Consumer complaint received 2023-10-24
Company: Shellpoint Partners, LLC
State: IL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage
Sub-issue: Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure

Complaint:
My husband and I moved here in XXXX and we started the purchase process for our new home located at ( lot XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX also known as XXXX XXXX XXXX XXXX XXXX XXXX, Illinois XXXX in XXXX of XXXX. We put down {$15000.00} at closing and that left {$210000.00} that extended our credit 12 CFR ( XXXX ) XXXX. We were not aware that this put a first lien on our home, XXXX XXXX. Now they want to foreclose on me, with this new contract I received today, and I was doing what I was guided to do by Shellpoint. The down payment was part of our anniversary gift. We closed on XX/XX/XXXX. My husband XXXX. XXXX XXXX passed away on XX/XX/XXXX. He never had a chance to enjoy our home, because he was so sick, he was XXXX  for 8 months prior to his passing away. We worked hard for this home, not to be taken away due to so many breaches of contracts. I knew that I had to get all my business in order after the loss of my husband, so I called Shellpoint and asked what our payment was and about some concerns I had seen in our contract. I noticed the MIN # XXXX and below that XXXX phone # XXXX so I called on XX/XX/XXXX, and asked can you explain what a XXXX is, I did not get her name, she proceeded to say we monitor your mortgage payment, " I asked what my standing payments look like, and I asked this because our contract was sold to a debt consolidation agency Shellpoint '', and she said XXXX I can not help you, you need to call your Mortgage company. I said XXXX, they are not willing to answer my questions, and you just told me that you monitor mortgage payments, so why can I not get my information? She got nasty and said I am ending this call and hung up on me. In my contract, it states " XXXX  '' is a XXXX XXXX XXXX XXXX XXXX XXXX XXXX  is a separate corporation that is acting solely as a nominee for Lender and Lender 's successors ( thats me ) and assigns. XXXX  is the mortgage under this Security Instrument. Lender " XXXX XXXX XXXX ''. So I reported this to XXXX on XX/XX/XXXX and heard nothing back from them so I sent them another report, but this time I scheduled an appointment for XX/XX/XXXX, at XXXX XXXX  XXXX, I waited for a couple of hours and received an email that they wanted me to call them at XXXX XXXX. Now this was already about XXXX on XX/XX/XXXX, so I called the number they left on the email and left a message. At approximately XXXXXXXX XXXX  XXXX a gentleman called me and he said his name was XXXX and how he could help. I explained to him my experience when I called XXXX  and he said that he could not help me and that everything on the site is free information, yes sir that is true, however, there is a place where you can file a complaint and that is what I did and you're telling me that there is nothing that you can help me with, no XXXX. He told me to go back online and file an audit complaint. There is a fee for that. I said wait a minute you're saying you can not help me, and I need to pay for a service to get help. This is why I filed a complaint. He said mame call XXXX at XXXX and tell him XXXX sent you bye. Wait wait sir I am not done, so there is nothing that you want to help me with? No bye, XXXX was very short and rude. So as I continued looking over our contract I came across many discrepancies. It came to my knowledge about forbearance. I was able to make XXXX, XXXX, and XX/XX/XXXXXXXX  payments of {$1500.00}, then I was struggling, so they said because of my loss they could help me out with a forbearance they asked if this would help, and I said please explain, so they went on to tell me this is because you're in a hardship and we want to help you out because we know how this has and can affect you. Now what they did not say was that this was going to have to be paid back and or added to the back of our loan. So as a grieving widow, I put all my trust in them, because I felt they were protecting me and our XXXX XXXX, and our best interest was that this is our primary home, however, they have me in default and foreclosure and I want to know how and why? So as I continued to read our contract line per line I noticed many things. First off " banking is NOT money lending ; to lend, a money lender must have money. The fundamental banking activity is accepting, that is, guaranteeing that some party is creditworthy a bank, by accepting a debt instrument, agrees to make specified payments if the debtor will not or can not 12 USC 1431. So then who did we borrow this money from? XXXX XXXX XXXX XXXX XXXX then sold it to XXXX XXXX XXXX  then they sold