Date Received: 2018-06-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Originally I applied for loan modification and was denied. I listed my house for sale ( its short sell since I owe more than what the house is worth ) and had couple of offers and non of them were accepted by the bank, they said they were too low. My agent finally found a buyer with a higher offer, we have sent all the required forms and items to the bank and appraisal was done on Friday XX/XX/XXXX, I have asked the loss mitigation ( XXXX said she is not willing to postpone sale unless she gets the appraisal, well the appraisal was ordered by the bank and not me, she is responsible on getting that, there is nothing I can do, I have done my part. She needs to postpone the sale in order to allow time to get the appraisal. Sale date is XX/XX/XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91367
Submitted Via: Web
Date Sent: 2018-06-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our mortgage was sold to a new company in XX/XX/XXXX. We received a letter about this at the end of XX/XX/XXXX, and I called both my company and the new company, Shellpoint Mortgage, because the sale date was right after our mortgage due date. I was advised to send my payment as usual, and that there was a grace period for payments while the details were being worked out between the two companies. This information was also in the letter we had received. Our payment due in XX/XX/XXXX was sent and the check was cashed. We received a coupon from Shellpoint Mortgage for our XX/XX/XXXX payment, which I sent early. This check was also cashed. Today, these scam artists sent us a letter dated XX/XX/XXXX ( the due date for our mortgage payment ), but postmarked on XX/XX/XXXX. By this date our XX/XX/XXXX check had been cashed. Upon calling these rats, they claim we never paid for XX/XX/XXXX. I have all these letters. This is nonsense. I realize XXXX XXXX has been working to gut this agency in service of creeps like Shellpoint, but please do your job and make them do right.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30116
Submitted Via: Web
Date Sent: 2018-06-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX, Shellpoint Mortgage, herein referred to as SPM, took over loan servicing from XXXX XXXX XXXX, herein referred to as XXXX. On XX/XX/XXXX, trying to allow for any confusion that XX/XX/XXXX, or the date of new ownership would cause, I called to make a payment. I had not received any paperwork from SPM, only information on intent to sale loan from XXXX with SPM 's phone number listed. I have yet to receive any " packet '' explaining any loan policies or servicing policies from SPM. I have asked, but have yet to receive it. All I have received is a loan modification packet, which I filled out with XXXX and was told by SMP not to fill out. When I called, the female rep told me that she couldn't find me in the system and that it usually took 7-10 business days for it to download. She told me to call back then because I was protected by RESPA. I told her I had been in the loan modification with XXXX mid-transfer and she said that was probably why I wasn't in the system. I called back in 8-10 business days and was told that I could not make a payment because I was 5 payments behind, and the only amount to be accepted was the total amount that I was behind. I told them I'd never been told of that before, and XXXX worked with me until I could get a modification due to XXXX discrimination and XXXX in XX/XX/XXXX. I told them that we had planned on making two payments on XX/XX/XXXX, and that the XX/XX/XXXX payment was the 5th payment to push us to the magic number of " behind payments '' to make us behind. They told me I'd been late since XX/XX/XXXX, and I told them that wasn't true. I had paid religiously since I was put on XXXX, and even before then, and the late payments were due from XX/XX/XXXX and XX/XX/XXXX. He repeated that he couldn't take any payment unless it was ALL or none. Once I began researching the issue, I found that RESPA had protections, and when I questioned them on this, they would either not respond to the question or not respond to the email. I called their home office, was told that they would call back in 24 hours, and no one responded. I was put into a home loan modification rather quickly and yet I was still concerned due to the rampant reports of this being a ploy and dual tracking that they practice even though against the law. I have repeatedly called my single point of contact since then asking about the payment and he said it would be lumped into the entire payment when the loan modification trial payments of ( 6 ) payments went through and when the loan was modified. However, I still want to pay to protect us from foreclosure. He told me that I could pay what I wanted to but it would be applied to the loan modification due to begin XX/XX/XXXX and not to the payments due for XX/XX/XXXX, and now XX/XX/XXXX. We have an insurance claim, and I asked if the money left from repairs could be applied to the mortgage and I was told that they would not release the insurance money until the amount that we were late was fully paid. However, again, they will not allow us to pay. I was even told to pay out of pocket for repairs until the money was released, and well, that's the entire problem. I can't pay for the scope of repairs that my insurance company has paid for out of pocket until I get everything caught up payment-wise, nor can my daughter, who suffered an XXXX reaction to the XXXX, suffer and wait that long. I have never seen a company that will not accept money. These issues are running rampant on your site, and I don't see why they aren't fined and pushed to operate ethically. I believe that this company only wants homes with equity, not your money, for foreclosure, and we are being forced into late payments when we are in fact protected by RESPA for 30 more days. Please help us. Please pull phone recordings from them and listen to the frustration they have when I ask questions almost daily trying to save our home.
