Consumer complaint received 2020-01-16
Company: Shellpoint Partners, LLC
State: IL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I called and agreed to a repayment plan on XX/XX/XXXX. My XXXX payment was to be spread over the next 3 months. I followed all the instructions given to me, including signing the repayment plan document and returning it to Shellpoint. I also set up automated payments to ensure that I am never late paying the mortgage / repayment plan payments. I was reported as 30 days late to all 3 major credit bureaus for XX/XX/XXXX, and I was told by the representative who set up the repayment plan, this would not occur due to the repayment plan activation. The agreement stated to have the document signed and received by Shellpoint before XX/XX/XXXX ; however, according to Shellpoint 's Service team, the signed documents were received on XX/XX/XXXX. Prior to the agreed 1st payment date, I called and asked that the payment date be extended because the funds would not be available on the date the down payment was set for. A new repayment plan was then initiated and more documents were sent to me and sent back to Shellpoint / New Rez prior to the required date listed on the new repayment plan forms. At no point was I told by any of the customer service representatives that I would be in any danger of negative reporting for XX/XX/XXXX. 

On XX/XX/XXXX I received my annual escrow analysis from Shellpoint via postal mail. This was not requested by me, I was told that this is done automatically and annually by Shellpoint. The Escrow analysis document that was sent to me was dated on XX/XX/XXXX ; which was a day after I called to initiate a repayment plan. The Escrow analysis indicated my mortgage payments would decrease beginning XX/XX/XXXX, which would cause over-payment on the current repayment plan. I called and asked that the payment plan be updated to reflect the decrease in my mortgage payment because of the escrow analysis that was completed. The Rep I spoke with ( XXXX ) stated that a new repayment plan would have to created and assured me Id be in no danger of 30 days late being placed on my credit report, as long as a down payment of {$2000.00} be made, which would cover the XX/XX/XXXX payment. The payment was completed and documents for the new repayment plan were sent prior to the date requirement for the plan to be activated. 


I received 30 days late remark on my credit report for XX/XX/XXXX, I disputed that remark with CFPB and it was removed, but a 30 days late remark was then placed on my credit report for XX/XX/XXXX. 

According to the dispute remarks left by Shellpoint regarding the XX/XX/XXXX reporting ; Shellpoint stated on a document dated XX/XX/XXXX " On XX/XX/XXXX, you elected to wait for the escrow analysis to be completed, and as of XX/XX/XXXX, you were not participating in a repayment plan. '' However, the escrow analysis was completed on XX/XX/XXXX and I called on XX/XX/XXXX without any knowledge of the escrow of the completion of the escrow analysis report, so how could I wait for something that is already completed? 

New Rez / Shellpoint responded on a separate document dated XX/XX/XXXX stating that " on XX/XX/XXXX you called in to see we could edit the repayment plan monthly payment amounts because an escrow analysis had been completed. '' Shellpoint / New Rez goes on to say in that same document " the representative advised you that the repayment plan was active and could not be edited. '' That is false and contradicting information in response to the Credit reporting disputes for XXXX and XX/XX/XXXX. The documents state 2 different versions of a conversation that I had with Shellpoint. The document dated XX/XX/XXXX makes no mention of the conversation I had with Shellpoint on XX/XX/XXXX and states that I was not participating in a active repayment plan. However, the document dated XX/XX/XXXX states that I did in fact have a active repayment plan which would have included the XX/XX/XXXX payment, since I called originally in XXXX to spread out the XXXX payment over the next 3 months. 

Shellpoint stating that I was told that I was not on a current repayment plan on XX/XX/XXXX and then stating that I was told that I was on a repayment plan on XX/XX/XXXX ; makes their claims false and contradicting. All of this information regarding the disputes was then mailed to me by Shellpoint and left as consumer remarks on the disputes I placed on CFPB.gov.  Documents are attached plaese review them carefully. 

The actual agreement and conversation on XX/XX/XXXX went accordingly : the repayment plan was set up by XXXX, a Shellpoint Supervisor, she stated that the XX/XX/XXXX mortgage payment will be covered by the {$2000.00} down payment which was made by the date required by the active repayment plan, and I would not receive any negative remarks for XX/XX/XXXX as long as the down payment is received by the date listed on the repayment plan documents. That was the sole purpose of setting up the repayment plan to avoid negative reporting in XX/XX/XXXX and any following months. That's what was agreed upon by XXXX ( Shellpoint ) and I.

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