Consumer complaint received 2018-07-09
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am writing to request an accurate and timely reporting of my reinstatement to be delivered to the Keep Your Home California ( KYHC ) program team. 

I became aware on Friday XX/XX/XXXX that the KYHC team is struggling to create an affordable payment for me through their program ( which would help me to save my home ) because the Servicers Worksheet provided to KYHC by Shellpoint in late XX/XX/XXXX shows a total due to bring current upward of $ XXXX. I have not missed a payment since XX/XX/XXXX but SHELLPOINT HAS BEEN REFUNDING MY MORTGAGE PAYMENTS, accumulating a much higher reinstatement amount than originally proposed. 

I contend that the reinstatement amount is {$54000.00}. Here is the evidence : XX/XX/XXXX Mortgage Statement shows Reinstatement Amount {$54000.00}. Again, I have not missed a single mortgage payment since XX/XX/XXXX. 
The following mortgage payments I made were delivered to Shellpoint and electronically re-deposited to my checking account without my permission. 
XX/XX/XXXX {$4000.00} refunded on XX/XX/XXXX XX/XX/XXXX {$4000.00} refunded on XX/XX/XXXX XX/XX/XXXX NOTICE OF DEFAULT AND INTENT TO ACCELERATE reinstatement amount {$54000.00} ( {$250.00} of interest since XX/XX/XXXX on payments that I DID make? ) XX/XX/XXXX {$4000.00} refunded on XX/XX/XXXX Additionally, Shellpoint delayed my eligibility for KYHC for one month. 
I was accepted to the KYHC program on XX/XX/XXXX and shared that information with the Shellpoint Loss Mitigation Team and with XXXX XXXX, my contact at Shellpoint, before XX/XX/XXXX, the deadline for my appeal for a loan modification denial. 
By XX/XX/XXXX I learned that KYHC was just waiting for a Servicers Worksheet from Shellpoint ( I was assured by KYHC that my responsibilities to provide documentation to KYHC were complete and there was nothing more I could do to further my application. ) During the week of XX/XX/XXXX, I learned that KYHC still had not received a Servicers Worksheet from Shellpoint, further delaying my eligibility.

When I became aware in XX/XX/XXXX that Shellpoint was refunding my payments, I spoke to XXXX XXXX, the representative assigned to me. She explained that Shellpoint would continue to refund the payments. I spoke to the bank manager at XXXX XXXX XXXX XXXX and she assured me that she could not stop Shellpoint from refunding my mortgage payments. So, I stopped making payments starting in XXXX since I was assured they would be electronically refunded to my account. 

Given that I was accepted to the KYHC program on XX/XX/XXXX, I assumed that the various teams would support me in a timely manner and accept my mortgage payments. To continue supporting me to keep my home, the XXXX I have owned and lived in since XXXX, I request that 1 ) Shellpoint accept my mortgage payments for XXXX through XX/XX/XXXX, which I can mail right away. 2 )  Communicate the appropriate reinstatement amount to KYHC, {$54000.00}.

Given that a Notice of Default was recorded with the County on XX/XX/XXXX, this is an urgent matter. I am certain that the Shellpoint team and KYHC want to avoid foreclosure and work together to help me keep my home.

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