Company Response:
State: AL
Zip: 360XX
Submitted Via: Web
Date Sent: 2018-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Shellpoint is the mortgage company who services our loan. They are reporting to the credit bureaus that we have been and are still late on payments with them. My wife, XXXX XXXX and I, have never been late. This has gone on for well over a year. We have spent over 100 hours contacting Shellpoint to fix our credit reports. We have called over and over, gone up the chain of command, emailed and wrote many letters to them. They told us that they had fixed the problem but it continues to show on our credit reports. We have written the credit bureaus many times just in case they were reporting the wrong information, it seems as if the problem lies with Shellpoint. The other issue is our rate is adjustable and rates are starting to go up. We need to obtain a new mortgage loan but can not because of these late payments. This has harmed has caused us a lot of stress, anger and frustration and it is hurting us financially. Please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 98042
Submitted Via: Web
Date Sent: 2018-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I've already submitted one complaint about the inability to pay. This complaint is about the lack violations of Truth in Lending and RESPA, but involves the lack of information ( rules, new terms, difference from prior loan, lack of payment stubs ) provided by the company when Shellpoint Mortgage took over the loan from XXXX XXXX XXXX on XX/XX/XXXX. Backstory is that I called to make 2 payments on XX/XX/XXXX, was told I wasn't in the database, called 10 days later as told, but was not allowed to pay because I was " behind 5 payments '', of which the 5th payment was the XX/XX/XXXX payment that I was not allowed to pay. The 4th was the XX/XX/XXXX payment that I was going to pay. I was told that I had to make ALL or NONE of the payment. I questioned why my RESPA 60 day time period was not being upheld, and have had no answer. TODAY, I called and was told something totally different- I was told in XX/XX/XXXX, I didn't have to pay all the mortgage that was behind, but only 3 payments, which we could have done. I HAVE NEVER RECEIVED ANY INFO regarding loan servicing standards, rules, payment options that were different, as above, than XXXX XXXX XXXX. I questioned to day via phone, and via email yesterday, why I was not sent any packet whatsoever, even requesting that early on, OR statements and I was told that it was because I had to request those from customer service. How can a company can take over your mortgage and expect you to abide by a different set of rules than the former company if you've never given a set of rules????? I was told I had to pay late payments, I questioned why now if XXXX didn't make me, and then was told it was her mistake and I didn't have to pay late payments. You can't expect to follow any rules if you've ever received them for ANY reason. That's a violation of TIL and RESPA.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AL
Zip: 360XX
Submitted Via: Web
Date Sent: 2018-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I applied for a loan modification 37 days prior to a XX/XX/2018 foreclosure sale date - I demanded that the sale date be cancelled according to the dual tracking clause on the regulation x law- Shellpoint did not do that. Mid XXXX I was notified that a modification had been approved and the sale date placed on hold. I accepted the modification with 3 trial payments for XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. Shellpoint has reset another foreclosure sale date of XX/XX/2018 even though a modification has been approved and I am planning to pay in XXXX. So far my home was advertised 4 weeks in XXXX and now is being advertised 4 weeks in XXXX even though I have been given a modification. According to Shellpoint s letter which stated they would not do same. Also according to their letter, the first payment is due XX/XX/XXXX, and if not paid by the end of XXXX, the modification would be cancelled. that means that I can actually pay on XX/XX/XXXX. I do not trust Shellpoint with a foreclosure sale date of XX/XX/XXXX. With those terms they may reset another foreclosure sale date in XXXX, and XXXX advertising my home another 4 weeks each month - that could be a total of 16 weeks falsely advertising my home with foreclosure sale dates while I am making payments. I believe this is illegal and have spoken to an attorney - it is very stressful for me to face this type of illegal action. I am Demanding that XXXX be honorable and cancel the XX/XX/XXXX sale date
Company Response:
State: GA
Zip: 30060
Submitted Via: Web
Date Sent: 2018-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-05
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: XXXX XXXX XXXX, I believe on behalf of Shellpoint Mortgage, made a hard credit inquiry on my account without authorization on XX/XX/2018. Shellpoint Mortgage currently holds the mortgage on my house, the mortgage was discharged in bankruptcy. The bank was involved in a short sale process at the time the inquiry was made. I am not seeking credit from XXXX XXXX XXXX, Shellpoint Mortage Services, or any other mortgage company. In fact, I had not applied for any credit from any company. I spoke with the credit reporting bureaus after finding this inquiry had been made, and they told me I had to go back to the company that made the inquiry to get it removed. I contacted Shellpoint, requesting that the hard inquiry be removed, as it should not have been made, and was not authorized. However, I have not received further communication regarding this issue, and the inquiry has not been removed. Thank you for your assistance. Institution Information XXXX XXXXXXXX XXXX XXXX, NJ XXXX ( XXXX ) XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VT
Zip: 056XX
Submitted Via: Web
Date Sent: 2018-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-01
