Consumer complaint received 2019-01-22
Company: Shellpoint Partners, LLC
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
To Whom It May Concern : In recent months we have been in communication with our Representative at Shellpoint Mortgage, XXXX ( XXXX ) XXXX, as well as a XXXX XXXX and XXXX XXXX, in regards to our mortgage being sold to Shellpoint from XXXX XXXX XXXX ( which by the way, was sold to XXXX by XXXX XXXX in XX/XX/XXXX ). Needless to say, it has been a disaster, and all downhill ever since our mortgage moved to Shellpoint. Mr. XXXX recommended that we reach out to Shellpoint 's " Escalations Department '', but nothing has been resolved and no door to communication has been opened between us to date. Mr. XXXX repeated the same reasons, excuses and apologies that you will see listed below, but no help whatsoever to date ). Here is the situation in a nutshell - On XX/XX/XXXX and XX/XX/XXXX our home was impacted by Hurricane Irma, and we sustained thousands of dollars in damage to our home. Due to this fact, XXXX offered us a grace period to not make payments, while avoiding late fees, penalties and interest, so that we could focus on repairs, check into insurance, etc. We were to resume our regular payment schedule during a " trial '' period XXXX, XXXX and XX/XX/XXXX and then be re-evaluated. We have records of payments on the following dates : XXXX ( XXXX agreed payment ) XXXX XXXX-SHELL WEB PMTS {$1100.00} XXXX ( XXXX agreed payment ) XXXX XXXX-SHELL WEB PMTS {$1100.00} XXXX ( Should've been XXXX Payment ; please see explanations below ) XXXX XXXX-SHELL ACH PMT {$1200.00} XXXX ( First trial/modification payment to XXXX before given to Shellpoint ) XXXX XXXX : XXXX XXXX {$1200.00} XX/XX/XXXX XXXX XXXX XXXX DRAFT PMT {$1200.00} XX/XX/XXXX XXXX XXXX XXXX DRAFT PMT {$1200.00} XX/XX/XXXX XXXX XXXX XXXX DRAFT PMT {$1200.00} XX/XX/XXXX MORTGAGE PYMT - XXXX  {$1200.00} Below is a general timeline of what took place when following through on our XX/XX/XXXX agreement with XXXX XXXX XXXX : XX/XX/XXXX - made first payment to XXXX XX/XX/XXXX - made multiple calls to Shellpoint to arrange 2nd payment, only to be told " we are unable to take a payment at this time since we have not received all necessary paperwork from XXXX. Many are experiencing the same thing. Thank you for your patience. Please call back and try again in coming days. '' Again, we attempted multiple times in XXXX ( they do have record of all these calls ) XX/XX/XXXX - Same reply as XXXX, however, told by XXXX XXXX that if we want to make a payment he would take it, but still no paperwork and sorry for delay. We felt uncomfortable making the XXXX or XXXX payments due to the lack of organization between XXXX and Shellpoint, therefore held off a bit longer, only to begin receiving certified letters telling us that we are facing foreclosure. Also, at this time it was advised by XXXX XXXX that we move to a new program that would go to 40 years with a payment around {$1100.00}, but Mr. XXXX ADVISED AGAINST US DOING SO, " because it was not a good offer compared to what we have ; it would add 10 years, so just hang in there '', therefore we declined ... but paperwork remained as if we had accepted! So, then BOTH opportunities had passed by this time due to poor, or lack of any, communication ... 
At this point we truly felt that we were floating at sea sharing one plank of wood between XX/XX/XXXX Complaint Print XXXX XXXX XXXX XXXX XXXX 3/6 the two of us ( me and my wife ). XX/XX/XXXX - After speaking with XXXX XXXX we chose to make the XXXX payment, I believe this was XX/XX/XXXX in the amount of {$1200.00} so as to avoid any lingering threats by mail. At this point all paperwork still not fully transferred and we are told that " many XXXX clients have had the same issue and we are sorry for all '', etc. Same thing we've heard each time contacting someone. [ Note - XXXX XXXX was extremely helpful, and really tried to remedy all in XXXX/XXXX, but XXXX is ALWAYS difficult to reach and offered no true assistance, just excuses and apologies ). In the meantime, more threatening certified letters arrive about foreclosure, but we are assured by every person we contact at Shellpoint that " these letters are automated and not to be concerned '' ; but because the letters needed to be picked up at the US Post Office and signed for, this caused a huge amount of anxiety and unnecessary stress for me and my wife. XX/XX/XXXX - Spoke with XXXX and XXXX again, this time to find out that there is no record of an XXXX payment!! Even though we have record in our bank account ( I can provide this information ) and it was XXXX XXXX himself that took the payment! In addition, we've discovered that our credit report at this point begins to show 150+ days past due on our most important payment ... our mortgage!! This has absolutely destroyed our credit! This has also made it impossible to refinance and start fresh ; we have had cards cancelled by creditors and are now struggling to keep up with all. So, the same person that initially advised against us going with the 40-year plan, and the same person that took our payment then could not find record or remember ( XXXX " XXXX '' XXXX ) is recommending at this point that we begin this new program of 40 years, etc. in XXXX to keep the home from going into foreclosure. So, this is what we felt forced to sign up for ; no issue on our end, just very bad business on their end! But we pay the price! Our credit, our reputation, our mental and emotional turmoil, etc. Certainly, it's our belief, that anyone would have been uneasy to make additional payments at this point ; so XXXX was not paid so that we could begin fresh, with the new plan for XXXX - XX/XX/XXXX. So, we've made the XXXX payment in the amount of {$1100.00} in XXXX and the XXXX payment of the same amount in XXXX ( please see notes from our XXXX XXXX  statement above ). Finally, I was told today that we should contact you with this complaint, and it was mentioned that XXXX may have sold off to Shellpoint due to some legal issues regarding how they've treated consumers, such as us. Although we have nothing personal against any person listed in this complaint, we do have it with Shellpoint Mortgage, and we want our credibility restored via our Credit Report, etc. We want this to be made right, and we want the opportunity to refinance with a reputable company. In fact, we really need to get this resolved as soon as possible. According to Shellpoint we are 180+ days late on our payments and this is simply not true, and this is not our doing ... it's just unacceptable. Can you help us? Please contact us at your earliest convenience. 

