Date Received: 2023-08-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My insurance claim check which followed my New Rez mortgage was transferred to New Rez Shellpoint starting XXXX. The final check due to me XX/XX/XXXX was not sent but transferred to Shellpoint which I have received no written or electronic information on how to contact their claims check process. I called the company yesterday morning XXXX, was placed on hold for 20 minutes and hours later received an illegible voice message. I called back twice today and was put on hold upwards of 20 minutes each time after being transferred several times to unknowledgeable representatives who first told me there was no record of the funds and then that is was under a different servicer. Finally I was told the final payment of {$11000.00} would not be paid for 45 days and this is standard for new loans. ( My loan is not new - it is existing which was transferred to a renamed company ).
Company Response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
State: TX
Zip: 75022
Submitted Via: Web
Date Sent: 2023-08-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-09
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: The case at hand presents a distressing pattern of misconduct and deception by the bank, as it undertook a fraudulent foreclosure against the Florida estate representatives for a New York property, disregarding my rightful ownership and succession as the individual owner. This ordeal began when I faced financial hardships due to hurricane damage, and despite my efforts to seek the bank 's endorsement of the insurance damage claim funds to carry out repairs, the bank refused and questioned my rights to both the property and the claim funds. This decision left the property repairs and ownership in limbo, causing confusion and uncertainty. Throughout the proceedings, the bank has consistently violated my rights, misled the court, and made deceptive claims to obstruct fair negotiations. Despite diligently executing valid assumption documents upon the bank 's request, they failed to process the assumption promptly and proceeded with foreclosure against the Florida estate representatives. This dual tracking not only misled and confused all parties involved but also violated fair negotiation practices, RESPA, and other applicable laws. Their actions go beyond mere negligence ; they reveal a calculated attempt to deprive me of my property rights and manipulate the legal system to achieve their goals unlawfully. This has undermined the integrity of the foreclosure process and cast serious doubts on the legitimacy of the bank 's foreclosure proceedings. Given the gravity of the situation and the bank 's repeated violations, it is crucial for me to seek immediate legal counsel to protect my rights and assert my claim as the rightful owner. I may be entitled to remedies such as voiding the fraudulent foreclosure judgment, damages for violations of my rights, and appropriate sanctions against the bank for their misconduct. Furthermore, I must emphasize that I diligently notified the bank immediately after the passing of XXXX, providing them with the Will that clearly identifies me as the devisee and successor in interest, along with a formal request to take over the loan. However, despite my proactive efforts to comply with their procedures, the bank inexplicably failed to process the necessary successor-in-interest documents, leaving the property 's ownership and loan status in a state of uncertainty. Additionally, when the hurricane damage occurred, it introduced a new issue that further complicated matters, putting the property in limbo and exacerbating the existing complexities. At this point, it became evident that the bank 's violations began long before the foreclosure proceedings. Their reluctance to recognize me as the rightful successor in interest and their refusal to endorse the insurance damage claim funds caused unnecessary hardships, even though I continued to make payments despite their inaction. The situation raises serious concerns about the bank 's compliance with RESPA laws concerning successors in interest. RESPA explicitly requires servicers to respond promptly and appropriately to borrowers ' requests, including those related to successor-in-interest documentation. Yet, the bank 's failure to act expeditiously upon receiving my notification and valid documents only compounded their misconduct. Given the bank 's long-standing violations, it is evident that my rights were significantly impacted long before the foreclosure proceedings. Their misleading actions, fraudulent foreclosure, and attempt to deprive me of my property rights are reprehensible and warrant immediate legal action to protect my interests. In conclusion, this case reveals a distressing pattern of misconduct by the bank, starting from the moment I notified them of my rightful succession and continuing throughout the foreclosure proceedings. Their repeated violations of RESPA laws concerning successors in interest and their refusal to recognize me as the rightful owner of the property are deeply troubling. My diligent efforts to comply with their procedures were met with negligence and deception, jeopardizing my property rights. In light of the egregious conduct displayed by the bank, I seek your support and intervention to bring attention to this injustice. How could such blatant violations of my rights and misleading actions be allowed to persist? As I fight not only for my homestead but also for my rights, I urge you to address this matter urgently and take the necessary steps to ensure justice prevails. Attachment : List of Specific Concerns for Investigation 1 ) Clarify the court 's acknowledgment of XXXX XXXX 's undisputed ownership of the property and the subsequent denial of the motion to include XXXX XXXX as a necessary party in the foreclosure proceedings. 2 ) Investigate the contradictions surrounding the court 's decision to pursue legal action against estate representatives who lack ownership rights while recognizing XXXX XXXX 's ownership of the property. 3 ) Examine the implications of allowing foreclosure proceedings to continue under a judgment based on an estate that lacks ownership and authority over XXXX XXXX 's property. 4 ) Assess the potential violation of federal law, specifically the Garn-St. Germain Act, in light of the bank 's refusal to acknowledge certain assumptions by successors in interest. 5 ) Investigate the practice of dual tracking, wherein foreclosure proceedings and loan modification discussions occur simultaneously, potentially violating fair negotiation practices mandated by the Real Estate Settlement Procedures Act ( RESPA ). 6 ) Examine the issue of subject matter jurisdiction, particularly the court 's jurisdiction over the Florida estate and the representatives ' authority outside the Florida jurisdiction concerning the New York property. 7 ) Investigate the bank 's willful neglect to join XXXX XXXX as a necessary party in the proceedings despite being aware of XXXX XXXX 's ownership interest and position as the successor in interest. 8 ) Assess the limitations on a deficiency judgment, considering the absence of personal liability for XXXX XXXX, who was not named in the mortgage contract. 9 ) Investigate the request to account for insurance proceeds received from XXXX XXXX after property damage, and the bank 's failure to provide an accounting of these funds. 10 ) Investigate the ethical implications of all parties involved standing by while being aware of XXXX XXXX 's ownership, yet allowing the foreclosure proceedings to continue. Examine the ethicality of drafting a judgment for the Florida estate, which lacks ownership and authorization over XXXX XXXX 's New York property. This additional point highlights the ethical concerns surrounding the case and the potential harm that could result from allowing the foreclosure proceedings to proceed without addressing XXXX XXXX 's ownership. It emphasizes the need for a thorough investigation into the ethical considerations of all parties involved in this matter. Sincerely, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 119XX
Submitted Via: Web
Date Sent: 2023-08-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I reached out to Shellpoint Mortgage on XX/XX/XXXX when my mortgage was only 21 days past due. I spoke with a representative who submitted a 3 month forbearance that only required a verbal request from me ( no paperwork needed ). She stated that a decision would be made in 48 hours. I never heard back so I called again on XX/XX/XXXX. The new rep said that he didnt see a forbearance request so he will submit a new request and again to call back in 48 hours to see if a decision has been made. I called a week later, around XX/XX/XXXX. A new rep said that they mailed out a packet for loss mitigation that needed to be completed and I would hear from XXXX in the loss mitigation department. I never heard from anyone so I returned the packet on XX/XX/XXXX. I called on XX/XX/XXXX to see if they received the packet and they explained they would need income documentation and a new packet filled out. At this point I believe the mortgage company is giving me the run around, they will not return my calls or make a decision regarding my forbearance request, causing me to get further behind ( now due for 3 months ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NC
Zip: 284XX
Submitted Via: Web
Date Sent: 2023-08-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I paid my mortgage off on XXXX. I sent a check to the address I was provided and the check was cashed on XXXX. The address I was told to mail the check to was Shellpoint Mortgage Payment Processing XXXX XXXX XXXX XXXX XXXX XXXX SC XXXXThe check has been cashed.The payment has not been applied to my account. The mortgage company is Shellpoint Mortgage. Their phone number is XXXX. I have called them everyday requesting to know why the payment has not posted to my account ( # XXXX ) nobody has any answers for me. My account still shows a balance and that I have a payment due XX/XX/2023.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 48340
Submitted Via: Web
Date Sent: 2023-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: they purchased my mortgage from another company, they then placed a an lien holder insurance on it to doubled my mortgage. so when i saw i was being told to pay double i find out they want me to send them my insurance information which they should have gotten from the previous lien holder. now they wont take it off for a year.. the insurance also is for a condo... not my personal insurance. Shellpoint ( newrez ) is shady...
