Date Received: 2018-10-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Shellpoint Mortgage company is overcharging me fees. I have been trying to resolve this past discrepancy with the amount they say I owe. I have not fallen 60 days behind but they have been charging me fees which makes it appear that I owe several months.
Company Response:
State: MA
Zip: 026XX
Submitted Via: Web
Date Sent: 2018-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: To whom it may concerned : As of late XXXX or early XX/XX/XXXX I was behind on my payments with my mortgage company which was XXXX at the time and was later transfer to Shellpoint Mortgage Servicing, before it was transfer I spoke to a representative getting my payments lowered because I had a decrease in my income well they had informed me of a loan modification program that they offered I had to send in personal information for this matter which I did, and at the time a representative told me don't make any payments until I hear back from them with a decision days, weeks, and months pass by and next I knew my account was transfer to Shellpoint Mortgage Servicing. A representative got in contact with me and was trying to resolve the issue about my account so I went over details what I had discuss with the other representative from XXXX about the modification application that I had filled out so he informed me that he could finish the process and I said okay, while going over the details and the dollar amount he also informed me that instead of me having 20 years left on my loan I would have 40 years of course I didn't want to go that route and I didn't. Still on the phone with the representative he also informed me on the repayment plan which the company offered he asked me what kind of down payment can I come up with and I told him {$1000.00} he she okay we came up with a date that I was able to make the down payment so on that date which I don't remember but I know it was XX/XX/XXXX maybe towards the end, when I called back i didn't talk with the same rep and now he's telling me that instead of the {$1000.00} I had to come up with {$1500.00} so at this time I became upset and had to calm down going back and forward wasn't going to make the situation no better so I was able to put the {$1500.00} down to get the process going and he also informed me that I didn't have to make a payment until XX/XX/XXXX and I had to make these payments for the next 12 months in the amount {$1000.00}, he also informed me that if I would have missed a payment that my repayment plan would be cancelled so I said okay well throughout the 12 months I continue to make my payments which they gave me until the last day of each month to make my payments so on my finally month before XX/XX/XXXX was over I spoked to different representative to make sure my account was going to be caught up 1 rep told me starting in the month of XX/XX/XXXX that my payment was going to be {$740.00} instead of {$600.00} because I was short on my escrow I said okay, spoke to another rep and she also informed me that the reason why my payment in XX/XX/XXXX was still at {$1000.00} is because they was going to get late charges caught up and my account would be back on track so I said okay, so I'm calling the company to make sure that my account is caught up no late charges or anything I went to pull up my account on there website and it's shows me different so I reach out to the person that was assigned to my account she informed me that she had to do some research so give her 2 to 5 business days to see what's going on with my account so when she did reach back out to me she told me that there system didn't calculate my payments correctly and that I was still a payment behind. I went on to tell her that's my fault because of the system error and one of the reps that I spoke to should have caught the mistake she later informed me that the only way they could have caught the mistake if and when my last payment was made which it was XX/XX/XXXX, we then spoke about a deferred payment to put the 2 payments to the back of my account, she had to then put in my request because I was asking about options to get this issue resolved. So I then contacted her today XX/XX/XXXX and she said that I was eligible for this because I wasn't 2 or 3 consecutive months behind another option was to get it caught up myself or go into another repayment plan and I informed her that it was a struggle to pay {$1000.00} a month and I wasn't trying to do that again, I told her that it wasn't on me that they system had made a error and that I needed to dispute this matter a little further because I don't think I should be held accountable because there system made a error and I was just following the orders of there reps, so as of today XX/XX/XXXX I have not made a payment to them yet. Thanks In Advance
Company Response: Company believes complaint is the result of an isolated error
State: LA
Zip: 70570
Submitted Via: Web
Date Sent: 2018-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-16
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: Here is a brief summary of what has occurred : I closed on my mortgage with XXXX XXXX XXXX on XX/XX/XXXX for a 30-year-fixed mortgage. The monthly payment I was qualified for and signed off on was {$2200.00} and my payments began in XXXX of XXXX at that amount. In XXXX of XXXX, on my 5th payment, my payment increased to {$2400.00}, a {$200.00} increase. 1 year later, my payment on XX/XX/XXXX, was {$2600.00}, another {$210.00} increase and they will remain that way until XXXX of XXXX when they may go up or down. Simply put, less than 18 months after closing on a 30-year-fixed, I am paying {$420.00} more than I was qualified for and than I signed at closing. This increase is due to Escrow reanalysis, however, my Home Owners insurance has only increased {$160.00} per year ( {$800.00} to {$960.00} ), and, additionally, my property taxes for XXXX have increased only {$460.00} from what the proper XXXX estimation should have been at the time of closing ( {$5300.00} to {$5800.00} ). Obviously, this total of {$620.00} increase for the years escrow expenses does not account for the additional {$5100.00} I will pay for the 12-month period that began this month. So, why was the escrow analysis so far off initially which caused me to qualify for a loan I may have never qualified for? My yearly taxes were estimated at {$2600.00}, 50 % of what they should have been estimated at. The excuse was that the previous owner had some rare tax exemption status that allowed him to pay only 50 % of property taxes and the county tax records reported this tax amount. All of this is true except this is actually a common tax exemption for senior citizens in the county. Now, I am willing to accept that this was an honest mistake, however, I also believe it may have not been a mistake at all and, when those numbers were reported by the county, rather than questioning an obviously inaccurate number, XXXX XXXX may have taken advantage of it because they knew it would help me qualify for the loan. Again, this tax relief status of the previous owner is not particularly rare as they claimed. Also, anyone who looked at the numbers ( and numerous people at XXXX XXXX did ) and deals with real estate in the area would have noted those numbers were far off. Additionally, more than once during the process, my wife pointed out that the taxes were much lower than she had expected and questioned whether they were correct and the loan officer confirmed that they were correct. We went over the numbers many times. Regardless of whether it was an honest mistake or a willful and successful attempt to take advantage of the circumstances, I qualified for this loan at a much lower payment than I am paying now. If it was a mistake, it was still their mistake and I can no longer be held liable for it. Yes, taxes increase and home valuations increase and I can always expect my escrow payments to increase slightly year after year. In my case, I believe the tax rate increased from 1.13 % to XXXX $ and the home valuation increased from {$460000.00} to {$490000.00}. Again, this would be less than a {$500.00} increase in yearly taxes. But when you consider any reasonable expectations of tax increases, a correction of this initial mistake increases my estimated payments over the life of the loan over {$70000.00}. At the time all of this happen, XXXX XXXX claimed there was nothing they could do, that these things happen, that I would have to be responsible for this, etc. I had no idea how to represent myself, what could be done in this situation, etc. Unfortunately, my real estate agent neglected his fiduciary responsibility to represent me and help me deal with this situation. Therefore, eventually, I just accepted it and took no further action because XXXX XXXX made me believe that I was responsible and there was nothing they would do make things right. When my payment increased again this month, I couldnt take anymore, and I spoke with people who knew more and they were so shocked that something like this could happen. I tried reaching out to XXXX XXXX to rectify this matter and give them one last chance to make things right before I filed this complaint, but I was not taken seriously nor put in touch with anyone that had the power to rectify this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Please make this a rush as I have a sale scheduled for my property on Tuesday XX/XX/XXXX and Im under a loan modification review. This is XXXX XXXX. I have some very bad issues going on right now with my servicer SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX. and about my previous banks. I'm having a very hard time dealing and working with my servicer SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX. I have mailed and faxed over all documents for a loan modification but they are still proceeding with the foreclosure sale scheduled for XX/XX/XXXX If they proceed with the sale they will be in violation of the CALIFORNIA HOMEOWNERS BILL OF RIGHTS and other laws as well. As part of this bailout, on XX/XX/XXXX, the United States Government took over XXXX XXXX and pumped billions, which in XX/XX/XXXX, then Treasury Secretary XXXX XXXX said as much as {$200.00} XXXX would be pumped into XXXX XXXX and XXXX XXXX, each, which was separate from the {$700.00} in TARP funds given out to other lenders. 1. The guidelines issued by the United States Treasury set forth a detailed process whereby a participating servicer, either action or not acting through its subsidiary, must : a. identify loans that are subject to modification under the HAMP program, both through its own review and in response to requests for modification from individual homeowners ; b. collect financial and other personal information from the homeowners to evaluate whether the homeowner is eligible for a loan modification under HAMP ; c. institute a modified loan with a reduced payment amount as per a mandated formula, that is effective for a three-month trial period for borrowers that are eligible for a modification ; and d. provide a permanently modified loan to those homeowners who comply with the requirements during the trial period. Whether the homeowner qualifies for a modification or not, participating servicers are also required to provide written notices to every mortgage borrower that has been evaluated for a loan modification, whether or not the borrower has been found eligible. HAMP and its associated directives also set