Consumer complaint received 2019-10-30
Company: Shellpoint Partners, LLC
State: MN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX, XXXX XXXX and co-borrower, XXXX XXXX, entered into a formal Judgement Confession and agreed that the outstanding mortgage with XXXX XXXX would be satisfied provided that Mr. XXXX pays a total of {$17000.00} within 24 months. Once final payment was received, XXXX XXXX had 95 days to release liability and provide a satisfaction of mortgage. 
I received a letter from Shellpoint Mortgage Servicing dated XX/XX/XXXX listing the unpaid principal balance of {$16000.00}, last payment received was XX/XX/XXXX and next Voluntary Mortgage payment Amount of {$86.00} is due on XX/XX/XXXX. The next letter I received from Shellpoint was XX/XX/XXXX, when I received a Mortgage Account Statement listing unpaid principal balance of {$15000.00}, last payment received XX/XX/XXXX, next payment of {$63.00} due on XX/XX/XXXX. I received another Mortgage Account Statement dated XX/XX/XXXX, listing previous balance {$15000.00}, payments/credits received {$240.00}, finance charges {$64.00}, new balance {$15000.00}, payment of {$64.00} due XX/XX/XXXX. The next day, I received a Mortgage Account Statement dated XX/XX/XXXX, listing unpaid principal balance {$15000.00}, last payment received XX/XX/XXXX, next payment of {$64.00} is due on XX/XX/XXXX. I contacted XXXX and informed him of the notice, which he responded that he did not know what I was talking about as his agreement was with XXXX XXXX and he was in full compliance with his agreement. He had never even heard of Shellpoint. I became concerned that my credit would be damaged, so I contacted Shellpoint and made a payment on XX/XX/XXXX for {$100.00}. On XX/XX/XXXX, I logged onto Shellpoints website and printed off the monthly statement. On XX/XX/XXXX, I again logged on and saw that there was a balance due, so I made another {$100.00} payment. On XX/XX/XXXX, I received a Monthly Billing Statement with previous balance {$14000.00}, payments/credits {$340.00}, Finance Charge {$2.00}, new balance {$14000.00} and {$2.00} monthly payment due on XX/XX/XXXX. On XX/XX/XXXX, a Monthly Billing Statement was sent to me and listed previous balance {$14000.00}, new balance XXXX, payment of {$120.00} due on XX/XX/XXXX. I again made contact with XXXX as I was concerned that the settlement agreement should have concluded but Shellpoint still has a balance due. 
On XX/XX/XXXX, I called Shellpoint to inquire about the account. I explained that I learned about a settlement agreement that should have been finalized in XX/XX/XXXX. I asked about getting a satisfaction of mortgage paid as I have a buyer for this property. I also requested a refund for the payments I made to Shellpoint. Shellpoint stated that they do not have any information about a settlement, they will not issue a satisfaction of mortgage paid until the mortgage is paid and they will not refund my payments because a balance is due to Shellpoint. They suggested I contact XXXX XXXX. I contacted XXXX XXXX   and spoke with XXXX. I told her that I was making payments to Shellpoint Mortgage Servicing but it is my understanding that XXXX XXXX entered into a settlement agreement with XXXX XXXX  and that this mortgage should be satisfied. I told her that I am in the process of selling this property and need a satisfaction of mortgage. XXXX spoke with a supervisor and returned to the line and said that the supervisor confirmed that this account was sold to Shellpoint in the middle of the settlement. She explained XXXX kept receiving payments from Bridge Law and XXXX forwarded to Shellpoint, and therefore I would need to get my satisfaction of mortgage paid from Shellpoint. I called Shellpoint again and they wanted me to send them a copy of the contract because they do not have any information regarding this settlement. I obtained a copy of the contract and emailed it to Shellpoint at  XXXX as instructed. On XX/XX/XXXX I followed up with Shellpoint, at which time I was told that they do not have the information yet, and it takes XXXX business days, and I could also email the documentation to XXXX which I did. On XX/XX/XXXX I contacted Shellpoint again and was told that they received my documentation, but the person who investigates these claims was so efficient that he opened the case before they even uploaded my email and since there was no documentation in the file, he closed it. Shellpoint will resubmit a request to investigate the documentation that I submitted. I asked if they planned on informing me that they were not investigating as I have been waiting for this information. I have a buyer for the house and do not want to lose this opportunity to sell the property. I did not hear anything and again contacted Shellpoint. I spoke with Ms. XXXX and at this point was very frustrated. Ms. XXXX asked me to provide proof that all of the payments were made on time in order to proceed with this agreement. I tried to explain to Ms. XXXX that it would be very difficult for me to ask Mr. XXXX for his financial records. However, given the importance of the matter, I contacted XXXX and he said he would work with the attorney who handled the initial settlement agreement. Ms. XXXX told me that it takes 3-6 months to generate a satisfaction of mortgage paid, and therefore would not be able to sell the property for several more months Received Monthly Billing Statement dated XX/XX/XXXX listing previous balance XXXX, new balance {$14000.00} with {$180.00} payment due by XX/XX/XXXX. 
On XX/XX/XXXX, I received a letter from Shellpoint stating that they are responding to recent inquiry and working to gather requested information. On XX/XX/XXXX I received a monthly billing statement. 
Monthly Billing Statement dated XX/XX/XXXX listing previous balance XXXX, new balance XXXX with {$250.00} due by XX/XX/XXXX. 
On XX/XX/XXXX I received a letter from Shellpoint titled Notice of Default and Intent to Accelerate. I informed XXXX that I received this letter and he contacted his attorney who said that as of XX/XX/XXXX, XXXX was in the process of compiling payments made and expects an answer soon. 
On XX/XX/XXXX I returned home after work to find a mail man in my driveway with a certified letter from Shellpoint. I signed for the letters, which were again titled, Notice of Default and Intent to Accelerate. Both letters are dated XX/XX/XXXX captioned NOTICE OF DEFAULT AND INTENT TO ACCELERATE requiring payment of {$180.00} to cure the default and that if we do not cure the default within 45 days, Shellpoint intends to accelerate the sums evidenced by the Note and Security and declare same due and payable in full and to take other legally and contractually permitted action to collect the same, including foreclosure of the lien on the Property and sale of the Property.

After opening the certified letter, I called Shellpoint as I was very alarmed. I told the first lady that I spoke to that I did not have much time, but I wanted to call after receiving this letter. She transferred me to XXXX XXXX. I told XXXX XXXX that I did not have much time but wanted to call due to receiving this certified Notice of Default letter I wanted to call. I explained the situation with the settlement agreement, and she transferred me to another department. When I protested about being transferred again and the length of the call, she said, It was not me who put you on hold. I was then transferred me to XXXX XXXX. I asked XXXX XXXX, whom Ive spoken with in the past, to stop collection efforts due to the situation with our account. After 40 minutes of being on the phone, Ms. XXXX  said that she said that she would email the department, but everything needs to be in writing. At this point I was very aggravated and frustrated. Why did I spend the last 45 minutes on the phone when they could have told me that information when I first called? She said, It wasnt me who put you on hold. Ms. XXXX asked me if Ive submitted XXXX payment history. I told her that according to the attorney, XXXX XXXX is working on compiling this information, but in the meantime, I do not want any negative reporting submitted on behalf of this account. I told Ms. XXXX that it says right on their statements : iii. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we can not report you as delinquent or take any action to collect the amount you question. 
I told Ms. XXXX that the entire amount is under dispute, yet here I am, holding a threatening certified letter from Shellpoint demanding payment. Furthermore, even if the account it made current, it appears Shellpoint is placing the account on probation of sorts as the letter also states, from this point forward strict compliance with the exact terms of the loan will be required. Ms. XXXX said that the department who handles these situations acknowledged that they are investigating but can not guarantee that this will stop the escalation. 
The letter states that Shellpoint is giving notice that they may make reasonable entries upon and inspections of the property. This property is NOT vacant and I am adamantly opposed to any such entry or attempts at entry of this property. 
On XX/XX/XXXX, I received a letter from Shellpoint stating that they are in receipt of our correspondence regarding the loan and respectfully requests additional time to respond within the allotted timeframe. What time frame are they referring to? 
On XX/XX/XXXX, I signed into the Shellpoint account online, and see that they have listed payment history dating back to XX/XX/XXXX which contradicts Shellpoints claim that they have no information regarding a settlement or payment schedule. 
I received a Monthly Billing Statement dated XX/XX/XXXX, listing {$14000.00} and new balance of XXXX with {$310.00} due on XX/XX/XXXX. I received a letter from Shellpoint dated XX/XX/XXXX stating, This letter is in response to your recent inquiry regarding the accountthe contact information is.We are working to gather the requested information and will forward it as soon as possible. 
I received a notice from Shellpoint dated XX/XX/XXXX that the above referenced loan has been paid in full with a copy of a release of mortgage signed on XX/XX/XXXX, filed with XXXX  County on XX/XX/XXXX. 
In XX/XX/XXXX, I called Shellpoint and spoke with a representative who informed me that the payments I made in the amount of {$100.00} were reversed and not charged to my account. I logged on to my bank account to verify, but the payments were and still reflect to this day payments listed as NEWPENNFIN-SHELL WEB PMTS XXXX XXXX XXXX XXXX XXXX withdrawing the funds from my account and no refunds or reversals. 
On XX/XX/XXXX, I sent a letter to Shellpoint, again requesting a refund for the payments I made over and above the settlement agreement and requested that they process my refund by XX/XX/XXXX. I never heard back from Shellpoint. 

Shellpoint handled this situation very poorly and told me that it is my responsibility to provide proof of the settlement. Although I provided the documentation, I believe that Shellpoint should have known the details of the loan they were buying. I have no reason to believe that XXXX was being deceitful when they told me they forwarded payments to Shellpoint, but I have every reason to believe that Shellpoint was and is continuing to be dishonest and unethical.

Company response to consumer: Closed with explanation