Date Received: 2023-06-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX, i started working with an agent to help me sell my home through a short sale. We started the process with Shellpoint when I was made aware that town consider this property condemned and had scheduled for the property to be demolished XX/XX/XXXX. The reason I fell behind i was going to renovate the property and when the construction began i was advised that there was asbestos all through out the house. I then tried filing a claim through my insurance and they denied the claims. I was getting quotes from several for asbestos removal and the cost was to much for me to cover on my own and the insurance company wasn't willing to cover any of the cost. I could no longer live in the home due to the asbestos so i had to go find somewhere to live. I couldn't cover both the mortgage and rent. I since have been seeking a resolution with no end results. The short process started and an appraisal was completed. The negotiator and me where trying to get the property value as time was of the essence as the town had given me a deadline to get this resolved with Shellpoint by XX/XX/XXXX. The negotiator was told that the property value was {$3800.00} for the land value. He kept giving the run around stating that he would contact the investor which is XXXX XXXX. Then they came back with with a suppose value $ XXXX for a property that has no structure. I then contact XXXX XXXX and had a case opened and they told me the same that there is nothing they can do that the value is the value and nothing can be done about it. So at the end of it all nothing got resolved. The town will be demolishing the in XXXX and those expense will be on me and the the investor which i do not have the funds to cover a large expense. I just want to be able to sell this property and move on with my life.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 106XX
Submitted Via: Web
Date Sent: 2023-06-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Had mortgage for over 20+ years ... .never paid late ... .always pay extra on prin ... ..now ... .starting getting calls during grace period ( XXXX ) ... .to make my payment because " you are late '' ... ... .what kind of XXXX is this???? Not happy!!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 23113
Submitted Via: Web
Date Sent: 2023-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-13
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am going through a very ugly divorce, my estranged husband joined a cult ( XXXX XXXX XXXX ). He filed a bogus lawsuit against XXXX, Newrez, the VA, etc... .I took over making the mortgage payments in XXXX when I discovered that he was not making the payments. I reached out to Newrez and was working with their legal team to help me protect myself and the mortgage. I was advised to place a security pin on the account so that he could not call in under me when I filed for divorce in XXXX. In XXXX the XXXX Police Department XXXX team removed XXXX from the house when an order of Protection was served against him. I have made every payment on time for the past few years since I took over the payments. I schedule my payments in advance due to my extensive travel schedule. I scheduled my XX/XX/XXXX payment in advance as I usually do, on XX/XX/XXXX, I received a call from Shellpoint mortgage stating that my payment was not made and I told her my payment was made back in XXXX. I looked on my bank account and did not see the money withdrawn. I went back on the website and the payment had been canceled. I immediately rescheduled the payment and spoke with another representative about what I could do to protect myself. I was advised that they could not stop him from accessing the loan account online because his name is on the loan. The part that hurt the most that Shellpoint would go months and months without reporting my positive payments but this one incident that I had no control over was reported immediately and it affected my credit score. I reached out to them and asked them to correct this as it was not my fault. I emailed them twice and called numerous times. I opened a dispute with the credit bureaus and nothing was done. I was told to schedule my payment the day I want it to come out, to keep him from canceling. I can't do that when i am overseas or traveling. I have tried refinancing but he would have to sign the documents. My attorney is back in court with a TPRO against my estranged husband as he has did this also with my bank account. I sent this over to Shellpoint Mortgage. The mark on my credit report will hurt me with trying to refinance as my credit has been affected. This is unfair to me as I make my payments and there is no way to help me against this man and the malicious things he is doing. I am asking for Shellpoint mortgage to remove the 30 day mark against my credit.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60048
Submitted Via: Web
Date Sent: 2023-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-13
Issue: Credit limit changed
Subissue:
Consumer Complaint: Back in XXXX I took out a small loan for {$4000.00} from XXXX XXXX XXXX XXXX in XXXX Pa. This loan was for some minor kitchen repairs. Now we are trying to see our home and there is a lien on t he property for {$19000.00}. XXXX apparently made it an open ended loan without our knowledge. We used and paid back {$4000.00}. I now have a closing date to sell the home on XX/XX/XXXX and I need a letter releasing that XXXX. My real estate agent had informed me that once XXXX went out of business, their loans went to XXXX Bank. From that bank it went to Shellpoint Financial and NOW is with NRZ Recovery Trust in XXXX South Carolina. I have contacted XXXX Bank and they have NO record of my loan. I called Shellpoint to request original documentation and have not gotten a response. Their customer service reps say there is no record of a loan there either. On XX/XX/XXXX I called NRZ asking for a letter to release the lien on my property. They CAN NOT find me in their system either. Bottom line is, I am NOT paying for a {$19000.00} lien that I did NOT borrow. According to a letter that I have from the title company, my loan was paid but was never documented as satisfied. This is an old loan. I was never made aware there was a lien until a month ago. This loan is not on my credit report either. And if I owed {$19000.00} why was there no attempt to contact me by the above listed companies? A foreclosure attempt was never made either. What i want to happen is this to be marked as satisfied and the {$19000.00} lien removed immediately from the property and court documents. Sincerely, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 170XX
Submitted Via: Web
Date Sent: 2023-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Shellpoint Mortgage Servicing has scheduled an illegal, fraudulent, and willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust of my property for XX/XX/XXXX, although I have not defaulted on my legal obligations. The servicer is the party in default and lacks the authority to invoke the power of sale. A mortgage loan is a contract with mutual obligations. The duty created by the DOT to make monthly payments is constructively conditioned on the creditor 's duty to accept and not hinder payments. The servicer actively prevented performance by violating the contract as per the FTC by overcharges not refunded, inducing skipped payments with false promises of improved loan terms, and refusing tender of the amount due. I was wrongly placed in default and the lack of authority to modify was concealed from me for two years. Their material failure to perform prevented the condition of my performance from becoming due as the constructive condition of exchange was not met. The servicer 's actions placed them in breach and their debt collection activities violate the FDCPA. FALSE OR MISLEADING REPRESENTATIONS A debt collector is prohibited under state and federal consumer law from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. 15 U.S.C. 1692e ( 2 ) ( A ) specifically prohibits the false representations of the character, amount, or legal status of any debt. 15 U.S.C. 1692e ( 10 ), prohibits using false representations or deceptive means to collect or attempt to collect any debt. Shellpoint Mortgage Servicing has filed a document in XXXX XXXX records characterized as a notice of sale ( NOS ) which contains numerous misrepresentations in connection with attempting to collect a debt. The NOS represents by implication that they have complied with their legal and contractual obligations and are acting within the scope of their authority under the DOT and civil code. The NOS expressly represents that I have defaulted on my legal obligations. These representations are false. The servicer has materially failed to perform and lacks the authority to file an NOS under the DOT or California law. The recorded document is instead a debt collection notice and subject to the FDCPA. The NOS misrepresents the debt as a figure inflated by interest, charges, and fees not authorized by the loan contract or by Applicable Law and thus in violation of 15 U.S.C. 1692c ( 2 ) ( A ) which prohibits, " The false representation of the character, amount, or legal status of any debt. '' The representations set forth in NOS are false or misleading and constitute a deceptive act or practice. UNFAIR PRACTICES A debt collector is prohibited under state and federal consumer law from engaging in any unfair act or practice in connection with the collection of a debt. The servicer 's failure to perform defeated the purpose of the contract : the repayment of the borrowed funds. I was deprived of my reasonably expected benefits and caused substantial financial injury. Instead of applying my funds to decrease the loan balance those funds had to be used to prevent a wrongful foreclosure and the cost far exceeds monthly payments. Meanwhile, the servicer has increased the debt with high interest, charges and fees not authorized by the DOT or Applicable Law. The amount demanded by the debt collection notice is in dispute, unsubstantiated, and in violation of 15 U.S.C. 1692f which prohibits, " The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. '' Please see attached dispute of debt letter. It is unfair for a debt collector to frustrate the purpose of the contract by actively preventing a borrower from making payments. It's unfair for a debt collector to use fraudulent means to interfere with a borrower 's performance and use that to inflate the debt. This conduct has caused and will continue to cause substantial injury. Because of the imbalance of power, substantial injury can't be avoided. In my efforts to resolve this with the servicer, I've provided sworn testimony to their breach and the consequent financial injury. The cost of preventing a wrongful foreclosure has far exceeded the total payments their breach prevented. Meanwhile, charges, fees, and interest inflated