Consumer complaint received 2019-10-30
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Chapter XXXX was discharged XX/XX/2019. In XXXX of 2019, trustee XXXX XXXX sent a final cure of payment to Shellpoint mortgage serving. Per federal bankruptcy law, Shell point was required to respond to the final cure of payment from XXXX XXXX trustee. Shellpoint failed to respond to the final care of payment from the trustee. Without a response from shell point XXXX XXXX file the discharge motion with the XXXX bankruptcy XXXX XXXX California and the discharge was granted on XX/XX/2019. 

Approximately three weeks later Shellpointe responded with a bill stating we owe past due {$26000.00}. This letter from shell point was almost immediately sent once chapter XXXX was lifted and the protection was lifted. We reviewed the Shell point statement of the past amount due of {$26000.00} and based on our records we were approximately three payments missed with a total of {$12000.00}. We contacted shell point mortgage servicing and spoke to a representative and told us we were approximately eight payments behind. For approximately one month we spoke to between 15 and 20 different representatives at shell point and could not get a definitive answer on which payments were missed ... what months and years. First representative stated that the payments were missed during post petition bankruptcy. A second group of representative stated that the payments from the prepetition bankruptcy. Which lead to us being very confused about what payments were missed, we were told numerous different stories from numerous different representatives, all of representatives were professional and patient but none of them could give us an answer on where these missed payments originated from. On XX/XX/2019 we submitted an email request to shell point loan services. 

We were told by mortgaging services at Shell point to email a complaint and request for the billing statements for the past five years. On XX/XX/2019 we received notice of default and intent To accelerate. We received this letter from shellpoint on XX/XX/XXXX stating we have 30 days from XX/XX/XXXX to pay approximately {$31000.00} or foreclosure proceedings would begin. They would not let us speak to anyone regarding this, we were told to email inquiries to XXXX and they would get back to us, which they did on XX/XX/2019, the day before the money was due. On XX/XX/2019 we paid the requested amount of {$26000.00}, because of the threats of losing our home.. putting us back in debt. 

We contacted XXXX XXXX trustee, our lawyer, and the chapter XXXX court. There was no record of shell point ever responding to the final cure of payment. We spoke to numerous shell point representatives asking why they failed to respond to the trustee with negative results. XXXX bank which has our second mortgage responded immediately to the final care of payment. XXXX gave us an itemized bill stating the months and years and amounts of missed payments. Chases response to the final cure in a timely manner which gave us an opportunity to formulate a plan of repayment which we successfully completed. We believe Sharpoint intentionally ignored the trustees final care of payment does lifting the bankruptcy protection and ambushing us into a bill of {$26000.00} and the threat of losing our home. To this date shell point still has not provided the exact dates Of these alleged missed payments and we have record of all payments. We received the itemized statement from Shellpoint XX/XX/XXXX, it listed lawyer fees for foreclosure, property inspection fees appraisal fees and legal fees for foreclosure as well as winterization fees. Sharp point mortgage clearly violated federal bankruptcy laws 3002.1g where they shall respond to the final care of payment from XXXX XXXX XXXX bankruptcy court.

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation