Consumer complaint received 2019-03-04
Company: Shellpoint Partners, LLC
State: MD
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My mortgage was discharged in Chapter XXXX Bankruptcy. My ex ( we were separated at the time ) also filed and the mortgage was discharged in his Chapter XXXX Bankruptcy as well. I stayed in the home but {$1700.00} mortgage payment was unaffordable. My ex had already signed a Quit Claim Deed ( QCD ) which was filed in Circuit Court for Land Records. My mortgage company, XXXX XXXX XXXX offered a modification. During the Modification Trial Period my mortgage was transferred to Shellpoint Mortgage Servicing. I made the three ( {$1500.00} ) required trial payments in XXXX, XXXX & XXXX of XXXX and signed the modification. XXXX accepted the QCD since my ex was on the lien but would not be signing the modification. 
My divorce Judge did not see a need to address the home/property since we were already living apart, the mortgage was discharged in Bankruptcy and ex had signed a QCD. Since the home issue was resolved prior to the court hearing, the divorce degree did not address who gets the home. 
My first payment would be made to Shellpoint and was due in XX/XX/XXXX. XXXX assured me that all documentation was sent over to Shellpoint and modification was finalized. On XXXX XX/XX/XXXX I received notice from Shellpoint that I was behind on my payments and total due was {$6000.00}. I called Shellpoint spoke to Ms. XXXX and was told they didnt get all the documents from XXXX and everything would be ok once all was received. XXXX XX/XX/XXXX received a welcome letter form Shellpoint, it says my first payment is {$1700.00} and is due on XX/XX/XXXX. Again called Shellpoint ( Ms. XXXX ) and was told everything would be ok once all documents are received. 
XXXX XX/XX/XXXX Letter from Shellpoint offering assistance for borrowers who have filed Bankruptcy. 
XXXX XX/XX/XXXX Letter from Shellpoint ( new Single Point of Contact ( SPOC ) XXXX XXXX to assist with Loss Mitigation. 
XXXX XX/XX/XXXX Letter from Shellpoint ( new SPOC ) XXXX XXXX to assist with Loss Mitigation. 
XXXX XX/XX/XXXX Letter from Shellpoint ( new SPOC ) XXXX XXXX to assist with Loss Mitigation. 
XXXX XX/XX/XXXX Letter from Shellpoint ( new SPOC ) XXXX XXXX to assist with Loss Mitigation. 
XXXX XX/XX/XXXX - Shellpoint first Monthly statement dated XX/XX/XXXX says I must pay {$9500.00} to bring my mortgage current. Says I am 141 days delinquent and made no payments from XX/XX/XXXX thru XX/XX/XXXX. Spoke to Ms. XXXX she states the mix up is because they did not get all the documents from XXXX and when I sign the Modification everything will be straightened out., not to worry! 
XXXX XX/XX/XXXX My first Payment due on Permanent Modification is being paid to Shellpoint {$1500.00}. I called MsXXXX XXXX to obtain the correct address to send my mortgage payment to Shellpoint. She said still did not have all paperwork and could not accept my payment. I insisted she provide an address so I could send my payment. She didnt know what the address was and had to call me back. I ultimately was told to send payment to XXXX XXXX XXXX, she said XXXX XXXX XXXX is Shellpoint. Ms. XXXX requested various documents from me. I called XXXX on several occasions and was told all documents were sent, they resent all documents every time I called. However Ms. XXXX continued to request various additional documents from me. Per Ms. XXXX Modification was not completed because I did not have the Modification Notarized. ( XXXX did not require ) then was told XXXX should have notarized their own copy. Was later told modification would have to be redone by Shellpoint. 
XXXX XX/XX/XXXX - Modification received from Shellpoint, the Modification Agreement Checklist says must include a Quit Claim Deed, Divorce, or Death Certificate if anyone on title will not be signing. I immediately called Ms. XXXX explaining my Ex would not be signing the Modification and to verify she had my QCD and that it would satisfy the Modification Agreement Checklist for the signature requirement. She verified she had it in my file and it would be all I needed. 
XXXX XX/XX/XXXX Received Email from Ms. XXXX, giving me her contact information. 
XXXX XX/XX/XXXX Signed, Notarized and mailed Modification to Shellpoint on XXXX XX/XX/XXXX. 
XXXX XX/XX/XXXX XXXX from Shellpoint stating they have not received my signed Modification. I called Ms. XXXX she said they did receive the signed modification, but my ex did not sign. I reminded her of our conversation on XXXX XX/XX/XXXX and I again verified that she did have the QCD and that the QCD is used in absence of his signature IAW Shellpoints  Modification Agreement Checklist. She insisted he still must sign Modification and did not seem to realize the significance of or exactly what a QCD was. I told her a QCD is a legal document used to transfer interest ( ownership ) in real property and is recorded in Circuit Court to update Land Records and is in fact listed as a required document IAW Shellpoints own Modification Agreement Checklist. She said she would call me back. 
XXXX XX/XX/XXXX - Received an email from Ms. XXXX .She advised me that I need to send her my Complete Divorce Degree. I called her and questioned why she needed it and she said she didnt know, but another department had requested it because Mr. XXXX did not sign. I asked to speak to the person in that department. She told me they dont have a phone and I couldnt talk to them. I asked her how does she talk to them and she said by email. I said could I please have their email and she said no. She sounded very frustrated and said just send me the Divorce Degree. I faxed my Divorce Degree to her. I asked to speak to her supervisor, she was not available. Left a message spoke to her later and asked for her help to resolve the modification issue. She said she would check and let me know. She suggested that if couldnt fix Modification, maybe I should do an assumption??? Left her many messages could never get back in touch with her. She was always busy, on the phone or not in. 
XXXX XX/XX/XXXX Letter from Shellpoint stating they have not received signed Modification. 
XXXX XX/XX/XXXX Letter from Shellpoint stating they are unable to offer a Modification. I called Ms. XXXX she said I need to go back to court or write a letter and have the Divorce Court Judge modify my Divorce Degree to state that the house is awarded to me. I told her my ex and I separately filed and the Mortgage was discharged in Chapter XXXX Bankruptcy. In addition my ex signed a QCD and the Judge considered the issue legally settled and did not see the need to address the property in the Divorce Degree. 
XXXX XX/XX/XXXX Received a Notice Of Intent To Foreclose from Shellpoint. 
XXXX XX/XX/XXXX Letter form Shellpoint ( new SPOC ) Ms. XXXX to assist in offering Loss Mitigation for borrowers who have filed Bankruptcy. 
XXXX XX/XX/XXXX received an Email from Shellpoint, Payoff Letter states your next payment due date is XX/XX/XXXX, P & I payment is {$1300.00} ; taxes are due XX/XX/XXXX. 
XXXX XX/XX/XXXX Spoke to XXXX XXXX in Loss Mitigation she told me my account was closed on XX/XX/XXXX and I need to pay the total amount of {$10.00}, XXXX to avoid foreclosure. I asked why the QCD was not accepted, and why Shellpoint also needed Divorce Degree for Modification when their Modification Agreement Checklist only required one or the other, her reply was Oh, you have special circumstances Asked what the special circumstances are, she had no answer. 
XXXX XX/XX/XXXX Letter from Shellpoint ( new SPOC ) XXXX XXXX to assist with Loss Mitigation. 
XXXX XX/XX/XXXX Spoke to Ms. XXXX in Loss Mitigation Dept., faxed over all requested documents. 
XXXX XX/XX/XXXX Spoke to XXXX XXXX in Loss Mitigation dept. He told me I owe {$11000.00} and need to make a down payment and payment plan to avoid foreclosure. He asked me to make a {$5000.00} down payment and pay {$2300.00} a month for 12 months. Told him I couldnt do that he then asked for {$2000.00} down payment. I asked him to send me a letter or email with the information he had just quoted me, he stated he could not do that and instructed me to go to Shellpoint website and fill out a Loss Mitigation form with all my information, upload all my bank statements and income, etc., and he would review my financial situation and he would determine how much I could afford to pay for a down payment. 
NOTE 1 : I have been in contact with the XXXX XXXX   XXXX XXXX XXXX ( XXXX ) to assist me in getting my mortgage modified. On XX/XX/XXXX XXXX contacted Shellpoint and requested Ms. XXXX to return her call ( within 48 hrs. ) to discuss my modification. Instead of returning a call to XXXX, Ms. XXXX instead closed my account on XX/XX/XXXX. 
NOTE 2 : 1. None of the 6 monthly payments I made to Shellpoint were ever applied to my Mortgage. They are all held in suspense!

2. Shellpoint is charging me a late fee every month in addition to other erroneous fees. Also, according to Shellpoint I am charged with no record of payment for XXXX, XXXX, and XXXX, XXXX, when I made three payments of {$1500.00} to XXXX for the Modification Trial Payment. 
3. One evening I came home to find a plain white letter size envelope lying on my front lawn. It was stamped confidential and had my ex name hand written on the front. It was unsealed with scotch tape on the flap. It contained a Modification Agreement Document from Shellpoint and apparently had been scotch taped to my door with a single piece of tape and had fallen off. Several weeks later, I was taking out trash at night and encountered a young lady walking around my property. I asked her what she wanted. She said she was looking for my ex and she handed me another copy of the Shellpoint Modification Agreement. 
4. I want Shellpoint to conduct a thorough payment research and audit of my account.

5. I want Shellpoint to accept the QCD and honor my original Modification.

6. I want Shellpoint to remove all erroneous fees and late charges.

7. I want Shellpoint to credit my account with all the payments I have sent XXXX XXXX XXXX for my mortgage at Shellpoint.

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