the loan balance by {$200000.00} over than it would have been if they'd performed. This is an amount to which they are not entitled and is in dispute. " If XXXX XXXX wrongfully placed XXXX 's loan in foreclosure, as XXXX alleges, then it had no right to demand payment of additional fees and interest to reinstate the loan. XXXX XXXX could not take advantage of its own wrong. ( Civ. Code, 3517. ) '' Ragland v. US Bank National Assn., 209 Cal. App. 4th 182, 147 Cal. Rptr. 3d 41 ( Ct. App. 2012 ). In order for contract performance to resume it was necessary for the servicer to cure their material failure to perform by removing those amounts not authorized by the loan contract or Applicable Law to which they are not entitled. But they refused and instead offered a modification that included those amounts upon which they would earn interest on their own wrongdoing. It was a take-it-of-leave-it offer with the implicit threat of foreclosure. It's unfair for a debt collector to use their superior bargaining power to try to increase their profit by causing financial injury to a consumer. They are leveraging the disparity of bargaining power and trying to avoid their own liability for contract damages. When the servicer refused to cure their material failure to perform that constituted a total breach of contract, see Restatement Second of Contracts 241. When they instead offered the modification that constituted a repudiation under 253 as a refusal to perform. Individually or together this resulted in a failure of consideration. HARASSMENT AND ABUSE A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse. 15 U.S.C. 1692e ( 5 ) specifically prohibits the threat to take any action that can not legally be taken or that is not intended to be taken. The servicer is threatening to take nonjudicial action to effect the dispossession of property when there is no present right to the possession of the property claimed as collateral through an enforceable security interest in violation of 15 U.S.C. 1692f ( 6 ) ( A ). The servicer lacks the authority to foreclose under the DOT because their willful failure to perform and refusal to cure has resulted in a failure of consideration. While the debt still exists there is no longer an enforceable security interest. They are now using the threat of a foreclosure sale as leverage to avoid their own liability for contract damages and to intimidate. Instead of negotiating fairly, the threat is being used so that I will agree to let them benefit from their own wrongdoing at my expense. They are abusing their position with the power to affect my material interests and using the power of sale in an unlawful and coercive manner to extract money from a consumer. The NOS demands payment of an unsubstantiated debt, an amount in dispute and far above the actual debt. If that amount is not paid by XX/XX/XXXX they threaten to sell my home. While this can't be done lawfully and even though they must be aware that following through would result in a wrongful foreclosure lawsuit it is still a viable threat and a formidable means of persuasion. The servicer is weaponizing the power of sale to use in erroneous debt collection. The method employed is similar to one used by XXXX organizations : the mock execution. The victim is told of their impending death but at the last moment, the execution is canceled. The anticipation of pain and loss is effective in intimidation and subjugation. It is considered psychological torture it causes feelings of terror, grief, fright, and despair and is widely condemned by civilized nations and XXXX XXXX. Similarly, the servicer schedules a sale of my home of 33 years and then cancels just hours or even minutes beforehand. This is deliberate conduct intended to inflict pain. The servicer has subjected me to this barbaric coercion a couple of dozen times. It is intended to cause psychological trauma, its natural consequence is to harass, oppress, and abuse in connection with the collection of a debt. Its foreseeable consequence given the severity, frequency, and repetition is psychological harm, foreseeably it may cause physical damage as well. It is also possible for the damage to be permanent. The severe stress induced by this unlawful practice XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. This is painful, has limited my mobility and is worsening. The servicer is aware of the injury caused by their wrongful debt collection practices but persists. They are threatening to do something they can not legally do and that will cause me irreparable harm unless I give them money to which they are not entitled. It is attempted extortion. The non-judicial foreclosure system is intended to be a means of facilitating the transfer of title for delinquent borrowers. It is not intended to be used to inflict psychological torment on consumers in wrongful debt collection. For federally regulated entities to employ these terrorist-style tactics in debt collection is outrageous. It is abusive for a debt collector to use deceptive, unfair, and unlawful means to cause a consumer financial, emotional, and physical injury in connection with the collection of a debt. They are leveraging these circumstances to take unreasonable advantage of the unequal bargaining power and my inability to adequately protect my interests. This constitutes abusive conduct under Consumer Financial Protection Bureau, Policy Statement on Abusive Acts or Practices XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX It is impossible to fulfill a mortgage loan contract if the servicer chooses to withhold their cooperation. Unfortunately, failing to cooperate can be very profitable with a high-interest rate loan and equity in a desirable location. It's easily done, borrowers rarely fight back and there are no consequences. The utility of a bilateral contract is that both parties perform to avoid the loss of the expected benefit. This balance is lost altogether if the stronger party benefits even more from non-performance and this places consumers at risk.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 954XX
