Consumer complaint received 2023-10-11
Company: Shellpoint Partners, LLC
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Payment process

Complaint:
I was completely taken to the cleaners by my lender- see my other complaint. 
Now the servicer of my loan does not apply my payments correctly. 

What happened is that I have a XXXX XXXX Checking from my husband being a XXXX Veteran. We moved to XXXX, but here there is no XXXX XXXX XXXX. This requires that we pay our mortgage sometimes using two different accounts for part of the full monthly payment. 

4 different times we paid the full amount, using to different accounts, and because neither was a " full payment '' the payments were unapplied. This happened over and over in XXXX and during Covid, and after Covid ended I got a letter that said we were behind 3 payments and our loan was being moved to the foreclosure department. I've argued with Shellpoint for years about the payments and finally recently, I created an XXXX sheet showing Shellpoints own Loan Payment History for my loan. Then one by one I found the payments I made, recorded the account the payment was made from along with the check number. What I found was alarming. 

Over and Over they accepted our payments, which we were only able to process with the help of a ShellpointMTG operator, and each time we paid using two accounts, the operator would tell us that she would " bind '' them together as a full payment. 
That was never done. 

Another payment we made with two different accounts was in XX/XX/XXXX. I made a payment for XXXX, and my husband made a payment for XXXX, totalling our full monthly payment of {$5000.00}. My payment was " unapplied '' and my husband payment was never returned to him and doesn't appear in my payment history. Again, each time we paid our mortgage payment using two different accounts, we had to do it through an operator at Shellpoint Mortgage. So there is no reason that all of these payments were left unapplied and not allocated to our loan. 

When I called to confirm the receipt of my emails to both loanservicing @ and lossmitigation @ shellpointmtg, I received a letter that said they were looking into my claims. But the lady who answered said that my account has only {$68.00} that has not be applied or paid out. 

I want a full accounting and I want all my fees, late charges, etc, refunded to me. 

I received a letter about my loan going into foreclosure and when I called I was told that I could disregard that letter by a XXXX XXXX, who answered in the Loss Mitigation area of Shellpoint Mortgage. 

I still want to know how I go after my lender, who has changed companies to avoid any responsiblity for this nightmare loan he put me in. 

I started with him with a XXXX XXXX XXXX and XXXX or so to put down. He miss lead me from the start, telling me that he could get me a " high-balance conforming Loan '' So I put down almost everything I got out of the sell of my home in CA, to purchase my new home. He said once " We '' close on the conventional loan, " we '' can take {$100000.00} out of your equity as a HELOC and you can do your renovations that are needed. 

After we closed he said, Oh, I don't do HELOC 's you'll have to find a bank to assist you. Well, when I when looking for a HELCO I didn't qualify because I'd just bought a XXXX home. So we owned a heap with no money to do renovations. We lived in a dump with XXXX XXXX  until the same lender said he found us a loan, a cash out refinance to pull out some of our money. He sure did ... ..crook. 

He got us {$71000.00}, we were told it would be {$110000.00}, our loan balance jumped from 3.62 % percent to 5.85 % and our payment went from {$3100.00} to {$4700.00}, now it is over XXXX. 

All we did is trust a lender that a friend in California recommended we use. 
His name is XXXX XXXX, and he worked as the Area Manager for XXXX in XXXX XXXX. 
Now he is the Regional Manager for XXXX XXXX XXXX in XXXX XXXX. 

Please let me know what I can do about this as well. You stated that I could reach out to him in my complaint filed on XX/XX/XXXX, but I have called and he has not called me back.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation