Consumer complaint received 2021-02-22
Company: Shellpoint Partners, LLC
State: AZ
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
We are asking for Cash for Keys and moving expenses due to this foreclosure. We were never offered to sign a Deed in Lieu of Foreclosure by Shellpoint. We were told that it was offered to us during XXXX of XXXX via certified mail. We never received this offer by certified mail. If we had received it we would have signed it right away. 

I was told by a Shellpoint Manager, XXXX XXXX that this letter was never issued. When we called Shellpoint, XXXX XXXX on the week of XX/XX/XXXX, she lied to on this phone conversation about this letter. She transferred us to XXXX XXXX for more help. He stated that there were processes he could do to make us eligible for Cash for Keys and moving expenses and would get back to us that night. He scheduled a call at XXXX MST to explain with us when XXXX was available to listen. He never called and when we called him back, we were told by XXXX of Shellpoint that he had left your phonebank. Another lie. 

Our background with Shellpoint is that we never trusted them. Since we were granted Chapter XXXX bankruptcy in XXXX, which included this property, we still made every payment until XX/XX/XXXX. On the advice of our lawyer, who told us we were in dire straits, we needed to have the property foreclosed on. The property was tax appraised at {$420000.00} but during that period of 3 years we could not get any offers at all for a minimum of {$340000.00}. XXXX was laid off twice during that period and could not find employment that provided enough compensation to support the mortgage payment which had doubled at that time within a year. After we left the property on XX/XX/XXXX our lawyer, XXXX XXXX, XXXX, RI accepted {$1000.00} to work on our behalf to get the property foreclosed ASAP. He told us not to short sale it. 

This is when the harassing phone calls started from Shellpoint. My wife would receive up to 4 to 6 calls a day from their phone bank. She always asked that these calls be recorded before she would explain this long frustrating story to them. XXXX  tried to tell the Shellpoint clerks what we wanted, but they only insisted on getting us back into the house. They would not listen to us and refused to let us speak with a decision maker at Shellpoint. These calls went on for 6 years all with the same results. Shellpoint 's clerks were and still are unprofessional and uninformed about the mortgage servicing business. 

My wife received so many calls on her company phone that she lost her $ XXXX job due to it. She also has developed a XXXX XXXX due to this stress as the calls continued on our home landline up 3 to 4 times a day at all hours. 

Why did Shellpoint not try to communicate with us in a professional manner, via phone, Email or mail, as soon as you knew in XXXX that we wanted the property foreclosed? Why were we not offered the option of signing the Deed in Lieu of foreclosure? Why when we initiated contact with your phonebank they would not listen to us and only insisted that we get back into the house? 

We understand that the foreclosure will occur on XX/XX/XXXX so our options are limited with the investor deed holder. We are asking that Shellpoint compensate us due the mishandling and lies about our account during the past 6 years. Shellpoint has made life unbearable for us the past 6 years. We have struggled to get credit and have had difficulty leasing a car and getting an apartment to rent because of Shellpoint punishing us for our bankruptcy in XXXX.

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