Consumer complaint received 2018-08-30
Company: Shellpoint Partners, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My family has owned our home in XXXX XXXX New York for 24 years and are facing foreclosure on XX/XX/XXXX because of the roadblocks that our mortgage lender Shellpoint Mortgage Servicing has put in our way. My name is XXXX XXXX and I am the heir and rightful owner of this home. W refinanced the home in XX/XX/XXXX to take care of some needed repairs and were convinced it would be in our best interests to only put my mother XXXX XXXX on the loan. After she passed away in XX/XX/XXXX we ran into some financial difficulties and fell behind about a year later. When we tried to contact the lender at the time, XXXX XXXX XXXX, they told us they could not negotiate because my name was not on the loan. We then took the legal steps to get the paperwork in order with the estate and went back to XXXX XXXX XXXX, who approved us for a loan modification. We made our trial payments as agreed for several months, and were told that permanent modification paperwork was coming. This never happened, and we have been in limbo ever since. The loan was transferred to Shellpoint about 18 months ago and it appears this was done with the intent to foreclose. Despite multiple attempts to engage or get them to consider us for homeowner assistance programs, they have stopped us at every turn. We do not have an assigned contact, they have never actually reviewed our current financial information and they have not followed procedures and guidelines relating to notifications and recordings of their intent to auction the home. This has always been an avoidable foreclosure, but Shellpoint seems to have no interest in working with us and I need to file a formal complaint against them.

In XX/XX/XXXX I began having health issues and was reduced to part time and began receiving XXXX payments. We were able to keep up with the payments despite my reduction in hours. My mother passed in XX/XX/XXXX and this put us into a tougher financial situation, although there was a small inheritance that we were able to use to keep up with the bills until XX/XX/XXXX. I was still having health issues and only working part time in XX/XX/XXXX when we first defaulted on the loan while it was with XXXX XXXX XXXX. Shortly after falling behind we began contacting XXXX XXXX XXXX   to try and get them to review us for a loan modification, but they told us that since the loan was in my mother 's name they could not work with me. We then took the legal steps to get the situation remedied and were finally able to get XXXX XXXX XXXX to offer us a trial loan modification. We made all payments as agreed, but never received the permanent modification paperwork. We made repeated calls to XXXX XXXX XXXX, but they reverted to the stance that they could not work with us because I was not on the original loan. No matter how many times I sent in the legal documents demonstrating the fact that I was the rightful owner, they continued to deny me. The loan was then transferred to XXXX, and we went through the same situation, and it has been more of the same with Shellpoint.

We had a change in our financial situation a few years ago -- my health has improved and I am working full time and my husband works full time as well and receives a pension on top of that. We have the means to afford a reasonable payment -- this foreclosure could be avoided, if only Shellpoint would DO THEIR JOB! I have gotten lawyers involved who can't believe the way we have been treated and ignored and how this issue of a few months of missed payments has now turned into a foreclosure sale.

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