Consumer complaint received 2020-05-16
Company: Shellpoint Partners, LLC
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Loan Servicer is Shellpoint Mortgage Servicing Owner of Loan is  XXXX XXXX XXXX - XXXX On XX/XX/2020 I received a written assurance from the loan servicer that " You have been approved for a Forbearance Plan and should receive written notification in the mail within 7-10 business days regarding the specific details of your approved 3 month plan. '' ( Note : 7-10 business days from XX/XX/2020 would be from XX/XX/XXXX to XX/XX/2020 ). 

On XX/XX/2020 I received a second assurance by email from the loan servicer that I had been approved for such a forbearance plan. The email stated : " Based on a careful review of the information you provided to us, you have been approved for a Forbearance Plan. A Forbearance Plan is a temporary suspension of your mortgage payments intended to allow you the time and flexibility to manage the financial challenges affecting your ability to pay your mortgage.

Forbearance Plan Your monthly mortgage amount of {$25000.00} has been placed on a temporary forbearance for a period of 3 months. That means that starting on XX/XX/2020 and for the next 3 months YOU WILL NOT BE PENALIZED WITH A LATE PAYMENT CHARGE OR WITH NEGATIVE CREDIT REPORTING IF YOU MISS A MORTGAGE PAYMENT. '' I was grateful to receive the approval of the Forbearance Plan and I was waiting to receive the " specific details of your approved 3 month plan '', when I received another letter from the lender, dated XX/XX/2020 which ( erroneously ) stated : " This notice is to confirm that you have declined the COVID-10 [ sic ] Forbearance Plan assistance program. 

We have removed the Forbearance Plan from your loan. Please be advised that we will continue to service your loan in accordance with all applicable State and Federal laws. '' I never declined such Forbearance Plan assistance program, nor had I communicated in any way with the lender my intention to do so. Rather, I had applied for it, was happy I was approved for it and was awaiting further " specific details of your approved 3 month plan '', when I received such XX/XX/2020 letter notifying me that my approval had been withdrawn ( for no stated apparent reason ). 

Then I received an alert, that, despite the lender 's assurance that there would be no negative credit reports during the pendency of the three month forbearance period commencing on XX/XX/2020, the lender did make negative credit reports against my credit during such period ( on or about XX/XX/2020 ). 

I made numerous attempts to reach my single point of contact, as well as the escalations department and the loss mitigation department of the loan servicer to get them to place the loan back in the forbearance plan ( from which it should never have been removed ), and to delete the negative trade lines on my credit. I received no responses. Despite several emails and telephone messages to my single point of contact, he has also never responded to me, in violation of California HBOR Civil Code Section 2923.7. Likewise, neither the loan servicer nor the owner of the loan have responded to any of my RESPA Qualified Written Requests or Billing Error Notices under 12 USC 2605, nor have they corrected the credit during the 60 day dispute period ( 12 USC 2605 ( e ) ( 3 ) ), or, indeed, at all.

I have applied for SBA Covid 19 Relief that is being placed in  jeopardy by the erroneous negative credit reports that should not have been made during the Forbearance Period under the Forbearance Plan, which, in turn, should never have been unilaterally, and without stated reason, terminated by the loan servicer on XX/XX/2020, only one week after it had been approved for a 3 month period.

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