Consumer complaint received 2018-07-24
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I have been struggling to pay the mortgage as a result of my husband having a a XXXX XXXX/XXXX in the last two years. We are self employed with two different sources of income. We have a business my husband runs, a small XXXX XXXX, when he fell ill, our income dropped dramatically as he could not work in the XXXX. We also took care of XXXX XXXX, but I had to give this up as well, due to our situation. 

As a result of our financial situation, I reached out to Shellpoint and Keep Your home California. I had to focus on one as I was advised that I could not apply simultaneously. After months of submitting documents to Keep Your Home California, I was denied because my DTI ( debt to income ratio ) was a fraction of a % over 38 %!! Initially they had calculated the the DTI incorrect audit and it was just under 38 %. I was told that it had to be at least 38 %, then at 38 % so I was told one thing and denied for another. The denial came in XXXX. I then had the documents prepared for Shellpoint Mortgage. I kept sending them the requested documents and revising to what they were requesting. While I was in the process of submitting the documentation, I was sent a trustee sale for XX/XX/XXXX! I immediately asked for a postponement, and the person assisting me was also requested a postponement. This of course is extremely difficult and has also caused a physical strain on my husband and myself. 

I have provided everything Shellpoint requested and the ratios are within the parameters of their program for modification. So I submitted ALL of the documents requested, the representative and I followed up to request a postponement once again, and I was told that Shellpoint had to review the documents before they could postpone. The representative assisting me, spoke with Shellpoint 's representative and advised that they should be able to postpone at the point Shellpoint had ALL of the documents. Finally as of XX/XX/XXXX the representative finally confirmed receipt of ALL of the documents in the manner that I was advised to submit. Couple of days later I was advised that the postponement had been granted and was extended to XX/XX/XXXX. 

I had the hope that we would be properly reviewed and granted a modification because all of our documents were submitted just as the servicing company had advised, with all of the changes requested,  with more documents requested upon submitting the first documents. 

Then on XX/XX/XXXX I received a letter advising that I needed more documentation but it appears it was the same information I had sent them or requesting more of the same. The letter was dated XXXX, it was postdated XXXX, and I was asked to submit the documents by XX/XX/XXXX, while I received the letter on XX/XX/XXXX. Of course I was in stress mode! The representative reached out to my lender XXXX, however did not connect. Finally on XX/XX/XXXX, she was able to speak with a Shellpoint agent, Ms. XXXX, who then proceeded to advise that my modification was denied as of XX/XX/XXXX. My advocate representative advised that I was not given the opportunity to go over the letter dated XXXX requesting more documents. Ms. XXXX then advised that she was not denied because of the documents, but due to previous modifications! This had not been discussed before. I had received a modification back in XXXX because a I had a toxic loan initiated with XXXX  XXXX XXXX. However, as I mentioned originally, we fell upon difficult times as business fell, and my husband had the XXXX XXXX, which devastated our income and our lives. Our family needs your assistance and the bank 's assistance to allow us to keep our family home. 

Additionally, Peak Foreclosure Services, finally sent me a payoff amount on behalf of Shellpoint, which shows a lower amount by about $ 25k. I also kept asking Shellpoint for a payoff but they kept putting me off. Finally I was told it was because I had filed a BK so they could not send one, but kept saying it was requested and would take a few days. 

Advising one thing and doing another has taken a toll on our family. We desperately need your assistance as this is an insufferable situation and we can certainly pay the monthly payment based on our current income. 

Thank you!

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