Consumer complaint received 2022-06-15
Company: Shellpoint Partners, LLC
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
In XXXX, I filed for divorce. In XXXX, I applied for my mortgage on my home. At the time, we were still legally married. I understand in the state of Florida, it being a spousal state, I had to have him sign my mortgage/ '' deed of trust '' and acknowledge that I was taking out the debt but he is not listed as a borrower nor is he on the recorded Warranty Deed. 

Our divorce was uncontested, aside from custody. I have financial affidavits to show that he claimed his vehicle and debts, I claimed my vehicle, my home, and my debts. We did not fight for each other 's things, only argued custody. 

I have also provided Shellpoint Mortgage Servicing with my divorce decree from a judge solidifying the magistrate 's write up on our divorce that we do not have rights to each other 's debts or personal property. Shellpoint stated that my home does not count as " personal property '' nor would they honor the verbiage stating my now ex husband has no rights to my debts as well. Shellpoint has stated several times that I needed to file a quit claim deed and remove my ex husband. My ex husband was never listed on the warranty deed, which is the only document I could file a quit claim on. They then changed their argument to " he needs to be removed from the deed of trust or we must have his signature on any modification you do on the home '' although we are divorced and have no legal rights to each other 's things. Also, they refuse to acknowledge that the lender is the only one who can change the mortgage paperwork/deed of trust now. I can not file any quit claim to remove him from those specific documents as they are not what matters, per the county and title companies, on who has rights to the home.

Shellpoint mortgage servicing also never informed me that my home was moved into foreclosure or was even in pre-foreclosure on any phone calls or emails between them and myself or my POC. I am also currently, continuously receiving statements while in foreclosure as well and Shellpoint was still attempting to collect money, on every phone call, while I was on a forbearance plan, prior to requesting the modification. 

I was also informed by 2 employees at Shellpoint that they had a copy of my Title on file and that it stated my ex husband 's name on it. Both stated I could be provided a copy through customer service and that they would transfer me. Unfortunately, both employees chose to disconnect the call, rather than transfer me. Upon calling back and speaking to someone else, I was informed Shellpoint does not have a copy of my Title on file, so there is no way they could send me such a document. 

My POC never escalated my calls, regardless of my request, to a supervisor. I was finally able to speak to someone after calling and requesting a supervisor 3 times. 

I was also told by 2 separate employees that there shouldn't be an issue with me receiving my modification with my name alone on the documents, my ex husband not needing to sign it or be involved and that was denied as well.

It boils down to Shellpoint Mortgage Servicing is refusing to proceed with any modification on my mortgage, without the consent/signature of my ex husband. Who is a nonobligor, not on the Warranty Deed, nor is he a borrower to the loan, he has no legal rights per our court order or how the paperwork is written.

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