Consumer complaint received 2023-05-09
Company: Shellpoint Partners, LLC
State: NY
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On two separate occasions, Shellpoint offered me a loan modification that consisted of an amount, an interest rate and a monthly payment. No amounts were explained and no late fees were mentioned. The first offer came in XXXX, 8 years after XXXX  XXXX XXXX caused default. Some of the interest on an enforceable contract would have become uncollectable, but the amount they were requiring me to affirm  was XXXX and the note was XXXX so almost half of the amount was for undisclosed amounts that they expected me to blindly affirm. They made the offer and although I did not accept, they reported this new amount to the credit bureau and prevented me from obtaining a new loan to pay off what I actually owed at the time. Falsely reporting my debt, the amount and harming me by bringing down my credit score and preventing me from reinstatement. 
The second mod offer came in XXXX and was for XXXX, again, 10 years after XXXX  Caused default- refused to explain how that amount was derived and tried to force me into affirming an amount that I did not owe. Then at one of the hearings, Shellpoint 's attorneys required me to submit financials for myself and my husband. XXXX  XXXX XXXX also required me to include him. HE WAS NEVER ON THE NOTE! How is this not breach of contract? How is it legal to require me to add someone to a mortgage that was never financially responsible? When I spoke up, I was asked not to speak. My rights have never mattered in this entire case. Then in XXXX Shellpoint sent my attorney a pay off letter that was showing I owed upwards of XXXX, stating that : Principal Balance {$310000.00} Interest To XX/XX/XXXX {$220000.00} Clearly attempting to collect time barred debt and trying to confuse and coerce a consumer into signing off on amounts they DO NOT OWE. 

I recently went to their website and requested a new payoff. While I have yet to receive it, I can see that the interest has fallen off and all they are asking for is the XXXX of the original note and the escrow and legal fees. Had this been the offer all along I would have been able to reinstate. Shellpoint harmed me by not reporting true and correct amounts and then using this information to claim my house. 

Three entities have reported this loan against me, XXXX as servicer and listing XXXX XXXX as CREDITOR, Shellpoint listing themselves as creditor and another company I never heard of or ever paid, Homeward Residential also reported that they were a creditor. As a consumer, I have a right to the facts and those facts have clearly been concealed leaving me unprotected and vulnerable to claims that are false. Shellpoint can not be a holder in due course if they came by the debt after default. If XXXX XXXX gives them right to be a HOLDER, then that should NOT be concealed. Because right now as this case stands, XXXX XXXX says they are not a party and Shellpoint was awarded summary judgement XX/XX/XXXX on their behalf - or were they??? Because it's absolutely unclear to me- who is the injured party here??? IS SHELLPOINT A DEBT COLLECTOR IF THEY CAME INTO POSSESSION 6 YEARS AFTER DEFAULT??? Is that why they were allowed to include the debt in the loan modification? Because now it looks like they are a servicer foreclosing on behalf of an interested party with no interest. It seems as though Shellpoint was acting as both in this case. A definitive answer is requested.

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