it to NewRez, and now NewRez has sold it to Shellpoint, a debt collecting agency. Now the ONLY contract we ever signed was XXXX XXXX XXXX, so right there are 4 new contracts one is incomplete without the signatures of either myself, my late husband, our attorney, or the underwriter, and the other 3 contracts where are they? What is the statute of limitations for breach of contract in Illinois? The general rule is that you have five years to sue on an unwritten ( oral ) contract or agreement and ten years on a written contract. The day we were signing our contract the Notary was not present. I asked where she was and the attorney said she would sign and notarize all documents later, I said by law she has to be here to witness and verify our signatures, and our attorney said it was okay ( Security Fraud ). I have noticed that our contract had been sold multiple times and we were not aware, nor did we sign a new contract with the newly established mortgage company NewRez or Shellpoint. Then our contract was sold to a debt collection agency in an attempt to collect a debt. " Newrez LLC dba Shellpoint Mortgage Servicing is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Newrez LLC dba Shellpoint Mortgage Servicing 's NMLS ID is XXXX. '' Shellpoint Mortgage servicing utilizes third-party providers in connection with the servicing of your loan. Every time I ask about this they have lied to me and say they are not a debt collecting agency. They will not give me a reason as to why that is. I said I have never been late nor am I behind so why am I in collections? XXXX said that they work within NewRez therefore they are not a third-party debt collector, but any debt in collections is a third party. I have found so many breaches of contract XXXX ILCS XXXX. XXXX negligence contributing to forged signature or alteration of the instrument, where they forged my son 's initials 5-109 Fraud and Forgery, time at our previous residence was incorrect, and our SSI amounts that we made, they put my husband as making {$1600.00} and he was ONLY making {$1200.00} and had me at making {$1900.00} and I only made {$900.00}, they took our SSI award letters and did ( security fraud ) by changing the number to fit their numbers, XXXX. SSA UCC Article 8 Investment Securities ( 1994 ). 8 U.S. Code 1324c - Penalties for document fraud They said that our son was a dependent and that is not true. Documents were not signed, and our names were not done correctly First, Middle, Last. No signature from our attorney. The Affidavit of Title is not our name. We are not dead XXXX XXXX XXXXXXXX ( not subject to military law ) I am a living person XXXX  XXXX I do not identify as 14th, nor the 16th amendment. Why is my husband 's name ONLY on some of these pages of the contract if we both should be on all documents and why did they have to use our son 's name and social Security status? Again to finagle with the contract ( security fraud ). 
When we signed our contract we were NOT told that they put a lean out on it, when they said we were approved for the loan no money was exchanged into our hands that is where the lean came from. 12 USC 8 3A when we signed our documents on XX/XX/XXXX, within 45 days from that date our home was paid in full, with our XXXX XXXX. ( security fraud ) what they did was monetize our loan behind our backs. What does monetize mean? In the banking sector, monetize may be used to mean the process of turning an asset into legal tender. It can also be used informally to mean the exchange of possession for a cash equivalent such as charging fees for intellectual property or selling a security interest. What do you mean by legal tender? 
Legal tender is anything recognized by law as a means to settle a public or private debt or meet a financial obligation, including tax payments, contracts, and legal fines or damages. What is the exchange of possession for a cash equivalent? Cash equivalents are securities that are meant for short-term investing. Normally, they have solid credit quality and are highly liquid. True to their name, they are considered equivalent to cash because they can be converted to actual cash quickly. Credit quality is a measure of the financial solvency of an individual or an entity such as a company or a government. Specifically, it is an evaluation of the ability of that person or entity to repay their debts. 
Our very own trust money was what paid for the down payments and the loan, however, there should have been no down payment 12 CFR ( XXXX ) XXXX, if our credit was extended 15USC 1662. So Shellpoint is double dipping and wants more money. On legal documents, our attorney scratched out our information and put her information ( security fraud ) ,8 U.S. Code 1324c - Penalties for document fraud. 
