Consumer complaint received 2019-09-26
Company: Shellpoint Partners, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
There are {$720.00} in illegal fees which have been carried on my mortgage loan for a very long time which are not authorized and appear to be illegal having been added as the result of a bankruptcy where the servicer did not obtain permission of the bankruptcy court to add these fees to the account, as such these fees were added in violation of 11 USC 362, and in violation of my discharge in bankruptcy. 

Additionally, during several phone calls during the middle of XX/XX/XXXX, I contacted Shellpoint customer service via telephone to request a copy of my XXXX XXXX form. I was assured that it would be provided within 7 business days and that once it had been attached to my account it would be available online. Having not received the XXXX within 7 days, I called back into customer service and was assured that the request was in process and to give it a few more days. It has now been more than 3 months and I still do not have the XXXX XXXX form and it is not available under the statement options in my online account. 

In an effort to resolve this issue, on XX/XX/XXXX I sent a Qualified Written Request ( " QWR '' ) to Shellpoint ( see attached ). Shellpoint was required by RESPA and the Dodd Frank Act to confirm receipt of this letter within five business days and respond with an answer within 30 business days. To date Shellpoint has not confirmed receipt of my QWR nor have they provided an answer or any communication whatsoever. It has now been more than 2 months since Shellpoint received my QWR. 

As a result of Shellpoint 's refusal to remove the illegal fees, I contacted my attorney to ask for his assistance. On XX/XX/XXXX my attorney sent a letter to Shellpoint and attached a copy of my QWR to his letter ( see attached ). It has been more than two months since my QWR and my attorneys letter were sent to Shellpoint and to date Shellpoint has not responded to my attorneys XX/XX/XXXX letter or my XX/XX/XXXX QWR. 

On XX/XX/XXXX my attorney sent a follow-up letter ( see attached ) to Shellpoint CEO XXXX XXXX at two separate addresses to advise him of Shellpoint 's failure to respond to my XX/XX/XXXX QWR and his XX/XX/XXXX letter. In his letter my attorney reiterated our continued request for the following : 1. Respond to our clients QWR 2. Remove the illegally added fees from our clients account 3. Provide our client with his XXXX IRS Form XXXX Shellpoint had obligations under RESPA Section 6. As a result of Shellpoint 's blatant and flagrant refusal to respond to my XX/XX/XXXX QWR and my attorney 's letters, Shellpoint is now liable for actual damages statutory damages and putative damages under 12 U.S.C. 2605 ( e ), 12 U.S.C. 2605 ( k ) and Regulation Z. See XXXX v. XXXX XXXX XXXX, XXXX, 10 Civ. 3291 ( NGG ) ( SMG ), 2012 U.S. Dist. XXXX XXXX, XXXX XXXX XXXX, at *5 ( E.D.N.Y. XX/XX/XXXX ; See also XXXX v. XXXX XXXX XXXX XXXX, No. XXXX Civ. XXXX ( MAD ) ( ATB ), XXXX U.S. Dist. XXXX XXXX, XXXX XXXX XXXX, at *12 ( N.D.N.Y. XX/XX/XXXX ). 

I am asking that the CFPB intercede and investigate Shellpoint 's behavior on my specific loan as well as Shellpoint 's apparent policy of ignoring borrower 's communications as a whole. 

Indeed, I am sure that many borrowers simply get so frustrated by Shellpoint 's egregious tactics that they just give up and as such are victimized by Shellpoint through the charging of excessive illegal fees, incorrect billing, improper bookeeeping and accounting, Shellpoint 's refusal to provide documents that they are required to provide by law and Shellpoint 's flagrant disrespect for RESPA, XXXX XXXX and Regulation Z.

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