Consumer complaint received 2022-01-03
Company: Shellpoint Partners, LLC
State: CO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Since XXXX, XXXX I have been trying to get a refund for a payment I incorrectly made to XXXX XXXX XXXX on XX/XX/XXXX after the mortgage was acquired by Shellpoint Mortgage on XXXX XXXX. The payment should have gone to Shellpoint Mortgage and should have been applied to the XX/XX/XXXX payment with Shellpoint. The payment was never received by Shellpoint. I have contacted Shellpoint over a dozen times in last five months. Shellpoint claims XXXX XXXX XXXX  has the payment. 

The reason this payment went to XXXX XXXX XXXX is because in my XXXX  automatic bill pay, I updated the Payee Name to Shellpoint Mortgage but failed to update the account number to the new Shellpoint account number. I spoke to XXXX and they confirmed the payment went to the account number ( XXXX ) and not the payee name ( See attachment : XXXX XXXX XXXX XXXX XXXX  payment.pdf for the Note to Payee information from XXXX. ) The thread below shows the most recent communications between XXXX XXXX XXXX  and myself. I have been attempting to resolve the issue since XX/XX/XXXX. I have been told by XXXX XXXX XXXX  that they do not have the payment and that the payment was automatically rejected by their system. I have asked for a letter explaining the payment was rejected or proof of this transaction but they have not been able to produce either. 

Latest emails ( there are additional emails and over 20 phone calls made to XXXX XXXX XXXX  to try and resolve this issue since XX/XX/XXXX ). 

**NOTE** XXXX XXXX XXXX  historically has dismissed every email and phone call with a response that they simply never received the payment. XXXX XXXX  has made it clear that the funds left my checking account, was received by XXXX XXXX XXXX, and was never returned. This repeated deniability by XXXX XXXX XXXX  is unacceptable at this point in the process and I will no longer accept that as an answer. 


-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Hello, I spoke with XXXX bank today regarding the XX/XX/XXXX payment of XXXX. The payment was sent by XXXX as an electronic payment ( see attachment Proof Electronic Payment from XXXX ). XXXX informed me that when an electronic payment is sent, it is automatically deposited into the account ( # XXXX ). Since it was electronic and not a paper checked mailed to XXXX XXXX XXXX, there should have been no rejection of the payment. If the payment was rejected it should have been sent back to XXXX. XXXX has no record of receiving the money. I also did not receive a refund check. 

The fact of the matter is that XXXX XXXX XXXX  is in receipt of the funds. Please do not continue to tell me that you do not have the funds unless you have proof that you rejected the funds and a record of where the funds went after you rejected it. 

If this can not be resolved, I will be forced to file a police report. I would rather involve the police, however, if you continue to claim you do not have the funds I will be left with no other recourse. 

The payment was sent as a digital payment and should have been automatically deposited into my XXXX XXXX XXXX  account. 
I sent proof of the payment being digitally sent. 
I sent a XXXX XXXX statement showing my balance before the payment was sent, the payment being sent and the balance after the payment was sent. 
I sent a Note to Payee which documents all of the details of the transaction, including the account number to which the payment was sent, date, time, and trace number. 


At this point you are holding my money illegally. It has been 6 months since the payment was made. I have called XXXX XXXX XXXX over 20 times, each time I get a new person and a different response. 

XXXX XXXX XXXX From : XXXX XXXX XXXX Sent : Friday, XX/XX/XXXX XXXX XXXX To : XXXX XXXX Subject : Attention : Research Department XXXX Hello, Since XXXX, XXXX I have been trying to get a refund for a payment I incorrectly made to XXXX XXXX XXXX on XX/XX/XXXX after the mortgage was acquired by Shellpoint Mortgage on XXXX XXXX. The payment should have gone to Shellpoint Mortgage and should have been applied to XX/XX/XXXX payment with Shellpoint. The payment was never received by Shellpoint. I have contacted Shellpoint over a dozen times in last five months. Shellpoint claims XXXX XXXX XXXX  has the payment. 

The reason this payment went to XXXX XXXX XXXX is because I updated the Payee Name to Shellpoint Mortgage but forgot to update the account number to the new Shellpoint account number. I spoke to XXXX and they confirmed the payment went to the account number ( XXXX ) and not the payee name ( See attachment : XXXX XXXX XXXX XXXX XXXX  payment.pdf for the Note to Payee information from XXXX. ) I spoke to a supervisor today who instructed me to email my XXXX statement to the Research department to prove the XX/XX/XXXX payment cleared my XXXX account and to show the balance difference before the payment was sent and after the payment was sent. This statement proves the payment to XXXX XXXX XXXX  cleared my XXXX  account and was processed by First Community Mortgage ( See attachment : XXXX statement-XXXX XXXX 

Please see the second payment line under Transaction Detail section : XX/XX/XXXX - XX/XX/XXXX Online Payment XXXX to Shellpoint Mortgage Servicing ( the account number, see attachment XXXX  Online to XXXX XXXX XXXX  shows Note to Payee with my XXXX XXXX account number : XXXX. Again, please note that I only changed the name of the payee and forgot to change the account number to the new Shellpoint account number and this is why the payment went to XXXX XXXX XXXX  ). 

My XXXX account balance before XX/XX/XXXX payment was {$8500.00} and after the mortgage payment cleared to XXXX XXXX XXXX  in the amount of {$4600.00}, the balance was {$3800.00}. 

The supervisor confirmed that XXXX XXXX XXXX  transferred my account to Shellpoint Mortgage on XXXX XXXX. Therefore, my payment on XX/XX/XXXX that was sent to XXXX XXXX XXXX was not transferred to Shellpoint and is still in possession by XXXX XXXX XXXX 

I am requesting an immediate refund check to me at my property address : XXXX XXXX XXXX XXXX XXXX XXXX, CO XXXX ( XXXX ) XXXX XXXX From : XXXX XXXX Sent : Friday, XX/XX/XXXX XXXX XXXX  To : XXXX XXXX Subject : Attention : Drafting/Research Department XXXX Hello, XXXX XXXX XXXX sold my mortgage to Shellpoint Mortgage Servicing in XX/XX/XXXX with the first payment to Shellpoint on XXXX XXXX. 

I accidentally paid XXXX XXXX XXXX  the XX/XX/XXXX payment on XX/XX/XXXX from my XXXX account. I am trying to have XXXX XXXX XXXX  refund me the XX/XX/XXXX payment since I already paid Shellpoint for it as well. 

Attached is proof of payment via XXXX Bank to XXXX XXXX XXXX  in the amount of {$4600.00} sent XX/XX/XXXX. Note the Payee name is incorrect and should be XXXX XXXX XXXX. The payee account number is my account number for XXXX XXXX XXXX. 

Can you please respond via email on the resolution. 

Thank You, XXXX XXXX

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation