Consumer complaint received 2018-10-10
Company: Shellpoint Partners, LLC
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XXXX AND XXXX XXXX XXXX XXXX XXXX XXXX NORTH CAROLINA XXXX Shellpoint Mortgage Services XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX SHELLPOINT MORTGAGE SERVICES RE : ACCOUNT / LOAN # : XXXX Date : XX/XX/XXXX This letter is our written request to correct all Error with our XXXX modification and to bring our loan current To whom it may concern XXXX and XXXX XXXX written Complaint about Shellpoint Mortgage service letters dated XX/XX/XXXX. We have read your response and you are still denying us our rights to modify our loan under the consumer relief act that was agreed to by XXXX XXXX XXXX with the department of justice to modify our loan and to reduce our principle balance. Shellpoint Mortgage continue to make a claim of agency, standing and/or capacity to collect on a debt alleged owed to them by us. We have sent Shellpoint several Dept validation Demand and they have not provide us with any proof positive by best evidence that they hold agency, standing, and/or capacity to collect on a debt owed by us. 
On XX/XX/XXXX we signed a loan Modification with XXXX XXXX XXXX to modify our loan and to reduce our mortgage principle balance, under the agreement that XXXX XXXX XXXX signed with the United States Justice Department and with us. Upon signing the agreement we were unaware of the fact of the relief that was granted to us under the consumer relief act. XXXX  XXXX XXXX Failed to inform us of our rights that was granted to millions of homeowners like ourselves. XXXX  XXXX XXXX never clarify any relief that was granted under the act. In a letter to us dated XX/XX/XXXX with the heading LOAN MODIFICATION CLARITY COMMITMENT XXXX XXXX XXXX states that they are pleased to offer us a modification under the Department of justice and State Attorney General global settlement. They also state that the loan modification will help put us in a better position. 
In XXXX we request for a modification with XXXX XXXX XXXX due to reduce in income and job lost. XXXX XXXX XXXX failed again to abide by their agreement with us and the Department of Justice by ignoring our request and turning over our loan to Shellpoint Mortgage to service. 
On or about XX/XX/XXXX Shellpoint Mortgage began servicing our loan. We still was not aware of the Error that was committed by Bank XXXX XXXX so we continue to apply for a modification and continue to be denied by Shellpoint Mortgage. 
On or around XX/XX/XXXX I began to investigate to understand what is going on. During my investigation I realized that our loan was among the fraudulent and scrutinized lone that was being serviced by XXXX  XXXX XXXX and is now serviced by Shellpoint mortgage. 
XX/XX/XXXX I sent a Dept validation Demand letter to Shellpoint mortgage On XX/XX/XXXX Shellpoint Mortgage respond to our request by sending us our XXXX mortgage agreement that we had with XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. Nowhere in there respond did they provide us with any details as to XXXX XXXX XXXX servicing our loan or being the beneficiary. 
XX/XX/XXXX we received documents from Shellpoint showing our loan history as if our mortgage has always been services by Shellpoint. Our agreement with XXXX  XXXX XXXX was not mentioned XX/XX/XXXX we sent a detailed letter by email to Shellpoint Mortgage Stating that fraud is being committed against us. 
XX/XX/XXXX we sent Shellpoint Mortgage a second Dept Validation Demand letter. A few weeks later Shellpoint Mortgage responded that they are not responding to our request any longer and sated that they are not sending us anymore documents. We then continue to send documents in for a modification and they continue to deny us. 
XX/XX/XXXX we sent letter by email to XXXX XXXX a Shellpoint Mortgage loan modification specialist detailing the fraud that is being committed against us. Again we received no respond from Shellpoint Mortgage. 
XX/XX/XXXX we again send the same detailed letter to Shellpoint but this time we attached the consumer relief act and other documents. Again we received no respond. 
XX/XX/XXXX we applied again for anther modification and was denied XX/XX/XXXX we applied for a Modification under the qualification of the consumer relief act and the Making home affordable program. 
XX/XX/XXXX I XXXX XXXX spoke with Modification Specialist XXXX XXXX about our Modification status. Mr. XXXX confirmed that he had read the act and he can see that we have qualified for a modification under the consumer relief act and that we can appeal the previous modification. Mr. XXXX also stated that he is aware of the deadline of XX/XX/XXXX XX/XX/XXXX we filed an appeal under the consumer relief act. 
XX/XX/XXXX we sent an email to Shellpoint Mortgage concerning our Appeal Status. Please see below. 
To Whom It May Concern our names Are XXXX and XXXX XXXX we have submitted an appeal about our modification status and we have received a letter from you dating XX/XX/XXXX and you sated in that letter that we will receive a respond in 15 days. Its now way past 15 days and we haven't received or heard anything back from you. Please give us a respond urgently so that we can act appropriately XX/XX/XXXX we sent another email to Shellpoint Mortgage concerning our Appeal Status XX/XX/XXXX Shellpoint mortgage responded to our appeal. Shellpoint Stated in line five of the second paragraph that however, with regard to your appeal under the consumer relief act dated XX/XX/XXXX Shellpoint is not going to readdress that appeal as our record shows we previously responded to a similar or same appeal on or about XX/XX/XXXX and you were notified that the Home Affordable Modification Program ( HAMP ) was retired on XX/XX/XXXX. However Shellpoint is still covering up the fact that we previously qualify for the act and they are still denying us of our rights. We have send Shellpoint Mortgage several documents by email and fax with the full detail of the act and the expiration date of XX/XX/XXXX. I will attached the full detailed of the act to this complaint again for your viewing. 

XX/XX/XXXX I called Shellpoint and ask if they had our previous modification with XXXX  XXXX XXXX on file and they stated yes. I then requested them to send me a copy by fax and email. 
Friday XX/XX/XXXX at XXXX I received be email a copy of our XX/XX/XXXX modification agreement from Shellpoint Mortgage that we had with XXXX  XXXX XXXX from Shellpoint Mortgage customer service supervisor XXXX XXXX . After examining the documents we noticed that we had previously qualified for a modification under the consumer relief act. We then compare it further with the agreement that XXXX XXXX XXXX had with the Department of justice and we noticed that they did not modify our loan as per their agreement to lower our principal balance and lower our interest rate to 2 %. XXXX XXXX XXXX added past due interest of {$94000.00} servicing expenses of XXXX and taxes and insurance of {$6400.00} totaling XXXX to our principle balance added up to {$510000.00}. XXXX XXXX XXXX then subtract {$130000.00} from the fraudulent principle Balance of {$510000.00} this broth the total down to {$370000.00} as our new principle balance. XXXX XXXX XXXX then lower our interest rate to 5.765 %. XXXX XXXX XXXX never honor their agreement with the U.S Department of justice and the North Carolina State Attorney General. 
On or around XX/XX/XXXX I got a call from Shell point attorney XXXX XXXX  XXXX Stating that our foreclosure hearing that was schedule to be heard on XX/XX/XXXX in XXXX county court was canceled. I then asked the attorney why? and he stated that XXXX had canceled all foreclosure due to Hurricane Florence. He also stated that the hearing will be reschedule within 60 days Fraudulent Foreclosure XX/XX/XXXX I received a letter from XXXX XXXX XXXX stating that on XX/XX/XXXX our home is up for sale. I then called Shell point and inquire about how can this happen without the court and they stated that the Foreclosure sale was approved on XX/XX/XXXX. 
Although we have a foreclosure hearing in the XXXX county court on XX/XX/XXXX On XX/XX/XXXX Shell point Attorney filed fraudulent foreclosure again us. 
In conclusion Shellpoint mortgage knew that they were servicing a fraudulent loan and they continue to participate in the fraud by covering up the loan history and denying us the right to inspect all documents pertaining to our loan thinking that we were never going to find out. 
Should you have any questions or concerns, please feel free to contact XXXX XXXX at XXXX XXXX Thank you for your assistance in this urgent matter

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