Consumer complaint received 2020-07-27
Company: Shellpoint Partners, LLC
State: ME
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We ( XXXX XXXX XXXX XXXX XXXX ) purchased our house on XX/XX/XXXX. We have made monthly on time payments to our mortgage and escrow since then. We are first time home owners. 

On XX/XX/XXXX we received an email from XXXX XXXX, a representative of our Realtor ( XXXX XXXX XXXX ), that the listing agent for our home had forwarded the tax bill for our property. ( She was forwarding the bill to us for record keeping purposes, however, it was not immediately clear from the email that this was the care ). 

On XX/XX/XXXX we responded to the email from the Realtor inquiring why we were forwarded the bill. We were under the impression that the first portion should have been paid by the listing agent at closing and the second half, our responsibility, should come from our escrow. 

On XX/XX/XXXX we received an email from XXXX XXXX of XXXX XXXX  NMLS XXXX stating that we should not have to take any action on the bill since we have an escrow account and it will be taken care of by the loan servicer ( NewRez ). He advised that we " check with your loan servicer or the town to make sure it was paid, but I would be surprised it is wasnt. '' XXXX XXXX also replied at that time to clarify that the bill had been forwarded to us only for the purposes of record keeping. 

On XX/XX/XXXX the tax bill was due to be paid. It should have been paid by NewRez from our escrow account, however it was not, and we were not made aware until XX/XX/XXXX. 

On XX/XX/XXXX we received a letter in the mail from the town of XXXX XXXX, ME, stating the tax bill is overdue and if not paid by XX/XX/XXXX it will be Liened. 
On XX/XX/XXXX we emailed XXXX XXXX and XXXX XXXX questioning why our bill was not paid. Same day response from XXXX XXXX advised us to contact the loan servicer ( NewRez ) to inquire why the tax bill was not paid. 

On XX/XX/XXXX we submitted an online inquiry via NewRez website. We received an automated email response the same day that they had received our inquiry and would be responding as soon as possible. 

On XX/XX/XXXX we received a letter in the mail from NewRez stating they were " working to gather the requested information and will forward it to us as soon as possible ''. 

On XX/XX/XXXX we received a letter in the mail : Tax Collector 's Notice, Lien Claim and Demand stating a 30 day notice of our unpaid tax bill. 

On XX/XX/XXXX we called NewRez customer service and spoke with an individual ( name unknown ) asking why our escrow did not pay the tax bill and requesting it be paid. The individual was not able to tell us why it was not paid. He stated we should have paid it ourselves and that NewRez is not responsible for paying it. He actually seemed to not know what an escrow account was, stated we had a " balance '' of ~ {$2500.00} ( which was the amount in our escrow account ) and said that if we paid the " balance '' of {$2500.00} then we would not " owe any more escrow ''. After a very confusing 45 minutes on the phone, we were placed on hold and the individual apparently spoke with a colleague, he returned to the line and we reached a point where we were asked to email a copy of the tax bill to XXXX. 

On XX/XX/XXXX we called NewRez customer service and spoke with a different individual ( name unknown ), indicating that the individual we had dealt with the prior day did not inspire confidence that the issue would be resolved. The individual we spoke with this day indicated she would escalate a request to find out why it was not paid and again asked to have the tax bill emailed. 

On XX/XX/XXXX we emailed the tax bill and 30 day lien notice to XXXX. We received no response to this email. 

On XX/XX/XXXX we called NewRez customer service and spoke with a different individual ( name unknown ) to inquire whether the email had been received. We were told that it " takes 3 business days to receive the email ''. The email was sent on a Friday before memorial day weekend. Therefore 3 business days would take us out to XX/XX/XXXX. 

On XX/XX/XXXX we called NewRez customer service and spoke with a different individual ( name unknown ) to inquire whether the email had been received. We were told the email was received and that the bill was scheduled to be paid the following Friday, which would have been XX/XX/XXXX. We were told to check the balance of the escrow account online on XX/XX/XXXX to be sure the funds had been withdrawn from the escrow account. 

On XX/XX/XXXX we received a letter in the mail from NewRez stating : " NewRez is in receipt of your correspondence regarding the above referenced loan. Due to the complex nature of the matter, NewRez respectfully requests additional time to respond fully to your inquiry '' They further stated they would : " respond within the allotted time frame '', which was not indicated within the letter. 

On XX/XX/XXXX we received a different letter in the mail from NewRez stating we had inquired about our delinquent taxes and provided a copy of the tax bill. Further : " Please be advised, NewRez tax department is currently investigating your delinquent tax bill. Once verification of the delinquent tax bill is completed, NewRez next step is to pay the delinquent tax bill. If any penalties are due, they will be paid by NewRez at no cost to you ''. 

On XX/XX/XXXX we checked the balance of the escrow account and it had not changed. There was no indication that the bill had been paid. 