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: On XX/XX/2018, we received a " Notice of Sheriff Sale '' from : Attorney XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX, IN XXXX. He is fully aware of the procedural posture of the case involving this property which is currently on appeal to the United States Court of Appeals for the XXXXXXXX Circuit, XXXX XXXX XXXX, et al., v. XXXX XXXX XXXX, No. XXXX. He is also aware of U.S. District Court, XXXX District of Indiana, Chief Judge XXXX 's statement on the record with regard to staying any effort to hold a Sheriff sale pending the litigation of this case, briefing has begun. XXXX XXXX 's racial bias is a subject of this appeal. An appeal we note neither he or his firm have entered an appearance, or filed any motion seeking to hold a sheriff sale pending the outcome of the appeal. This litigation involves a claim that XXXX XXXX XXXX violated the Equal Credit Opportunity Act after we sought to assume the mortgage on this property, which after Attorney XXXX discovered we are XXXX, hindered our efforts to obtain the assumption. This latest effort by Attorney XXXX also violates the Fair Debt Collection Practices Act by threatening a Sheriff sale forcing us to pay a debt we do not owe ( and which we have been trying to assume ) before litigation, on appeal is concluded. He and his client XXXX XXXX XXXX, are attempting to deny our access to the court to litigate this matter by threatening a Sheriff sale.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 46628
Submitted Via: Web
Date Sent: 2018-06-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Good afternoon CFPB, I want to thank you and advance for your help and support regarding my request for short sale on my current property. I had initially been attempting to get a mortgage modification on my home. It was clear the mortgage company was unwilling to provide one. They actually approved me for a trial modification years back which I paid each monthly in a timely fashion for 10 months while awaiting permanent approval. Then they notified me via a letter that permanent approval was denied. More recently I was again approved for a modification, however, it was based on a fictitious annual earning which was " literally '' double our household earnings. After pointing out the earnings error several times they then reduced our annual approval value to {$8600.00} per monthlystill far more than our monthly earnings of {$5600.00} which we had clearly stated n multiple occasions. Because we would not be able to pay the monthly mortgage which was based on a modification using erroneous monthly earnings we opted not move forward with the mortgage modification which only reduced our mortgage payment by {$86.00} per month and extended our mortgage another 21 years ( we have documentation verifying all of this ). After realizing they would not provide us with a real modification we opted to pursue a Short Sale. They are now recycling us in a never ending cycle of submitting the same paperwork. I have provided Shellpoint Mortgage Services the requested paperwork no less than 10 times. Each and every time the process comes to the same result whereby Shellpoint Mortgage Services ultimately tells me they need the same documents filled out over and over again and threatens to take me to court. I have an extensive email trail I can provide as a proof source for this. Additionally, I have verified with the Loss Mitigation division of Shellpoint mortgage services that the conversations we are having, and their request for information, are being recorded. In these conversations I have verified with them if the email they are currently requesting is provided that will meet all of their needs for documentation. This is the 10th time I have provided them with what they have requested yet they are telling me they need different documentation. The realtor and mortgage company that I have used no longer wants to work with this company. I am writing to request your support yet again to get this issue resolved so I can move on with my life in a positive and productive manner. This is having on toll emotional hardship on myself, my children and my marriage which ended up resulting in a divorce on XX/XX/XXXX mainly to do with all of the problems associated with our living environment. This is a copy of the last email I provided Shellpoint Dear Shellpoint Mortgage, I can say in all honesty the Short Sales and Modification process through Shellpoint Mortgage Services is the most ridiculous thing I have ever seen in my life. For years now I have been attempting to either get a mortgage modification or a short sale on my current residence. Each and every time you send me a packet of information to fill out. Each and every time I fill out that information. And each and every time I am forced to go through a painful process up continuously providing you with that same information over and over again, piecemeal. I am initially sent a packet stating you have received my modification packet or short sale request packet and it is being reviewed. Then sometime later I receive an additional mailing stating the packet is in complete and you want this form or that document, which by the way was already provided. I then follow up with those documents and you tell me now you need additional documentation. You might either be requesting additional documents which you have already been sent or you could be stating that documents which you have received are now out of date etc. As you can see from the email below dated Friday, XX/XX/XXXX XXXX XXXX I had a conversation with you XXXX, after having a conversation on XX/XX/XXXX with XXXX and during that conversation I was told you needed three documents which are outlined in that conversation. I will note that in the conversation I had with XXXX I was provided a list on FINAL REQUIREMENTSalso at that time provided. During that conversation I expressed my complete frustration, I asked you if our conversation was being recorded and told you I would I can send you this information. Which clearly I provided. As usual I am now going through the exact same process over, and over, and over again. I have now been notified that I must go into court on XX/XX/XXXX, where you will probably attempt to foreclose on the home I am trying to short sale. Please help me. Very truly yours, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33558
Submitted Via: Web
Date Sent: 2018-05-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Despite making all of my monthly payments on time and paying over {$14000.00} in interest, the company refuses to provide me with any payment arrangements due to a financial hardship, unless my loan becomes 30 or more days past due- thus negatively impacting my credit.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OR
Zip: 972XX
Submitted Via: Web
Date Sent: 2018-05-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A