOSED on my Account with DUE respect to CFPB, RESPA, FCRA, and other Government entities. EFFECTIVE XX/XX/XXXX, BORROWER REMAINS WITH IMMEDIATE CONCERNS TO INACCURATE RECORDINGS TO WRITTEN AGREEMENT OF FIDUCIARY DUTIES, INVOLVING NewRez LLC dba Shellpoint Mortgage Servicing, XXXX XXXX affiliation to Shellpoint Mortgage Servicing, and XXXX XXXX ( Banking Lender ). A Written Agreement to Forbearance and Deferment of Account commencing XXXX XXXX to XX/XX/XXXX has been in a NON COMPLIANT STATUS Of AGREEMENT with Shellpoint Mortgage Servicing, and has VIOLATED RESPA, CFPA, CFRA, FDACS, FTC, NACA FLORIDA LAW and STATUTES ACCORDINGLY, FOR I AM SUBMITTING WRITTEN DOCUMENTATION TO THESE TRUTHS FOR PURPOSES OF IMMEDIATE ACCOUNTABILITY OF INCLUSIVE PENALTIES AND CITATIONS THEREOF, AND DEMAND PROPER CORRECTION OF ERRORS TO THE FOLLOWING DAMAGES : * EFFECTIVE XX/XX/XXXX, a PAYMENT in the AMOUNT of ( {$340.00} ) was PAID TO ACCOUNT in Good Faith on my behalf, I DEMAND COMPLETION OF RECORD TO STATE Borrower Responsibility vs " Lender Responsibility '' per DENOTATION OF RECORD DATED XX/XX/XXXX, XX/XX/XXXX, AND LASTLY ON XX/XX/XXXX, AND therefore DISMISSING ALL INACCURATE CHARGES of LP Insurance that NEGATES THE ORIGINATION OF AGREEMENT and TRANSFER AND SALE FROM XXXX XXXX XXXX, AND due diligence to XXXX, TO CLEAR THIS ESCROW ACCOUNT ONCE AND FOR ALL, AND FURTHER COMPLY TO THE DEMAND TO REMOVE UNAUTHORIZED PAYMENT OF PROPERTY TAX ON ACCOUNT. ** THIS ACTION WILL PROPERLY SET ESCROW TO a XXXX BALANCE and REMOVE ESCROW. ** THIS ACTION WILL PROPERLY RE ESTABLISH the ORIGINAL STATE of LOAN and PAYMENT AGREEMENT of ( {$250.00} ). 2. An Explanation of how the Monthly amount due of ( {$340.00} ) current, and effective XXXX XXXX, ( {$350.00} ) was increased FROM the ACTUAL PAYMENT OF ( {$260.00}, P & I/Tax ) dated XX/XX/XXXX with Consideration to an Amortization Schedule dated XX/XX/XXXX, ( {$250.00} ) AND HOW THIS INCREASE RELATES TO THE STATED AND MOST UPDATED CORRESPONDENCE : * AMORTIZATION SCHEDULE, dated XX/XX/XXXX Correctly stating P & I ( {$250.00} ) * LP INSURANCE, UNLAWFUL ACTS of Violating my Rights, XXXX XXXX MADE AN UNLAWFUL CHOICE IN CONTACTING MY PRIVATE INSURANCE COMPANY TO PAY A REMAINING BALANCE IN XX/XX/XXXX THAT WAS NOT EVEN DUE AT THE TIME on my behalf HOWEVER DISBURSED A PAYMENT OF ( {$450.00}. ) THEN DEDUCTED THAT PAYMENT FROM ESCROW TO A NEGATIVE BALANCE, AND PROCEEDED TO AGAIN, ADD THEIR HIGHER LP INSURANCE ONTO MY ESCROW, this was acknowledged per my phone conversation, XX/XX/XXXX ( per XXXX, Ins Dept Supervisor ). FACT CHECK DATA : on XX/XX/XXXX it was concluded on record that I indeed was Correct in my Statement with the Status of BORROWERS Responsibility vs Lender, therefore, NO LP INSURANCE Authorized. * PROPERTY TAX, I am advised that my Property Taxes are scheduled to enter into ESCROW, XX/XX/XXXX XXXX This is INACCURATE info as I still remain with the Authorization Forms on hand and therefore have NOT Authorized said Transaction. 3. The payment dates, purpose of payment, and recipient of all ESCROW ITEMS charged to my account since Date of Record, with INCLUSIVE BREAKDOWN of the current ESCROW CHARGE showing how it is calculated and the reasons for an increase within the last 24 months ; NOTE : The CORRECT PAYMENT OBLIGATION PER THE ORIGINAL LOAN ( XXXX XXXX XXXX ) AND All Legal Context to be Upheld and Carried out Appropriately. 4. A copy of any annual escrow statements, and notices of a shortage, deficiency, or surplus, sent to me within the last Two ( 2 ) years ; and 5. The current balance in any suspense account as of XX/XX/XXXX and the reason why such funds were deposited in the account. 6. A complete copy/report of Record presented to the Federal Consumer Reporting Act effective Date of Ownership. NOTE : INCLUSIVE TO XXXX, XXXX, and XXXX. * EFFECTIVE XX/XX/XXXX, YOU HAVE INACCURATELY ALLOCATED MY MORTGAGE PAYMENTS via ERRONEOUS AND UNLAWFUL ACTS OF PURSUING LP INS, Not once but THREE ( 3 ) times over WHEN IN FACT PROOF OF BORROWER INS WAS PRESENTED on an ESCROW STATEMENT DATED XX/XX/XXXX, THIS STATEMENT FURTHER PROVES THIS ACTION WAS THEN REVERSED EFFECTIVE XX/XX/XXXX, AND CLEARLY STATES ABSOLUTE WRITTEN EVIDENCE OF A CREDIT, ( {$200.00} ) PLACED BACK into ESCROW, AND THEREFORE MAKES EVIDENCE TO ESCROW VIOLATIONS, AS YOU THEN PROCEEDED WITH KNOWLEDGE TO THE UNLAWFUL AND MALICIOUS ACT OF WILLFUL INTENT TO ( WITHOUT ANY AUTHORIZATION ), CONTACT AND PAY MY PRIVATE HAZARD POLICY 'S REMAINING BALANCE OF ( {$450.00} ), IN XX/XX/XXXX, THEN REPLACE MY INSURANCE WITH ONCE AGAIN, A THIRD TIME WITH YOUR LP INS, ( XXXX XXXX ), WITHOUT ANY NOTICE of NOR DECLARATION of POLICY Addressed TO ME, the BORROWER that was Erroneously CHARGED with a Larger monthly Payment along with Payments to my HOA that Includes this Insurance! ** PLEASE SEE DOCUMENTED REPORT OF FINDINGS. I will begin by stating that with Truth and Transparency of Written Documentation, that the following Transactions have occurred from the onset of the Sale of my Mortgage Loan from XXXX XXXX XXXX to XXXX, NewRez LLC dba Shellpoint Mortgage Servicing beginning XX/XX/XXXX. The following List of Entities are included and will be copied immediately following this Complaint for purposes of holding accountability to the Party at fault by way of due Justice : *RESPA Violations as it relates to the Mortgage Breach of Contract with respect to the following Entities. *FDACS as stated *FTC as stated *NACA as stated *FDCPA as stated *FCRA Violations relating to the Unfair Credit Reporting Practices *PLEASE NOTE that after a recorded ( 122 # ) phone call attempts, QWR ( 2 ) attempts, and POC Account Email Communications, *for I still remain in an Incomplete Status. On XX/XX/XXXX a Notice of Loan Transfer was sent to me from XXXX stating that as of XX/XX/XXXX the Services of my Mtg Loan will be taken over by Shellpoint Mtg Svcg with Statement Fact that my Monthly Payment will not be affected and No change to the Terms and Conditions, to follow, dated XX/XX/XXXX, I received a XXXX Statement of Escrow indicating my mo pymt of ( {$250.00} ) P & I, and ( {$7.00} ) Property Tax for a total of ( {$260.00} ) However I received a Notice of Transfer from XXXX After the Fact, dated XX/XX/XXXX being Clearly outside of a 15-day window, ADDING to this, Shellpoint has INACCURATELY REPORTED LATE PAYMENTS TO my Credit Bureaus TO INCLUDE Ownership of Mtg Loan dated XX/XX/XXXX when in FACT I was making PAYMENTS to XXXX, AND Shellpoint moved to further FALSIFY recorded Payments with Reported Derogatory Marks on All my Credit Bureaus from XXXX, I am STILL Disputing my Credit as I have Never defaulted on my Mortgage Loan since the XX/XX/XXXX onset date and there MUST BE ACCOUNTABILITY for this! RE- ESCROW sudden Change : Upon my Original Loan Agreement with XXXX, my Escrow *Only included Annual Taxes, No LP Insurance AND was transfered as such, My initial Three ( 3 ) Payments with S/P were fully transparent and accurate, in XX/XX/XXXX all of a sudden * After proof of Borrowers Insurance Policy, My Payments INCREASED BY XXXXapprox $ XXXX/mo with Addition to the Third Party Vendor Insurance, XXXX XXXX ADDING ON their higher costs of Hazard Insurance, therefore moving my monthly payment from {$250.00} to {$340.00}, not just once but Two Additional times within a menial 9/mo period and now they have reported every month late in payment to which is not true I have never been delinquent on my mortgage account from the onset of XX/XX/XXXX with XXXX XXXX XXXX FINALLY on XX/XX/XXXX it became very clear to the Insurance Dept that in-fact the ESCROW is of Borrowers Responsibility vs Lenders, However `` it Does Not stop there.., '' Their In-house insurance, XXXX XXXX literally PAID " my Personal Policy Without Authorization AND Placed their LP Ins back onto my Account! TO CURRENT, I have been on an Offered Forbearance and Deferral, XXXX XXXX - XX/XX/XXXX HOWEVER my Account Activity in my PORTAL is RECORDING ADVERSE ACTIVITY for the above stated duration of time and has since ( from XX/XX/XXXX ), FLIPPED BACK my Account recording Lender Responsibility status from the most recent documentation on XX/XX/XXXX, Borrower Responsibility AND I AGAIN have an Insurance Pymt scheduled this month, XX/XX/XXXX forward AND " Though Never giving Authorization for neither Insurance nor Taxes, '' I, too have Taxes coming out of Escrow, XX/XX/XXXX, I actually have the Unsigned AUTH Form on hand ALONG with All Written and supported Documentation for the record. Please Note that I must get this resolved and have received Legal Alternatives with two separate Attorneys on these Issues HOWEVER this would have to go through the Federal Court system and could very well