On XX/XX/XXXX we called NewRez customer service and spoke with XXXX XXXX, again attempting to inquire why the bill was not paid. The individual was not able to tell us why the bill was not paid, and saw no evidence that it was scheduled to be paid on XX/XX/XXXX. The individual was not able to tell us when the bill would be paid. We asked to speak with a manager. 
We spoke with a manger named XXXX ( last name unknown ). She was unable to tell us why the bill was not paid in XXXX. She was not able to assure us that it would be paid in XX/XX/XXXX when it is due again. She stated the prior request for payment back on XX/XX/XXXX was sent " without a notation '', therefore the request was discarded. She informed us that tax payments are " batched '' therefore a onetime online payment is not possible, and was not able to tell us when the next payment batch would be sent, unable to tell us when our bill would be paid. She stated we were " asking questions there are no answer to ''. She indicated she would send an " escalated electronic request to the manager of the department responsible for paying the bill ''. She indicated she would hear back within 3 days. She asked that we call back in 3 days. We requested that she call us back instead and she indicated she would do so. When we asked if we could contact that department directly she indicated this was not possible because the department is not licensed to talk with customers. She stated she herself could not call the department ( instead of an electronic request ) because she did not know their telephone number or extension. She apologized several times throughout the conversation and requested that we " trust '' NewRez would resolve the issue. We indicated that these are essentially empty and remorseless apologies and there is no way we can trust that this issue will be resolved, due to the way it has been handled thus far. We indicated we were extremely displeased with the poor customer service we have received, and lack of resolution of the issue. The phone call took 45 minutes in all. 

On XX/XX/XXXX We emailed XXXX XXXX and XXXX XXXX with the details of this frustrating situation. XXXX XXXX responded same day and advised we contact the XXXX XXXX XXXX XXXX in XXXX and also file a complaint with the CFPB who is the federal regulator, and gave contact information for both. XXXX also indicated he would contact the representative at New Rez to " get them on it also ''. 
On XX/XX/XXXX We called the XXXX XXXX XXXX XXXX in XXXX and spoke with XXXX XXXX. He advised to submit a complaint and instructed on how to do so. 

On XX/XX/XXXX We received an email from Realtor XXXX XXXX indicating the listing agent from our house contacted her and was upset due to a threat from the Town of XXXX XXXX to put a lien on his client 's business ( the seller - XXXX XXXX, XXXX  ), due to the unpaid tax bill. We also received an email this day from XXXX XXXX indicating that he had a conversation with the listing agent and informed them that there was no reason for the town to put a lien on the seller as they were not the owner of record as of XX/XX/XXXX. We indicated at that time that we will be submitting a complaint to Bureau of Financial Regulation and XXXX XXXX replied " Maybe New Rez has really dropped the ball '', to which we replied : " I would say that is an understatement ''. We indicated we would be likely paying out of pocket at this point, since we have had no luck with trying to resolve the issue with New Rez. We asked how we could go about being reimbursed. XXXX XXXX advised we call the Town Manager, and stated the town would pay us back once New Rez finally did pay the tax. 

On XX/XX/XXXX We spoke with the XXXX XXXX XXXX XXXX department ( XXXX ). We were told that the bill had been pain that day by the seller ( XXXX XXXX, XXXX ). They had gone ahead and paid the tax bill apparently wanting to avoid a lien on their business. XXXX further stated this tax bill was not our responsibility in the first place, but was actually the responsibility of XXXX   XXXX, XXXX  since they were the owners when the tax was assessed on XX/XX/XXXX. We emailed XXXX XXXX, XXXX XXXX as well as XXXX XXXX ( and XXXX XXXX, who has been a CC to all previous email coorespondances ) with that information. We then received a phone call from both XXXX XXXX and XXXX XXXX of XXXX XXXX Title ( this was a 3 way call ) stating that the information from the tax collector 's office that XXXX had given us was not in fact correct. The tax bill was our responsibility and we had signed documents stating this at our closing. Then became the issue : how to get NewRez to pay the tax bill from our escrow, as it should have been done more than 2 months previously, and how to pay back XXXX XXXX, XXXX for the bill they had paid that was not in fact their responsibility. 
We placed a XXXX way phone call to NewRez along with XXXX XXXX. 
The following is partial text copied and pasted from an email sent from XXXX XXXX after that phone conversation : " XXXX and I just spoke with NewRez [ XXXX XXXX XXXX ], and unfortunately had to get tough with them and threaten legal counsel ; but by doing so we have initiated next steps that will hopefully get things on track. I'm recapping our conversation here, and also providing the instructions for next steps that XXXX and I just discussed. 
RECAP : We informed them of XXXX 's horrible experience trying to get this resolved, explained the tax bill periods for XXXX XXXX ( thank you XXXX ), and received an email from XXXX at NewRez confirming the following : 1. A  check was mailed to the tax office for XXXX XXXX on XX/XX/XXXX from NewRez to pay the tax bill, and the fees that accrued for the late payment. 
2. Confirmation that NewRez will be paying the next tax bill by XXXX. 
XXXX and I then spoke with the Tax Deputy for XXXX XXXX and confirmed that the check from XXXX XXXX, XXXX was already deposited. They are expecting the check from NewRez and confirmed once it's received, they'd simply cut a check back to them in the same amount. So here 's the next steps we've taken : NEXT STEPS : I've just sent the following email to XXXX at NewRez : " Hi XXXX, XXXX and I just spoke with the Tax Deputy for the town of XXXX XXXX, Maine. Unfortunately, the check they received from XXXX XXXX, XXXX has been deposited. We informed the Tax Deputy that a check was on the way from NewRez, and she told us that as soon as it is received, they will simply cut a check back to NewRez in the same amount. This is their protocol that they have to follow. Therefore, we will need to follow plan B and have NewRez cut a check to the XXXX XXXX, XXXX and put in the mail by the end of the business day tomorrow. '' Between XXXX We received several emails from XXXX XXXX, manager at NewRez, with details of the process as he worked through resolving the issue with the tax department. 

On XX/XX/XXXX : Ultimately, NewRez was unable to write a check to XXXX XXXX, XXXX, so they wrote checks to us for the amount of the tax bill and a separate check for the penalties/fees. We deposited both checks then wrote a check for the amount of the tax bill and mailed it to XXXX XXXX, XXXX. 

The End.

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation