Date Received: 2015-10-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I applied for assistance in saving my home with my servicer, Shellpoint Mortgage Servicing, on XXXX/XXXX/2015. I hired an attorney to help me submit my paperwork. My attorney confirmed Shellpoint received my full and complete application and all financials on XXXX/XXXX/2015. My attorney called Shellpoint several times for an update after the submission. No calls were ever returned. Shellpoint only returned the calls after the home had already foreclosed. I never received any approval or denial letters from Shellpoint until after my home was foreclosed on XXXX/XXXX/2015. My attorney finally obtained a copy of a denial letter from Shellpoint by fax on XXXX/XXXX/2015. My home was foreclosed while waiting for a response from Shellpoint. I feel my servicer purposely withheld my denial letter, avoided taking calls from my attorney and did not advise me I was denied in order to evade allowing me the time appeal the decision before setting a sale date and actually foreclosing my home. My servicer XXXX set a sale date before my timeline to appeal expired : Denial Letter dated : XXXX/XXXX/2015 ( Attached ) Timeline to appeal per denial letter : XXXX/XXXX/2015 ( Attached ) Sale Date set on : XXXX/XXXX/2015 - XXXX ( Attached ) My real estate attorney states RESPA Regulation X ( 1024.41 ) ( Copy Attached ) prohibits servicers from moving forward with an order of sale while under review or within the appeal period for loss mitigation. I feel XXXX Shellpoint Mortgage Servicing broke the law when they moved to order a sale date on XXXX/XXXX/2015. They should have waited until after XXXX/XXXX/15 to set the sale date. In summary, I feel I was illegally foreclosed while I was awaiting a decision on a loss mitigation application. My servicer purposely hid the fact they had denied me in order to evade allowing me to appeal the decision. They illegally set a sale date against me on XXXX/XXXX/2015 during the timeline in which I was supposed to be able to appeal. They did not allow me to appeal the denial by way of hiding it from me. I did not actually receive a denial letter until XXXX/XXXX/2015 ( Attached ), which is after they had already foreclosed me. I am sure Shellpoint XXXX will attempt to tell you that this is all a misunderstanding, but it is very evident it was on purpose.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91786
Submitted Via: Web
Date Sent: 2015-10-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We refinanced our mortgage in order to switch from an ARM to a fixed. We were given paperwork showing that our new mortgage company would be XXXX XXXX XXXX XXXX XXXX Mortgage and that our first payment was due on XXXX/XXXX/2015. We used an ACH transaction to pay the first payment on XXXX/XXXX/2015. We have documentation from our bank, XXXX XXXX XXXX, that the transaction was sent and that XXXX Mortgage received it. On XXXX we received a letter from Shellpoint Mortgage stating that they now owned our mortgage effective XXXX/XXXX/2015. This was 17 days after we sent our first payment. They advised us to not send the XXXX payment to XXXX and to send it to Shellpoint. The payment we sent does n't show on either company 's website for our account. We 've called both companies to try to get the payment corrected but unfortunately, neither company will assist us in this process. When we call XXXX they tell us that the request to transfer the funds must come from Shellpoint. When we call Shellpoint, they tell us that we must call XXXX and arrange the transfer ourselves. after numerous calls to each entity, we keep getting shuffled back to the opposite entity. In the meantime, we are currently listed as late for our XXXX payment and have no way of retrieving the funds from XXXX so that we can pay Shellpoint.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Requested early PMI Cancellation Forms on XXXX XXXX, 2015. After a month, I still did not receive the documents requested. Called on XXXX XXXX, 2015 and I was told they held it up to investigate if I qualified ( but I was never informed of this ). They said the information would be emailed to me by end of day ( or someone would reach out if I did not qualify ). Neither of those two things happened. Called again on XXXX XXXX, 2015 and was told the requests were not submitted correctly and the rep would have to put in a new request. I was told documents are to be mailed out Monday XXXX XXXX, 2015. The delays have now cost me {$100.00} to date, with a high probability of costing me another {$100.00} this month.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 194XX
Submitted Via: Web
Date Sent: 2015-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-22
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XX/XX/XXXX, XXXX XXXX sent letter advising that Shellpoint Mortgage Servicing would be handling my mortgage payments starting with the XXXX XXXX payment. My first contact from Shellpoint was via mail on XXXX XXXX. It was my XX/XX/XXXX statement, stating that my XX/XX/XXXX payment was overdue. With enough information to make a payment, on the first business day that my bank was open, XX/XX/XXXX, I went and set up online bill pay to Shellpoint, which was supposed to land on XX/XX/XXXX. I was just squeeking by to make the on time payment. My next contact from Shellpoint arrived on XX/XX/XXXX. It was a welcome to Shellpoint letter dated XX/XX/XXXX, along with the XX/XX/XXXX mtg bill! This seems calculated to put the mortgage holder in a delinquent position. I have written a " qualified written request '' letter to Shellpoint, referencing Section 6 under the RESPA, but want to advise government agencies of the poor practices that could result in other mortgage holders being considered delinquent. Regards, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 11238
Submitted Via: Web
Date Sent: 2015-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-22
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a mortgage with ShellPoint Servicing and it has PMI. Now that the house prices have gone up, i requested them for PMI cancellation. They sent me a form to sign which also forced me to sign for appraisal at my cost. After all these, now, they say, the PMI can only be removed based on original Loan Amount, and not the current appraised value. My compaints, 1. They didnt tell me this earlier, 2. When they knew this, why did they ask me to sign for Appraisal, 3. they charged me for appraisal. 4. they dont give me the PMI requirements clearly in writing.
