Date Received: 2016-03-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: The current Mortgage Servicer has an illegal foreclosure against our family home. We were APPROVED and in a loan modification trial period with the previous Servicer ( Resurgent ) when the mortgage was service transferred to a new Servicer ( Shellpoint ) who failed to honor the APPROVED Trial Plan and refused to accept payments from us so the account fell so delinquent that it reached a point where the balance due was to much to pay for us at the time. We reached out and made several attempts to request mortgage relief assistance with Shellpoint to no avail. They just want to take our home. They have failed to assign a SPOC or meet the Conditions and Requirements of contacting borrowers before filing Notice of Default under California Foreclosure Law and HBOR. We submitted several packages and documents on many occasions and they always lost the documents and failed to reply. They simply have us the run around and failed to help save our home. Now they have a trustee sale date of XXXX/XXXX/2016.
Company Response: Company disputes the facts presented in the complaint
State: CA
Zip: 91744
Submitted Via: Web
Date Sent: 2016-03-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a thirty year fixed mortgage with Shellpoint. XX/XX/2015, mortgage payment increased from XXXX to XXXX. Payment was increased due to increase in escrow amount. When I refinanced the loan I was given the option of palcing any increased escrow amount to the back end of the loan.That is how I wanted the icrease in escrow to be addressed.They are also charging a XXXX service fee for processing my payment through XXXX XXXX XXXX.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 282XX
Submitted Via: Web
Date Sent: 2016-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We have filled a complaint in regard of a check that we sent to Shellpoint Mortgage servicing that has cashed by Shellpoint and did n't posted to our account. After the complaint, they resolved the problem as well as brought back the overcharging for the escrow funds. When we received the reply correspondence, we wrote Shellpoint back for more clarification about three ( 3 ) months mortgage due the letter has stated. While we were waiting for the final dispute or the clarification answer the case has closed. As we receive the correspondence last week on XX/XX/2016 there are XXXX fees that we needed to dispute. Therefore, we have to submit this new complaint. 1-Shellpoint has charged us {$220.00} late fees. While, they are one who made the mistake or intentionally not posted the funds to our account to generate late fees. We requested that the {$220.00} late fees should wave in our account. 2-Shellpoint has charged to our account {$2200.00} JUNK FEES " as other fee '' We ask for those illegal fees should be removed to our mortgage account. In the meantime, as of now our account is showing past due for {$8100.00}. while we 'll wait for Shellpoint to resolve the issue, we are going to make a payment arrangement.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: GA
Zip: 30045
Submitted Via: Web
Date Sent: 2016-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-08
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: I 'm trying to refinance a home loan. When I originally spoke with the loan company, we discussed a rate that would provide me with a credit big enough to incur no closing costs. Now, the lender is telling me that I may need to bring at least {$5500.00} to closing, and I have a higher interest rate than we originally discussed. I feel that this is a bait and switch on their part. Also, on XXXX/XXXX/16 they told me that I could close on either XXXX/XXXX/16 or XXXX/XXXX/16, and are, as of today, now telling me that I ca n't close then, and telling me that they did n't schedule closing with my Title Company, so it is n't their fault that I may incur costs to reschedule, including taking time off work so that I can sign the papers. Now I ca n't get them to tell me how much money I will need to bring to closing. I feel that they are ripping me off, and know that I ca n't do much about it since I 've already spent money on an appraisal.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77007
Submitted Via: Web
Date Sent: 2016-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: IN XXXX I GOT A XXXX MOTGAGE WITH XXXX WHICH WAS SOLD TO SHELLPOINT. I PAID IT OFF XX/XX/2015. I RECENTLY TRIED TO REFINANCE AND THE LAWYER FOUND THE DEED OF TRUST WAS NOT RELEASED PROPERLY AS IT WAS RELEASED BY XXXX WITH NO POWER OF ATTORNEY FOR XXXX TO RELEASE THE DEED. NUMEROUS PHONE CALLS BY MYSELF AND THE LAWYER HAVE NOT BEEN ABLE TO RESOLVE THE ISSUE.
Company Response: Company believes complaint is the result of an isolated error
State: WV
Zip: 26003
Submitted Via: Web
Date Sent: 2016-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-03
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Around XXXX XXXX I applied for a Loan Modification. The Loan Modification was denied. Then, XXXX Loan was transferred to Shellpoint Mortgage. In XXXX loan modification submitted to Shellpoint and denied. XXXX XXXX, I applied once again for a loan modification with Shellpoint and although it took months for a decision to be reached the outcome was successful and I was approved for a Trial Modification. XXXX XXXX, XXXX, Ireceived the Trial Modification Approval letter. client accepted approval contacted Shellpoint Mortgage to set up payments to be automatically deducted from my bank account because I did not want to miss any payments and wanted to ensure payment was being posted on time. XXXX XXXX, XXXX first trial payment was processed by Shellpoint Mortgage Then XXXX XXXX, XXXX I received a letter from Shellpoint informing me that the loan is being transferred back to XXXX XXXX XXXX effective XXXX XXXX, XXXX. Per correspondence I was instructed to continue the trial payment to B of A. On XXXX XXXX, XXXX I contacted Shellpoint Mortgage to ask how is the trial modification going to work now because I signed up for automated payments to be processed from my bank. I was informed the payments would continue to be processed and posted to the account regardless of who is servicing the loan. On XXXX XXXX, XXXX second trial payment payment was processed by Shellpoint Mortgage. On XXXX XXXX, XXXX, a third and final trial modification payment was processed. On XXXX XXXX, XXXX I received a letter about Escrow Shortage and escrow payment going up to {$260.00}. However the statement stated the payment amount is : {$3400.00}, when the trial payment is : {$2300.00} + the shortage which is an additional {$12.00} to the escrow portion totaling to : {$2300.00}. On XXXX XXXX, XXXX up to this date, Ihas contacted XXXX XXXX XXXX to check status on the permanent loan modification documents. XXXX XXXX XXXX is claiming to be unaware of an approval and are asking me resubmit the file. While in this conversations with XXXX XXXX XXXX I have been asked when I am going to bring the account current? I informed XXXX XXXX XXXX the payments are being deducted, the Trial Modification amount and I sent proof of that to XXXX XXXX XXXXXXXX insists the Trial Modification correspondence was not received, and that I am past due and that I can re-apply. I already completed the trial modification and the trial payments have continued to be made up to date, yet XXXX XXXX XXXX is claiming account is past due and that I can apply for a modification. XXXX XXXX XXXX informed me that they can not send me permanent modification documents when I have n't applied for a modification. The loan went from XXXX to Shellpoint Mortgage. Then the loan was removed from Shellpoint Mortgage and back to XXXX XXXX XXXX. It is not my clients fault that there is miscommunication in between XXXX XXXX XXXX and Shellpoint. I sent XXXX XXXX XXXX the correspondence from Shellpoint about the approval and all XXXX XXXX XXXX continues to do is state that I need to re-apply and they are not acknowledging the modification. This entire matter has caused severe anxiety to my family. I am a highly decorated Veteran, I suffered enough mentally, emotionally, and physically. It is enough that my career came to an end due to an injury in the field but now my pride is because I was given an approval I paid the XXXX installments and these XXXX companies refuse to help me. Please help.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94591
Submitted Via: Web
Date Sent: 2016-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My home loan was modified effective XXXX XXXX, XXXX while XXXX XXXX XXXX ( XXXX ) was servicing the loan. The new terms of the loan were : interest only payments at 5.25 % with a loan balance of {$280000.00}. There was no provision for escrow payments. The loan was transferred to Resurgent Mortgage on XXXX XXXX, XXXX and a few months later to Shellpoint Mortgage Servicing Company. When the loan was initially transferred to XXXX, the monthly payment amount was listed at {$2400.00}. I called and wrote to Resurgent to explain to them that their records from XXXX were incorrect. After nearly four months, Shellpoint replied and allegedly sent a loan history on XXXX XXXX, XXXX, but none was enclosed. My IRS form XXXX for year XXXX arrived in XXXX and the figures were obviously incorrect, showing approximately {$43000.00} paid in interest ( twelve payments of $ XXXX/month does not equate ). On XXXX XXXX, XXXX I wrote to Shellpoint -- via certified letter -- asking to correct XXXX and XXXX interest paid that was reported to IRS. XXXX did not reply. On XXXX XXXX, XXXX I sent another certified letter asking to correct the interest paid for XXXX and XXXX. During these times, I constantly called Shellpoint, only to leave messages that were not returned, by either letter or phone call. Finally, in XXXX, I actually was able to talk to XXXX at Shellpoint ; she said that I could not obtain any loan information because I was represented by an attorney and needed his permission. She advised that once I got " approval '' from my attorney, the loan documents would be dispatched. XXXX XXXX XXXX, XXXX. XXXX my attorney ) emailed XXXX on XXXX XXXX, XXXX stating that Shellpoint could provide any information I requested. I emailed/followed up on XXXX XXXX, XXXX with XXXX, again asking for this information. To date, I have not received a loan history. In the interim, Shellpoint shows my account with legal fees, late charges, miscellaneous fees, unapplied payments, etc. on their web site. There is no substantiation for such charges. I was told by XXXX that the official mailing address for payments was changing ; I requested this information via official letter, however, I have not received any notice as of this filing. Further, Shellpoint is not reporting my current loan status to the credit reporting. agencies. Recently, Shellpoint sent a revised IRS form XXXX for XXXX. Based on this revision, Shellpoint is clearly able to provide an accurate loan balance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our firm, XXXX XXXX, XXXX, has been monitoring our client 's request for mortgage assistance to Shellpoint to ensure Shellpoint 's compliance with Regulation X. We sent Shellpoint our client 's complete Request for Mortgage Assistance Application via facsimile on XXXX XXXX, 2016. Additionally, a hard copy of the application and supporting documents were mailed via certified mail [ Tracking No. : XXXX XXXX XXXX XXXX XXXX ] to the address designated by Shellpoint for Loss Mitigation applications on XXXX XXXX, 2016. According to the U.S. Postal Service, Shellpoint received the hard copy application and documents on XXXX XXXX, 2016. At both the time the application was sent by us and received by Shellpoint, there was no foreclosure sale date scheduled for the property. Accordingly, the application was received more than 45 days before a scheduled sale date. Moreover, we sent a Request for Information ( " RFI '' ) to the address designated by Shellpoint on its website for such correspondence on XXXX XXXX, 2016 asking Shellpoint to determine whether the application submitted was complete or incomplete and to provide a list of any documents missing if any. Despite being required to send written acknowledgement of a complete or incomplete package after receipt and to respond to the Borrower 's RFI under Regulation X, Shellpoint has failed do either. As of the date of this complaint, Shellpoint has failed to send any written acknowledgement of the Borrower 's application or any written response to the Borrower 's RFI as is required under Regulation X. Due to its failure to acknowledge our client 's application package, we subsequently sent Shellpoint a Notice of Error ( " NOE '' ) on XXXX XXXX, 2016. As of the date of this complaint, we have not received any written acknowledgement or response to our NOE either. Even more unnerving than Shellpoint 's failure to acknowledge receiving the Borrower 's application is its blatant disregard for its responsibility to take any steps available to stay foreclosure proceedings as it completes the review of the application. While it is well settled that servicers shall instruct their counsel to take any necessary action ( s ) available to stay a pending foreclosure proceeding as a review is completed, Shellpoint has clearly failed to do. Instead, its counsel has pushed forward with the foreclosure against our client and insisted the trial go on as scheduled for XXXX XXXX, 2016. We put both Shellpoint and its counsel on notice of its failure to take any action to stay the proceeding due to the application review by sending an additional NOE to Shellpoint and handing its counsel a copy in open court. Notwithstanding the foregoing, Shellpoint 's counsel continues to insist we move forward with the trial, which is set to continue every day for the next few weeks. We believe Shellpoint is blatantly disregarding its responsibilities owed to our client pursuant to Regulation X and is brazenly engaging in the prohibited practice of dual-tracking each and every day that the trial proceeds while the review of our client 's loss mitigation application is still pending.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 331XX
Submitted Via: Web
Date Sent: 2016-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We have been trying to get a loan modification from Shellppoint Mortgage since XXXX/XXXX/15 and Shellpoint is not being copperative at all and they keep changing the assigned representative handling the file and continue to ask for the same documents over and over.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 28212
Submitted Via: Web
Date Sent: 2016-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-01
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: The company that is servicing my loan ( Shellpoint ) holds money in an escrow account. They are supposed to disburse my property taxes and homeowner 's insurance from this account when due, but so far they have not done so. The XXXX XXXX County tax collector website currently shows my tax as past due and my XXXX insurance agent says a payment has not been received, which would essentially mean my home is no longer insured. I have called them repeatedly to discuss this situation and no action has taken place. How can they hold my funds and not make these scheduled disbursement, the result of which is increased risk to me.
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 91364
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No