Consumer complaint received 2024-01-30
Company: Shellpoint Partners, LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Trying to communicate with the company to fix an issue while managing or servicing your loan

Complaint:
Hello CFPB AND WHOM IT CONCERNS : I was instructed by New Rez Supervisor by phone to put writing regarding a very complex late mortgage payment reporting error on a XXXX XXXX XXXX mortgage with zero late paymentshistorically with New Rez that transpired over the past 90 days. 

In late XXXX, before XXXX, our bank account ending in # XXXX ( which was linked to this mortgage for ACH payments ) was compromised and hacked, resulting in having to completely shut down my account and open a new one. With this, I had to reach out to all vendors and companies we had ACH 's signed up to change our banking information with, including New Rez for our mortgage at XXXX XXXX XXXX. 

I believe the beginning of the confusion with this, was that we are enrolled in budget billing, with auto debits by New Rez every two weeks i.e Biweekly payments which they are very poor at servicing. 

A payment deducted on XX/XX/XXXX for {$1000.00}. 

We called to get the bank account changed AND made changes online therefore assuming we were correctly set up for ongoing payments with auto ACH payments applied. 

We now learned, when New Rez attempted to deduct the second XXXX payment, they tried to deduct it from the OLD cancelled account ending in # XXXX which was closed resulting in the funds being returned. We did not receive notification of non-payment which I am told was around the week of XXXX, XX/XX/XXXX. 
We found out the week of XXXX XXXX they had totally incorrect mailing addresses for notifications to be received. 

On XX/XX/XXXX, I noticed that the XXXX payment in XXXX was still not showing, so I called New Rez to understand what happened and made a {$3900.00} one-time payment. This payment was to cover the second half of XXXX payment and all of XXXX, with some remaining for XXXX. 

The woman I spoke with assured me that all was handled, payments would be applied, she understood our situation, etc., and that our bank account information was good to go moving forward. 

Later that month in XXXX around XXXX we received a call from someone on your team stating we were behind in payments and did not have XXXX payment. We spoke with her at length about the {$3900.00} payment and situation and she then said she was incorrect and she did see that we were all current and she did not know why we were on the list to call. 

At that point, because she had a lot of misinformation, pulled up someone elses account and repeated the incorrect bank account info to me I knew I needed to repeat everything with her on the recorded line to ensure there was no more confusion.. I reviewed with her the budget billing, she agreed that she saw we were enrolled in every other week payments. I also asked her to confirm our bank account on file. She confirmed the bank account on file was the new and correct one, ending in # XXXX. She also said we would be good to go. At no point was I ever informed that our budget billing was cancelled. 

In XXXX, we received calls from XXXX  XXXX  and our credit reporting stating our credit scrore dropped due to " 30-day late '' payment. We then called New Rez to understand what occurred. 

We were told you reported XXXX late. We did make a payment on XXXX and another payment on XXXX to get current and ahead, so there is no 30-day gap in payment. 

We also learned from speaking with a supervisor that you never applied the {$3900.00} payment to our account, to cover XXXX. There have been a lot of gaps and back and forth but we have been trying to resolve and keep receiving conflicting answers. The week of XXXX. XXXX we finally got to a supervisor that confirmed XXXX reporting as their error as there were unapplied funds. 

I have made 3 calls to try and get XXXX corrected and today XX/XX/XXXX it is still not corrected and they said 30 days. This is unacceptable as it is impacting XXXX lines of credit in our business due to the FICO, all New Rez Fault. 

Additionally, after the XXXX XXXXXXXX XXXX XXXX  alert which prompted us to engage with New Rez in detail in XXXX WE STILL DISCOVERED ON A RECORDED LINE WITH A NEW REZ SUPERVISOR, THAT, IN DEED THEY STILL HAD INCORRECT /OLD ACH ACCOUNT INFO. THEY CONSISTENTLY CAUSED LATES DUE TO THEIR ERROR IN PROCESSING THE PAPER WORK TO CHANGE THE ACH TO THE NEW BANK ACCOUNT. 

HE CORRECTED ; HE SAID NOW. IF WE HAD NOT BEEN ALERTED BY XXXX  XXXX, XXXX WOULD HAVE BEEN REPORTED LATE AS WELL. THEY WERE STILL USING THE CLOSED BANK ACH AFTER HAVING SEVERAL CONVERSATIONS AND PROVIDING THE NEW ACCOUNT INFORMATION. 


We spoke with a supervisor this week and he said he was working on submitting + disputing the XXXX information because he agreed that our payments should have been applied and were not. 

He said we had to submit a dispute in wiring to them online to discuss XXXX. We are still waiting on response back. 

I called again today XXXX XXXX to try and reason with them and review details againThey continue to insisted XXXX is late but will try and get XXXX removal from our credit accomplished. 

I WANT TO STRESS THIS MORTGAGE HAS BEEN WITH NEW REZ FOR AT LEAST 15 YEARS WITH ZERO LATES, OUR CONTINUOS CALLS TO THEM TO TRY AND CORRECT AND PROVIDE DETAIL., INOCRRECT NOTIFICATION MAILING ADDRESSES, NO CALLS TO CO BORROWER , ERRORS IN ACH SET UP AND UNAPPLIED FUNDS. 

WE WANT THIS XXXX AND XXXX  30 DAY LATE REPORTING CORRECTED ASAP. 

MY NEXT STEP IS LAWSUIT AND REPORTING TO YOU. 

IT MAY SEEM LIKE NO BIG DEAL BUT AS I MENTIONED WE RUN A FINANCIAL BUSINESS WITH IMPECCABLECREDIT AND REPUTATION. NEW REZ JUST WANST TO JUSTIFY IT AS WE DIDNT MAKE A PAYMNET. NOTTHE CASE. 

LASTLY, THEY SEEM TO BE MISSING SOME RECORDED CALLS, AND HAVE NOTES THEY SATE THEY EMAILED US ABOUT THE LATES BUT, FUNNY, THEY DID NOT DOCUMENT THE EMIAL ADDRESSES THEY SENT TO.

PROBABLY A VENDOR DOING THEIR EMIALS AND POOR EMPLOYEED TRAINGING TO DOCUMENT WHERE THE EMIALS WER SENT FOR LATES.

I BELIEVE THERE IS AMPLE EVIDICNE TO SHOW THEY HAVE OPRATONAL DICONNECTS, ERRORS, AND LACK OFCALL AND EMIAL DOCUMENTATION.

CAN YOU PLEASE ASSIST IN THECORRECTING THESE 30 DAY LATES. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX THE BELOW WAS A REQUEST AT THE BOTTOM OF THE DISPUTE WE PUT IN WRITING TO NEW REZEON XX/XX/XXXX XXXX PHONE COMMUNICATION AS WELL ON XX/XX/XXXX. 
Our ask is that you reverse any negative claims to the credit bureau for both XXXX XXXX XXXX and XXXX XXXX ( for both XXXX and XX/XX/XXXX ) due to the great history we have had with your company and the valid attempt ( s ) we have made to correct this situation.

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