Consumer complaint received 2021-04-11
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We have a mortgage with XXXX/NewRez/Shellpoint Mortgage, # XXXX. Our payments are {$1500.00} per month. 

We have made every payment since our loan was opened/processed late in XXXX. We have never missed a payment. We have never been late with a payment. Our mortgage ( and homeowners insurance policies ) have never lapsed. Most months, we have paid more than the minimum mortgage payment. 

1 ) A year ago, XXXX mistakenly added an Escrow to our mortgage. When we called them, they immediately withdrew the escrow. I sent them {$1100.00} to reimburse the escrow in full. On XX/XX/XXXX, XXXX sent confirmation that Escrow was closed, but they did not properly credit our payment. 

2 ) I sent XXXX a certified letter regarding not crediting our payment correctly. XXXX never answered, in defiance of RESPA. 

3 ) Instead, XXXX transferred service of our mortgage to NewRez. We followed up with NewRez by phone, email, fax and letter for months and -- contrary to RESPA -- received no answer to our complaint. 

4 ) Our attorney, XXXX XXXX, sent letters to BOTH XXXX and NewRez on XX/XX/XXXX concerning NewRez ' error. Again -- contrary to RESPA -- neither replied. 

5 ) In XXXX, NewRez threatened to foreclose on our house -- even though we never missed a payment. We sent an additional {$1700.00} to NewRez UNDER PROTEST to keep NewRez from foreclosing on our home. 

6 ) Even though we fully repaid XXXX/NewRez/Shellpoint the full {$1100.00} for the mistaken escrow, NewRez nevertheless began taking {$85.00} escrow from our regular monthly payments. 

7 ) Taking {$85.00} Escrow per month from our regular monthly payment resulted in our payments being {$85.00} short every month. This resulted in our mortgage payments being credited by NewRez as " partial payments '' instead of full payments. 

8 ) NewRez incorrectly " suspended '' our mortgage payments as a result and charged us thousands of dollars in penalties and interest. 

9 ) NewRez continues to completely ignore our correspondence -- all in violation of RESPA XXXX Real Estate Settlement Procedures Act XXXX. They filed a negative Credit Report against us -- yet again in violation of RESPA. They threatened us with foreclosure in XXXX. 

10 ) In XXXX, having exhausted every other avenue, we filed a complaint with the United States Federal Government, CFPB Complaint Number XXXX. 

11 ) NewRez sent {$1800.00} of OUR OWN money back to us XXXX primarily the {$1700.00} we sent them in XXXX to avoid foreclosure ), but they still have not fix the root problem of crediting our XX/XX/XXXX full Escrow Repayment. We notified NewRez immediately that the problem was not fixed via CFPB 's website. 

12 ) On XX/XX/XXXX, we notified XXXX XXXX at Shellpoint Mortgage that they still have not resolved the Escrow issue. NewRez continues to collect {$85.00} from our monthly payments. NewRez continues to charge us fees and interest penalties. 

12 ) XXXX XX/XX/XXXX payment of {$1500.00} was again treated as a partial payment because of NewRez. On XX/XX/XXXX, NewRez returned {$85.00} by mail as an " escrow refund '' but they nevertheless erroneously treated my full payment as a partial payment. They made no fee nor interest adjustments -- those penalties continue to acrue. 

12 ) On XX/XX/XXXX, NewRez sent us another foreclosure letter and threatening to again report us to the credit-reporting agencies. They have been harassing us with phone calls 4x a day even though I have told them to stop calling. When I ask for back statements, they direct me to their website even though i repeatedly tell them I do not have an online account for them. 

NewRez simply refuses to fix their mistake.

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation