Consumer complaint received 2021-12-28
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
My loan was being handled through Ditech Financial , LLC. They filed for bankruptcy on XX/XX/XXXX. On XX/XX/XXXX they completed a sale of my loan to Shellpoint a Division of Newrez.

When I found out about this, I called Shellpoint and found out they were a debt collecting mortgage company. I could not understand this. I was told the loan was approximately 45 days late and that I only owed 1 month worth of payments to become current, which I made, but did not understand the 45 days late. They said over the phone that there were late charges, short pay fees, and other monies needed to bring the account to date. I said the charges, approx {$1900.00} seemed excessive to me. After several phone call I was told by an agent named XXXX that the largest amount owed was a Forced Place Insurance fee that was due because of lack of insurance in XXXX. Also because of the amount of the XXXX, which at that time I was told was approx {$1500.00} ( which I now know was actually {$1700.00}. ), that account because of my monthly payment fee of {$420.00}, was deemed 45 days late, and property inspection fees totaling {$210.00} had been added to the account. He said I needed to email Shellpoint to have them investigate, because I told him the property was insured during XXXX. 

I emailed the proof of insurance to Shellpoint. I waited for a response. I called to make sure they received the proof and was told yes they have it, they did not know why the charges had not been reimbursed. No need to go thru all the responses back and forth, but finally Shellpoint ultimately said they were not responsible for the mistake, because they did not own the loan at the time the mistake occurred. I told them Ditech Financial , LLC has filed bankruptcy, and is no longer available to contact about the issue. 

I finally contacted an Attorney for advice. I was told that Shellpoint is responsible for mistakes on the loan, warts and all because they are the Successor of Interest, and as such will be receiving the monies still owed via the XXXX, and the home inspection fees. The Attorney also said that if Ditech and Shellpoint made contractural agreements to absolve Shellpoint of any of their mistakes, since the contract was not of my making there is a 4 year breach of contract option available to me, and it looks like since that time will be sometime in XXXX, Shellpoint is dragging it out so they cant be held responsible. 

Ditech Financial , LLC filed for bankruptcy XX/XX/XXXX Shellpoint a division of Newrez obtained ownership of the loan on XX/XX/XXXX Forced Placed Insurance was placed on the property on XX/XX/XXXX Property inspections kicked in shortly after I was finally told of the XXXX XX/XX/XXXX I the mean time I had made payments thinking they were late charges and short pay charges toward each issue, the dates are the following : Forced Placed Insurance- XXXX {$71.00} XXXX {$71.00} XXXX {$71.00} XXXX {$140.00} XXXX {$28.00} Property Inspection Fees- XXXX {$20.00} XXXX {$20.00} XXXX {$20.00} XXXX {$20.00} XXXX {$20.00} XX/XX/XXXX {$20.00} XXXX {$20.00} XXXX {$20.00} XXXX {$20.00} XXXX {$20.00} XXXX {$15.00} I am sending proof of Ditech Financials, LLCs Bankruptcy Proof the Property at XXXX XXXX XXXX XXXX XXXX XXXX, Ca was insured in XXXX Proof Of the Forced Placed Insurance XXXX and XXXX Inspection fees Proof of corespondents between myself and Shellpoint I would like to pay this loan off , but do not want to pay the FPI, or the Property Inspection fees. If you need anything else for this investigation, please contact me and let me know- XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX Email- XXXX Cell # - XXXX

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