Date Received: 2016-11-03
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: On XX/XX/XXXX XXXX XXXX obtained a mortgage for the property located at XXXX XXXX XXXX XXXX New Jersey XXXX with XXXX as the servicer. On XX/XX/XXXX XXXX XXXX XXXX joined as tenant owner of XXXX XXXX XXXX XXXX New Jersey and a new deed was recorded and filed. On XX/XX/XXXX the loan was transferred to Shell Point Mortgage Servicing. On XX/XX/XXXX XXXX XXXX made a private payment to Shell Point Mortgage. Shortly thereafter the loan was satisfied and a lien release letter was sent to XXXX County Superior Court of New Jersey to vacate the mortgage and the mortgage was discharged on XX/XX/XXXX. On XX/XX/XXXX XXXX XXXX and XXXX XXXX were served with a complaint from XXXX. and XXXX XXXX XXXX. on behalf of XXXX XXXX representing XXXX XXXX who is a third party debt collector and not a mortgage servicer. XXXX XXXX XXXX is a collection agency who buys portfolios of old debt from banks for pennies on the dollar and tries to collect the full amount from consumers, plus interest, penalties, late fees, etc. According to XXXX it is a manager and services domestic and international consumer debt portfolios for credit grantors and debt buyers. This complaint contained erroneous information. XXXX XXXX XXXX is a violator of the Federal Debt Collection laws as the Fair Debt Collection Practices Act ( FDCPA ) states it precludes third party debt collectors from using false, misleading, deceptive, and harassing debt collection tactics. To Resurgent, XXXX XXXX XXXX is data, no more than an entry on the spreadsheet. Unfortunately for XXXX XXXX XXXX entries on a spreadsheet are not enough to file a claim against XXXX XXXX XXXX and XXXX XXXX XXXX. This complaint stated that XXXX XXXX failed to pay XXXX XXXX but XXXX XXXX has never done business with Resurgent Capital. The complaint also states mortgage was transferred from Shellpoint to XXXX to service this loan. Again this information is false and XXXX XXXX has evidence that this loan was never serviced or transferred to XXXX XXXX. Resurgent Capital is not and has never been assigned to service the mortgage of XXXX XXXX XXXX XXXX New Jersey. The complaint also states XXXX XXXX never made any mortgage payments prior to paying the mortgage in full and XXXX XXXX request the original mortgage amount be reinstated and did not take in account any and all payments that were made by XXXX XXXX XXXX. Again this information is false. XXXX XXXX must meet the burden of proof based on " Personal Knowledge ''. Personal knowledge means that the person offering evidence on behalf of XXXX XXXX XXXX must be a witness to the event shown in the complaint. On XX/XX/XXXX the motion submitted by XXXX XXXX asking the Judge for a summary judgment to cancel the vacate of lien release for property XXXX XXXX XXXX XXXX NJ XXXX for XXXX XXXX and XXXX XXXX, was dismissed by Judge XXXX pursuant to Rule 1:6-6 ( Counsel does not have personal knowledge of these facts which were in the complaint and the certification was not sufficient ). This complaint was written in fraud and the attorneys were aware of this. As attorneys representing XXXX XXXX, they had a duty to investigate the claims brought forth in this complaint. Once they were aware of the fraud perpetrated by XXXX the attorneys had an obligation to withdraw this complaint and they failed to withdraw. These attorneys made statements such as, " XXXX failed to make payments on the mortgage loan but rather submit counterfeit money order to Shellpoint ''. The statement is false. These attorneys also make mention of XXXX being in the XXXX XXXX,
Company Response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
State: NJ
Zip: 07208
Submitted Via: Web
Date Sent: 2016-11-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-04
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: I was contacted via phone about refinancing my home with a streamlined mortgage by New Penn Financial. The loan officer was promising me numbers and rates which eventually did not pan out. When he contacted me about the mortgage loan I asked him to give me a better idea of what the true benefit would be if I decided to refinance. He told me he would discuss numbers with his boss and ultimately what he promised did not pan out. I was n't too upset, because I was n't really too hard set on refinancing my property if the benefits were not worth the trouble. I then reviewed my credit report and saw that New Penn Financial pulled my credit without my permission. I never agreed to a hard inquiry and they did it anyway. Nothing was ever communicated in writing outside of a welcome email. All of our contact was over the phone and I do not understand why my credit was run without my permission. I 've attached my call log with XXXX XXXX and a voice mail he left about a quote and not being able to secure a previously offered lender credit.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: DE
Zip: 19802
Submitted Via: Web
Date Sent: 2016-11-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Shellpoint Servicer / XXXX XXXX XXXX XXXX : Denied not enough income 130 % Debt to Income -- For three Months my application has been in and Countless Times re-sending- They wanted me to Break my self employed income away from my Long Term Rental income- LESS {$2800.00} in income -- so the Over All Income would not work - that is WRONG.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80206
Submitted Via: Web
Date Sent: 2016-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-11-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: The mortgage in question was foreclosed on in 2014. This just happens to be the time where my identity was stolen and I could not use my credit to secure refinance. Anyhow, Shellpoint mortgage is reporting to XXXX that the payment status is " LATE '' while reporting a XXXX balance, today. I have been denied credit based on this late status and would like to pursue damages in court. I have contacted ShellPoint several times verbally and in writing and all attempts have failed. Here is the stupidity of the matter, on XXXX they are reporting me paid in the exact same column that they are reporting and defending on the XXXX report as late?!?!?! One way or the other they are wrong at least on one report! The credit bureaus are useless and claim to report what they are given regardless of any fault or error, they simply report no matter what. This has adversely affected my life and my future. I want the status of the report to be paid as it is on the other bureaus and I would like a list of attorneys skilled in this matter. The account number is XXXX, this is all I have. Thank you, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 70122
Submitted Via: Web
Date Sent: 2016-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-31
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Shellpointmtg.com continues to refuse to apply " principal only '' payments to principal. Every month Shellpoint manages to incorrectly process my payments to acquire more money than they are legally entitled to, e.g. charging two months of interest for one month. Shellpoint told me over the phone I can not pay principal only payments via the phone or internet, so I always send them via US mail labeled as " Additional principal '' payments. I abide by this strange mailing restriction. However, Shellpoint has consistently wrongly applied these payments into extra interest by including them as second mortgage payments for the next month. They told me they would not do this again and they noted in my file to apply extra money towards principal. Nevertheless, in my XX/XX/2016 statement, I see many errors again. Shellpoint " fixed '' my $ XXXX principal only payment from two months ago by postdating it to the end of the month instead of the beginning when they received it to ensure I would pay more interest ( their standard operating procedure it seems ). They also applied my extra principal $ XXXX for my XX/XX/2016 payment to " partial payment unapplied '', put into a separate suspense account. Doing this consistently every month is VERY BAD! Shellpoint MUST learn how to legally process principal only payments. So the $ XXXX is applied too late and the $ XXXX is sitting in limbo, not counting towards principal. Sending principal only payments is a very common thing to do, so all mortgage companies should know how to process them. I ca n't keep begging Shellpoint every month to apply my money the way I specify in the payment stub. How can I get legal and fair treatment to resolve this?
Company Response: Company believes complaint is the result of an isolated error
State: MD
Zip: 20853
Submitted Via: Web
Date Sent: 2016-10-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-31
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My home mortgage company keeps adding late charges to my account when my payments are made on time and I believe they are trying to put me in foreclosure. I have contacted them twice about the problem. I have also tried to submit proof that the funds for my mortgage were drafted out of my bank account before they were late by sending XXXX emails, one for XXXX 2016 and one for XXXX 2016, with attachments of my bank statement to prove it. They have said that they will not contact me once I have submitted proof of my timely payments because that could cause potential privacy issues and that I have to wait until my next statement to find out how the issues is resolved. So I send them the emails. The first time supposedly no one got it. This time I keep getting an error message that my email has been delayed. I am not sure if my email will go through and I have never seen an error message like this. I am worried that my mortgage company is trying to wait until I have three late payments or payments with insufficient funds, in order to foreclose on my property. I believe that might even happen as soon ans XXXX XXXX, 2016. One of my supposedly late payments the funds were drafted on the XXXX and they did n't deposit it until the XXXX. These are unfair business practices and I really need CFPB to help intervene or I am afraid I may go into foreclose to the dubious actions of Shellpoint Mortgage Company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94607
Submitted Via: Web
Date Sent: 2016-10-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-31
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I just attempted to payoff my second mortgage with Shellpoint Mortgage Servicing. I went on line to get a payoff amount. The system had me enter a payoff date and gave me an amount but had a disclaimer " Please call for updated figures prior to remitting funds as they are subject to change without notice ''. I called and the agent could not verify the figure and I was told that I would get in a few days. When I asked if I could make a payoff online or on the phone, I was told the online limited me to {$20000.00} of additional principal and they also could not take it over the phone. I would need to mail a check or pay for a wire transfer. This seems to be a very deceptive practice to delay a customer from paying off a loan to increase interest income.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 338XX
Submitted Via: Web
Date Sent: 2016-10-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-10-30
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Shellpoint Mortgage assumed my mortgage from my original mortgage lender earlier this year. Since being sold to this lender, I have had nothing but difficulty with having any extra monies paid allocated to principal. This was no problem whatsoever with my former lender. Any extra money paid to Shellpoint gets placed into an " unapplied payment '' status and these funds do not get applied to principal until the amount equals a FULL mortgage payment. In attempt to get around this, I have resorted to mailing individual paper checks ... .one for a usual monthly payment and another FULL payment to be applied specifically to principal ( to avoid the " unapplied payment '' issue ) but the company still applies the XXXX extra payment to the original loan ( and charges interest ) and NOT to principal. This has occurred even with placing post-it notes directly on the checks and indicating on the check memo line that XXXX check should be applied to a regular payment and the other to principal. Numerous calls to customer service and speaking with numerous individuals unfortunately has not solved this problem either. Further, retaining an attorney who has written a letter on my behalf requesting that all additional payments be applied to principal has not rectified the situation. Requests to speak to supervisors have been met with resistance and requests to return my calls are completely ignored, despite assurance that corrective action will be taken and promises to return phone calls to confirm those corrections with me. This month alone, I have called the company 5 times to attempt to correct misallocation of last month 's ( XXXX ) extra principal payment, and still have not seen corrective action despite assurances by the company. An individual from the company has suggested that I make payments directly on the company web site to avoid having an employee in their collections department manually input the mortgage payments, thus potentially avoiding this problem going forward. He indicates that I will be able to directly input how payments are allocated ( regular payment vs. principal only ). I am certainly willing to try this method, as I am clearly at this company 's mercy unless I decide to pay the loan off in its entirety early, but wo n't attempt this until past payments are input correctly toward principal, and erroneous interest charges are backed out. I see this recommendation by a company employee as an admission of no-faith in his company 's ability to handle client 's payments and certainly see it as and admission of no ability to correct a problem if payments are miscategorized. I have never resorted to writing a negative review of a company but have never witnessed such poor customer service and apathy/inability to rectify problems when they occur. I 'm sure I 'm not the only client with this problem and ca n't help but believe that there must be some company-wide concerted effort to bilk clients for extra interest when they are doing their best to make timely regular payments and to repay debt in a more timely fashion by attempting to pay down principal faster. This is not only distasteful and inappropriate, it is also illegal and should be investigated. I picked my original mortgage company after thorough research into the company that would offer the best balance of attractive rates, track record in the industry, and record of customer service. To say the least, having your mortgage eventually become re-bundled and resold to a company the likes of Shellpoint Mortgage has been a huge disappointment. I 'm not able to control this method mortgage acquisition by Shellpoint, but will be doing my best to warn initial mortgage customers about this company 's terrible business practices through this outlet, the XXXX, and other agencies. Any help you might provide would be greatly appreciated.
Company Response: Company believes complaint is the result of an isolated error
State: GA
Zip: 30501
Submitted Via: Web
Date Sent: 2016-10-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-27
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: The account XXXX Date of First Delinquency has been re-aged on my XXXX credit report as 2014. This account has been delinquent since XXXX. The account has never been brought current. Line Item : Shellpoint Mortgage Service XXXX, acct number XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX Line Item : XXXX XXXX XXXX, XXXX XXXX Attn : Research Dept., XXXX XXXX XXXX XXXX XXXX XXXX XXXX I have disputed this information several times with the disputes department at XXXX and Shellpoint Mortgage Service. The information will be corrected and then re-aged again. I am working hard to correct my credit mistakes and this matter is causing me great distress. I am respectfully asking for your help. I have enclosed a copy of my original loan payment history from XXXX ( original loan holder ) with the clear first date of Date of First Delinquency as XXXX ( no more regular payments made after that point, escrow is in the negative ) as well as a copy of my Chapter XXXX bankruptcy from XXXX ( XXXX behind in payments ), making it currently XXXX XXXX XXXX. This account has continuously been sold and resold. XXXX XXXX & gt ; XXXX & gt ; XXXX XXXX gt ; Shellpoint Mortgage Service then re-added to my credit report and now re-aged. This is a fraudulent practice.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AR
Zip: 72204
Submitted Via: Web
Date Sent: 2016-10-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-10-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Shellpoint Mortgage is missing XXXX payments from XX/XX/XXXX and preventing me from refinancing from 6.25 to 3.33 percent. I have been trying to get them to look at my account since they took over the servicing in XX/XX/XXXX and correct my account as they have been sending me notice of defaults since XX/XX/XXXX. I have proof of when my payments were sent, cashed and applied ( or in this case not applied ) and have sent them letters asking them to correct my account. I am now getting phone calls from Shellpoint asking if I would like to make additional payments to them to get my account current. No one will return my phone calls or respond to my emails or letters asking them to correct my information. I am attaching some of the correspondence so you can see how often I have been trying to get a hold of someone at Shellpoint.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84121
Submitted Via: Web
Date Sent: 2016-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes