Consumer complaint received 2016-11-03
Company: Shellpoint Partners, LLC
State: OH
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
" NOTICE OF ERROR '' In XXXX XXXX was transferred a mortgage the transfer notice listed errors such as the amount of money owed improper escrow accounts and a wrong monthly payment this loan was modified by a chapter XXXX bankruptcy in XXXX with a reaffirmation agreement showing a {$55000.00} reaffirmed balance at a rate of 5.25 %. The statements listed a principle amount of {$72000.00} with a payment of {$500.00} which is a violation of the bankruptcy agreement and Regulation X as defined in 12 CFR 1024.38 ( a ). I notified XXXX by a QWR of the errors listed on the account XXXX with no respones also a violation of XXXX CFR XXXX. XXXX continued sending me incorrect monthly statements show not only the wrong amount of principle and interest escrows and now listing a deferred balance of {$17000.00} which was the exact amount of the reduction of the reaffirmation agreement this was a clear violation of the U.S. bankruptcy law and as defined in CFR 1024.35 ; 1024.41 ; 1024.33. I repeatedly contacted XXXX and finally one year later per XXXX records the company adjusts the loan amount to match the reaffirmation agreement signed in XXXX and did not notify me this is a violation of CFR.1024.38 ( a ) ( b ). The XXXX monthly billing statements changed to informational statements and as of XX/XX/XXXX did not list any amount due but only to pay according to the terms of the bankruptcy plan this was is clearly a violation of CFR 1024.38 ( a ) ( b ) ( 4 ). This went on for many months of not receiving any clear monthly billing statements on what I owed I threatened to contact the CFPB and about the loan and in XXXX XXXX retained a law firm called XXXX to foreclose on my property at XXXX, Ohio XXXX. My loan number attached to this property was XXXX and was being serviced by XXXX mortgage service during the foreclosure turned over to XXXX a XXXX company. Per the court records this complaint was filed on XX/XX/XXXX and then listed a Plaintiff of XXXX XXXX/XXXX/XXXX all monthly statements from XXXX listed only the deferred P & I of {$17000.00} " bank bankruptcy money '' and pay as to the plan. 
On XX/XX/XXXX I received a notice of assignment, sale or transfer of ownership of mortgage ( 15 U.S.C. 1641 ( g ) ) stating that my loan had been sold to XXXX aka XXXX. The sale date was XX/XX/XXXX and the letter listed a new service providers contact information.Then I received a letter for shellpoint mortgage indicating that as of XX/XX/XXXX Shellpoint had taken over my account. I informed Shell point by a CFPB report and a QWR the status of my loan was in a foreclosure and was told that by shell points records it was on hold this was a phone conversation. I included a letter in the CFPB complaint in XX/XX/XXXX of the same. On XX/XX/XXXX I received a response letter from Shell point that confirmed the mismanagement of the previous loan service. But Shell point has ignored the foreclosure still taking place on the property by XXXX attorney still only representing the old owner of the mortgage by record in the courts. Now when I contact Shell point they transfer me to that attorney and I want to know why? I am not listed in any suit against XXXX or Shell point. It is plan to see that the attorney representing the old investor and now shell point are both dirty in the concealment of the transfer of ownership of the mortgage from the courts eyes and now both have been notified of there illegal actions by this letter of error and the QWR listing the facts in XX/XX/XXXX. By the mortgage being sold to XXXX the foreclose should be dismissed and Shell point should follow the correct Loss mitigation procedures set in place by 12 CFR 1024.41 as this is a new loan to them and the investor as of the date of transfer.

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