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX I received a notice that my loan had been transferred to a new servicer as of XX/XX/2020 from XXXX XXXX to ShellPoint. On XX/XX/XXXX I paid my original servicer the full amount due which was {$600.00} making my account current for the XX/XX/2020 payment and my next due payment would be XX/XX/2020. ' The new loan servicer ShellPoint started calling me advising I had late fees and was delinquent on my XX/XX/2020 payment. Through several calls they were unable to provide me any details saying all they know is I owe a late payment and that I still need to pay my XX/XX/2020 payment. I asked them to research this to which they said it has to go to another department. What I was eventually told was that I had to go back to my previous servicer and get any information to prove that I paid them prior to the account being transferred and that was not the new servicer job. Repeated calls requesting a supervisor, no resolution. I get calls saying I still owed XXXX for weeks. I paid my XXXX and XXXX payment and was then told I still owe XX/XX/2020 because when I paid they applied my payment to XX/XX/2020 and XX/XX/2020. I have been going round and round with shellpoint. When they call I have no asked to have them turn the recorder off as I live in California and its a 2 party consent state and they say they cant. At first they asked me to hang up and I said I would just wait. They know just disconnect the call and call back the next day or same day. This kind of behavior has to happen often with these servicers that take over loans and then put it on the consumer to prove that they dont actually owe the money to them. Every statement they have sent me is incorrect, ever phone call they make incorrect states about debt I do not owe. I honestly thought they may finally call my previous servicer to clear this up but was told they dont do that because its hard to find my account. Its silly. There has to be endless other people that get caught up in this and end up spending their time proving they dont owe a debt and or just pay it. I myself have found the email showing I made a payment prior to the account being transfereed which I have not sent to Shellpoint because I think this is ridiculous. Shellpoint has no marked me as having a late payment on my credit report and my score has dropped.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90720
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I filed bankruptcy and want to affirm the note but Shellpoint will not respond to me or my attorney. I tried to call the bankruptcy division as suggested by XXXX XXXX and there was no bankruptcy division. The phone just made circular suggestions and kept sending me back to the main number.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 78664
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-09
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Per the FCRA, as a federally protected consumer, I am now opting out of any and all authorizations, I the consumer may have given you written, unwritten, verbal, and nonverbal, per 15 USC 1602 effective immediately. The privacy act of 1974 explains that it is illegal to report transaction history. Not to mention as you can see from the attached snippet the account is paid off. The information reflecting on my credit is not accurate. It should be {$0.00}. This has affected my mental health greatly, especially since my utilization is high, other businesses would not work with me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: LA
Zip: 704XX
Submitted Via: Web
Date Sent: 2023-06-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: After multiple times of resending copies of the same paperwork in XX/XX/XXXX I I excepted a loan modification with Newrez loancare. I made my XXXX and XXXX payment and then when I went to go make my last payment for the loan modification in XX/XX/XXXX I was told they had canceled my modification. I didnt understand why I asked him multiple times they told me that it was my fault when I explain to them that theres absolutely not XXXX thing that I have done wrong. I have done everything right and I also making my payments even before I started a long modification I was making my payments from XXXX on XX/XX/XXXX. I received a phone call from A representative from loss mitigation XXXX ex XXXX. She had explained to me that they had made a mistake on my modification, but dont worry about it. Its OK theyre going to give me a new loan modification. I asked them why what was the mistake? She did not tell me she just kept telling me not to worry about it. I asked her. I asked if it was their mistake why do I need a new modification I just cant make my last payment? She told me that they have to give me a new one. She offered me a new modification. this modification was different. It was a flex modification with no BPR. I