Consumer complaint received 2022-10-30
Company: Shellpoint Partners, LLC
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I have complied with the Payment Deferral Plan documents, yet I was still placed in the foreclosure process, and charged foreclosure and miscellaneous fees and reported as delinquent to the credit bureaus. 

I have time and again tried to work with XXXX since XXXXXXXX XXXX  XXXX by proactively reaching out and documenting the exchanges, yet, the mortgage deferral plan was NEVER implemented despite assurances that I simply needed to wait for the paperwork to be processed. The loan was then transferred on XX/XX/XXXX to Shellpoint. I have contacted Shellpoint multiple times regarding the matter, and I was asked to complete a trial plan of three payments while they review the documents for deferral plan, which I have completed, but all the while I kept receiving mailing that I'm now in a foreclosure process. I have tried to contact Shellpoint multiple times and was provided the similar answer of under review and no action to resolution. 

Every time I have contacted mortgage company representatives, I have had to endure the long wait times on the phone and explain the same thing from beginning to end. The story gets longer each time I called. I was told the same thing that I had completed all steps as needed, that I needed to wait for the documents to be processed, and that I would not put in any foreclosure process or charged any fees while awaiting loan servicing to update or refunded if any were assessed once the loan is updated. In reality, the documents were NEVER processed, I was constantly sent a new notice asking me to contact XXXX and Shellpoint, I was slapped with multiple fees, and ultimately, I was placed in foreclosure despite the multiple assurances and outreach efforts. This intentional conduct by Shellpoint and XXXX to put me in foreclosure without ANY change despite my proactive outreach and documentation is causing undue distress to me and my family, and is a complete failure to do as promised in changing the mortgage in a loan modification. 

I request to be placed on the deferral plan as agreed to by the previous loan servicer, XXXX XXXX XXXX, and removal of all foreclosure related fees by Shellpoint that should not have been assessed in the first place -- given the agreed-to deferral plan that could have been processed anytime in the preceding five months as promised by the representatives. 

My sole goal at this point is to resolve any and all mortgage related issues. I have the full intent, goodwill, and capacity to do so, and await Shellpoint to honor the agreement without further external escalation. 

-- DISPUTE FEES AMOUNT Date Amount Transaction Name XX/XX/XXXX {$3.00} XXXX XXXX  Balance XX/XX/XXXX {$100.00} Late Fee Assessed XX/XX/XXXX {$100.00} Late Fee Assessed XX/XX/XXXX {$15.00} Other Fees Disb XX/XX/XXXX {$160.00} Legal Fees Disb XX/XX/XXXX {$1500.00} Legal Fees Disb XX/XX/XXXX {$640.00} Legal Fees Disb Total {$2600.00} -- TIMELINE OF EVENTS/ACTIONS/INTERACTIONS XX/XX/XXXX I called XXXX at XXXX to request Payment Deferral ( Forbearance Plan ending on XX/XX/XXXX ). I was asked to call back in XXXX to make the request since XX/XX/XXXX is too early to do so. 

XX/XX/XXXX I called XXXX at XXXX to request Payment Deferral. I was asked to wait for the application to arrive in the mail, fill out, and return it. The representative informed me some of the documents to gather that would be needed ( e.g. pay stubs, bank statementsetc. ), and assured me that no news would be assessed and my loan status would stay current while an application is pending. 

XX/XX/XXXX Mortgage Assistance Application received in the mail. 

XX/XX/XXXX I filled out the Mortgage Assistance Application and faxed to XXXX. 

XX/XX/XXXX I called XXXX at XXXX to request confirmation of receipt of documents faxed. Representative explained that the fax is handled directly by Underwriting servicing department and can not verify, but asked me to wait and assured me that that fees/status change would NOT occur while an application is pending. 

XXXX No update from XXXX. 

XX/XX/XXXX I received a COVID-19 Payment Deferral offer in the mail, dated XX/XX/XXXX. I called XXXX at XXXX to inquire of this and how it affects my pending application that was faxed on XX/XX/XXXX. I was informed that : XXXX still has not processed the XX/XX/XXXX fax information. 
The representative explained that I can directly agreeing to this offer, and that further explained that : o There are no processing fees for this payment deferral. 
o XXXX will continue to report me as current on my credit report. 
o All deferral amount would be due at the end of the mortgage life. 
o I must make one catch up payment of {$2700.00} since I have already reached the maximum 18-payment deferrals. 
o The new monthly after the plan is processed would be XXXX. 
o A payment of {$2800.00} is due on XX/XX/XXXX. 

I agreed to the Payment Deferral Plan as is, and I signed the form and sent it over while the representative was still on the phone with me. Additionally, I the made pre-requisite catch up payment of {$2700.00}. I was informed that the XXXX XXXX XXXX would process the deferral plan as soon as possible and within 30 days. ( Attachment : Signed Deferral Plan Agreement, bank transaction withdraw of {$2700.00} ) XXXX No update from XXXX. 

XX/XX/XXXX I received a Default Notice in the mail from XXXX, dated XX/XX/XXXX. 

XX/XX/XXXX I called XXXX at XXXX to follow up on the Deferral Plan update and to inquire about the Default Notice. I explained of my situation from XX/XX/XXXX to date. I was informed that my loan is still awaiting the XXXX  Underwriting team process the deferral plan. In the meantime, I noticed a {$100.00} fee assessed in the transaction history and a {$3.00} XXXX XXXX Balance in the Default Notice. 

The representative explained to me that the Default Notice was automatically generated by the system and that the Default Status would be cured once the Deferral Plan is processed and the {$3.00} XXXX XXXX Balance would be refunded. Likewise, the {$100.00} fee assessed was also automatically generated by the system and that it would be refunded the loan is updated. The representative asked for my continued patience while Underwriting process a heavy backlog of cases, and I authorized her to make a payment of {$2800.00}. ( Attachment : bank transaction withdraw of {$2700.00} ) XXXX No update from XXXX. 

XX/XX/XXXX I called XXXX at XXXX to follow up on the Deferral Plan status after another three weeks have passed since my last phone call to XXXX and still no update from XXXX. I also noticed another {$100.00} fee assessed of {$100.00} on XX/XX/XXXX in the transaction history. I explained of my situation from XX/XX/XXXX to date. The representative informed me that due to a heavy backlog of cases, the Deferral Plan remained unprocessed, explained that the fee would be refunded once the Deferral Plan is processed, and asked for my continued patience and await update from XXXX. 

XX/XX/XXXX I received two letters in the mail, both dated XX/XX/XXXX, indicating that A ) I dont have sufficient homeowner insurance coverage, and B ) I have two insurance policies in effect. I called XXXX at XXXX to follow up, and I informed XXXX that I have only one policy in effect, its policy number and coverage details. The representative said no insurance matters can be found on her end and asked me to disregard the insurance related notices. 

I also inquired of the status of the Deferral Plan, and explained of my situation from XX/XX/XXXX to date, and how I am losing confidence in XXXX. The representative informed me that she had no new information and asked me to wait for the mail to arrive. 

XX/XX/XXXX I called XXXX at XXXX to follow up. I explained the situation from XX/XX/XXXX to date. The representative XXXX ( # XXXX ) was shocked by the lack of progress and apologized. Additionally, she informed me that she sees the mortgage being potentially transferred to Shellpoint. She agreed to escalate the Deferral Plan issue to her supervisor, who would contact me in 3-5 business days regardless of the potential transfer. I followed up on the {$100.00} fee assessed from XX/XX/XXXX. Like other representatives, she indicated that such fees would be waived once the Deferral Plan is processed. 

XXXX No update from XXXX. No phone call from XXXX Customer Service supervisor as indicated on XX/XX/XXXX. 

XX/XX/XXXX XXXX XXXX XXXX website restricted access to my loan details. 

XX/XX/XXXX I received a Transfer of Servicing Notice in the mail, dated XX/XX/XXXX. 

XX/XX/XXXX I received a Loan Modification Offer in the mail, dated XX/XX/XXXX. The letter indicated a trial period plan in the amount of {$2500.00} at 480 months to avoid foreclosure. I called XXXX at XXXX to follow up. I explain of my situation since XX/XX/XXXX to date. 

I was informed that my loan is confirmed to be transferred to Shellpoint on XX/XX/XXXX and that it is best to wait until after XX/XX/XXXX to contact Shellpoint, as the Deferral Plan is unlikely to be processed with a pending transfer loan, and I will have a grace period of 60-days due to the loan transfer without accumulation of late fees or penalty to discuss the details with Shellpoint XX/XX/XXXX I contacted XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX to formally complaint of the treatment received at the hands of XXXX and asked for an intervention in hopes of resolving the issues prior to the transfer of the loan. 

XXXX date No reply from XXXXXXXX XXXX or any further updates from XXXX. 

XX/XX/XXXX I called Shellpoint at XXXX. I inquired of the status of my loan from XXXX. The representative confirmed that the XX/XX/XXXX XXXX XXXX plan from XXXX can be seen and asked me to submit payment for the trial payment of {$2500.00}. I was informed that my XXXX is XXXX XXXX, and she would review the Deferral Plan from XX/XX/XXXX. 

I authorized the payment of {$2500.00}. Afterward, I called XXXX XXXX at XXXX and left a voicemail and requested a callback at her earliest convenience. ( Attachment : bank transaction withdraw of {$2700.00} ) XX/XX/XXXX I called XXXX at XXXX to inquire if the Deferral Plan was transferred to Shellpoint and how the delinquent status was possible as I was awaiting for a loan servicing update that never happened. The representative explained that all communication should be done with Shellpoint as XXXX is no longer the mortgage company. 

XXXX No call back from XXXX XXXX XXXX XXXX 

XX/XX/XXXX I called Shellpoint at XXXX. I explained the situation from XX/XX/XXXX to date. The representative explained that by completing the three trial payments, the system automatically triggers a loan update by the XXXX XXXX. Also, he suggested that to expediate matters, I am allowed to make second and third trial plan payments without having to wait the monthly periods between payments. 

I authorized two payments of {$2500.00}, dated XX/XX/XXXX and XX/XX/XXXX. I was informed that my XXXX is XXXX XXXX. I called XXXX XXXX at XXXX ext XXXX and left a voicemail and request a callback at her earliest convenience. ( Attachment : bank transaction withdraw of {$2700.00} ) XX/XX/XXXX I received a call-back from XXXX XXXX XXXX who informed me that XXXX XXXX is my Shellpoint XXXX at XXXX, and she would send a message to XXXX XXXX for a callback. I also called XXXX XXXX directly at XXXX and left a voicemail and requested a callback at her earliest convenience. 

XX/XX/XXXX I called Shellpoint at XXXX. Spoke with representative XXXX XXXX to explain the situation from XX/XX/XXXX to date. XXXX XXXX explained that two options of my case are A ) continue with the Load Modification plan of {$2500.00} and await the XXXX XXXX to update the terms in detail, or B ) ask Shellpoint to honor XXXX Deferral Plan. Regarding the various wrongly accumulated fees, I should send a detailed message to XXXX to explain the situation with XXXX in detail and request the removal of all fees and foreclosure fees as I had opted in to the Deferral Plan and confirmed receipt of the required paperwork by XXXX. 

At the same time, XXXX XXXX agreed to file a complaint for Fulfillment to contact me. 

XX/XX/XXXX I received an email from XXXX XXXX, requesting my escrow shortage payment of {$1900.00}. This was XXXX XXXX first outreach to me after multiple outreach efforts, and this email came without any context such as mortgage amount, modified terms, or any reference to my prior phone conversations or submitted dispute for complete disregard of deferral plan and no update since completion of my trial payments. 

I replied and requested an update to the status of my dispute and the confirmation of the loan amount and status.

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