ALL OF THE ABOVE WAS IN MY INITIAL COMPLAINT FILED ON XX/XX/XXXX COMPLAINT NUMBER - XXXX-XXXX  Since that time we agreed to jump through all of the hoops created by Shellpoint and set up a 2nd Modification Agreement ( TPP ). We reluctantly made the XXXX, XXXX, XXXX payments and received a letter in XX/XX/XXXX, after our XXXX payment stating " Congratulations! You are CURRENT ''. On the same day we received a separate letter from Shellpoint stating the opposite ; that " we have not yet received your notarized documentation to honor the TPP '' and a veiled threat that will be reported to credit and foreclosure could become a factor, AGAIN!!! Once again, the right hand does not know what the left hand is doing and we are stuck in this perpetual spin cycle with no resolution. On XX/XX/XXXX ( 2 days ago ) I was notified by all credit monitoring agencies that we are 120+ days past due on our mortgage and our credit score dropped at least 80 points overnight!! So, I called Shellpoint today and spoke with XXXX XXXX ; she has enlightened me with the following facts : 1.  Shellpoint knew that we could not make payments within 60 days of XXXX moving the mortgage to Shellpoint, yet we were not given this information and in XXXX WE WERE PUNISHED ( her exact words ) due to THEIR oversight/mistake. Yet, we still moved to a terrible 40 year mortgage setup and jumpled through the 2nd TPP hoops. 

2. XXXX XXXX told me today ( XX/XX/XXXX ) that there is NOTHING indicating that we are late, nor that anything has been or should be reported as such on our credit, yet, it very clearly is as of today. XXXX said that " by all I see here you are current and never been reported late, etc. '' We have spoken with an attorney that said we " definitely have a case '' ; we are getting a retainer together now, and that most of this falls under FDUTPA - The Florida Deceptive Trade Practices Act. 

Again, we are receiving two different documents on the same day from Shellpoint that contradict one another ( we have much proof to provide ). This has caused a major amount of stress, unneeded upset, mental anguish and needs to be made right ASAP!!! 

The first complaint filed was simply ignored because Shellpoint is only going by " what they see in the computer '', but my feeling is they must have TWO FILES for us and they are not paying attention to the erroneous one causing all the problems! 

They owe us an apology, a credit above and beyond the heartache, and they need to put us back to 30 years at 3.875 % with the remaining balance of around {$190000.00}! 

This is unlawful, unacceptable, incompetent and unethical on multiple levels! 

Help us!!

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