Date Received: 2020-01-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I had an approved modification with a payment due on XXXX As my pay source delayed my money to be received also in XXXX, my payment was delayed causing a cancelation of my modification on or about XX/XX/XXXX I received a letter limiting me to only choices to give up my family home and all of my equity earned by cash paid renovations and additions. I appealed this decision immediately, supplying documentation from My pay source that the delay was not my fault- To date, I have not received a response to my appeal. On XX/XX/XXXX. I submitted a new application for modification along with my appeal. I receive a letter acknowledging the application, giving me until XX/XX/XXXX to complete any documents that might be missing - I called to address same and was told different answers : that my application was on hold, closed, and yet other representatives told me that they had received additional documents for my file. I wrote a letter confirming that I had received the acknowledgment letter and expected Shellpoint to honor their letter giving me until XX/XX/XXXX, meanwhile, while not reviewing my file, they sent a Notice under power dated XXXX XXXX XXXX establishing the present sale date of XX/XX/XXXX, on or about XXXX/XXXX I sent a 10 day demand request for the XXXX accounting to the alledged owner of the note, as I also sent a letter of dispute for the amount of debt owed. I have receipts of all letters. To date I have not received any response. no representative has called me from Shellpoint regarding my application, the sale date, my requests for actcounting, nor dispute of debt - I also sent correspondence regarding no. Compliance with the Fair Debt credit reporting Act and reg x laws, particularly the section on dual tracking I recently received an offer, to reinstate the mortgage by paying an amount that includes fees and Atty fees and other fees that I would like to see on my ledger- To accept this offer, I called and spoke to XXXX at Shellpoint on XX/XX/XXXX - we raked for approx 32 minutes- she was understanding about my concerns - as this large amount may be harder on Me and my business, we discussed a repayment plan as well as a modification. XXXX reviewed my documents and said I can offer you a modification. She told me that my payment would be {$3100.00}. And the first payment would be due on XX/XX/XXXX. -she also set an ACH payment to be drafted on XX/XX/XXXX - I next received a call from XXXX XXXX the supervisor, explaining that before a pre authorized payment could be done, I would need an approved modification and to cal in approximately 2 days for the workout/ approval- I followed up on XX/XX/XXXX following XXXX holiday as he explained, spoke w the available representative, who was very rude, telling me that the average homeowner does not have knowledge of XXXX XXXX and said their were no notes on the file of the offer of modification given to me verbally and confirmed in my follow up letter confirming the conversation with XXXX on Friday XXXX XX/XX/XXXX. She saw the notes made by XXXX in regard to the Pre authorized ACH payment, but left out that he told me to call in approx 2 days for the workout approval. Time is running close now to the foreclosure sale date - Shellpoint is not returning my calls, reassigning representatives, even today I was directed to a new spice representative - I am being treated unfairly as a consumer in good faith asking for some assistance - I have had past experiences with Shellpoint in which were shocking and harmful that I have consulted with an Atty about who tells me I have a cause of action - I would like to retain my home and believe I Shellpoint isghod honor their own words both in the XX/XX/XXXX letter, and verbally by one of their representatives offering me a modification. It is just a matter of ethical good business. The foreclosure sale legally can not be held as the debt is disputed- this has been sent to the investors and cc to Shellpoint -? i would like to work with my mortgage co to the good of both me and Shellpoint - it takes 2 parties to make this happen
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30060
Submitted Via: Web
Date Sent: 2020-01-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have a home loan with New rez mortgage company and since the beginning I chose to have an escrow account so the company would pay my taxes and home insurance and I thought my taxes were paid on time.i always paid the monthly bill on time.on day I get a check from the company and I called them what is the check for and they told you just been overpaying.when I get my XXXX statement my payment was lower then usual and I called them again and they told that the bill its lower because we are not responsible for paying your taxes.they removed the taxes from the escrow account without my permission and didn't not let me know.now my sumer taxes didn't get paid since XXXX and they told me that when I called on XXXX.i keep sending emails about resolving the situation and keep calling them to fix this.at the end of XXXX are my sumer taxes due and the winter taxes too.i told them am gon na pay my taxes myself but I want reimbursement for everything that did and answers why, when, who did take off the taxes from my escrow account?! I called a week ago they told me it's my fault that now they have to pay interest on late taxes.i cant deal with this company anymore.i told them I don't want them to pay my taxes anymore I want reimbursement for everything they did without permission and notice and answers.their supervisors are so rude, the lady supervisor told me we had intention to pay the taxes and then we didn't pay and it's you fault for that.this is causing me stress and frustration.i have all the emails I sent to them, statements.i need this to be resolved.i don't trust them anymore
Company Response: Company believes complaint is the result of an isolated error
State: MI
Zip: 48186
Submitted Via: Web
Date Sent: 2020-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-22
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Shellpoint mortgage servicing inc., is claiming they are the new servicer and that NEW REZ Trust is the new owner, with at first XXXX XXXX as trustee, but now has allegedly changed to XXXX XXXX. originally this mortgage was in a XXXX XXXX XXXX and do not believe it can be removed from a tax exempt XXXX trust. I NEVER received any notice from the " new owners '' only the servicer, saying that it was not being recorded publicly. the " assignement '' were from MERS who has no authority to assign, as the Courts have decided. the " debt '' does NOT exist, and therefore there can be no " Mortgage '' but they claim they can still take the home, because there is a valid " lien '' but will not provide proof of anything, including their alleged " debt '' they are harming, injuring and forcing me to pay for a " legal entity '' which was created by the State and is NOT me, they are placing me into involuntary servitude and " debt '' against XXXX 's will. all this fraudulent, concealed " banking '' as they do not own money, or anything as fictions can not and do not have dominion. if there was an actual " loan '' where did they get the money? was it real money in accordance with the Constitution ( money is gold and silver ) and in accordance with the Federal Coinage Act, April 2, 1972? I bet not, it is nothing more than a satanic, pagen, communistic scheme to steal the American people 's wealth, property and labor, for a few foreign " bankers '' aka XXXX 's minions. as We the People, the true creditors and true people of god and his dominion, we are tired of all this fraud, we are tired of the foreign agents ( XXXX XXXX XXXX ) and their Oath to the Crown/ City of XXXX or the master banker. XXXX we know there is no money, we know we are being abused and XXXX, plundered and pillaged, but where is the legislation that allows this madness? private-woman- Noncitizen-American- National. original " WE the PEOPLE '' granters of " governments ''
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IA
Zip: 523XX
Submitted Via: Web
Date Sent: 2020-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My original mortgage company filed bankruptcy and now shellpoint mortgage has taken over, and today i continue to follow up on having my account reflect the accurate amount I have even provided proof of my payments that were made by money orders but shellpoint continues to send me delinquent notices as if I havent paid I have called and they tell me it takes 30 to 60 days but I keep getting the run around. I paid by money order not check my account should reflect current but they refuse because they said they a debt collector and they trying to illegally take my home on false information. Please help. I have provided proof within this email. I can also send all other emails that I have continued to send trying to get this matter resolved but they keep sending certified mail when they have evidence that my mortgage should reflect current. They will call me stating that they are going to fix the situation but the individual won't put any of what she says she's going to do in writing, which disturbs me. Today they continue to send stacks of mail when payments have been made as required. I have also submitted the XX/XX/2020 payment and awaiting it to post but I understands that takes time. They sent an letter stating what was due, when you add up what they stating was missing it was the money orders that they say they can't allow to reflect on the account until they speak with XXXX, this wouldn't be an issue if information was sent within a timely manner informing me of the changes and whom to send the payments to, instead they are now doctoring documents trying to make it as if I owe something when I don't have shown how documents sent out are inconsistent and full of fee 's that shouldn't he paid these payments in question by money order, but still charged an NSF charge. This doesn't make since, when I speak with them verbally they tell me things like disregard the bills coming or don't worry about it and we are working on it, we are going to fix this, I'm sorry your going through this, we are going to make this right, we are going to fix your credit with all the credit agencies and remove the late payments and all the NSF charges. The manager was able to determine while my dad was late at times he never missed his payments and according to what it's reflecting he owes and what has been provided as proof my dad owes nothing but XX/XX/2020 payment and that has been mailed off. Today XX/XX/2020 nothing is fixed and I have an another verbal appointment with them tomorrow between XXXX and XXXX eastern time for them to verbally tell me what they refuse to put in writing. If it wasn't for the emails that reflects this unprofessional pattern of business they would have never communicated with me and they would have continued providing me the run around. XXXX XXXX XXXX
Company Response:
State: GA
Zip: 30034
Submitted Via: Web
Date Sent: 2020-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: To whom it may concern, The file was originally submitted to Shellpoint mortgage back on XX/XX/XXXX and deemed complete and with underwriting pending a decision as of XX/XX/XXXX. The 10 day delay was due to waiting on the appraisal of the home ordered by the servicer. On XX/XX/XXXX the file was denied due to debt to income ratio but per my conversation with the assigned SPOC on the file XXXX XXXX the denial was so vague we submitted an escalation of the file to someone higher to get more information from the investor. We did not receive a response from the investor until XX/XX/XXXX in which they stated the following. The servicer used limited expenses not all of them were used in the review and the payment would have increased to XXXX a month if it was approved but it was denied due to NPV not income or DTI and stated they declined it after they looked at the fact there was a small amount of equity and also the amount of delinquency and the length of the delinquency. We requested at this time a payoff on XX/XX/XXXX and one was ordered because there was also a huge discrepancy in the amount owed by the client and per the SPOC they were charging the client future interest at the time of default. We did not receive the payoff until XX/XX/XXXX and once we were in possession of this document we requested a copy of the mortgage note XX/XX/XXXX as well to confirm the investor was allowed per that agreement to charge interest on the loan the way they were and not the way it was agreed upon. We did not receive the note until XX/XX/XXXX and after reading the note it is evident that they are not adhering to the terms of the loan according and secondly per CFPB guidelines everyone is entitled to one modification for the life of the loan. WE have more than one mortgage statement which reflects different balances as the default amounts are significantly different and also brought this to the attention of the servicer the balances needed to be fixed immediately as this would drastically effect the outcome of any modifications that could be offered at this time. There has been nothing but constant delays and handling of this file from the very beginning
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 928XX
Submitted Via: Web
Date Sent: 2020-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our mortgage was recently transferred from XXXX to XXXX XXXX. In XXXX, I contacted the company to insure that they would pay our XXXX property taxes as we escrow and have always had the mortgage company pay on our behalf. I was told that yes they would and that once they receive the bill from the taxing authority they would remit payment on our behalf before the due date of XX/XX/XXXX. On XX/XX/XXXX i went into our online account and noticed that our escrow balance had not been reduced by the tax amount. I called Customer Service on that date and was told there was an error on our account and the paperwork indicated borrower to pay. The rep took the information and assured me the issue would be corrected and taxes would be paid within 5 business days. After several more attempts and calls with customer service, we are now 2 weeks out and there is no resolution and i have received no follow-up. I keep calling customer service and told i would have a call with a resolution within 2 business days. We are now 10 days away from the final due date of property tax payment.
Company Response:
State: WI
Zip: 535XX
Submitted Via: Web
Date Sent: 2020-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX, I received this msg ; Shellpoint Mortgage Servicing would like to welcome and inform you that effective XX/XX/XXXX, the servicing of your loan has transferred or will transfer from XXXX XXXX XXXX XXXX XXXX to Shellpoint. In my loan modification agreement with XXXX, page 3 ; item C ; paraphrasing, " so long as your modified loan remains in good standing, on the first, second and third anniversary of XX/XX/XXXX, the lender shall reduce the deferred principal balance equal to one-third of that balance. XXXX did the first one-third write-down ( {$37000.00} ). After the loan transfer ; I contacted Shellpoint ( XXXX XXXX ) to request that the second one-third to be written off. Nothing happened. I sent another email XXXX XXXX, XXXX requesting that the balance to be fully written off. I received an email to call XXXX XXXX, which I did ; left a msg ; have not heard anything. I have not been successful at getting Shellpoint to honor this agreement and write off the second and third reductions. This is affecting my credit score because Shellpoint is reporting the mortgage balance with the deferred balance included. I ask for your help. Thanks you.
Company Response: Company believes complaint is the result of an isolated error
State: MD
Zip: 20774
Submitted Via: Web
Date Sent: 2020-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-21
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: QWR NOTICE OF ERROR SETTLEMENT OFFER ENCLOSED WITH SUPPORTING DOCUMENTS SHOWING XXXX 'S STAFF COMMITTING FRAUD AND TRYING TO COLLECT DISCHARGED DEBT.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX I filed a complaint against XXXX XXXX case number XXXX based on an error that XXXX made on my escrow account and request that I make up the error payment over 12 months. The result ended with XXXX agreeing to spread out on 60 months. XX/XX/XXXX, XXXX sold my mortgage account to NewRez Mortgage. NewRez continued to charge the amount of {$2000.00} until they increased my payment in XX/XX/XXXX and XX/XX/XXXX, {$2400.00} that included the escrow amount that was not spread out. There are 2 years remaining of the 60 months from XXXX. I am asking NewRez to spread out the escrow amount the was in error, the remaining 2 years so that I can afford to pay monthly. Below is a summary of failed attempts to resolve my issue of overcharged monthly amount, in order to afford payments. They do not want to refund the overpayment in XXXX or XXXX and charge the correct amount for XX/XX/XXXX. I have called NewRez Mortgage company to follow up on my original complaint of overcharging my account XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. On Saturday XX/XX/XXXX, at XXXX am ( after 42 minutes ) I spoke with XXXX XXXX in collections, who stated that NewRez company is not going to credit my account from XXXX and XXXX the amount you overcharged. She stated your escrow department will only begin to charge the correct amount starting XX/XX/XXXX. To summarize the issue : On XX/XX/XXXX, I emailed New Rez company the documents that support my escrow account to be spread over 60 months since XXXX. I was told from XXXX on XX/XX/XXXX, that the correct amount should be {$2000.00} and would be corrected once I send the letter from the Consumer Financial Protection Bureau. Then on XX/XX/XXXX, NewRez refunded my account the XXXX payment that was auto draft of {$2400.00} as oppose to the amount requested of overpayment of {$380.00} for XXXX and XXXX months totaling {$760.00}. On XX/XX/XXXX I followed up with a call to state I was refunded the total XXXX payment and was told the reason NewRez refunded the one month payment was that they were investigating and refunded my account while this was occurring. Thus, after not hearing from NewRez, I followed up again XX/XX/XXXX and spoke to XXXX XXXX. My payment for the month of XXXX is now showing non payment of the incorrect amount and shows LATE. Due to the lack of cooperation with NewRez, I am submitting a formal complaint to Consumer Financial Protection Bureau to request consumer right by spreading my account over the 60 months that started in XXXX per XXXX XXXX account. I should not have to bear the burden with the two Mortgage company transactions that took place with NewRez purchasing mortgage accounts from XXXX XXXX. Can you please help to resolve this issue. Thank You, XXXX XXXX XXXX XXXX XXXX
Company Response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
State: PA
Zip: 151XX
Submitted Via: Web
Date Sent: 2020-01-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/XXXX NewRez LLC d/b/a Shellpoint Mortgage Servicing f/k/a New Penn Financial XXXX XXXX XXXX, XXXX XXXX XXXX, SC XXXX VIA FIRST CLASS MAIL AND CERTIFIED, RETURN RECEIPT REQUESTED XXXX XXXX XXXX XXXX XXXX ALSO VIA FACSIMILE TRASNMITTAL XXXX To Whom it may Concern ; I am Counsel to Mr. XXXX XXXX and am contacting you pursuant to the provisions of Massachusetts General Laws, Chapter 93A, Section 9, the Consumer Protection Act. Upon my review of various correspondences from your organization it is clear that you have committed a Breach of Contract and other violations of the Consumer Protection Act. These actions relate to Loan No. : XXXX, date of execution, XX/XX/XXXX ( hereinafter the Loan ). In addition as clearly delineated below, your acts are far beyond the standard of willful and knowing and as such fulfill the statutes requirements to initiate a trebling of the existing damages as well as attorneys fees. Your claim that there were delinquent taxes is self-serving and false. You made no effort to inform Mr . XXXX of your tax vendors assertion, but instead unilaterally took steps that you have no authority to take, and your failure to ensure accuracy in your decision making has now caused irreparable harm and damages. Furthermore, in light of your assertion that this breach was initiated by a tax vendor, I am further requesting the name of said, tax vendor, so as to place them on notice of this 93A Demand Letter as well as any/all documentation supporting these claims, statement or assertions. As part of my outline of requested relief, I make specific reference to your correspondence dated XX/XX/XXXX ( hereinafter XX/XX/XXXX Letter ) ( See attached Exhibit A ), which amounts to several admissions of liability, continued unfair and deceptive acts and practices and settlement attempts best described as unfair and deceptive settlement efforts. Despite your claim that this loan is in default for XX/XX/XXXX through XX/XX/XXXX, the reality of this situation is as follows ; 1. Far before XX/XX/XXXX, in no less than 4 separate correspondences from Mr . XXXX himself, you were placed on notice of the Escrow Account Dispute. The investor, the servicers and all parties representing the lender or anyone that you might have any legal privity with, past or present, recognized the existence of a Property Tax Deferral on Mr. XXXX property, pursuant to M.G.L. c. 59 s. 5, clause 41A ( See attached Exhibit B ). This was the primary reason why the loan closed as borrower paid. Aside from the Escrow Waiver executed at the inception of the Loan ( See attached Exhibit C ), Mr . XXXX also received assurances via email from a specific employee of New Penn Financial. 2. Despite all the efforts made by the banks, investors, underwriters, title examiners and insurers and closing agents and attorneys, that prepared and assembled the Loan Origination contracts and documentation, your organization decided to unilaterally change the explicit terms of the existing contract. On or about XX/XX/XXXX Mr . XXXX noticed the presence of an Escrow Balance line item on his monthly statement. This effort was a clear breach of the contract established on XX/XX/XXXX. As you clearly admit ; the loan closed as borrower paid, non-escrow for tax and insurance since the loan to value was less than 80 %. 3. Once again your XX/XX/XXXX Letter provides explicit evidence of your intention to continue the breach of contract and increase your damages when you continue to discuss your Escrow Analysis. You appear to have completely embraced the Breach of Contract and are prepared to continue with it despite your admission supra item 2. 4. Once again your XX/XX/XXXX Letter provides explicit evidence of your intention to continue the breach of contract and increase your damages when you discuss your Investor not approving a tax deferral. Now your organization is presenting the classic psychological stages of grief. Perhaps grief at the knowledge that you have committed acts in violation of the contract as well as the Massachusetts Consumer Protection Act. This discussion is either some attempt to defend your Breach or perhaps this is the Denial stage ; You are now calling the Breach a simple offer by Mr . XXXX to have his Escrow account waived, which you are simply rejecting, of course. This is the basis of your unfair and deceptive actions. 5. Once again your XX/XX/XXXX Letter provides explicit evidence of your breach of contract. Your offer to approve a shortage spread is a complete and absolute admission of liability for breach of contract and also prima facie evidence of your unfair and deceptive settlement practices. As your first attempt to mitigate damages does not offer anything near the benefits afforded Mr . XXXX by the Property Tax Deferral Statute, M.G.L. c. 59 s. 5, clause 41A. 6. Once again your XX/XX/XXXX Letter provides explicit evidence of your intention to continue the breach of contract and increase your damages when you discuss offers that provide none of the benefits afforded by the original Tax Deferral. I speak specifically to your claims that this loan is in Default. Mr . XXXX has always been prepared to pay the monthly principal and interest figure as agreed in the original contract, yet as part of your continued unfair and deceptive acts, you have comingled this disputed Escrow Issue, with the monthly statement amount. You are clearly aware that this dispute refers to an escrow balance and in no way relates to loan monies, however your fateful decision to co-mingle these disputed escrow figures with the monthly loan payment is yet another unfair and deceptive act. Despite the tenuous stance of your current circumstances, Mr . XXXX is a fair individual and has no desire to take advantage of your servicing and management deficiencies. As soon as your organization discontinues its breach and other unfair and deceptive acts, Mr . XXXX is prepared to continue making full payment on the total principal and interest figure that is due and owing. Your Organization must immediately cease and desist any/all claims or efforts regarding default of this loan. Furthermore, Mr . XXXX is simply seeking the benefits afforded to him under the existing Property Tax Deferral Rules of the Commonwealth of Massachusetts. You are aware or should be aware of these as well as all applicable Massachusetts rules and regulations. I am certain that you and your organizations Board of Directors and specifically named Managers made such assurance to the Secretary of the Commonwealth of Massachusetts when you registered as a Foreign Limited Liability Company on or about XX/XX/XXXX. Furthermore, I make formal demand that you remove this account/loan from any/all default or late status of any kind, including but not limited internal memorandum and account notes, any and all information relayed to a 3rd party or other reporting or data gathering entity. Mr . XXXX reserves the right to amend this demand should any additional effects of adverse financial dissemination arise at any point in the future, with no statute of limitation as you are currently on formal notice of the past present and seemingly ongoing breach of contract, and unfair and deceptive acts on the part of your organization, its agents an servants. Pursuant to the provisions of Massachusetts General Laws, Chapter 93A, Section 9, the Consumer Protection Act, you have the opportunity to make a good-faith response to this letter. Your failure to do so could subject you to triple damages, attorneys fees and costs, as such I strongly advise you to bring this to the attention of your legal counsel. Sincerely, XXXX XXXX XXXX, Esq. Staff Attorney XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX, XXXX, MA XXXX Phone : XXXX Fax : XXXX Email : XXXX Web : XXXX cc : XXXX XXXX XXXX XXXX XXXX
Company Response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
State: MA
Zip: 01801
Submitted Via: Web
Date Sent: 2020-01-23
Company Response to Consumer: Closed with explanation
Timely Response: No
Consumer Disputed: N/A