Consumer complaint received 2022-12-06
Company: Shellpoint Partners, LLC
State: MN
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
A loan was originated with XXXX  XXXXXXXX XXXX  on XX/XX/XXXX during the height of the XXXXXXXX XXXX XXXX.I was a first time home buyer and was told by my mortgage broker that it would be no problem refinancing later-which was not true due to the XXXX economic collapse and XXXX  employment. 
In XXXX, I began the process of pursuing a loan modification with XXXX and continued to pay my second mortgage with XXXX XXXXXXXX ( XXXX ) .They had done a short term modification for me that was 6 months. After that I attempted to do a permanent loan modification with XXXX for the 2nd mortgage. After several attempts to contact them both by phone and in written correspondence to pursue and secure a modification, they simply stopped responding. ( I found out later that XXXX XXXXXXXX under XXXX had declared bankruptcy in XXXX. ) The next I heard from anyone was that Green Tree Financing was my loan servicer. I tried to contact them and they also didnt respond. The paperwork they sent me did not have any of the original terms of the loan-no clear amount owed and no interest rate. 
The next statements I received were from Ditech saying that they were servicing my loan-also with no terms, etc Ditech went through bankruptcy twice between XXXX, and they sold the servicing to ShellPoint Mortgage Services who said that XXXX  XXXX XXXX ( XXXXXXXX XXXX XXXX XXXX now owns my loan. 

I hired a lawyer who pursued Shellpoint with certified letters to ask for verification of the loan and the letters were received, but never responded to. 

I then approached the Attorney General of the State of Minnesota and Shellpoint Mortgage finally responded. They also filed the mortgage with the State of Minnesota in XXXX of XXXX, after hearing from my lawyer, but never responded to us directly. 
There are key pieces in their response letter that are concerning to me : Concerns -Please accept our apologies as due to an inadvertent error, your prior communication was not sent over to provide a timely response- For 10 years? 

-Why is an assignment, assumption and recognition agreement private? XXXX. What did they pay for the note and is there actual proof that that is the amount owed? 

-Notice that they registered the mortgage with the state of Minnesota AFTER receiving letters from my lawyer-which they did not respond to at all. 
I paid through t
he 1st mortgage modification. I was never informed of the charge off. Why would a mortgage loan be charged off within a 35 day window of receipt of a payment? 
Is the asset still in their books as an asset after charging it off and why? 
There was no attempt to modify the loan or respond at all to my request for a modification, what are the legalities around that? 
In summary, I question the legality and validity of this lien based on the way I have been treated as a consumer and how much time has passed between communications from the various servicing entities. It currently sits as a lien against the property with no clear path forward and low trust, based on long gaps in communication and no negotiation. 
I question both the moral and legal behaviors of XXXX, Green Tree, Ditech, Shellpoint and XXXX  XXXX XXXX. 
Thank you for your support in resolving this in a fair and equitable way.

Company public response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
Company response to consumer: Closed with explanation