Date Received: 2018-08-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I recently had my mortgage transferred from XXXX XXXX ( who I was completely happy with ) to XXXX XXXX XXXX, and this new company makes just charges endless fees. They charge a {$2.00} fee to pay online, which is absurd. I am trying to save the environment by reducing waste, AND I would be saving the company the expense of manually processing my payments. The fee that really pissed me off was an NSA fee which was incurred because I accidentally entered in my wrong account number for my first payment after the mortgage was transferred, entirely my fault and I have no problem paying that fee. My problem is the fact that they do not allow you to pay that fee online so you have to call their customer service line where you have no choice but to pay an additional {$5.00} fee so that I can pay off the original {$15.00} fee. I feel that my mortgage was transferred through no fault of my own, and now I am incurring all these new fees and inconveniences, that I never experienced with the almost ten years I was with XXXX XXXXXXXX. I'm just pissed off and frustrated that there is nothing I can do about it!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95762
Submitted Via: Web
Date Sent: 2018-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I was assigned a single point of contact XXXX XXXX who hasn't acknowledged any of the documents we provided. There has been no steps to submit our file to an underwriter for loan modification consideration. A Sale Date was approved by the court for XX/XX/18. We have been ignored and neglected the opportunity to keep our home. There has been no correspondence updating our situation. Shellpoint Mortgage Servicing is not interested in following the rules for loan modification requests. We have evidence showing complete documents being sent without any response. We are looking to stay in our home that we can afford after suffering a medical and economic hardship.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 28210
Submitted Via: Web
Date Sent: 2018-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-03
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: I requested for the following information more than four weeks ago without a response from the Trustee with respect to the documents associated with the sale of my house. At this point, Im highly suspicious of their activities and as a US Citizen requesting from CFPB Economics Crime Unit for further investigation. XX/XX/2018 @ XXXX Auctioned sale of the property @ XXXX 3-day notice served XX/XX/2018 ( 6 days after the sale ) I requested to know ( via phone call and certified email ) the following transaction information on my property which was sold without my consent or conveyance : - Exact Date and time of sale - Final bid and sale amount performed by third party auctioneer ( Name of the Auctioneer to be provided ) - Full name of the bidder/buyer - Detail of the sale dollar transaction as it has been reported to US Department of Housing and Urban Development - ** Copy of the Sales receipt and transfer of funds by the buyer ( This is a mandatory item ) ** - Any other relevant information that needs to be disclosed ( Full disclosure requested ) XX/XX/2018 It has been more than four weeks and they have had plenty of time to provide this information, however when requested again on XX/XX/2018, there has been no response of any kind from the Trustee. Ive never given authorization to the so-called Trustee ( XXXX XXXX ) to convey the title. It is very likely that the so-called " investor '' in this case, XXXX XXXX XXXX ( XXXX XXXX ) is a co-conspirator to complete their fraudulent activities in order to close the transaction loop. I've been removed from my property, and as of today, I can not get the truth out of XXXX XXXX and XXXX XXXX XXXX. Most importantly the sales receipt and the transfer of {$950000.00} is of great concern that must be disclosed and reported to HUD through a settlement statement.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92614
Submitted Via: Web
Date Sent: 2018-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan is an FHA loan - my principal was $ XXXX one year ago- with XXXX . XXXX sold off the loan to Shellpoint-XXXX XXXX XXXX XX/XX/XXXX. Since then, my life has been a living XXXX. My normal loan payment was XXXX, Shellpoint told me they were initially reducing my loan to {$840.00} per month, then they told me my escrow was short - then they added forced hazard insurance that was a few thousand dollars- but they did not tell me why my account was going to almost double in payments! They have been trying to report to all the credit bureaus that they had my loan since XX/XX/XXXX- no not they just got my loan. XXXX XXXX told me the best thing for me to do was to get a modification because she told me my escrow and taxes were going to go up to XXXX extra per month! I did the loan mod trial from XX/XX/XXXX XX/XX/XXXX, XX/XX/XXXX- they extended the loan mod because they told me my escrow was wrong and they needed proof that I had a master condo policy of insurance- I provided these documents to them SEVERAL TIMES- then they told me I needed to pay XXXX in XX/XX/XXXX to fix the 'escrow shortage ' I did so, when I checked my statements- it showed my escrow shortage went then up to a negative {$9000.00}!!!!!! They came back with a modification that was {$1600.00} a month and now they are trying to increase the principal of my loan to {$250.00}! I paid {$240.00} on this loan 10 years ago- shellpoint wants to remove all my equity and all my savings and increase my payments on a weekly basis!! I have recently been told to get a lawyer- but lawyers are costly too- SO I refused the horrible modification and accepted a repayment- the repayment was first only $ XXXX in the rears- I paid them XXXX XXXX- all my savings and my birthday money on XX/XX/XXXX- they used the money to double pay on the months XX/XX/XXXX XXXX XX/XX/XXXX and they said the rest is in undisclosed accounts- and they now are saying I am still XXXX XXXX in the rears!!!!!!!! I just gave them my last penny- and it did nothing. When I googled Shellpoint- they are doing this to thousands of other homeowners- and they are reporting me late to the credit bureaus -so I cant get another lender to take on the loan- but worst- what they report that I owe is false and not at all accurate!!!!!! SOS HELP ME please
Company Response: Company believes the complaint is the result of a misunderstanding
State: FL
Zip: 33015
Submitted Via: Web
Date Sent: 2018-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX/Shell Point Mortgage acquired my mortgage from capital one. I'm currently below 80 % loan to value, meaning PMI should be removed from my loan. XXXX XXXX told me that my loan needed to be below 75 % LVT, which it is not, to remove PMI even though I have original loan docs stating 80 % LTV was the threshold. Once XXXX XXXX admitted they were wrong, an appraisal was ordered. When the appraiser called the fee was {$650.00}, which is more than double the going rate according to 9 different appraisers I contacted. on XX/XX/2018 XXXX XXXX wrote me another letter stating that in compliance with the Homeowners Protection Act, they would order a Brokers opinion of value, which would cost much less ( aprox {$300.00} ). On XX/XX/XXXX I was contacted by another appraisal company wanting to charge me {$540.00} for a full appraisal, which is not what was supposed to be ordered. I called XXXX XXXX and spoke with XXXX XXXX and was told, under the advice of her supervisor XXXX XXXX, that a full appraisal is required, no exceptions. Once I informed them of the letter I received in XX/XX/18, the story changed. I was then told at aprox. XXXX CST that a person from the PMI department named XXXX , who supposedly issued the XX/XX/18 letter, would be contacting me within one half hour. It is now XXXX CST and I have received no such call back.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 700XX
Submitted Via: Web
Date Sent: 2018-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-31
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX, Shellpoint mortgage communicated that I was not eligible for the standard modification due to the debt to income ratio. On XX/XX/XXXX, we appealed shellpoint decision. See copy of notice of appeal herein. On XX/XX/XXXX, the servicer provided copy of the NPV results as required by the treasury department. The NPV report reveals that the debt to income ratio is 35 %. As part of its contract with XXXX XXXX XXXXXXXX XXXX 's must rely and adhere by the XXXX XXXX Flex Modification Reference Guide ( XX/XX/XXXX ). Pursuant to the reference guide, we meet the eligibility for the standard loan modification. See attached referenced guide herein. For post-Modification ratio less than 80 %. The eligibility requirement is that the housing expense ratio must be equal to or less then 40 %. The servicer admitted in its correspondence that the debt to income ratio is 35 %, which makes me eligible for the standard loan modification. Some time in XXXX the servicer recounted their decision and was notified over the phone that the loan modification have been approved. I request proof of the trial modification offer. However the servicer claims that could not make the trial offer in writing only verbal. Pursuant to the XXXX XXXX Version 5.2. Servicers must provide sufficient notice of the Trial payment offer in writing. Servicer claims they do not need to make the offer in writing. Servicer has failed to abide by the loss mitigation request and are subject to sanctions. The record reflects that we do meet the eligibility for the standard loan modification. Servicer now claims that the investor is no longer XXXX XXXX. This statement is irrelevant, their letters reflect they proceed the request under the applicable treasury rules and therefore must must abide by the stipulated referenced guidelines. On XX/XX/XXXX, the servicer also communicated that the loan had been assigned and attached an assignment of mortgage. The assignment of mortgage is a void because it does not complied with Florida section 689.01, which requires any conveyance of real property to be signed in the presence of two subscribing witnesses by the person authorized to sign on behalf of the corporation. The assignment was not executed by XXXX XXXX. I have attached the referenced assignment of mortgage and also an unrelated assignment of mortgage purported by XXXX XXXX that was recorded in the XXXX county, both signatures are identical to one another, which means that it was not executed by XXXX, the signature was copy and pasted. Florida Law requires that an instrument conveying real property be executed by the person claiming authority, the record reveals that the assignment was forged. The company who drafted and processed the instrument is non other then XXXX XXXX XXXX. In XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX, entered into a assurance of voluntary compliance with the office of the Attorney General, State of Florida. XXXX agreed not to engage in Floridas deceptive and Unfair Trade Practices Act, Chapter 117, which governs activities of notaries, Chapter 668, Part II, Uniform Electronic Transaction. The instrument was forged in XXXX, which is a violation of the assurance executed on XX/XX/XXXX. We ask that the lender makes offer pursuant to the established guidance by treasury. The servicer has engaged in Floridas Deceptive and Unfair Trade Practices and therefore sanctions are appropriate in this case.
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers
State: FL
Zip: 33144
Submitted Via: Web
Date Sent: 2018-07-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I received a letter from Shellpoint Mortgage Servicing informing me that my previous mortgage lender sold my mortgage to " XXXX XXXX, XXXX '' in XXXX Maryland and that XXXX XXXX has hired Shellpoint to service the loan. There is no working phone number for either. I called the number on the letter and it just rings for a long time and then stops. I've tried multiple times. I tried to contact XXXX XXXX but it goes straight to a voicemail, no return call. How is it possible to have literally no way at all to contact someone for help?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 606XX
Submitted Via: Web
Date Sent: 2018-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-27
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Shellpoint Mortgage Servicing is trying to foreclose on property they have no authority to do so. They have a modification of a XXXX, trust that is not even notarized. As a debt collector they will not even request a notary copy from XXXX ; in order for a contract/modification to be valid it must be notarized ; however, these folks do whatever they want and need to be stopped, this is shear nonsense. Nevertheless, they are in violation of the Fair Debt Collection Practice Act ; for non verification of debts ; not ensuring the correct debt amount ; etc. Shellpoint has dual roles and accordingly to FDCPA ; if a debt is transferred or sold in default ; then they are debt collectors and need to comply with FDCPA. The difference between a REIT trust and a REMIC trust and this is a good time to explain. Even federal bankruptcy judges have failed to understand the difference. This has become a subject of confusion, because the rules are different. A REIT can accept promissory notes endorsed in blank, while a REMIC can not ( at least in New York and most REMIC trusts are under New York law. ) A REIT is a Real Estate Investment Trust. The REIT is an actual corporate entity. It is a business corporation with all the rights of any other corporation. On the other hand, a REMIC is not. A REMIC has no corporate powers. It is a Special Purpose Vehicle ( SPV ) which is completely passive. It is a pass through entity. It cant conduct business. It cant take on debts. It cant own physical property or even cash. It can only hold promissory notes and mortgages. ( if endorsed ),
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Currently on my 4th servicer ( Shellpoint ) after defaulting on our Mortagage due to unexpected loss in income. Chapter XXXX Bankruptcy filed and discharge occurred in XX/XX/2017. Serviciing of the loan transferred to XXXX in XX/XX/2017 and the only 2 modification offers were not sustainable and would have resulted in another default. Very little contact lately with Shellpoint, but have made several calls to a XXXX XXXX to inquire about a Shellpoint IN-House-Modification program or a Principal Reduction Alternative. I was informed via a loss mitigation affiidavit from a XXXX XXXX that I was eligible for an In-house-modification. To date, I have not received a call back from XXXX XXXX regarding my inquiry and how to possibly apply. There is a new owner of the loan and I am hoping they would be receptive to a creative solution to our problem to avoid a foreclosure.Our financial situation is improving since the Bankruptcy which I feel should be taken into consideration in order to come up with an acceptable remedy besides a foreclosure.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2018-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-24
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been struggling to pay the mortgage as a result of my husband having a a XXXX XXXX/XXXX in the last two years. We are self employed with two different sources of income. We have a business my husband runs, a small XXXX XXXX, when he fell ill, our income dropped dramatically as he could not work in the XXXX. We also took care of XXXX XXXX, but I had to give this up as well, due to our situation. As a result of our financial situation, I reached out to Shellpoint and Keep Your home California. I had to focus on one as I was advised that I could not apply simultaneously. After months of submitting documents to Keep Your Home California, I was denied because my DTI ( debt to income ratio ) was a fraction of a % over 38 %!! Initially they had calculated the the DTI incorrect audit and it was just under 38 %. I was told that it had to be at least 38 %, then at 38 % so I was told one thing and denied for another. The denial came in XXXX. I then had the documents prepared for Shellpoint Mortgage. I kept sending them the requested documents and revising to what they were requesting. While I was in the process of submitting the documentation, I was sent a trustee sale for XX/XX/XXXX! I immediately asked for a postponement, and the person assisting me was also requested a postponement. This of course is extremely difficult and has also caused a physical strain on my husband and myself. I have provided everything Shellpoint requested and the ratios are within the parameters of their program for modification. So I submitted ALL of the documents requested, the representative and I followed up to request a postponement once again, and I was told that Shellpoint had to review the documents before they could postpone. The representative assisting me, spoke with Shellpoint 's representative and advised that they should be able to postpone at the point Shellpoint had ALL of the documents. Finally as of XX/XX/XXXX the representative finally confirmed receipt of ALL of the documents in the manner that I was advised to submit. Couple of days later I was advised that the postponement had been granted and was extended to XX/XX/XXXX. I had the hope that we would be properly reviewed and granted a modification because all of our documents were submitted just as the servicing company had advised, with all of the changes requested, with more documents requested upon submitting the first documents. Then on XX/XX/XXXX I received a letter advising that I needed more documentation but it appears it was the same information I had sent them or requesting more of the same. The letter was dated XXXX, it was postdated XXXX, and I was asked to submit the documents by XX/XX/XXXX, while I received the letter on XX/XX/XXXX. Of course I was in stress mode! The representative reached out to my lender XXXX, however did not connect. Finally on XX/XX/XXXX, she was able to speak with a Shellpoint agent, Ms. XXXX, who then proceeded to advise that my modification was denied as of XX/XX/XXXX. My advocate representative advised that I was not given the opportunity to go over the letter dated XXXX requesting more documents. Ms. XXXX then advised that she was not denied because of the documents, but due to previous modifications! This had not been discussed before. I had received a modification back in XXXX because a I had a toxic loan initiated with XXXX XXXX XXXX. However, as I mentioned originally, we fell upon difficult times as business fell, and my husband had the XXXX XXXX, which devastated our income and our lives. Our family needs your assistance and the bank 's assistance to allow us to keep our family home. Additionally, Peak Foreclosure Services, finally sent me a payoff amount on behalf of Shellpoint, which shows a lower amount by about $ 25k. I also kept asking Shellpoint for a payoff but they kept putting me off. Finally I was told it was because I had filed a BK so they could not send one, but kept saying it was requested and would take a few days. Advising one thing and doing another has taken a toll on our family. We desperately need your assistance as this is an insufferable situation and we can certainly pay the monthly payment based on our current income. Thank you!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91950
Submitted Via: Web
Date Sent: 2018-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A