Date Received: 2016-09-20
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My original complaint : Shellpoint Mortgage is inaccurately reporting on my credit report, attached. This loan was originated by XXXX XXXX XXXX in XX/XX/XXXX. I filed for Bankruptcy and the loan was discharged XX/XX/XXXX. XXXX XXXX XXXX Sold the loan and Shellpoint Mortgage began servicing the loan on XX/XX/XXXX. I am not legally liable for the debt due to discharge XX/XX/XXXX. I am aware the lien survived, is attached to the property and if payments are not made, the private entity who owns the loan can start the Foreclosure process to recoup the lien amount. Shellpoint Mortgage can not legally report anything on my credit report other then a Balance of {$0.00}, the comments " Included in Bankruptcy '' and Date Reported as XX/XX/XXXX because it is Discharged. Currently, Shellpoint is reporting the Date Reported as XX/XX/XXXX and Date of Major Delinquency First Reported XX/XX/XXXX.Shellpoint Mortgage is breaking the law by reporting a delinquency and or missing payments. I demand for these items to be removed immediately. My Credit and Credit Score has been affected and have actively worked for the past year to resolve this misreporting and the issue still persists. Shellpoint 's Response : Upon investigation of your dispute, Shellpoint has determined that were are reporting this loan to the consumer reporting agencies ( " CRA 's '' ) with the appropriate Consumer Information Indicator for Discharged through Chapter XXXX Bankruptcy. However, since the discharge occurred prior to Shellpoint 's servicing, we have determined that we do not need to report this loan at all. The prior servicer should have reported the discharge action when it occurred, and then the reporting should stop. No further updates are needed to the CRA 's after the discharge. Therefore, we have submitted a request to the CRA 's to permanently delete the Shellpoint tradeline. Please allow a few days for the CRA 's to process our request. XX/XX/XXXX Complaint Shellpoint Mortgage added Lender Paid Insurance Policy to the property attached to the loan and deducted it from the Property Tax Escrow Account with out my consent. The original loan did not impound a Home Insurance Policy with the Escrow Account. The Insurance policy became effective XX/XX/XXXX and {$430.00} was deducted from my Escrow Property Tax Account, making my Escrow Account short for property taxes. Shellpoint acknowledged their mistake, canceled the policy XX/XX/XXXX and only refunded {$140.00} out of the total {$570.00} Policy Amount. Shellpoint is refusing to refund the total amount of {$430.00} nor willing to start the refund request without me submitting an Insurance Policy to show coverage for that time period. I do not need to submit any documentation as this is a mistake Shellpoint made and caused my Escrow account to be short for my property taxes. Due to Shellpoint 's mistake, they increased my mortgage payment to cover their Lender placed Insurance Policy and I inferred the extra amount was for the property taxes. I received a letter today indicating the Loan has been Sold to XXXX XXXX XXXX , XXXX and will become the effective Servicer XX/XX/XXXX making it more difficult for Shellpoint Mortgage Servicing to refund the Lender Paid Insurance Policy to my Escrow account before it gets transferred.
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 92064
Submitted Via: Web
Date Sent: 2016-09-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I had previously submitted a complaint XXXX XXXX XXXX, but did not respond. I thought our new loan servicer ( Shellpoint ) was moving forward with our loan. They are not. I have called almost XXXX dozen times and have only received calls back in which they hang up on me when I answer. I have done EVERYTHING required to modify my home loan, repeatedly. Nothing ever comes of it. I have been stuck in limbo for years now. And because nothing is ever reported positively to the credit agencies, my credit is always ruined so that I never have any other recourse. I need help. These loan servicers are just kicking the can until homeowners give up. I will not.
Company Response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
State: WA
Zip: 98038
Submitted Via: Web
Date Sent: 2016-09-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-16
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: Shellpoint has denied my request to modify my mortgage claiming non receipt of requested documents, and also responded to a previous complaint to cfpb that I did not supply docs. Not true, all faxed and mailed multiple times. I refaxed and mailed XXXX pages yesterday again!. Included were multiple letters from them acknowledging receip of requested docs
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-09-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Approximately 4 months after purchase a new home and receiving a first mortgage loan, I attempted to " recast '' my monthly mortgage payment by making a large payment of principle ( {$60000.00} ) and a recast fee ( {$300.00} ) in accordance with my loan documents. The recast request along with my payments were made on XXXX/XXXX/16. The recast has not been processed to date despite my numerous inquiries. Now the mortgage has been assigned to another servicer on short notice ( approximately 15 days ), again without any acknowledgment of the recast being completed. In calling the current ( and soon to be former ) servicer I have been given a variety of excuses and promises on the progress of the recast. Being able to recast the loan and adjust my monthly payments without a prepayment penalty ( once my prior home sold ) was part of the inducement in doing this loan and the failure to do so appears to be a material misrepresentation.
