Consumer complaint received 2023-04-11
Company: Shellpoint Partners, LLC
State: IL
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
Our mortgage lender Shellpoint has been hard to work with and have blocked review of our documents and started the foreclosure process against us even though we never missed a payment. I am a retired veteran and have a VA loan and I have been told that they are required to work with us and not shut the door. Shellpoint to date has failed to conduct a proper review of our current and correct financial information and rushed us to foreclosure. 

A few months after we closed on the house XXXX shut down our whole area and my daughter XXXX XXXX lost her job. As a result she and her family ended up moving into the home as well and began helping us with the mortgage payment. She was sending money orders to the servicer at that time XXXX but in XX/XX/XXXX her husband had lost many hours also due to Covid and we contacted XXXX and they gave us a three month forbearance through the XXXX program. My daughter then resumed making payments on the loan directly through her XXXX XXXX  account until she was a victim of bank fraud. Since that time she was in contact directly with XXXX and now Shellpoint regarding this matter and has tried to resolve matters but tells me they are giving her the runaround. After the 3 month forbearance she was making monthly payments from her bank account and in XX/XX/XXXX she found out through the XXXX fraud department that the bank account had been hacked and that the fraudster disputed the mortgage payments and a total of {$990.00} was reversed and put back into the account and then the fraudster did a transfer out of the account through payment app to steal the funds for months of aug-nov. XXXX received {$540.00} for each of these months and they kept this amount. XXXX called in to XXXX and told them what had happened with the fraud on the account but XXXX told her we were not late and that everything was fine and she made the December 21 monthly payment which XXXX accepted. In early XXXX XXXX finally realized there was a problem and my daughter went back and forth with them repeatedly. Her bank had verified the fraud and the {$990.00} that had been pulled from XXXX was sent back to them ( she has all of the transaction records ). But the loss mitigation people at XXXX did not acknowledge that the funds had been sent back and started us on the path to foreclosure and would not accept our regular monthly payment and began charging us crazy late and legal fees. We tried to get XXXX to work with us but we have not been successful. We request a full and complete accounting of all payments received, all payments reversed, all payments credited to the account as well as a listing of all fees that have been charged by XXXX and now Shellpoint. 

We have tried to apply for modification but were told on one occasion that the proper documents were not sent in on time, a different time they said denied due to lack of income. My daughter and my family are stuck in a constant whirling request of documents needed, documents received but lost, conflicting information. We received a letter on XX/XX/XXXX that said since we did not respond to the XXXX letter offering help within 14 days we were going into foreclosure, even though we never received such a letter. Shellpoint took over then and immediately we were in foreclosure. We got letters that said " we want to work with you '' but they have given us the runaround and told us the only option was full reinstatement. Shellpoint has not completed a review for loss mitigation options based on the current and correct financial information for our household, where my daughter and her husband contribute towards the monthly bills. Shellpoint has failed to credit the money XXXX XXXX sent back to XXXX after they verified the fraud ( close to {$4000.00} ) and instead of offering options such as loan modification, recapitalization of arrearages, partial claim or deferring past due amounts or a repayment plan they are adding fees and putting us into foreclosure

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