Date Received: 2016-04-21
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This is a second complaint concerning Shellpoint Mortgage Servicing. Original ( XXXX ) was not taken care of. We still can not access our account. We still remain in Bankruptcy per their records. Customer Service can not or will not help. Bankruptcy Department does not respond to messages and does n't answer their phone. Absolutely noone can/will help at Shellpoint. We can not even verify what our XXXX payment should be.
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers
State: CA
Zip: 92563
Submitted Via: Web
Date Sent: 2016-04-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-04-21
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: ShellPoint XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX CA XXXX The investor, XXXX XXXX, is refusing to honor the servicer 's, ShellPoint 's, value of XXXX and insisting on receiving XXXX minimum net. This would make the purchase price XXXX ***** The investor is requiring the buyer pay XXXX OVER AND ABOVE FAIR MARKET VALUE for this property. The agent had sent market comps to Shellpoint, using a price per square foot basis to reach the purchase price of $ XXXX. Shellpoint originally used comps that were NOT comparable- they were for much larger homes that were in far better condition. After a value dispute ShellPoint lowered the value to XXXX. The investor, XXXX XXXX is refusing to honor its servicer 's value. XXXX XXXX is demanding that based on their own comps. The investor is XXXX XXXX. The servicer is ShellPoint. The CFPB 's role is to protect consumers. This is a clear cut case of the investor and its surrogates, aka servicers, attempting to extort the buyer by demanding a sales price higher than anything that has currently sold in the same condition in this community with the same square footage. We want to reiterate that XXXX XXXX and its surrogates, aka servicers, forced the homeowners from this property telling them they no longer owned it and converted this property to a zombie foreclosure. Please review our XXXX CFPB complaint ( filed XXXX/XXXX/16 ) again. NONE of these issues have been resolved in any manner whatsoever. XXXX XXXX and their surrogate 's actions have caused financial harm to the sellers in the form of XXXX dues that they are liable for under California law. This is not to mention the emotional toll this is taking on our elderly sellers living on a fixed income, who are being continually swindled by XXXX XXXX and their surrogates. It is quite possible that XXXX XXXX and their surrogates have violated multiple state and federal laws : 1. Illegal eviction 2. Constructive fraud 3. Illegally telling a homeowner they had no retention options on multiple occasions ... ..among others ... .. PLEASE remember that XXXX XXXX has already settled in the amount of {$5.00} BI dollars for LOAN FRAUD.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92021
Submitted Via: Web
Date Sent: 2016-04-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-04-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am currently fighting with shell point mortgage company about the foreclosure of my property, i called 2 times the week of XXXX/XXXX/2016, spoke to XXXX different representitives from this company. i wass assured by both repersentives that after the last {$1000.00} + {$1600.00} i had prviously sent in that there would be no other fees and i would not be in foreclosure. Only to find out on XXXX/XXXX/2016 that they returned the {$1000.00} and that there were infact more attornies fees, so now i am back in foreclosure and having to pay {$2500.00} to save my house from foreclosure. So when i called they said that the intial {$1600.00} i paid had infact been applied to my past due balance and that i still owed more money even though XXXX seperate representives stated that it would not be the case. it seems that they are gouging someone who is struggling to save their home. i am considering taking legal action against this company.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MN
Zip: 55337
Submitted Via: Web
Date Sent: 2016-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-04-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Hello. I am looking for someone that will help my husband and I with the atrocities that have taken place in our lives over the past 10 years. First, it started with XXXX. We got behind in our payments in XX/XX/XXXX and they took advantage of our situation and I have the documentation that shows they applied our extra payments to escrow and looks like possible forced hazzard insurance was put on our mortgage, even though we had regular monthly insurance. Second, in XXXX XXXX, we took out a second mortgage with XXXX, under the terms of 9.8 % interest for 10 years.. The payment was {$140.00} a month and our yearly taxes, we took a tax break of roughly {$90.00} a mo in interest. In XXXX, we had to file bankruptcy because we could never get caught up with XXXX and got behind with XXXX. We continued to pay XXXX but was later told it was a daily simple interest loan and since we got behind, the rate went up to 15.99 % .. When asked for the XXXX documents, they sent us what looks like falsified documents- making it look like we agreed to paying 15.99 % interest for 15 years!!! During this time, we still continued to pay but was unable to find a way to get out of this loan bc of the bankruptcy that was filed thanks to XXXX. XXXX and XXXX sold our loans to other servicers. XXXX sold our first to XXXX XXXX XXXX and they " modified '' our loan after our bankruptcy discharge.. They also applied none of our payments to principal during that time and then put it back into the modification.. This was recently realized when I sat down and combed through the records. XXXX then picked up our home loan after that and the level of unprofessionalism and abuse we dealt with was ridiculous.. We even thought about foreclosing on the hone bc their bullying tactics were too much.. They sold to XXXX a few mos ago. As for XXXX, they sold to several and after we couldnt get a straight answer on the account, we quit paying.. We basically still owe what we took out in XXXX. In XXXX, my husband recieved a call from a man namd XXXX from Shellpoint, saying the account has basically aged out and that they wouldnt be charging any interest and then said that they werent persuing it. Then sent us a setttlement offer for {$3700.00}. At the time, we couldnt afford that, out of pocket. Recently, my husbands credit has become much better and we were in the middle of a refinance. The issue of a lien being held by XXXX is still on the house. XXXX XXXX asked us to see if they would settle. My husband asked them for a settlement and the guy said the same amount and then when my husband said we were using a refinance to pay this back, he gave us literally FOUR DAYS to get the money, knowing we werent closing in four days.. Now his tune has changed and is saying we now owe them the full amount and can make monthly payments. We want OUT of all this predatory lending and Quicken has been working with us to try to help.. Shellpoint mortgage SERVICING is the only thing holding it up.. We need HELP! Tired of being XXXX by the unscrupulous mortgage servicers!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AL
Zip: 350XX
Submitted Via: Web
Date Sent: 2016-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-04-19
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: you are engaging in identity theft, and you are engaged in illegal debt collection action, both actions have been reported to the federal government, the federal trade commission and CFPB, and you are to cease and desist, terminate any and all collection actions and transferring to third parties anything that is my personal information, further. Until you contact me with the proper sworn information or contact the government regarding the pending cases. You are in violation of federal, criminal and civil law, so act accordingly. Please reference that a new updated deed has been recorded, do not interfere with any property rights further.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 380XX
Submitted Via: Web
Date Sent: 2016-04-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-04-18
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: Our loan officer, XXXX XXXX, lied to us on two occasions. The first occasion began when my wife and I asked for our rate to be locked at 3.75 %. She responded the next day by saying that our rate was locked as of that day and that we would be receiving a form to sign to that effect. We waited a week before emailing again to inquire about the form as we had not yet received it. She responded that day by saying that our rate was locked but at 3.875 %. She wrote in her email to us that she thought that " we had discussed this. '' Of course, that had not happened. We had no email notification and no phone contact with her. I will apologize and withdraw this complaint if XXXX can provide so much as a phone record stating that she spoke with my wife or I during the week since stating that our rate was locked while referencing a document listing 3.75 as our rate. I contacted XXXX 's supervisor to have him correct her behavior. He did. However. No apology was given. And while we requested a new loan officer on account of XXXX 's behavior, our request was not granted. In fact, XXXX then called and left a rude and unprofessional phone message. On the second occasion that XXXX lied, our realtor was reviewing disclosures a week prior to closing and noticed that some closing costs were being billed to us. Our realtor emailed XXXX ( while cc'ing us ) to ask for an explanation as the understanding was that no closing costs were to be billed. As I saw no response from XXXX to our realtor, we emailed her asking for an answer. XXXX emailed back to say that she had already responded to our realtor in stating that they would be removed just prior to closing. This was a lie and our realtor immediately noticed and wrote her back to say that she had received no such response. When I emailed again ( while cc'ing XXXX 's supervisor ) XXXX responded by rudely stating that it was n't her responsibility to explain things to our realtor - completely ignoring the fact that she had just lied to our realtor, my wife, and I. Further, it was our understanding that we were to have received a final loan disclosure document 10 days prior to closing. We did n't see the final document until we were at the signing. We had to check whether or not XXXX had changed the terms of the loan at the signing. Our experience with XXXX XXXX and XXXX XXXX was extremely unpleasant. We will make sure that everyone we know and who will listen will know about our experience.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 43221
Submitted Via: Web
Date Sent: 2016-04-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-04-14
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Shellpoint Mortgage Services XXXX, fraudulently Increased the interest rate on my mortgage and then put my loan into collections when I disputed the new interest rate. I submitted my " borrowers copy '' of the loan documents stating the rate of 2.25 % for 40 years. They have not provided me any information and have placed me on a " dual track '' accelerating my loan into collections and foreclosure while they are " reviewing '' my dispute. I have never been able to speak with or have received any communication from a personal loan specialist over the past 4 months. I have spoken to over XXXX different customer service agents, non of which can help me and give conflicting information each time I call. I have been given longer " review '' times for my interest rate dispute each time I call. The first time I called I was told the review would take XXXX4 days, then up to a week, then XXXX14 days, then up to 30 days and the last time I called they said it could take up to 45 days, but no one is ever available that can let me know where they are in the process or provide me any information. I have recently been told that they may file for foreclosure on my home in 2 weeks. I have been paying my mortgage for 10 years and I was never late on a payment. I just do n't understand why Shellpoint Mortgage Services is allowed to play games and not give me a point of contact that actually works there and I 'm able to speak with.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: SC
Zip: 294XX
Submitted Via: Web
Date Sent: 2016-04-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-04-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am desperately trying for a loan modification. I submit all of my financial information, along with paperwork to show my home is worth {$140000.00} MAX, I would be lucky if I got that. My mortgage company keeps denying me for a loan modification stating they can not create an affordable payment for me because, according to their ELECTRONIC valuation ( not even a real appraisal ) that they think my house is worth {$230000.00} according to their last denial letter in XXXX, the AVM value was XXXX. I wish! I live in an old home ( built in 1942 ), it is only XXXX sq feet and located in a very rural area ; in AVERAGE/FAIR condition. If I could get that much money on it I would sell it. I tried telling them this information and sending documentation but nobody will listen. My house is worth no more than {$140000.00} and MAYBE {$150000.00} and that is on the higher end. I have attached my written authorization to direct all further correspondence on this matter to XXXX, XXXX and XXXX at XXXX XXXX ; I have also attached records of my house and notice of valuation from our county assessor.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84660
Submitted Via: Web
Date Sent: 2016-04-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-04-06
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Shellpoint Mortgage servicing has not paid my taxes since they purchased my loan The money is siting in escrow and I am being charged interest by the NY state government. They have made other errors as well such as listing the wrong mortgage rate.