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AL
Zip: 35209
Submitted Via: Web
Date Sent: 2023-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan was transferred to NewRez, LLC aka Shellpoint. For two months now Ive had to go thru their chat function to make my payment. Even though there is a grace period until the XXXX of the month, if you dont pay your mortgage before the XXXX you cant make a payment online. They havent made my home insurance payment yet. The reviews and complaints on this company are insane. I can not believe that no one has looked into them yet. I contacted the President via XXXX on XXXX advising him of such and begging him to look into this. I cant find out if theyve paid my home owners insurance. Theres no way to talk to them it seems except thru chat of which they want me to put personal information such as social, address, etc. I also have an open case with the XXXX XXXX XXXX. If you try to schedule your payment more than once it locks your account out for 24 hours. My XXXX case is : XXXX Reviews and complaints from a XXXX search for reference : XXXX XXXX XXXXXXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94565
Submitted Via: Web
Date Sent: 2023-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Shellpoint Mortgage Servicing sent me a first notice of default, filed on XX/XX/. The notice states that I failed to make my mortgage payments of {$2300.00} for the months of XXXX, XXXX, XXXX, XXXX, and XXXX XXXX XXXX totaling the amount to {$11000.00}. I was very skeptical about the amounts and months they stated I missed, but because I had 10 days to pay this amount, I didn't have time to look deeply into the amount they stated I owed. I had 10 days from XX/XX/XXXX XXXX which was XX/XX/, to cure the default. I sent a payment in the amount of {$11000.00} to Shellpoint Mortgage Servicing and they received it on XX/XX/, curing the default. My lawyer spoke with me on XX/XX/, and informed me that she received a package from Shellpoint Mortgage Servicing dated for XX/XX/, that states " As of the date of this letter, your account is 3 payments past due, total amount of past due payments : {$6900.00}. '' My lawyer informed me that this is very strange because she received the Withdrawal Notice of Default and 3 days later, received a letter stating that I am 3 months behind. '' She informed me that this is not uncommon for Shellpoint Mortgage Servicing as they tend to add unexplained hidden fees. Explain to me how you all received {$11000.00} on XX/XX/XXXX XXXX XXXX curing the Default to now 26 days later I am 3 months behind owing {$6900.00} all in the month of XXXX. After speaking with my lawyer, this is when I knew that Shellpoint Mortgaging Services was doing Fraudulent activity. I also checked my online statement dated XXXXXXXX XXXX and it states that the total past due is {$8800.00} in which you have included unexplained fraudulent legal fees for {$1900.00}. I have sent my XX/XX/ XXXX Payment in the amount of {$2300.00} and I only owe for the month of XXXX. Even if you were to " hypothetically '' state that I am behind for XXXX and XXXX, the fact of the matter is that none of these numbers are adding up to my actual mortgage payment which is why I know Shellpoint Mortgage Servicing is conducting fraud. These notices and false claims are very concerning. After looking up the reviews and negative complaints along with several lawsuit settlements from Shellpoint Mortgage Servicing addressing this same issue, I am very disappointed, and furious that my mortgage was transferred to this company. I am requesting that Shellpoint Mortgage Servicing sends me a copy of all my payments that I have made since my mortgage was transferred from XXXX XXXX XXXX. I am also requesting a breakdown of the unexplained legal fee that was added to my XX/XX/, invoice, and a breakdown of all the unexplained fees that Shellpoint Mortgage Servicing has added to my previous invoices. Enclosed I will be adding documentation.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 21229
Submitted Via: Web
Date Sent: 2023-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I received a notice prior to foreclosure from Shellpoint Mortgage Servicing, dated XX/XX/XXXX. The notice states I am two payments behind, each approximately $ XXXXThere is also a " XXXX XXXX XXXX '' of {$3200.00} on the notice. This charge does not appear elsewhere on my statement, and Shellpoint has failed to provide a written explanation of this charge despite multiple requests. Furthermore, this is a VA loan, and foreclosure is not allowed to begin until the loan is 90 days past due. According to my most recent statement from Shellpoint, I am not 90 days past due. When I was granted a deferral from Shellpoint they did not send me any sort of confirmation paperwork. This lapse in communication is why I missed those payments. Since the loan is less than 90 days past due, I wish to discuss a payment plan to resolve those two payments. However, I dispute the {$3200.00} " XXXX XXXX XXXX ''. Shellpoint has also failed to send the required loss mitigation packet, for a VA loan that would be the loss mitigation packet specific to VA backed mortgages. I have also requested reasonable XXXX accommodations from Shellpoint, in that any communication regarding this loan be in writing. On XXXX XXXX XXXX I requested via email to XXXX XXXX, the XXXX person assigned to my loan that communication be via email, and that Shellpoint suspend calls. This request was also made verbally several times both before and after. This request was not honored by Shellpoint, and they have continued to place calls to my personal phone as recently as XX/XX/XXXX. The correspondence I have received from Shellpoint says that I will need to call their number, which is not feasible, and they have provided none of the accommodations requested. Despite the previous foreclosure being withdrawn, Shellpoint is still reporting to the public that my home may be a distressed property. This has drawn unwanted attention from several people, one of whom, who gave his name as " XXXX '' and said he was working " for the mortgage company '' showed up on my porch and refused to leave when asked. He was very belligerent, and threatened to break down my door and XXXX XXXX me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80910
Submitted Via: Web
Date Sent: 2023-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-06
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: The issue is with Shellpoint Mortgage Servicing reporting me in error 30-60-90 days late. When in fact I made all the payments they requested. During the Covid 19 pandemic I chose to put my mortgage in forbearance since non of knew what the future would be. It was my understanding that the mortgage would be put on hold and when things were back to normal, they would put the loan obligations on the back end of the mortgage afterwards I would resume regular payments. Or find some other arrangement. I called Shellpoint Mortgage, They where not very helpful or did not know what to do. I was told to go on line and fill out a form to get out of forbearance in order to renew my mortgage.I tried to explain to them that all I wanted was to put the missed forbearance payments at the end of my mortgage and start making my regular payment., I was told a gain to go online which I did. They then told me me to make payments of {$1000.00}, which i did. It is a little less than my usual payment of {$1200.00}. It is a couple XXXX less than my normal payment which I offered to pay. I nor the Newrez person seemed to understand. I thought it my have something to do with my escrow account ( taxes an insurance ) Thats fine and dandy, I make ALL of the payment on time every time as I have for XXXX years without missing a mortgage payment. I have a copy of my check registry to show I faithfully made the payments. ON TIME! This issue is really messing up my life. My credit score dropped substantially preventing me from getting favorable rates on a HELOC or restructuring my credit cards, as the balance has increased due to poor cash flow from COVID 19. I just dont see where I went wrong. I followed their instructions to a T. I thought we could put our mortgages in forbearance without penalties or consequences. Doesnt the CARES act protect me from not suffering harm to my credit rating during the period that I received the accommodation?? I did as I was told and and made the payments for a lesser amount for 3 months, even though I had No problem making my payment for the original amount. I have copies of the debit transactions showing I made ALL payments on time.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: AZ
Zip: 85202
Submitted Via: Web
Date Sent: 2023-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am writing regarding NewRez ' response to my recent complaint # XXXX. Unfortunately, the situation with NewRez further devolved even after my complaint was submitted to CFPB, indicating wanton carelessness, which unfortunately was completely expected. Furthermore, NewRez chose not to address their poor user experience design in their response, which is a critical gap for a mortgage servicing company. This continues beyond the glitch I described in my original complaint. ( That issue with poor website design NewRez unfortunately but expectedly blamed on user error rather than poor user experience design, the true culprit. It was completely unhelpful in their response when they indicated I needed to hit " continue '' for the information to save. In fact, I did hit " continue '', and the information was not saved. Hence, we have my request to them to fix their glitchy website. ) These glitches continue. As of today, on XX/XX/XXXX, when I went to NewRez ' website, the site indicated my recurring payments were set up with my XXXX account and the next payment is to be debited on XX/XX/XXXX. However, NewRez also sent me a letter dated XX/XX/XXXX, which stated my autodraft payments had been canceled because " your financial institution was unable to locate your bank account ''. Hence, we have a website that contradicts a mailed letter and their own customer service representative ( on a call dated XX/XX/XXXX ). To pre-empt NewRez from blaming this on the bank updates I just completed, please note I have multiple screenshots across several days indicating this contradiction. NewRez ' customer service representative also indicated on XX/XX/XXXX that she would submit this part of my complaint to the internal system. Yet, here we are on XXXX, and the problem persists. I'm concerned how much this feels like fee entrapment whereby NewRez intentionally causes confusion in the hopes of collecting more fees. Hence, I continually question how pervasive these issues are with this company and other consumers. A brief review of NewRez ' XXXX profile indicates that many, many other consumers are also struggling with their business model. Furthermore, I wanted to highlight the poor delivery of customer service throughout this process. When I called on XX/XX/XXXX, I discussed with the customer service representative XXXX XXXX XXXX that the online payment on XX/XX/XXXX did not work because the request was mistakenly sent to XXXX, a long inactive account. However, during a call on XX/XX/XXXX, they contradict themselves and indicate it was the XXXX account that the bank couldn't find for the attempted payment on XX/XX/XXXX. In the response to my complaint, they contradict themselves again and say it was a form error on the website. On XX/XX/XXXX, I was also told that the reason my recurring payments were cancelled was because " the accounts didn't match up '', meaning since I paid via phone on XX/XX/XXXX with a different account, that the recurring debits were cancelled. Since this made very little sense, I continually challenged this and requested more information. Unfortunately, NewRez ' customer service representative did not maintain professionalism and began to take my attempts to extract accurate information about the mortgage on my home as personal attacks on her. This should not happen ever again. It very much feels like NewRez trains their customer service representative in antagonistic and aggressive tactics, much like a debt collector, which I suppose they are. If given the opportunity, I would very much like to sever my business relationship with NewRez. Unfortunately, my loan was sold without my say or consent. Since the consumer is forced into this business relationship, the company should at least be required to maintain professionalism and give accurate information about the status of the mortgage at every interaction, whether on the phone or website. When NewRez does this, my complaint will be resolved. Until this happens, I will proceed to reopen new complaints until this is in fact resolved to my satisfaction. Also, I'll point out that my original request was to have all fees assessed in XXXX refunded given the grave inconveniences, issues, and inaccuracies I've experienced throughout this process. NewRez has chosen not to do this and has decided to keep an additional {$50.00} beyond my mortgage. I think it's important to note the greed ever present in these interactions.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 22310
Submitted Via: Web
Date Sent: 2023-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A