prohibitions against certain conduct including demanding upfront payments in order to be evaluated for a loan modification, instituting or continuing foreclosures while a borrower is being evaluated for a loan modification, assigning a single point of contact, maintaining an adequate level communication with borrowers, maintaining proper caseload to ensure HAMP objections are met, and restrictions on the way a servicer may report the borrower to credit reporting agencies. All servicers have systematically failed to comply with the terms of the HAMP directives and has regularly and repeatedly violated several of its prohibitions. Now that HAMP is over and expired due to servicers prolonging these modifications they are now proceeding with other alternatives. Under HAMP, the federal government incentivizes participating servicers to make adjustments to existing mortgage obligations in order to make the monthly payments more affordable. Servicers receive at least {$1000.00} for each HAMP modification. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by the servicer. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer such as SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX to avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by Service companies because Service companies do not carry a significant risk of loss in the event of foreclosure. California Business and Professions Code 17200 et seq., also known as the California Unfair Competition Law ( UCL ), prohibits acts of unfair competition, including any unlawful, unfair, or deceptive business act or practice as well as unfair, deceptive, untrue or misleading advertising. SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX and all other previous servicers and their Investors conduct was unlawful in that : They illegally began and prosecuted the non-judicial foreclosure based on the lien to the 1st Deed of Trust, despite i was not in breach of payments on said lien ; They engaged in the uniform practice of requesting unnecessary documentation, seeking repetitive submissions of the same documents, and never rendering a decision, and in doing so, such activity provides the basis for an unfair inquiry and could deceive the public because it places burdensome requirements on me that served no purpose but to provide a basis for either engaging in Dual Tracking by selling my home and by denying loss mitigation options, such as loan modifications ; They failed to properly consider loan modification applications before trying to sell my home. 1. On information and belief, SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX does not own a significant majority of the loans on which it functions as servicer. 2. Economic Factors that discourage SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX from meeting its obligations under HAMP by facilitating loan modifications include the following : a. SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX may be required to repurchase loans from the investor in order to permanently modify the loan. This presents a substantial cost and loss of revenue that can be avoided by keeping the loan in a state of temporary modification or lingering default. b. The monthly service fee that SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX , XXXX, as the servicer, collects as to each loan it services in a pool of loans, is calculated as a fixed percentage of the unpaid principal balance of the loans in the pool. Consequently, the modifying of a loan to reduce the principal balance results in a lower monthly fee to the servicer. c. Fees that SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX charges borrowers that are in default constitute a significant source of revenue to it. Aside from income SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX directly receives, late fees and process management fees are often added to the principal loan amount thereby increasing the unpaid balance in a pool of loans and increasing the amount of the servicers monthly service fee. d. Entering into a permanent modification will often delay a servicers ability to recover advances it is required to make to investors of the unpaid principal and interest payment of a non-performing loan. The servicers right to recover expenses from an investor in a loan modification, rather than a foreclosure, is often less clear and less generous. e. Fixed overhead costs involved in successfully performing loan modifications involve up-front costs to the servicer for additional staffing, physical infrastructure, and expenses such as property valuation, credit reports and financing costs. 3. Rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX , XXXX has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted billions of dollars from the United States. SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX delay and obstruction tactics have taken various forms with the common result that my loan serviced by SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX , XXXX, in which im eligible for permanent loan modifications, and have met the requirements for participation in HAMP, have not received permanent loan modifications to which iam entitled. 