Consumer complaint received 2023-12-04
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home 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:
On XXXX XXXX XXXX  I was notified that a Notice of Default was filed on my home due to delinquent payments that were not made due to an unforeseen hardship. I made contact with Shellpoint Mortgage Servicing and spoke with Loss Mitigation Representative, XXXX XXXX. During that call, arrangements were established to send {$120000.00} via wire. On XXXX XXXX XXXX  he sent me wiring instructions via e-mail from an e-mail address of XXXX  and confirmed my wire was received and applied to my mortgage loan on XX/XX/. He advised verbatim that everything looks good to continue payments as we discussed. He advised that I would receive a forbearance agreement in the mail concerning these arrangements which I never received. He also advised me that within a week, he would advise the total amount it would require if I was interested in reinstating my account and that the NOD would be cancelled once my loan was fully reinstated. I was under the impression that the foreclosure was suspended. An additional wire was sent to Shellpoint in the amount of {$15000.00} in accordance with our verbal arrangements which was verified received on XX/XX/. I waited several weeks for this forbearance agreement outlining the terms of our arrangement which allows partial payments to be made however ; never surfaced. Thereafter I receive a Notice of FC Sale Date XXXX It is my believe that this is a wrongful foreclosure due to the following ; ( 1 ) I never received a forbearance agreement outlining the terms of our agreement ( 2 ) That the funds were accepted and remained applied to my loan from XXXX XXXX XXXX to present. ( 3 ) That acceptance of funds validates that there were arrangements and that my foreclosure should have been placed on hold ( 4 ) I have written e-mails from XXXX XXXX with Shellpoint that partial payments would be accepted and applied. After being notified of the Foreclosure sale date, I contacted Shellpoint on XX/XX/XXXX and spoke with XXXX to get an explanation as to why my foreclosure was not suspended and why the funds in the amount of {$140000.00} were never applied. She reached out to a supervisor and advised me that the funds would be applied and to allow 24 hours for posting and that I would see it online the following day. She also told me that I would get a letter as to why the funds were never applied within one week. Furthermore, I was told that there was no formal agreement in place and that a forbearance agreement was never generated by XXXX XXXX concerning such arrangements. I was also advised today XXXX XXXX XXXX XXXX XXXX XXXXLoss Mitigation that a " Breach Letter '' was generated on XXXX XXXX XXXX  and that I had 30 days to cure the default before my loan would enter foreclosure. He said that MY LOAN WAS REFERRED TO FORECLOSURE IN ERROR. I was also advised that my funds were reversed off of my loan as of XXXX XXXX XXXX  and that they were not able to advise if it was mailed back to me or wire back to an account that has now been closed.

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