Consumer complaint received 2020-05-04
Company: Shellpoint Partners, LLC
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On or about on XX/XX/2020, the roof of my residence sustained damage during a high wind storm. On XX/XX/2020, I met with a XXXX XXXX XXXX Adjuster to file a claim for the damage. After inspecting the damage to the roof, the Adjuster issued a check from XXXX XXXX in the amount of {$2900.00} made out to me, XXXX XXXX XXXX, my spouse ( XXXX XXXX XXXX ) and Shellpoint Mortgage ( New Rez ). The XXXX XXXX employee explained it was XXXX XXXX policy that the mortgage company had to be included on the Pay to the order of portion of the check. He went on to explain that I was to send the check into the mortgage company, they would endorse the check and then send it back to me. The XXXX XXXX adjuster indicated this was standard fair and all mortgage companies were in compliance with this measure. 
On the morning of XX/XX/2020, I contacted New Rez/Shellpoint Mortgage Company and spoke with employee XXXX XXXX. Mr. XXXX   provided me with an address to send the check to and he assured me this was a normal procedure and the turn around on receiving the New Rez/Shellpoint endorsed check would be minimal. On the afternoon of XX/XX/2020 I sent the XXXX XXXX Check to New Rez/Shellpoint via United States Postal Service ( USPS ) Priority Mail to the address provided by Mr. XXXX. It should be noted that neither I nor my Spouse endorsed the check. I sent the check with detailed instructions and a self-addressed, stamped envelope. 
On XX/XX/2020, I called New Rez/Shellpoint Mortgage to ascertain the status of my check. On this date I spoke with New Rez/Shellpoint Employee XXXX XXXX. I explained the situation to Ms. XXXX and she stated her colleague, Mr. XXXX  had provided me with the wrong mailing address. Ms. XXXX assured me that she would look into this matter and try to get it resolved. I did not hear back from Ms. XXXX, so on XX/XX/2020 I called XXXX XXXX representative XXXX XXXX. MrXXXX XXXX advised me that New Rez/Shellpoint Mortgage had cashed my check within days of receiving it. Mr. XXXX emailed me a PDF image of the cashed check he had received from the bank. 
I then called New Rez/Shellpoint Mortgage Company back. This time I spoke with Employee XXXX XXXX. I sent Ms. XXXX an email message containing the PDF image of the check her company had cashed. I advised Ms. XXXX that neither I, nor my spouse had endorsed the check and that New Rez/Shellpoint did not have my permission to cash the check. Ms. XXXX was eventually able to locate the funds and she stated she was in the process of returning the funds to me. 
Since XX/XX/2020, I have either emailed or called New Rez/Shellpoint Mortgage every day in an effort to ascertain the status of my check that New Rez/Shellpoint cashed without my endorsement or my authorization. 
On XX/XX/2020, I emailed XXXX XXXX, Manager at New Rez/Shellpoint Mortgage. Mr. XXXX indicated they were still in the process of locating my funds. 
On XX/XX/2020, I prepared a check for my monthly mortgage payment to New Rez/Shellpoint Mortgage. As I reviewed my mortgage statement, I discovered that New Rez/Shellpoint had credited {$2900.00} to my account as a payment. It should be noted that I had previously paid my mortgage for the month of XXXX, but New Rez/Shellpoint decided to take {$400.00} in interest and {$750.00} to Escrow. In point of fact, having previously paid my mortgage for the month of XXXX, then the entire {$2900.00} should have been applied to the principal on the note. I am well aware that intent is a key factor in proving any case in a court of law. Aside from the fact that New Rez/Shellpoint cashed a check made out to me and my spouse without our endorsement, the fact that the entire amount was not credited towards the principal balance is further evidence of bad intent on the part of this corrupt organization. 
I do not believe that New Rez/Shellpoint Mortgage or their employees have acted in an ethical or professional manner, nor do I believe that they have any intention of returning the funds they stole. 
I do not believe for a minute that if I were to be a month behind on my mortgage payment that New Rez/Shellpoint would take such a nonchalant attitude about me locating the funds due to them. 
Furthermore, I believe that New Rez/Shellpoint may very well have committed a crime by cashing a check that was made out for payment to myself and my spouse without our endorsement and without our permission. The check was mailed and crossed state lines which brings into question the violation of wire fraud laws as well. 
I sincerely hope your organization can help me to recover my money and shed light on the bastion of criminality and ineptitude that is New Rez/Shellpoint Mortgage.

Company public response: Company believes complaint is the result of an isolated error
Company response to consumer: Closed with explanation