Consumer complaint received 2023-08-23
Company: Shellpoint Partners, LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am writing because I have concerns that my mortgage servicer, NewRez LLC, is actively violating my rights as a consumer. I have attempted to work with them for 53 days now to resolve a banking error that affected my mortgage 's scheduled auto payment. Since then, I have experienced multiple failures of customer service that continue to effect my ability to ensure my mortgage will be paid on time. In the same period, NewRez LLC assessed fines and fees against me due to these errors. 
Most troubling, they have also demonstrated a willingess to misrepresent the facts and mischaracterize my interactions with customer service to the Consumer Financial Protection Bureau. 
For example, in their response to my complaint, XXXX, they state the following : " On XX/XX/XXXX you setup a recurring payment agreement with different account information. On XX/XX/XXXX notice, a Recurring ACH Setup Confirmation Letter was sent informing you the recurring monthly drafts you authorized will automatically be debited from your account beginning XX/XX/XXXX in the amount of {$2000.00} from the account ending in XXXX. Enclosed is a copy of the Recurring XXXX XXXX Confirmation Letter for your review. '' This response was dated XX/XX/XXXX. However, I am in receipt of a mailed letter dated XX/XX/XXXX, which states that my autodraft payments have been canceled. When I checked the website on XX/XX/XXXX, I see no recurring auto payments are established. 
Furthermore, in a separate matter they state, " Our Customer Service Representative ( CSR ) agreed you may not have received adequate notification regarding the cancellation of your recurring payments and they submitted a complaint on your behalf. '' In fact, their XXXX agreed that the information shown on the webpage was inaccurate as she actively checked the screen I was viewing live on the call. This is a critical omission as the website accuracies and glitches are a core aspect of my complaint. However, NewRez states, " A review of our website has found it to be in proper working order and we decline to make updates at this time ''. 
Furthermore, this is not the first glitch I have experienced with their website. When I attempted to make a payment on XX/XX/XXXX, XXXX pinged an account ending in XXXX, which is an account I actively deselected as it is no longer an open account. Instead, I manually filled in the form with banking information from a separate account. I have explained this to them a number of times, yet they omit this critical detail in their response as they only state, " On XX/XX/XXXX, a payment in the amount of {$2000.00} was received and applied as the XX/XX/XXXX installment. Our records show you attempted to pay your monthly installment with an account ending in XXXX. '' According to the Consumer Financial Protection Bureau, " Mortgage servicers have to set up their business so they can find correct information about your loan. '' https : //files.consumerfinance.gov/f/documents/cfpb_know_your_rights_mortgage_servicer_comply_federal_rules_handout.pdf Given NewRez ' effective non-response to my concerns and their continued inability to provide accurate information about my mortgage and the status of scheduled payments, I believe they may be in violation of federal law.

Furthermore, they continue a pattern of intimidation that I believe may be in violation of the The Fair Debt Collection Practices Act ( FDCPA ). For example, in their response to my CFPB complaint, they emphasize the power imbalance between consumers and mortgage servicers as they state, " Please be advised that it is customary in the mortgage lending industry for loans to be sold and transferred between lending institution. These transfers do not require the permission of the homeowner for them to take place. '' I have experienced other unprofessional behavior from their XXXX ( eg, hang-ups ), which I detail in my now two CFPB complaints as I attempted to resolve this matter, which again, remains unresolved. By refusing to address these issues and refusing to refund fees assessed, I believe NewRez may be actively attempting to create the opportunity for fee entrapment.

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