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers
State: CA
Zip: 95630
Submitted Via: Web
Date Sent: 2015-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I started looking for help with my mortgage in XXXX XXXX, I was assigned a HUD counselor thru NJ Citizen Action, XXXX XXXX, at that time I was eligible for the HomeKeeper Program thru the hardest hit fund. Due to this counselor being out of the office so much & everyone else in that office kept telling me she had to take care of it, this application was submitted close to end of program XXXX. Counselor away on a conference XXXX thru XXXX so received no updates on application & when I did get in touch in the XX/XX/XXXX she gave me the email, phone number & told me to call XXXX myself to see status. I emailed, immediately received a letter telling me that the application had been declined due to incomplete application submitted-XX/XX/XXXX tax return not file which it had been or so I thought I submitted it but somehow it was either never posted or never received but due to this being so late I could n't even rectify the situation & resubmit because the letter told me the determination was final no appeal process was available for that loan at that time. I kept watching website to see if they were excepting appeals finally XXXX XXXX I submitted appeal & after sending in more requested documents I received denial in XXXX of XXXX, reason for denial exactly as the first-incomplete application XXXX taxes not filed- no appeal- decision final. I wrote them & included return receipt from IRS that the taxes were received when I spoke with the director she told me the reason being was that my unemployment had run out before the limits of the program which was not so, this was calculated by the HUD counselor who assured me many times application was completely correct & within the guidelines of the program. So at that point I gave up on that program & started to work with Shellpoint Loan Servicing on a HAMP modification, HUD counselor never offered to help me with anything further. In XXXX XXXX I submitted every document they requested, kept getting letters asking for the same documents over again, kept submitting them, my negotiator was XXXX XXXX & every time I spoke with her I had to submit the same documents again. On XXXX XXXX, XXXX XXXX explained that I was denied the modification due to my debt to income ratio was 43.3/4 %, which I really did not understand, I never received anything from the bank explaining this or what I should do next. XXXX suggested that I should appeal & resubmit the application. I wrote bank requesting in writing the break down of the denial & I resubmitted the entire application all over again this time I had more income due to son moving home. XXXX XXXX is my negotiator & also very hard to establish contact with, I submitted entire package XXXX/XXXX/XXXX again document after document was requested numerous times last document requested on XXXX/XXXX/XXXX. I left numerous messages for XXXX XXXX from end of XXXX to present & still have not spoken with her, Online under modification status XXXX/XXXX/XXXX - Non-GSE Hamp not approved contact XXXX XXXX there may be other programs for which I am eligible. she returned my call on XXXX occ. 2 days after message was left & I was not available. On XXXX/XXXX/XXXX I received call from XXXX XXXX, negotiator, who informed me XXXX XXXX out of the office & will get back to me ASAP & after discussing my situation & reviewing everything she could not understand the denial, she wanted to review something that could help me, would get back to me shortly also would send copy of appraisal no response, no appraisal. sent cert. letter to bank for detailed explanation of denial, copy of appraisal, received XXXX/XXXX/XXXX still no response
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-21
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Mortgage company to shell point mortgage in the last two months they raised our payment which is a XXXX fixed. From XXXX to XXXX. All they do is is call and want my payment and canr tell me what this amazing outrageous new payment of XXXX is for all they tell me is escrow with no explanation. There are other issues it is a mess please help XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92040
Submitted Via: Web
Date Sent: 2015-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I believe that Shellpoint Mortgage Company has violated a code of ethics. They have collected overpayment from my mortgage payments and can not provide a specific answer as to where the funds have gone and why my balance remained the same despite catching up my payments. Also, they charged a fee of {$350.00} for a loan modification application which was not even reviewed due to supposed missing pieces of information. At no point was I made aware that there was a fee for applying for a modification. If I need loan assistance it seems underhanded to charge an excessive fee on top of what is already owed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 28081
Submitted Via: Web