tie up a lot of time AND will Financially bind me. My last conversation with the Insurance Department Supervisor, XXXX, it was stated that if I moved to reimburse the {$450.00}. insurance disbursement, I would no longer have an escrow account however that same day, XX/XX/XXXX within two hours, I called back and spoke to XXXX XXXX, a customer service supervisor and was told NO, that would not clear or XXXX out my escrow account and as a matter of fact my XXXX payment again includes an insurance payment and in XXXX my property tax payment is scheduled to come out of escrow .. I am very confused, Extremely Frustrated and Disappointed that my EXPENSE IN TIME and EFFORT for ONE FULL YEAR NOW Still in a Disastrous State for at this point I have absolutely no confidence nor faith with Shellpoint Mortgage Servicing And I last spoke with my Point of Contact, XXXX XXXX in loss mitigation as she was attempting to correct the deferment for XXXX and XXXX and thats where my contact has stopped. I WISH TO : *Accurately IMPOSE PENALTIES and FINES to the Violations that I will provide proof of, for these Violations have FALSELY-DRIVEN a NEGATIVE FCRA recording. *ACCURATELY Enforce a proper Borrower Responsibility on Account record, with all necessary CORRECTIONS TO the months affected by my Escrow Account for the record, AND *once I am secure with the above, I will feel confident in contributing the erroneous Insurance Disbursement into Escrow, therefore to further commence with accountability to the Original Agreement. Please note that I am truly AFFECTED BY THIS ongoing Erroneous Behavior and activity and I will fully Attest to these statements so help me God. Respectfully,
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 337XX
Submitted Via: Web
Date Sent: 2020-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Hello- I was given this contact to hopefully provide assistance. Timeline of events : I bought a home in XX/XX/XXXX and used XXXX XXXX XXXX. They sold my mortgage to NewRez/Shellpoint. My Credit score was XXXX My 1st payment with NewRez/Shellpoint was XX/XX/XXXX I pay all my bills through XXXXXXXX XXXX XXXX XXXX XXXX Bill Pay New Rez stated they didnt get my XXXX payment, my 1st payment through my banks autopay I supplied proof of my ACH autopayment to New Rez. My banks fraud department also reached out to New Rez In XXXX, my XXXX payment was found by New Rez/Shellpoint and applied. My Credit report show 30 days late payment for XXXX New Rez received my XXXX payment by ACH autopay and it was applied New Rez states they did not receive XXXX ACH autopayment I supplied them with proof of ACH auto payment from my bank New Rez did not correct my account They received my XXXX payment auto payment and applied it to my XXXX payment. My credit report now shows 30 days late for XXXX, 30 days late for XXXX, and 60+ days late for XXXX I provide proof of all my on time payments to New Rez for XXXX, XXXX, XXXX, and XXXX I check my credit score in XXXX and its dropped to XXXX I make dozens of calls to new rez that have no results I am asked to send in more documentation of payments and find out the email I was told to use does not support attachments Actions I have taken : I have made numerous calls to NewRez/Shellpoint I have made dozens of emails to New Rez/Shellpoint I have provided my banks ACH transactions showing on time payments I have contacted the Cooperate Compliance attorney for XXXX XXXX who sold my loan to NewRez/Shelpoint On XX/XX/XXXX I have contacted the Indiana Attorney General and filed a complaint On XX/XX/XXXX I filed a complaint with the Indiana division of consumer finance On XX/XX/XXXX I filed a complaint with Federal Division of consumer finance On XX/XX/XXXX I contacted Indiana state senator with concerns of ethical practices of mortgage lender On XX/XX/XXXX I contacted Indiana congressional representative regarding concerns of ethical practices of mortgage lender On XXXX have filed disputes with XXXX and XXXX On XX/XX/XXXX I completed brief internet search and found 100s-1000s of complaints to XXXX XXXX XXXX in various states with complaints exactly like mine regarding NewRez/Shellpoint My name is XXXX XXXX My contact is XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 46902
Submitted Via: Web
Date Sent: 2020-10-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A