Consumer complaint received 2023-11-25
Company: Shellpoint Partners, LLC
State: NY
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
NewRez LLC XXXX Shellpoint assessed a predatory late fee of {$64.00} as it failed to and continues to fail to comply with FHFA regulations dated XX/XX/2023 and failed to exclude the cumulative cap on disaster payment deferral or a COVID-19 payment deferral when NewRez LLC / Shellpoint is aware that as per FHFA regulations the cumulative cap does not apply to disaster payment deferral or a COVID-19 payment deferral. 

( See attached exhibit A and B ). 


Simply stated the prior Covid 19 payment deferments are NOT included in cumulative cap and can NOT be used as a basis for denying the current 3 months deferment request. 

NewRez LLC/ Shellpoint does the OPPOSITE. NewRez LLC/Shellpoint uses a prior Covid 19 payment deferment as a basis for denying the current 3 months request. 

I have not used any of the FHFA allowed to be deferred 6 months of payments based on XX/XX/XXXX FHFA guidelines. 
FHFA regulations specifically exclude prior Covid 19 issued deferments as a basis for which NewRez Shellpoint can deny the current 3 months deferment request. 

There is NO CAP that Shellpoint can rely on to to justify their refusal to provide a current payment deferment because cumulative cap does not apply to disaster payment deferral or a COVID-19 payment deferral. 

NewRez LLC/ Shellpoint simply ignore the fact that the previous 21 months Covid -19 deferment as a result of XXXX XXXX XXXXXXXX shut downs which had occured as a result of nationwide disaster and Gov. XXXX executive Orders related to NYC shut downs and shelter in place and Covid 19 deferment can NOT be used as a basis for You have exhausted the maximum amount of allowed deferred payments ; therefore, the loan does not qualify for an additional 3-month deferral due to COVID-19. ( Verbatim from Shellpoints letter dated XX/XX/2023 ). 


NewRez LLC / Shellpoint continues to operate in direct violation of federal regulations despite of their full knowledge of the exclusion of the cumulative cap on disaster payment deferral or a COVID-19 payment deferral. 

This is a second formal request for NewRez LLC / Shellpoint to further elaborate on to why NewRez LLC / Shellpoint continues to fail to exclude the cumulative cap on disaster payment deferral or a COVID-19 payment deferral when NewRez LLC / Shellpoint is aware that as per FHFA regulations the cumulative cap does not apply to disaster payment deferral or a COVID-19 payment deferral. 

This is equally a formal request for NewRez LLC / Shellpoint to remove a predatory late fee of {$64.00} as NewRez LLC / Shellpoint continues to fail to exclude the cumulative cap on disaster payment deferral or a COVID-19 payment deferral when NewRez LLC / Shellpoint is aware that as per FHFA regulations the cumulative cap does not apply to disaster payment deferral or a COVID-19 payment deferral. 


Encl : FHFA regulations exhibit A and B.

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