Consumer complaint received 2021-05-31
Company: Shellpoint Partners, LLC
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Loss Mitigation at Shellpoint Mortgage Servicing ; [ for XXXX - LP ( XXXX XXXX significant Sub XXXX XXXX XXXX XXXX XXXX ; sent me an approval confirmation email for an extension to my ongoing Forbearance and Deferment plan for my Covid19 mortgage payment on XX/XX/XXXX. In this email by LMXXXX XXXX from Loss Mitigation it states, Hello Mr. XXXX, Your forbearance and deferment have been extended. The new end date is XX/XX/XXXX. Best regards. I have been approved for a continued Forbearance and Deferment plan through XX/XX/XXXX. However, after XX/XX/XXXX, in early XXXX I received billing from my new point of contact, LM_ XXXX  XXXX XXXX indicating Shellpoint Mortgage Servicing was honoring the Forbearance BUT NOT MY APPROVED Deferment. Up to that time I had a Shellpoint Loss Mitigation Plan for both a Forbearance AND Deferment for 3 quarters, or 9 months, with a fresh approval of both through XX/XX/XXXX ; but now they refused to honor the approved Deferment of that Forbearance amount of {$5600.00}, refusing to place it to the back of the loan. INSTEAD OF starting XX/XX/XXXX with no standing balance, I was IMMEDIATELY DELINQUINT. They stated it was XXXX XXXX policy to limit Deferments to six months and Forbearance to 12 months. I found this out after requesting another Forbearance for XX/XX/XXXX through XX/XX/XXXX. After ongoing emails and communication with LOSS MITIGATION at Shellpoint Mortgage Servicing during the months of XXXX and XXXX, it became evident they are Double Tracking me. They set me up. Shellpoint approved me for both a Forbearance with Deferment on one hand, while they move toward Foreclose of my home on another hand with surreptitious denial of my Deferment. This is fraud. Double Tracking was successfully used in XXXX and XXXX with many consumers. At no place in Shellpoints Consumer Information regarding the Loss Mitigation tools does it indicate there are limitation to Forbearance or to Deferment. [ It was brought to my attention that my Forbearance should have ended after 6 months but they unilaterally decided to extend my Forbearance from 6 to 9 months. If they have such power, it should be used now to rectify their mistakes or any conflicting issues they have with their policy regarding their approval of my Deferment through XX/XX/XXXX. ] Shellpoint Mortgage Servicing, for XXXX and XXXX, sent me a confirmation email regarding my request for an extension to my mortgage payment Covid19 Forbearance and Deferment Plan on XX/XX/XXXX. In the email it states I have been approved for ongoing Forbearance AND XXXX from XX/XX/XXXX through XX/XX/XXXX. I accepted this extension. Later, in XXXX of XXXX, I received billing indicating they had surreptitiously NOT honored my Deferment of {$5600.00}. This put me three months behind and in harms way immediately. They kept me busy with email dialog on one track while proceeding to Foreclosure on another track. They conspired and set me up to take my home. I am being Double Tracked by Shellpoint Mortgage Servicing XXXX Account number XXXX ). My loan is in Default and moving quickly to Foreclosure. I need Shellpoint Mortgage Servicing to honor its XX/XX/XXXX, approval of my Deferment plan, referring especially to the Deferment they offered and approved through XX/XX/XXXX. They allowed my approved Forbearance from month 10 through month 12 but reneged on my 3-month approved Deferment which amounts to {$5600.00} ; this set me up for foreclosure. At no place in Shellpoints Consumer Information regarding the Loss Mitigation tools does it indicate there are limitations to Forbearance or to Deferment. Because of their choice to NOT honor my deferment, my home is moving to foreclosure NOW. In XXXX the California OAG moved too slowly, and homes were lost. Time is of the essence.

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