4. By failing to comply with the California Homeowner Bill of Rights ; specifically, by engaging in the unlawful practice of Dual Tracking, SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX, XXXX has left me in a state of despair and panic as I seek a loan modification from SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX , XXXX, only to have my home wrongfully, oppressively and illegally sold out from under my feet. When I opened my loan from XXXX XXXX XXXX my monthly payment was {$1300.00}. I couldnt pay them anymore due to my divorce my husband left me and left me in the waters. I applied for a Loan Modification and they told me to make some trial period payments of {$1500.00}. I paid all three times for the three months, on time. After the payments were done they transferred me to XXXX XXXX XXXX. I had the same story with them, they asked for trial period payments and so I had no other choice I paid {$1900.00} for three months, on time. XXXX XXXX XXXX transferred me to SHELLPOINT MORTGAGE SERVICING, A DIVISION OF XXXX XXXX XXXX , XXXX who is now my current servicer. I now have a foreclosure sale for XX/XX/XXXX. I have sent them all documents but they still have not offered me anything. I have sent them documents again. I dont want them to ask for a trial period payment and then transfer me to another servicer and then go through the same thing the banks have been doing to me twice. I dont even know if those trial period payments I have paid when towards anything like my loan or did they just take it. I want to keep my home and pay a reasonable amount. I have a sale coming up on XX/XX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95747
Submitted Via: Web
Date Sent: 2018-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX charges a {$2.00} fee to make a payment online. That seems specifically targeting customers fee gouge vs. having a legitimate reason for the fee
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98006
Submitted Via: Web
Date Sent: 2018-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-15
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On Friday XX/XX/XXXX Hurricane Harvey made landfall at XXXX, Texas. Our home at XXXX XXXX XXXX XXXX, XXXX, TX XXXX was severely damaged. On XX/XX/XXXX, XXXX issued a second check for the repairs. All funds from that insurance company are held in an escrow account at Shellpoint Mortgage Servicing to be disbursed by their XXXX XXXX department. That money, from our point of view, is reserved for our contractor, XXXX XXXX XXXX XXXX to pay subcontractors etc. for the work being done. On the contractor requested a disbursement from Shellpoint of {$50000.00} in part to pay drywall installers ( approximately {$20000.00} ) as well as for the demolition and rebuild of our family room, totally destroyed by the hurricane. Shellpoint refused saying only {$11000.00} would be disbursed ... at first. Two weeks later, no funds were forthcoming. XXXX called and was told by XXXX XXXX they are not the contractor of record ... a total fabrication as they sent all required documentation a month earlier. We've been out of our home for over a year. Shellpoint 's unprofessional behavior will keep us out until early XXXX unless they are forced to release those funds immediately. Please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 78382
Submitted Via: Web
Date Sent: 2018-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been trying to complete a successful modification since XXXX, have attempted several appeals and haven't received any resolution from the escalations department although I have reached out on numerous occasions. The escalation department nor anyone with any authority is available after XXXX Pacific time making it even more difficult to try to obtain any results. A supervisor today ( XX/XX/XXXX ) stated that he does not see any escalation replies on my file since their last communication of XX/XX/XXXX when they stated they will review my information and provide a written response within 15 days. However, we did receive another letter dated XX/XX/XXXX from a different department requesting additional time due to the complex nature of our situation but as of this date, no written response has come and it has been almost 2 months. This is gross negligence and is unacceptable when a family 's home is at stake. I have also been given lots of misinformation verbally by my " single '' point of contact, which we've had 3 in less than one year. I have a pending sale date next week even though I have been in an appeals process to the latest modification decline ( previously approved for a modification but it was falsely rescinded and now they won't approve again ). The modification rescission, dated XX/XX/XXXX states we did not make our 3 trial payments, which is untrue and I have proof of all 3 payments. The current modification decline they state is due our net present value being too high, but this is based on errors in their calculations. This is the appeals process I have been currently trying to have resolved. Also, the company accepted 3 successful trial payments from us after sending a notice of default, then shortly after we received a foreclosure sale date. There are also unapplied payments and we have not received an escrow analysis. This company appears to have an ongoing history and pattern of violations, and we feel many California civil codes have been violated.
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 92337
Submitted Via: Web
Date Sent: 2018-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-11
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have been calling Shellpoint Mortgage and leaving a voice message for XXXX XXXX for more than 1 week requesting him to call me because ShellPoint Mortgage has been reporting my mortgage late after the date of which they foreclosed on my home at XXXX XXXX XXXX, XXXX XXXX GA XXXX. The date of foreclosure was XX/XX/XXXX and they are showing late payments after this forclosure date. This is affecting my ability to get another mortgage. I starting calling XX/XX/XXXX and have called everyday for 1 week. We also sent an email XX/XX/XXXX to Shellpoint and received a message has been read but no response from Shellpoint Mortgage. I am attaching documents that prove my points. Thank you.
Company Response: Company believes complaint is the result of an isolated error
State: AL
Zip: 352XX
Submitted Via: Web
Date Sent: 2018-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We were switched over to Shellpoint in XX/XX/2018. I had currently filled out a packet because we flooded here in XXXX, LA and got behind on the mortgage. They told me I was approved and if I made 3 payments of XXXX dollars, then they would add what I was behind on, to the end of my mortgage. I paid all 3 of them and now I get a certified letter saying Notice of Default and Intent to Accelerate. I googled this company and they have really bad reviews. They have been turned in to the XXXX multiple times. The amount owed is {$7800.00}. They did not keep their word! I cant talk to anyone when I call. No one answers half the time. I get no answers. I can't lose my house! I did exactly what they told me, and I'm still going to get my house taken away. Please help!
Company Response: Company believes the complaint is the result of a misunderstanding
State: LA
Zip: 70663
Submitted Via: Web
Date Sent: 2018-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX AND XXXX XXXX XXXX XXXX XXXX XXXX NORTH CAROLINA XXXX Shellpoint Mortgage Services XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX SHELLPOINT MORTGAGE SERVICES RE : ACCOUNT / LOAN # : XXXX Date : XX/XX/XXXX This letter is our written request to correct all Error with our XXXX modification and to bring our loan current To whom it may concern XXXX and XXXX XXXX written Complaint about Shellpoint Mortgage service letters dated XX/XX/XXXX. We have read your response and you are still denying us our rights to modify our loan under the consumer relief act that was agreed to by XXXX XXXX XXXX with the department of justice to modify our loan and to reduce our principle balance. Shellpoint Mortgage continue to make a claim of agency, standing and/or capacity to collect on a debt alleged owed to them by us. We have sent Shellpoint several Dept validation Demand and they have not provide us with any proof positive by best evidence that they hold agency, standing, and/or capacity to collect on a debt owed by us. On XX/XX/XXXX we signed a loan Modification with XXXX XXXX XXXX to modify our loan and to reduce our mortgage principle balance, under the agreement that XXXX XXXX XXXX signed with the United States Justice Department and with us. Upon signing the agreement we were unaware of the fact of the relief that was granted to us under the consumer relief act. XXXX XXXX XXXX Failed to inform us of our rights that was granted to millions of homeowners like ourselves. XXXX XXXX XXXX never clarify any relief that was granted under the act. In a letter to us dated XX/XX/XXXX with the heading LOAN MODIFICATION CLARITY COMMITMENT XXXX XXXX XXXX states that they are pleased to offer us a modification under the Department of justice and State Attorney General global settlement. They also state that the loan modification will help put us in a better position. In XXXX we request for a modification with XXXX XXXX XXXX due to reduce in income and job lost. XXXX XXXX XXXX failed again to abide by their agreement with us and the Department of Justice by ignoring our request and turning over our loan to Shellpoint Mortgage to service. On or about XX/XX/XXXX Shellpoint Mortgage began servicing our loan. We still was not aware of the Error that was committed by Bank XXXX XXXX so we continue to apply for a modification and continue to be denied by Shellpoint Mortgage. On or around XX/XX/XXXX I began to investigate to understand what is going on. During my investigation I realized that our loan was among the fraudulent and scrutinized lone that was being serviced by XXXX XXXX XXXX and is now serviced by Shellpoint mortgage. XX/XX/XXXX I sent a Dept validation Demand letter to Shellpoint mortgage On XX/XX/XXXX Shellpoint Mortgage respond to our request by sending us our XXXX mortgage agreement that we had with XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. Nowhere in there respond did they provide us with any details as to XXXX XXXX XXXX servicing our loan or being the beneficiary. XX/XX/XXXX we received documents from Shellpoint showing our loan history as if our mortgage has always been services by Shellpoint. Our agreement with XXXX XXXX XXXX was not mentioned XX/XX/XXXX we sent a detailed letter by email to Shellpoint Mortgage Stating that fraud is being committed against us. XX/XX/XXXX we sent Shellpoint Mortgage a second Dept Validation Demand letter. A few weeks later Shellpoint Mortgage responded that they are not responding to our request any longer and sated that they are not sending us anymore documents. We then continue to send documents in for a modification and they continue to deny us. XX/XX/XXXX we sent letter by email to XXXX XXXX a Shellpoint Mortgage loan modification specialist detailing the