Consumer complaint received 2023-10-27
Company: Shellpoint Partners, LLC
State: NY
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Newrez dba Shellpoint is inaccessible during regular office hours for a meaningful response and purposefully prolongs resolutions. Shellpoint manipulates information with the escrow numbers to intentionally deceive when Shellpoint knows that they never intend nor will resolve the post forbearance balance and will place a consumer in default.

Similar fraudulent practices of placing a consumer in default by misrepresenting escrow payments are described in detail by another consumer in military, a XXXX with a top secret clearance in a class action litigation : Martin v NewRez, LLC d/b/a Shellpoint Mortgage filed in Federal Court in California ( attached hereto as exhibit 6 ) To somehow justify their deceptive actions and their previously emailed explanation that their point of contact is unable to make an outbound calls for some reason my system continues to suppress the call ( see exhibit 1, see emails dated XX/XX/XXXX and XX/XX/XXXX ). Shellpoint falsely states that they tried to contact some other unknown phone numbers when they knew or should have known from my records, from numerous official and government complaints I filed in XXXX, XXXX and numerous emails sent to them that my number is ( XXXX ) XXXX. 

Moreover, my recent request to Shellpoint through a secure dashboard, my application, the required questionnaire completed through their secure portal on XX/XX/XXXX list the one and only phone number ( XXXX ) XXXX. 
On XX/XX/XXXX, I filled out an application on the Shellpoint dashboard, a required questionnaire and a request for a call back on ( XXXX ) XXXX to resolve along with providing the said contact number to Shellpoint ( see exhibit A ) Shellpoint did not resolve. Shellpoint never intended to resolve. The phone numbers indicated in their letter on page 2 were not provided to Shellpoint in neither their online application nor their contact form on their dashboard. In fact, the very first message sent to me via dashboard in response to my XX/XX/XXXX request is dated yesterday, XX/XX/XXXX with the loan being in default because of Shellpoints failure to resolve. Shellpoint did not send any messages via dashboard prior to their one and only message dated yesterday XX/XX/XXXX. ( See attached exhibit C ). 
Despite of my numerous attempts to timely resolve, Newrez/Shellpoint never responded to my numerous calls prior to the due date of XX/XX/XXXX with an explanation that the assigned point of contact XXXX XXXX can not call back and is unable to make an outbound calls for some reason my system continues to suppress the call ( see emails dated XX/XX/XXXX and XX/XX/XXXX -exhibit 1 ) when they communicated with me, received formal complaints from DFS and Attorney Generals Office listing my phone number as ( XXXX ) XXXX for years ( exhibit B ) and as my phone number ( XXXX ) XXXX was never changed to any of the phone numbers listed on page 2 of Shellpoints letter. 

Shellpoint refused to provide the name and phone number of any alternative or second point of contact when their first point of contact is unreachable to timely resolve. 
Attached is the recording of their phone tree routing to leave a voice message for a point of contact. When I inquired of an alternative or second point of contact name and phone number who could timely assist, my request was ignored. ( See exhibit D ). 
I called, faxed and emailed Shellpoint multiple times and received no response ( logs available on request ). 
I equally cced Shellpoints attorneys of XXXX XXXX ( XXXX XXXX and XXXX XXXX ) on my communications with Shellpoint prior to lodging official complaints equally stating that I am able to resume my monthly payments starting XXXX which Shellpoint received but again refuses any resolutions. 
Shellpoint could not and did not meaningfully respond as to them issuing a deceitful pre-approval of the deferment on XX/XX/XXXX stating that my balance that had been accumulated during the forbearance would be placed at the back of the loan inclusive of the XXXX payment and contingent on the escrow shortage payments projections. ( Exhibit 2 ) Such pre-approval was deceitful because XXXX never intended to resolve as I was told to withhold my XX/XX/XXXX payment because Newrez/Shellpoint misrepresented that it would be applied to the back of the loan and that the amount of payment would change slightly from my regular {$3700.00} to around {$3700.00} subject to final approval. 
On October 12th, 12 days past the deadline, I received an urgent call that XXXX can no longer process the payment deferment and would not allow me to resume my monthly payments because you have exhausted the deferment option previously on XX/XX/XXXX you received a 21 month deferment this is the maximum allowable for covid hardship which was known to Newrez/Shellpoint as an event that occurred a year and a half ago and known to Newrez/Shellpoint before providing a pre- approval dated XX/XX/XXXX which was contingent on the escrow disbursement payments. ( Exhibits 2, 3 ). 
Shellpoint knew or should have known on XX/XX/XXXX, the date of the issuance of their pre approval of the deferment ( of the amount accumulated during forbearance to be placed on the back of the loan ) that they would retract it on XX/XX/XXXX based on you have exhausted the deferment option previously on XX/XX/XXXX you received a 21 month deferment this is the maximum allowable for covid hardship. Because Shellpoints denial on XX/XX/XXXX is based on the event known to Shellpoint to occur in XX/XX/XXXX which is over a year before Shellpoint issues a pre-approval dated XX/XX/XXXX. ( Not to mention that approval of prior deferment should not be the reason for denial of current approval and retraction of their prior pre-approval dated XX/XX/XXXX ). 

Shellpoint deceiptful practices include : XXXX ) usage of unknown phone numbers instead of my number ( XXXX ) XXXX when they knew or should have known that my number is ( XXXX ) XXXX which was never changed to any other number, 2 ) their point of contact unable to make an outbound calls for some reason my system continues to suppress the call ( see emails dated XX/XX/XXXX and XX/XX/XXXX -exhibit 1 ), 3 ) their refusal to provide a second point of contact name and phone number ( exhibit D ) and most importantly 4 ) their refusal to correct as stated in their letter dated XX/XX/XXXX pertaining to Shellpoint XXXX of pre approval of the deferment ( of the amount accumulated during forbearance to be placed on the back of the loan ) that they retracted on XX/XX/XXXX based on you have exhausted the deferment option previously on XX/XX/XXXX you received a 21 month deferment this is the maximum allowable for covid hardship- the fact known to Shellpoint XXXX XX/XX/XXXX when they issued the pre-approval dated XX/XX/XXXX and then retracted it on XX/XX/XXXX. 

As of today Newrez dba Shellpoint failed to correct or remediate with a clear indication that at all times Newrez XXXX XXXX actions to mislead were willful and intentional.

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