Consumer complaint received 2023-07-14
Company: Shellpoint Partners, LLC
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Our primary residence has 2 mortgages on it. The first lienholder is XXXX XXXX serviced by Shellpoint XXXX. I had an extended forbearance beginning in XX/XX/XXXX when covid hit and my business was shut down. Our servicer continued to extend the forbearance as covid continued to keep my industry, XXXX XXXX, shut down for some time. When things started to clear up, I unfortunately suffered a medical emergency which caused additional hardship. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I survived and learned to breathe, talk, walk and eat again. After several weeks in the hospital, I was diagnosed on the day of my discharge with XXXX. Due to this, I could not see my family, I could not work, or earn income for 45+ days. 

We stayed in touch with our lenders. We were offered Loan modification however at the time we were not able to make the payments and we were transparent with them. I let them know that I was sick and that I needed to rebuild our income, that the house is our priority and we would pay as soon as we were able. The modification amounts worked, however, I needed several momnths to build back up to that amount to be able to pay. They said they would check back in a few months. 

Once we were able to start paying again, I reached out as promised and was told that the loan modification was not an option anymore. This was in the fall of XXXX. I was told that the forbearance was extended again. They wanted me to pay {$30000.00} to reinstate and I obviously did not have that at the time. Again they said they would check back in a few months. 

We started getting forcelosure letters from hundreds of attorneys. We were flooded with these. It was a huge stresspoint for our health and relationship. We fought through it. I had applied tof XXXX at the time. I first called shellpoint and I told them I was 100 % able to make the loan modification payments that they had offered just a few months ago. I was again told that was not an option, and they said I could just give them the deed to the house and they would not foreclose. I could not do this, I explained to them that the equity in the house is every XXXX that we have to our name since covid ruined my businesses I emailed them also at this time and notified them that we were in the application process for XXXX. That they could get us up to {$75000.00} if we were approved so we could get this to them and get back on track. They acknowledged this and said to let them know what happens. 

We continued to provide application conditions to the processing and underwriting departments at XXXX, this went on for 5-6 months. During this time, I notified Shellpoint that we were in process 4 times in writing. I also had the processor from XXXX  notify them in writing. However, they did not stop their pursuit to foreclose on our home. 

I asked many times to please give options so we can make it work, but they said at this point we either have to give them the deed or pay {$100000.00} to reinstate the loan. It was at this point I found out about the moratorium for hardship victims who have XXXX XXXX or XXXX XXXX  owned mortgages. It stated if you are in the process of trying to get approved for XXXX, that your primary servicer can not start foreclosure and if they had started they have to discontinue for sufficient time for us to try to get the assitance loan. 

They ignored this completely. Not only that, but they completely ruined my credit, which cutoff my ability to earn any income, as I need to use my credit to invest and earn income. We were also embarrassed by the tactics used to serve us in front of guests, as well as the overflowing of letters, and calls to my wife 's family about the foreclosure. 

We suffered major treble damages, financial damages, emotional damage, and still today, they continue to aggressively pursue and try to take our home and get us to give them the deed. They never acknowledged that we are in process with XXXXXXXX, and have even called my employers, past partners, previous mortgage lienholders, and have ruined my reputation in my industry. 

I have struggled to find an attorney who knows about this specific moratorium. I have tried all of the websites, I have spoken to several who said we have a very strong case with significant proof of damages, however they can not take it because they have no experience with this specific instance. I finally found 2 attorneys who would like to take this case. They both feel very strongly about it, however I do not know if I can afford their retainer. I'm trying to get funds from family to help because they are very expensive. 

I am looking for assistance here to stop this predatory activity, as well as legal representation to save our home, and also to file suit against the servicer due to their negligence and wrongful and predatory foreclosure practices. 

We are broken at this point. If the bank makes us pay the hundreds of thousands in penalties and foreclosure fees, we will be ruined. We have equity in the home, and we have a buyer who will pay top market for it, however, we can not sell if the bank is going to go back on their word and use our XXXX hardship against us to try to get the house as they know now the equity that it has. 

I am very grateful for the opportunity to present this complaint. If there is anything additional you require please do not hesitate to let me know and I'll provide immediately. 

Sincerely, XXXX XXXX XXXX XXXX Address of property : XXXX XXXX XXXX, XXXX, NJ XXXX XXXX Cell Phone : XXXX XXXX XXXX XXXX : XXXX Thank you again!

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