fraud that is being committed against us. Again we received no respond from Shellpoint Mortgage. XX/XX/XXXX we again send the same detailed letter to Shellpoint but this time we attached the consumer relief act and other documents. Again we received no respond. XX/XX/XXXX we applied again for anther modification and was denied XX/XX/XXXX we applied for a Modification under the qualification of the consumer relief act and the Making home affordable program. XX/XX/XXXX I XXXX XXXX spoke with Modification Specialist XXXX XXXX about our Modification status. Mr. XXXX confirmed that he had read the act and he can see that we have qualified for a modification under the consumer relief act and that we can appeal the previous modification. Mr. XXXX also stated that he is aware of the deadline of XX/XX/XXXX XX/XX/XXXX we filed an appeal under the consumer relief act. XX/XX/XXXX we sent an email to Shellpoint Mortgage concerning our Appeal Status. Please see below. To Whom It May Concern our names Are XXXX and XXXX XXXX we have submitted an appeal about our modification status and we have received a letter from you dating XX/XX/XXXX and you sated in that letter that we will receive a respond in 15 days. Its now way past 15 days and we haven't received or heard anything back from you. Please give us a respond urgently so that we can act appropriately XX/XX/XXXX we sent another email to Shellpoint Mortgage concerning our Appeal Status XX/XX/XXXX Shellpoint mortgage responded to our appeal. Shellpoint Stated in line five of the second paragraph that however, with regard to your appeal under the consumer relief act dated XX/XX/XXXX Shellpoint is not going to readdress that appeal as our record shows we previously responded to a similar or same appeal on or about XX/XX/XXXX and you were notified that the Home Affordable Modification Program ( HAMP ) was retired on XX/XX/XXXX. However Shellpoint is still covering up the fact that we previously qualify for the act and they are still denying us of our rights. We have send Shellpoint Mortgage several documents by email and fax with the full detail of the act and the expiration date of XX/XX/XXXX. I will attached the full detailed of the act to this complaint again for your viewing. XX/XX/XXXX I called Shellpoint and ask if they had our previous modification with XXXX XXXX XXXX on file and they stated yes. I then requested them to send me a copy by fax and email. Friday XX/XX/XXXX at XXXX I received be email a copy of our XX/XX/XXXX modification agreement from Shellpoint Mortgage that we had with XXXX XXXX XXXX from Shellpoint Mortgage customer service supervisor XXXX XXXX . After examining the documents we noticed that we had previously qualified for a modification under the consumer relief act. We then compare it further with the agreement that XXXX XXXX XXXX had with the Department of justice and we noticed that they did not modify our loan as per their agreement to lower our principal balance and lower our interest rate to 2 %. XXXX XXXX XXXX added past due interest of {$94000.00} servicing expenses of XXXX and taxes and insurance of {$6400.00} totaling XXXX to our principle balance added up to {$510000.00}. XXXX XXXX XXXX then subtract {$130000.00} from the fraudulent principle Balance of {$510000.00} this broth the total down to {$370000.00} as our new principle balance. XXXX XXXX XXXX then lower our interest rate to 5.765 %. XXXX XXXX XXXX never honor their agreement with the U.S Department of justice and the North Carolina State Attorney General. On or around XX/XX/XXXX I got a call from Shell point attorney XXXX XXXX XXXX Stating that our foreclosure hearing that was schedule to be heard on XX/XX/XXXX in XXXX county court was canceled. I then asked the attorney why? and he stated that XXXX had canceled all foreclosure due to Hurricane Florence. He also stated that the hearing will be reschedule within 60 days Fraudulent Foreclosure XX/XX/XXXX I received a letter from XXXX XXXX XXXX stating that on XX/XX/XXXX our home is up for sale. I then called Shell point and inquire about how can this happen without the court and they stated that the Foreclosure sale was approved on XX/XX/XXXX. Although we have a foreclosure hearing in the XXXX county court on XX/XX/XXXX On XX/XX/XXXX Shell point Attorney filed fraudulent foreclosure again us. In conclusion Shellpoint mortgage knew that they were servicing a fraudulent loan and they continue to participate in the fraud by covering up the loan history and denying us the right to inspect all documents pertaining to our loan thinking that we were never going to find out. Should you have any questions or concerns, please feel free to contact XXXX XXXX at XXXX XXXX Thank you for your assistance in this urgent matter
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 27614
Submitted Via: Web
Date Sent: 2018-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A