Company Response: Company believes complaint is the result of an isolated error
State: NY
Zip: 11218
Submitted Via: Web
Date Sent: 2016-04-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-04-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: ShellPoint LN XXXX Property Address : XXXX XXXX XXXX XXXX XXXX, XXXX CA XXXX Borrowers : XXXX XXXX XXXX XXXX XX/XX/XXXX, the borrowers filed bankruptcy. XXXX XXXX was servicing both the first and the second mortgages at that time. As part of the bankruptcy, the borrowers attempted to surrender the property, however XXXX XXXX did not agree to it. Servicing on the XXXX mortgage was transferred to XXXX XXXX, who XX/XX/XXXX suggested the borrowers do a deed in lieu, and promised relocation assistance under the XXXX deed in lieu program. Their single point of contact was XXXX. XXXX had told them in approximately XX/XX/XXXX that XXXX XXXX was not responding to their requests for settlement. A couple of months later, XXXX told the borrowers that XXXX XXXX had agreed to allow the deed in lieu. XXXX XXXX sent the borrowers a letter stating that they had not received the funds as agreed upon, and that the deed in lieu agreement was void. When the borrowers tried to follow up with XXXX, they were told she was no longer there, and someone would look into their situation. Right after this, the borrower got a notice that servicing was transferred to Shellpoint. When we, XXXX XXXX XXXX, started the short sale with Shellpoint XX/XX/XXXX, Shellpoint stated that the borrower lost the right to the opportunity to short sell as they had surrendered the property. CFPB Case # XXXX had to be filed in order for Shellpoint to allow the borrower to attempt a short sale. On XX/XX/XXXX, XXXX XXXX from Shellpoint Mortgage told me verbally the value on the property came back at {$180000.00}, and was submitted for approval with the purchase price of {$150000.00}. On XXXX XXXX XXXX told me the investor was requiring a net proceeds of {$180000.00} with a purchase price of $ XXXX- {$210000.00}. The BPO shows a value assigned as {$190000.00}. The investor has remained the same through this entire scenario - an investment group from XXXX XXXX identified as XXXX XXXX. XXXX XXXX also told me verbally on a recorded line that Shellpoint approved the offer at {$150000.00} however the investor did not. At no point during this entire treatment from XXXX different servicers, were the borrowers ever treated appropriately under the law. In fact, they were prevented from receiving relocation assistance which was due to them under the law by XXXX XXXX. Although the servicing changed hands several times, the investor has remained the same and under agency law that investor must be bound by any action any servicer takes, and this investor has engineered a zombie foreclosure on this property. The investor is essentially attempting to extort the new buyer into paying approximately {$20000.00} ABOVE their own stated market value. This shows bad faith in the extreme, by first promising the borrower something that they did not deliver ( and may I remind you that the servicer acts as an agent to the investor, thereby making any action done or promise made by the servicer required to be adhered to by the investor, punishable by the fullest extent of the law ), then by engineering a zombie foreclosure, then telling a borrower who is clearly still on title that they have surrendered their property, and now attempting to force a buyer to pay well above market value for the property. This has also exposed the borrower to homeowner association dues which will survive a foreclosure, by deceit and fraud. I highly recommend the investor take this offer, as I will be recommending the borrower sue Shellpoint and the investor XXXX XXXX for both actual and punitive damages. You CLEARLY have engineered this entire situation from start to finish, and this does constitute a zombie foreclosure.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92021
Submitted Via: Web
Date Sent: 2016-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No