Consumer complaint received 2020-03-25
Company: Shellpoint Partners, LLC
State: MD
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
I am an heir of my father 's property who died in XXXX. At the time a loan assumption paper was signed by me and my siblings ( 4 total ) to assume his first mortgage but the loan assumption was not signed by XXXX XXXX  to bind the contract. 

There are two other mortgages that was deferred until XXXX and XXXX that is good standing. At the time the first mortgage was assigned to XXXX XXXX. During that time we appointed my sister as the legal representative and she tried to assume the loan but did not pass the probation. 

However, during the process XXXX XXXX  sold it to XXXX only in my sister 's name and my deceased brother who was XXXX XXXX and could not XXXX  enough to understand what he was signing ( if he signed it ). Prior to the loan going to XXXX I had to go through a lot to get XXXX XXXX  to give me information about the loan but by the time they did it went to XXXX Because I was an heir and had assumed the loan so I thought. I do not believe that it was fair and I believe that XXXX and Shellpoint Mortgage Servicing violated my rights to the information regarding my deceased father 's loan. And due to their negligence I was not able to get information about the loan until XXXX and learned that she had no paid rent since XXXX. 

My sister abandoned the property and I have moved in to save it from foreclosure which has a sale date XX/XX/XXXX at XXXX XXXX  and Shellpoint Mortgage Servicing will not allow me the time to resolved this matter. Because I they withheld information from me since they first received the loan from XXXX in XXXX and did not discuss it with me until XXXX after reporting it to my credit ( which was disputed because they did not allow me to access any information about the loan ). I even tried to get them to send the information to my P.O. Box but they refused stating that they could only send it to one address ( there was four borrowers ) .I believe that they should allow me 4 years to resolve this matter and not 4 or 6 months because the arrears is now at least 48,000. Had the not refuse to give me information about the loan something could have been worked out before it got to that amount. 

Since sending in documents to FINALLY get access to the account they have added my name to the loan but honestly I do not believe the document that they are basing it on is legal and binding without XXXX XXXX  signature on it ( which means the loan should be still in my deceased father 's name ). 

Upon learning all that I have about the loan I petitioned the court to reopen my father 's estate to have my sisters name removed from legal representative. It was removed and I was appointed the legal representative in XX/XX/XXXX. 

I goal is to get our property that have been in the family since XXXX out of foreclosure and clean up my father 's estate which can not happen in 4 to 6 months. I was told by one of Shellpoint representatives that there was no point in giving an attorney my money to stop the foreclosure with a Chapter XXXX bankruptcy because it will not happen. 

Based on the incomplete documents the loan is still in my deceased father 's name and it was not only in my sister and brother 's name because nothing was officially assumed or modified. 

Due to the confusion that has been created my brother refuses to do a quit claim deed or loan assumption to protect his asset and my sister who was allowed to create such a mess as abandoned the property with no forward address or phone number. 

Given the present circumstance as my father 's personal representative I should be able to either reinstate his loan and have a payment plan for at least 4 to 5 years to pay the arrears without modifying the loan which would require the signatures. 

I have been advised to get from the courts and other agencies to get legal representation but the attorneys that I have spoken to all say that because of the date of the sale they are unable to take the case because of their workload. 

I was referred to you from the XXXX XXXX County Community Development in hope that you can help to stop this foreclosure and five me time to resolve this being that they neglected to give me the information all these years.

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