Consumer complaint received 2020-01-07
Company: Shellpoint Partners, LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I had an approved modification with a trial payment due in XXXX - my funds are distributed by wire transfer once per mo - I paid my trial payment on XXXX XXXX XXXX as the wire deposit was ready - instead it was delayed due to an unforeseen issue causing my payment to not be honored - I immediately contacted my pay source and a letter was provided stating not my fault which I sent to Shellpoint mortgage along with an appeal of cancellation of my modification ( I had been notified that my modification had been cancelled ( Shellpoint letter dated XX/XX/XXXX ) To date, I have not received a response to my eppeal. I reapplied for modification, sending a very complete package On XXXX received a letter from Shellpoint dated XXXX.stating receipt of same and giving me until XXXX XXXX to supply items checked by boxes - in reviewing these, I had already supplied all of these - I next made a phone call to my representative - As she was not available I spoke with another representative who told me that the investor had declined modification. I told him that I had appealed this and had not yet received a decision - he told me that my file had been closed- no effort was made to discuss the checked items per the XX/XX/XXXX letter -He transferred me to my representative who was now available - she said my file was on hold. Meanwhile I receive a Notice if Sale under power by a foreclosure Atty for XXXX this notice was dated on XX/XX/XXXX XXXX XXXX. I received this Notice on XX/XX/XXXX - Since I have received conflicting information from Shellpoint ( letter dated XX/XX/XXXX acknowledging my application and giving me a time fr as me until XX/XX/XXXX to provide checked documents/ rep stating file closed/ rep stating file on holdso can t discuss requested items// notice of foreclosure by power dated XX/XX/XXXX ). No response has been received regarding my appeal of cancellation of my modification as of yet- this appeal was sent immediately after receiving Shellpoint s letter dated XX/XX/XXXX stating cancellation of modification due to Failure to pay as agreed - my appeal stayed that it was not of my control and a letter from my pay source was provided documenting same/ I emailed a copy of all documents checked and a notarized list of same - I also emailed updated social security letters stating upcoming amounts for me and my husband - I sent a Dispute letter also, based on the conflicting information, a Demand to honor the XX/XX/XXXX letter from Shellpoint acknowledging my application for modification/ a dispute of placing my application for modification on hold and not reviewing it as per the XX/XX/XXXX letter Referring to dual tracking described in section 11 of Regulation X law/ and therefore a Demand for cancellation of the XX/XX/XXXX foreclosure sale I also sent a letter confirming the discussion with representatives who TOLD me conflicting information from Shellpoint s Letter dated XX/XX/XXXX - I addressed this is section 1 I addressed the foreclosure sale date in section 2. I addressed another serious complaint - Shellpoint has NOT paid the taxes due on my home in the amount of {$3800.00}, billed in XXXX - I have forwarded the bill to the escrow Dept 5 different times and it has not yet been paid - I received a FiNAL NOTiCE regarding these unpaid taxes. I address this in section 3. Finally I addressed a more serious situation that occurred in XXXX - the illegal breaking in and trespassing of my property - changing of locks, winterizing plumbing, and posting iof unoccupied and vacancy on My front door - I filed a police report and both officers said it was illegal trespassing and forced entry - I also reported the theft of a valuable painting and various items - in addition Shellpoint illegally filed an ins claim with my homeowners ins stating my home was vacant basing their actions on a former ( 3 years sealer ) sale date by XXXX  which had been cancelled and I was granted a modification - the ins agent checked the county and saw that I was the owner of record - he closed the ins claim and forwarded ALL correspondence to me that had been sent by Shellpoint with photos showing removing items from My refrigerator etc. I have notified my attorneys of same and have all info for documentation - unbelievably Shellpoint justified this by a section in My security deed - my Attys said their actions will not hold up in court - in fact it is criminal according to the police and Attys - I addressed this in section 4. 
Next I sent a Demand letter for Shellpoint to honor their letter dated XX/XX/XXXX. Giving me an ability to have my application for modification reviewed and hopefully approved as I am able to make payments as shown in my appeaa I also Demand that the foreclosure sale on XX/XX/XXXX be cancelled in order to comply with Reg X section 11 - also I pointed out that holding my application could be deemed a strategy to send a letter  denying my application as it was not complete 37 days prior to the sale date which would not be my fault but theirs

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