asked her how do I accept it? She told me that I can deal with her over the phone. My first payment for XX/XX/XXXX. at this time my loan was being transferred to Newrez Shellpoint Mortgage company. I asked XXXX I said is this going to be an issue for me now will they still honor the loan modification if I get transferred in between she said absolutely theres have to order the modification. Its not gon na be a big deal. Just make your first payment with them and Ill be all set, I I asked one more time if she was positive because Ive been going through this process for a long time and I can not lose me and my children home.? she said absolutely. I accepted it with her over the. I am now with Shellpoint Mortgage company. I made my first XXXX payments and completed my loan modification with them. They had told me that they can not honor it because XXXX did not give them all of the paperwork which was the assumption that they needed because I am on the deed but not the mortgage and my fiancee was deceased and he was the borrower. She explained that I would have to start a new modification process so I did. I got a letter in the mail stating that my home is now In foreclosure. I was extremely upset because this is my home with my children and this is our home with their father before he passed. My point of contact told me it's on hold because I'm in modification process. I still dont understand why because I have been doing everything right and since I was notification, I dont know why that it was already in foreclosure especially because I was willing to make the payment still not explained I didnt XXXX na lose my house I do not wan na lose it I am I have proven twice and was paying before the modification starte. paying the mortgage which I have proven twice and was paying before the modification started In this time I had gone back-and-forth with Shellpoint and Loancare trying to figure out what had happened and when I spoke with Loancare, they kept telling me that they have to accept the loan modification that they do not need an assumption. It's now XX/XX/XXXX. I just saw that my loan modification and just figured out last weeklast week that when I called up my mortgage company, Shellpoint again, and I tried to speak with somebody different than my point of contact to see maybe if they can figure out what had gone wrong with my first XXXX modifications A gentleman had looked into it, it took him XXXX minutes and found out that XXXX had started me in the XXXX modification without getting assumption approval through Fannie Mae. Then before getting the assumption again started me in the new flex modification and then transferred the loan. He saw that they got denied after transferring loan because I was no longer with their company and they had already transferredto Shellpoint. After all these months, and this time it took me to have to talk to so many different people just to get XXXX person to actually look that up for me. Both these companies are horrible! after all these months, and this time it took me to have to talk to so many different people just to get XXXX person to actually look that up for me. Not anyone at loancare no my point of contact even made an effort to look into the situation. They just spoke to me like I was crazy. This is absolutely absurd. Now my home is in foreclosure, and after losing my fianc and my children losing their father the last thing I need to do is lose our home over a mistake, because the representatives at both companies are too lazy and careless to even figure out what the issue was for me and XXXX in foreclosure
Company Response: Company believes it acted appropriately as authorized by contract or law
State: RI
Zip: 02864
Submitted Via: Web
Date Sent: 2023-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: this is not the 6th complaint as shellpoint continues to keep playing XXXX. XXXX was paid to shellpoint 3 times in XXXX of XXXX. When Shellpoint received funds from HAF a year later from the state of maryland. They applied montly mortgage payments to the 3 months that already were paid XXXX times 3. So double payments XXXX. Shellpoint needs to credit the XXXX times 3 as payments the account fo rany current monthly payment due this year. XXXX. Stae of Maryland has rules that the mortgage balance is brought fully current with Shellpoint when the last payment was received and processed by Shellpoint. As this was 4th week of XX/XX/XXXX, Shellpoint was required to state that the mortgae is now reinstated AND CURRENT. But shellpoint attempted to claim both XXXX and XX/XX/XXXX payments are outstanding. We are contacting the State of Maryland 's Attorney General and other mortgage financial regulation divisions plus the Manager of the HAF program as Shellpoint has refused to abide by their agreement. Shellpoint has also failed to send out a mortgage reinstatment letter after numerous requests. XXXX. Shellpoint also has failed to list MONTHLY payments made when they used the HAF funds from the Govt for my mortgage. By law they need to list EACH month, not just several months at a time. XXXX. Shellpoint sent me a demand for nearly 8 thousand dollars in XXXX which is completely wrong number by thousands of dollars. These items all need to be addressed PLUS the raise in monthly mortgage payments when they promised state of maryland to lower them
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20901
Submitted Via: Web
Date Sent: 2023-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A