Company Response: Company believes complaint is the result of an isolated error
State: FL
Zip: 334XX
Submitted Via: Web
Date Sent: 2016-09-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I currently have a second mortgage serviced by Shellpoint Mortgage Servicing. I began calling them on XXXX XXXX/XXXX/2016 regarding the XXXX/XXXX/2016 maturing or the loan. Since then I have talked to XXXX different individual on XXXX different occasions. They stated the only options were to pay the {$59000.00} balance or refinance. I informed them, I do not have the funds to pay off and wanted to refinance. They stated someone will call me back within 24 to 48 hrs. This call back was not returned and I had to call them multiple times with the same promise. After promising a call back 3 times, someone finally called me and state that they do not do refinances any longer. They dodged me for over a month and now tell me my only option it to pay in full. My first and second mortgage are greater than the value of my property which does not allow me to refinance with someone else. The only way to payoff is to take funds out of my XXXX which will be devastating with me being XXXX. Why do they state on the invoice they send me that if you can not pay at maturity to call them for options if there is only two options - payoff or default. This organization is at the least understaffed and undertrained to support their customers since they can not return calls or answer your questions when you call. At the most is deceptive in delaying answering thus placing the customer in a position that they can charge late fees and legal fees when a customer can not pay off the loan. Additionally, when you ask to speak to a supervisor, no one is available. It is impossible to speak to anyone above the first level customer service agent. It is amazing that the mortgage holder is unwilling to modify the maturity date to eliminate the potential of a default but it appears the servicer is more concerned it cost containment and doing the minimum service required than to reduce losses for the mortgage holder and service the customer. I have my home for sale but the market is not very good.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 338XX
Submitted Via: Web
Date Sent: 2016-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-13
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Since XXXX XXXX Shellpoint XXXX XXXX had been reporting that our mortgage account was past due. They claimed we missed mortgage payments but refused to provide us the dates of the alleged missed payments. Despite six months of requests, countless hours on the phone with Shellpoint Customer Service Agents and numerous written requests from both myself and my wife. Shellpoint simply refused to give us the dates which would allow us to provide evidenced we did not miss any payments on our mortgage. In an act of desperation, I submitted a complaint to the CFPB ( Case number : XXXX ) and only then did Shellpoint finally sent us a letter with the dates of XXXX payments they claimed we allegedly missed. I am so very grateful to the CFPB for intervening and forcing Shellpoint to respond. Now I am able to refute their claim and prove those payments were made. Please refer to the attached Shellpoint letter claiming I missed payments on XXXX XXXX, XXXX and on XXXX XXXX, XXXX. As evidence I made these payments please now refer to my attached XXXX Bank statements which clearly and unambiguously show these payments were made and they were made on time. The attachment labeled " XXXX XXXX & XXXX XXXX Payments '' contains copies of my XXXX Bank statements in chronological order covering the period XXXX XXXX thru XXXX XXXX, XXXX. The first statement details my XXXX XXXX payment to XXXX which was paid and posted XXXX XXXX via Electronic Withdrawal ( XXXX XXXX ) in the amount of {$2100.00} which is not disputed but included as a baseline. The very next statement in that attachment is for the period XXXX XXXX thru XXXX XXXX and clearly shows I made my XXXX XXXX payment in XXXX installments XXXX via Electronic Withdrawal to XXXX with the first installment in the amount of {$1900.00} being paid on XXXX XXXX, XXXX XXXX XXXX XXXX ) and the second in the amount of {$210.00} being paid on XXXX XXXX, XXXX ( XXXX XXXX ) together totaling XXXX installments equal {$2100.00} and were paid before the late date. The attachment labeled " XXXX XXXX XXXX Payment '' is for the period XXXX XXXX thru XXXX XXXX, XXXX and clearly shows I made my XXXX payment via Electronic Payment which I rounded up to the amount of {$2300.00} on XXXX XXXX, XXXX XXXX XXXX XXXX ). The fact is that I am not behind on my payments but rather I 'm ahead of them as more often than not I round up my monthly mortgage payments. I have every statement showing every payment I 've made to both XXXX and Shellpoint since the inception of my loan modification. Never once while XXXX was servicing my mortgage did they indicate, communicate or accuse me of having missed or was even late on a single payment. It appears as though Shellpoint has been adding fees to the balance of my loan which have never been listed on my mortgage statements but are listed on the Loan history which I highlighted below the Shellpoint letter. XXXX of these is listed as " Attorney Fee Disb '' to XXXX XXXX in the amount of {$450.00} and lists no explanation for this fee whatsoever. I want an explanation of what this and the other fees are for. In the letter signed by XXXX XXXX of the Shellpoint Compliance Dept. she provided her direct telephone number ( XXXX ) but in the last month not once has she answered her phone which goes to voice mail which she has not even bothered to answer. Dealing with Shellpoint is like trying to talk to a stone wall.
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 95648
Submitted Via: Web
Date Sent: 2016-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-13
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: Our alleged servicer/collector either purchased or had a debt transferred to them from XXXX XXXX XXXX XXXX on or about XXXX. Shell point Servicing has represented themselves as holders of the debt even after me the homeowner requested the proper validation of the alleged debt 2 times in XXXX and 2 times in XXXX without producing any present right to the debt or right of possession. They have also added approx {$10000.00} each month after the first request of the debt validation in XXXX to intimidate and harass us. Shell point refuses to sign for the registered receipts and refuses to show any valid contract as to the amounts being added. Furthermore they filed a notice of trustee sale on XXXX XXXX asking for an amount of debt that is {$300000.00} beyond the amount stated on the deed of trust and secured, hence violating the FDCPA through their attempt to collect a debt through deceptive and wrongful actions. Lastly, they have reported private information and employed another third party to attempt the illegal disposition of the real property at XXXX, XXXX, ca XXXX in contradiction of the homeowner notifying them through a " cfpb '' disclosure that they were not allowed to disclose any information. This company and its holding company New Penn Financial have brought a new level of fraudulent activity into the market place in order to be unjustly enriched through their violations of law, Federal and State. This is a request for an investigation of this fraudulent company and their illegal actions against XXXX homeowners that are now XXXX years old and are in constant harassment and intimidation by this company and their newly appointed " trustee '' and illegal collector of the debt employing and using Unfair, deceptive, and abusive Business practices which can be observed in their filing of Notice of Trustee which has never been verified and is in noncompliance due to violations of the law. The homeowner has identified over XXXX violations just on the Notice of trustee and the fact that this Notice of Trustee was filed without a proper Notice of Default being recorded. In addition this company has employed false documents and has recorded them with the county recorders office to show a false interest in the debt.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92620
Submitted Via: Web
Date Sent: 2016-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We are representing a home owner in initiating a Short Sale for his home. We submitted all documents to get the sale date postponed and we were told that the date was postponed for 45 days. The sale date was set for the following day before confirmation of postponement. The property was then auctioned off to a third party. We were never told that the property was going to auction or that they canceled the extension. Now we have been trying to get the lender to rescind the property but they are not reaching out to us after informing us that it was in fact their mistake. We have reached out to managers, escalation dept, liquidation dept and to other high level corporate supervisors. We still have no resolve and have not heard from anyone in over 10 days. Despite several failed attempts, emails and voicemail left. The lender involved in this complaint is Shellpoint Mortgage. Now that we are constantly reaching out to the lender it almost feels that all representatives in their office have been advised to not cooperate with our office. We have been told by several agents that the notes in their systems reflect a postponement of 45 days. Any help or insight with this matter would be greatly appreciated. The homeowner, myself and our firm are continuously being given the run around with no resolution.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 902XX
Submitted Via: Web
Date Sent: 2016-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-11
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My mortgage was sold to Resurgent Mortgage Servicing after I had refinanced my mortgage with Selene Finance in XXXX of 2013. The very first month they took over my mortgage, they increased my monthly payment over {$500.00}. This was what they said was " their Fees ". I paid the first month of the higher payment and then consulted with an attorney. He sent them a letter, before anything was accomplished, Resurgent sold the mortgage again to Shellpoint Mortgage Servicing, which I found out is an affiliate of Resurgent. Again, my attorney contacted them ( Shellpoint ), and tried to get t situation resolved. I have not payed any mortgage payment since the first payment I had made to Resurgent. All Shellpoint wanted to do was to do a loan modification or a refinance. My original interest rate was aprox 2.8 %. They do not want to honor my mortgage agreement that I originally signed with XXXX XXXX. My attorney all of my original documents as far as the refinancing and has the correspondence to both Resurgent and Shellpont. My home is now being foreclosed upon and I do n't see how this can happen. It is my understanding that when a mortgage is sold, the buyer buys it " as is " and CAN NOT add fees or change the agreement any way unless the property taxes or insurance changes. I have saved all of the payments that should have been made, I just refuse to pay more than what my original mortgage agreement states. My attorney is XXXX XXXX and his email is XXXXXXXXXXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 436XX
Submitted Via: Web
Date Sent: 2016-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-08
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Shellpoint Mortgage XXXX Refuses to pay my City taxes despite $ being escrowed in excess of amount.
Company Response: Company believes the complaint is the result of a misunderstanding
State: GA
Zip: 30327
Submitted Via: Web
Date Sent: 2016-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No