Consumer complaint received 2022-02-11
Company: Shellpoint Partners, LLC
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I previously filed a complaint against Shellpoint Mortgage Servicing. Loan # XXXX Shellpoint Mortgage Servicing from XX/XX/XXXX to XX/XX/XXXX the account was in forbearance related to COVID. Upon our termination of the forbearance, we were offered options to pay the amount deferred during forbearance. We were offered a trial loan modification, which required three payments of {$1900.00} to be paid XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. We made those three payments as instructed. We were then told we would receive the final loan modification document with the exact amount for ongoing payments, which would likely be the same amount as the three trial payments. Shortly thereafter, we were informed the loan had transferred to XXXX XXXX. We subsequently found out that the information Shellpoint transferred to XXXX XXXX reflected the amount deferred during forbearance as past due, which now has XXXX XXXX handling the loan as though it's delinquent. We also received a document from Shellpoint that the loan was in default and in jeopardy of foreclosure. We then received another document from Shellpoint that our account was being reported as delinquent to the credit bureaus. I contacted Shellpoint about this and was told there was nothing they could do since they are no longer servicing our loan. 

On XX/XX/XXXX, I received a response from XXXX XXXX in Shellpoint Mortgage Servicings Compliance Department. The response is attached. 

1. XXXX XXXX, on behalf of Shellpoint Mortgage Servicing, acknowledged that the account was in COVID forbearance from XX/XX/XXXX to XX/XX/XXXX. 

2. XXXX XXXX, on behalf of Shellpoint Mortgage Servicing, acknowledged that XX/XX/XXXX through XX/XX/XXXX the account was in a trial modification period, and the payments were paid as agreed. 

3. XXXX XXXX, on behalf of Shellpoint Mortgage Servicing, acknowledged that Shellpoint Mortgage Servicing placed the account in default and reported the account to credit bureaus as delinquent. 

Since XX/XX/XXXX I have made 20 phone calls attempting to speak with XXXX XXXX. No calls have been answered. Calls are always sent to voicemail. I have left messages, but have not received a single return call. 

Shellpoint Mortgage Servicing is in direct violation of the CARES Act. 

The Coronavirus Aid, Relief, and Economic Security ( CARES ) Act, Pub. L. No. 116-136 ( XXXX. XXXX, XXXX ), at section 4021, amends the Fair Credit Reporting Act ( FCRA ). A new subparagraph ( F ) is added to 15 U.S.C. 1681s-2 ( a ) ( 1 ). 

Pursuant to requirements in the CARES ACT Shellpoint Mortgage Servicing CAN NOT report the loan as delinquent and CAN NOT place the account in default because the loan was in COVID forbearance from XX/XX/XXXX through XX/XX/XXXX, and in modification from XX/XX/XXXX through XX/XX/XXXX. 

I am certain Shellpoint Mortgage Servicing is aware of the CARES Act requirements, therefore I can only surmise that Shellpoint Mortgage Servicing is willfully violating the CARES Act and willfully causing us harm.

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