Consumer complaint received 2020-05-07
Company: Shellpoint Partners, LLC
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In XXXX, XXXX, I had applied for Mortgage Modification with my mortgage server at the time, XXXX XXXX. I say at that time as since the servicer of the Mortgage changed in XXXX to ShellPoint Mortgage. At time of the application all necessary documentations was submitted to XXXX. XXXX sent documents back that I would be approved for loss mitigation and if I accepted the offer of making 3 trial payments to begin XX/XX/XXXX and after the 3rd trial payment, the mortgage would be modified as long as I was timely with all the trial payments. Now there was nothing at the time to sign to accept the offer, but to either send in the 1st trial payment, or notify them by phone or writing. I had contacted XXXX by phone informing them that I would accept the loss mitigation and the 3 trial payments. In I also formally notified them in writing that I was accepting the loss mitigation. Part of the issue here is that about a week before I received the loss mitigation paperwork, I received notification that XXXX XXXX was selling the servicing of the mortgage to ShellPoint Mortgage for effective XX/XX/XXXX. However the Loss mitigation paperwork stated the 1st trial payment needed to be made by XX/XX/XXXX and the 2nd & 3rd trial payment to XXXX. In my conversation to XXXX they informed me that the Loss Mitigation was a standard paperwork, in that I make the 1st payment to them, but 2nd and 3rd payment to ShellPoint as they would then be the new servicer. After the 3rd trail payment in XXXX, the my mortgage should have been modified. When I called ShellPoint, to inquire, they initially were unaware of the loss mitigation from XXXX. I had e-mail to the rep that I spoke to a copy of the loss mitigation paperwork from XXXX. A few days later, when I called shellpoint back to inquire on the modification, Now I have been in Chapter XXXX Bankruptcy since XXXX. ShellPoint then said that XXXX never should have approved the loss mitigation application. At this point SHellPoint said that they could no longer deal with me, and that I needed to contact my bankruptcy attorney. ShellPoint also stated that XXXX never should have dealt with me directly after the bankruptcy filing. Prior to the mortgage being sold, I was dealing with XXXX XXXX all the time, and XXXX was well aware of my pending bankruptcy matter. Now it is to my understanding that when a servicer purchases the serving of the mortgage, they also purchase all the terms and conditions that was already in place. It is to my understanding that since XXXX XXXX approved and offered the loss mitigation and that I accepted it that ShellPoint has to accept and comply with its terms. It is now XX/XX/XXXX, and ShellPoint still hasn't modified my mortgage, and is refusing to comply with the terms of the loss mitigation as agreed upon between myself and XXXX prior to them purchasing the servicing of my mortgage. I have more than complied with the terms as laidout in the loss mitigation paperwork, as all 3 trial payments were all made timely, and extra payments have also been made, in addition I have continued to make more trial payments. My attorney has contacted ShellPoints attorneys, and are getting nothing but excuses, I feel ShellPoint is just jerking this around. I have more than complied, and they are not complying. I am requesting the Department to review and investigate this matter for possible violations and failure to comply with the loss mitigation and to modify my mortgage as approved by XXXX XXXX, the prior servicer. And order that ShellPoint to comply with the terms as laidout in the loss mitigation and to modify my mortgage.

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