Date Sent: 2015-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I successfully completed a home modification with this company in XX/XX/XXXX. They sent me a modification to be signed and notarized, to be returned to finalize the modification. When I received the modification, the payment was substantially more than what the trial payment was. I called them immediately as a payment was due, and told them I was sending the trial plan payment, and was told that they will not accept any payment other than what was in the modification and that I should call my account manager. I called no less than XXXX times to the account manager, never to receive a call back in 9 months regarding this issue. I continued to call to resolve this with their customer support and was still told they will not accept any payment other than what they wanted. With no response from the account manager, I wrote a letter to the company disputing the new payment and received a response in XX/XX/XXXX that this is the best they can do. I called several times regarding the refusal of the payments from XXXX, XXXX and XX/XX/XXXX and was told that this would be handled in the modification and that I needed to sign it, and the account manager is who I needed to talk to. I emphasized and they agreed that when I sign the contract I would be starting with a clean slate. With no returned call, believing what their customer support had told me, I signed the contract and returned it to them. As soon as they received the contract, I am now in arrears of {$2700.00} for XXXX payments, as they are saying they would never refuse a payment. I have called continuously to resolve this and never get to talk to the same person. Most of the calls I have made, I explain the issue again and they ( customer support ) agreed this should not have happened and will forward the issues. I have been hung up on, disconnected, and never a return call. As of XX/XX/XXXX when I signed the contract I have not missed a payment. I sent my XXXX payment in XXXX only to see they returned my check. I called to talk to my account manager right away with no response, and the person I talked to said I needed to talk to the Supervisor for XXXX XXXX loans. I called him 3 times and left messages with no response. I finally received a call from my account manager 3 days ago, after 9 months of no return calls and was told that his supervisor told him to call me. He told me I missed those payments and no one from their company would ever refuse a payment. I asked him why his company refused my XXXX payment and he told me that until I pay {$2700.00} they will not accept my mortgage payment. I then reminded him that he just told me his company would never refuse a payment. I told him that this {$2700.00} should have been included in the modification as it occurred before the contract was signed. I never disputed that I owed it, only that it was an issue before I signed the contract and should have been included. No one ever contacted me before I signed and told me this would not be included. I asked him directly as to why this was never brought up before I signed the contract, as I wanted a clean start and would never sign a contract only to be in arrears immediately. No answer for my question. Again he told me they will not accept a current mortgage payment until I pay {$2700.00} and this was the only way to " fix it ''. He just did what he said his company would never do. He says now I 'm 4 months behind ( 3 from before the contract was recorded and 1 from XX/XX/XXXX ) due to the fact they refused my recent payment. I told him this felt quite predatory as they slid this in after I signed the contract and he did n't respond. The conversation ended with no results other than a refused mortgage payment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WA
Zip: 99212
Submitted Via: Web
Date Sent: 2015-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Hello : I am contacting you with a copy of my email ( phone calls also made ) to my home loan service company XXXX Mortgage Servicing who has recently corrupted my class action law suit modified home loan agreement after taking it over from XXXX who got my loan from XXXX XXXX XXXX. My loan was modified per the settlement and up to date payment wise since XX/XX/XXXX and now suddenly this new company has altered my loan agreement by adding a self serving insurance product ( PMI ) funneling funds from my property tax escrow account set in up my loan payment agreement just for property tax. This unauthorized or advised PMI ( Property Mortgage Insurance ) product they 've added is causing a negative balance and disrupting the allocation of my online loan payments to this company and loan. I read that the practice is called loan padding and is rampant as of late even after the XX/XX/XXXX passing of the homeowners protection act. Can you please advise or assist me in seeking the right course of action as I am being run around by the company and building a negative balance even with making still my regular agreed payments. SincerelyXXXX XXXX XXXX XXXX XXXX, Florida XXXX : I called in and spoke to your customer service representative XXXX XXXX a week ago as well emailed you regarding the PMI mortgage insurance just added to my loan payment which your representative confirmed was an error since it was never part of my loan agreement and was never authorized. I advised I needed this corrected as its obstructing my mortgage agreement and payments and being taken out of my property tax escrow account. I had to make my regular monthly payment for XXXX made on XXXX XXXX online using the principal and escrow tabs as the scheduled total payment tab was still reflecting the erroneous amount. Now!! It looks like the monies where incorrectly disbursed, your still showing payment due for XXXX and I see monies from my property tax being scheduled for a premium payment disbursement to the unauthorized PMI insurance!! I am making screen shots should this not be resolved and I having to contact the district attorney 's office and legal representation along with the copies of my loan agreement which has NEVER had the PMI as part of it. I need your error corrected and my XXXX payment applied as per my agreement correctly. Loan:XXXXXXXX XXXX XXXX XXXX XXXX , Florida XXXX
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers
State: FL
Zip: 33015
Submitted Via: Web
Date Sent: 2015-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No