It also states that we purchased this property ( lot XXXX in XXXX XXXX XXXX XXXX XXXX XXXX XXXX also known as XXXX XXXX XXXX XXXX XXXX XXXX, Illinois XXXX for {$10.00}. How can we qualify for FHA Loan # XXXX MIC # XXXX ( first-time home buyers ) 42 U.S. 12852 when this is our 3rd home purchase? And also have a HUD Addendum to Uniform Residential Loan Application? Now we are at 6 breach of contracts. We were never aware of a HUD Application Loan and there are NO signatures. Part IV ( page 3 ) Direct Endorsement Approval for a HUD FHA- Insured Mortgage was NOT signed by the underwriter, nor was the Mortgagee 's Certification signed nor dated there are 8 breaches of contract and that number keeps increasing. There were documents that were not in our package that I found online and printed them and they were important documents. Our payment statements came as follows : XXXX XXXX XXXX XXXX. After my husband passed I sent them his death certificate within 5 business days and he passed on XX/XX/XXXX, and on XX/XX/XXXX, everything started coming as follows : XXXX XXXX XXXX XXXXXXXX XXXX XXXX. 9-202 Title to Collateral Immaterial, my contract says that I have given my home ; my primary residence as collateral, no I did not, and again was not explained. I have a XXXX XXXX son. I would never agree to something like this. When we went in to sign these documents our attorney was speaking so fast that we did not know or understand and when we asked questions she would get frustrated and say we needed to hurry up. I have another appointment. My husband was very sick ; he was XXXX. At this point, he was just doing what our attorney was asking because he was so tired and needed to get back home. 
Back on XX/XX/XXXX, I called Shellpoint and spoke with XXXX XXXX. I asked her for a copy of my entire contract with them, not once was anything mentioned to me that my home was in foreclosure or default 15 USC1692 ( 1 ), which I knew there wasnt a contract because we never signed any new contracts. However, she said I would send you the closing documents, I said no I want the entire contract from A-Z, and she said I would receive it in 7 days, here we are on XXXX the XXXX and I do not have that contract, however, I have a new contract loan # XXXX that was delivered today XX/XX/XXXX, by XXXX for {$20000.00}. I called Shellpoint and spoke with XXXX XXXX. I asked her what this new claim was for and she said that it was for the {$20000.00} to be added to the back of your loan, then why did you take out another contract ( bond ) if this was going to the back of my loan :? Now again this has extended my credit 12 CFR ( XXXX ) XXXX, upon my knowledge as of today. This was never brought to my attention until today, you said that I qualified for this new program, and that was it. How did I qualify for this loan? XXXX said those are the questions I asked you over the phone. I said are you serious? You did not explain what you were doing nor inform me that this is what you were doing, and I just got this new claim in the mail. Who is the XXXX? XXXX said that it is the program that you qualified for, how when I did not authorize this and my credit score is in the low XXXX and I have tried to get a loan at the bank and was denied because of my credit, so please tell me how I qualify for {$20000.00} because I don't, I only receive {$19000.00} a year from SSD, again ( security fraud. ) I was never told that this was the process that they were taking, they said I quote " This is going to the back of your loan '', so you want me to pay an additional {$20000.00} on top of {$210000.00} which comes to a grand total of {$230000.00} To which I did not agree too. She said this changes nothing about your existing loan, but it does because the numbers do not add up. If I take this even further in my contract it states by the end of my maturity date XX/XX/XXXXXXXX  we would have paid {$340000.00} thats without this new claim. At the end, I am going to put some numbers together and they do not add up. There are no numbers the same. Where is this application that I called about? That you said I qualified for and Yalls approved me? I never signed anything, but their cover letter says I quote ; ( Congratulations, you are approved for a Standalone Partial Claim. ) Their form of application is talking over the phone and answering some questions. I said no, that is not an application XXXX, I didnt autograph anything giving you or your corporation to approve me or to extend my line of credit 12 CFR ( XXXX ) XXXX. 
What does claim mean state or assert that something is the case, typically without providing evidence or proof. I told XXXX I wanted the contract that I requested back on XX/XX/XXXX, to be XXXX  out to me and she said I could not do that I said I have the right to request what's mine and how I want it delivered, she said that's impossible. Okay, I understand no worries I'll go Public and Press the Record. Here they are still claiming off my deceased husband. We recently completed an evaluation of your application, for loss mitigation ( the action of reducing the severity, seriousness, or painfulness of something. ) assistance and we are pleased to inform you that you are approved for a standalone Partial Claim, what application? I filled nothing out nor agreed in writing, meaning to make a contract it takes 2 people 2 signatures. She gave very detailed instructions on filling out this new contract that I did not agree to. I was to date everything as it is dated on the contract XX/XX/XXXX, ( security fraud ) and we know that is not the correct date, ( ALL dates on signature lines and acknowledgments must MATCH ). 
At the top of page 1 of 3, it says in bold lettering ( ILLINOIS PARTIAL CLAIM NOTE SECONDARY LIEN ) What is a second mortgage loan or " junior-lien ''? A second mortgage or junior lien is a loan you take out using your house as collateral while you still have another loan secured by your house. I did not agree to this, and this was not discussed with me on the phone so, XXXX XXXX said you qualify for this new program, instead of paying all this lump sum of {$19000.00} we are going to just tack it to the back of your loan. Then why do I have a new contract? That I did not consent to? 
A standalone Partial Claim is a XXXX-interest, so why is this {$20000.00} if there is NO interest as of XX/XX/XXXX, it shows {$19000.00} there is a difference of {$500.00}, and this is a subordinate lien from the U.S. Department of Housing and Urban Development ( HUD ) and has to be paid in full upon maturity of the primary note on or before XX/XX/XXXX, primary note and related mortgage, deed or similar Security Instrument are no longer insured by the Secretary. My husband and I locked in our interest rate and payment, for our protection so it could only go down never up. They have my payments going up to {$1500.00}, but this new contract loan # XXXX statement says I can resume making EXISTING monthly payments and that is in the amount of {$1500.00}. And she said that {$1500.00} is for XX/XX/XXXX, starting XX/XX/XXXX, your new payment will be {$1500.00} for a year then it will go down to {$1500.00}. Wait BUT you just told me that nothing in the existing loan changed, but it has in so many ways, without my authorization or autograph. You're telling me this is not a new loan but on this new claim that you just sent me for the {$20000.00} then why does it have the word borrower? What does the word borrower mean? For the purpose of this subsection, the term borrower means an individual who is a new borrower on the date such individual applies for a loan under this part for which the first disbursement is made on or after. 20 USC 1087e ( f ) ( 3 ) So this is telling me there has been a change, Where's that change on paper? ALL this is from losing not just my husband, but loss of his income. This is what Shellpoint called Forbearance. So on this new contract, they are still claiming on my deceased husband 's SSI # and you can not claim on a dead person, why is his name not on this new contract whether he was the head of household deceased or not, because you said, XXXX XXXX, that this doesn't change the existing contract, but it does, because youre still using his SS # and his information. How can I qualify for this loan when I ONLY make {$19000.00} a year? seized In a legal context, seized may be used to refer to a situation in which the government has taken forcible possession of the property, as in seized property. For instance, the US Department of Treasury makes auctions of seized property for sale throughout the United States. So you're taking something that is legally mine as a consumer because it was fully and totally paid for when we signed our documents within those 45 days. Page 3 of 5 in bold writing ( REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGE OR DEEDS OF TRUST ) 15 USC1692 ( 1 ) this is news to me, no one has brought this to my attention, nor have I seen any paperwork in regards to default, foreclosure, nor have I seen any paperwork that this has EVER been sold to a DEBT COLLECTION AGENCY, as a consumer I have those rights. 


{$210000.00} ( credit ) if these are credits why are they adding and not misusing + {$12000.00} ( credit ) ______________ {$230000.00} ( total ) this should read {$200000.00} {$230000.00} - {$15000.00} ( down payment ) __________________ {$210000.00} ( tota ) {$230000.00} ( new amount ) + {$20000.00} ( new claim as of XX/XX/XXXXXXXX  ) _________________ {$250000.00} ( total ) {$340000.00} ( this is what we will pay at the end of the term w/o the additional {$20000.00} ) {$20000.00} ( new clam XX/XX/XXXXXXXX  _________________ {$360000.00} ( this will be a 30-year maturity in XX/XX/XXXXXXXX  )

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