Consumer complaint received 2023-02-03
Company: Shellpoint Partners, LLC
State: IL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
My family 's mortgage loan was sold to Shellpoint Mortgage by XXXX XXXX XXXX in XX/XX/XXXX. I was told that I was to send XXXX 's payment to XXXX, and then starting XX/XX/XXXX, all payments would be send to Shellpoint. I was also told that nothing would change with the mortgage, it was simply being sold to another company. I received a welcome letter dated XX/XX/XXXX from Shellpoint, showing my payment of {$1600.00} and that, while it was due on the first, they did have a grace period as most companies do. I sent my XXXX payment to the address that I was given by XXXX the 2nd week of XXXX. I had not received their welcome letter ( all mail seems to be several days/weeks behind what it is dated. ) or a statement, so I had waited to see if I needed a payment stub for processing. When this did not arrive, I went ahead and sent the payment in. By the end of XXXX, my check had not been cashed yet, strangely enough. I assumed that it had been lost in the mail and placed a stop on it so that I could issue a new check. However, before I could do this, I received a letter in the mail ( early XXXX ) that I was now 3 months behind on my mortgage payments and owed them close to {$5000.00}. I was shocked and confused, because they had just acquired my mortgage ( in my late husband 's estate/name as I was not allowed to take over the mortgage by XXXX as they stated they could not confirm my identity, despite being on the deed and providing them all documents that were requested. ) I immediately printed my bank statements showing that XXXX had cashed my checks from the previous months and that since they had just taken over the account in XXXX, this was impossible. I mailed in these statements and never heard anything from them. In the mean time I sent in my XXXX payment to the overnight processing address with tracking to see that it had arrived. The check was cashed right away & I assumed everything was ok at that point & so I sent in XXXX 's check with that same method. Again, never received a notice that they had raised my mortgage by {$45.00} in XXXX or even a payment statement, etc. I then received another notice that I was behind 3 months payments in XXXX. The letter was printed off on the exact date that they cashed my XXXX payment. The next day ( XX/XX/XXXX ) I received notice from my bank that they had attempted to cash the payment check for XX/XX/XXXX. They had been in possession of it, but held onto it until they could charge me late fees. It was of course returned, since the check had been stopped. Once again, I sent in documentation of checks cashed from XX/XX/XXXX through XX/XX/XXXX. I then sent in 4 new checks to overnight processing ( that have already been cashed ) for XX/XX/XXXX payment, the reissued XX/XX/XXXX payment, and the 2 checks for the {$45.00} increase to XX/XX/XXXX and XX/XX/XXXX payments. In the mean time, I have received several notices from them that, while they are showing I still owe 2 months payments, they can begin foreclosure on my home despite the 4 month law. They then sent a letter on XX/XX/XXXX, arriving today ( XX/XX/XXXX ) via XXXX overnight, stating that I was aware of being in default & they needed my updated contact information. I also receive a letter last week stating that they had received my request & were looking into my complaints and the fact that they had been collecting and cashing my payment checks but not applying them to my loan account. I am so confused as to how improperly this company is running itself. The lack of quality communication, record keeping, etc is appalling. I have already filed a complaint with the IL Attorney General 's office, but this has not stopped them from sending me constant letters with different default amounts and threats that they will start foreclosure soon, despite my payment checks clearly being cashed upon receipt. I am filing this complain as a next step to get this issue resolved and to have further evidence that I am attempting to get this fixed. They seem to only want to foreclose on my house, since the equity is considerably over the amount we paid/owe. My husband passed away at just XXXX, we have XXXX kids under XXXX, and we have been through enormous loss ... my father & XXXX XXXX.. all within 3 weeks of my husband. We have done all that we can to stay in our home & I refuse to let some shady business come in and steal it from us when we are paying on time, and each month. I would appreciate help getting this solved asap. I will obtain a lawyer if needed, and have told them I will pursue any and all legal action, as I have done nothing wrong. They can not keep cashing my checks and claiming that I have not paid. It's just unfathomable how they are still in business!

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