Consumer complaint received 2020-10-07
Company: Shellpoint Partners, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
ATTN : MORTGAGE LOAN SERVICER, ACCOUNTING DEPARTMENT, DEPARTMENT of ESCROW, DEPARTMENT of INSURANCE, * FINAL QWR to IMMEDIATELY CONDUCT, RESEARCH, and PROCESS CORRECTED ACTION ( S ) of ERROR DATA on Account AND TO CEASE AND DESIST ALL ACCOUNT ACTIVITY in the INTERIM of TIME relating to PAYMENTS, FEES/CHARGES and TRANSMISSION of FCRA DATA, to further REPLY via WRITTEN EXPLANATION of ACTION TAKEN on Account with respect to the PERIOD of TIME ALLOTTED BY FEDERAL LAW.

RE : ACCOUNT # Consumer : Address : Dear Sir or Madam : NewRez LLC dba Shellpoint Mortgage Servicing is the Servicer of my Mortgage Loan with XXXX, owned Lender, at the above address. 

I Dispute the amount that you claim is owed according to the Monthly Billing Statement and request that you send me updated information as to the OUTSTANDING Fees, Costs, and ESCROW accounting on this loan. 

This is a " Qualified Written Request pursuant to the Real Estate Settlement and Procedures Act ( section 2605 ( e ) ). Specifically, I am requesting the fo
llowing information : 1. A breakdown of the amount of claimed arrears or delinquencies on Account, Including an Itemization of Dates/Explanation of all fees and charges you claim due on Account since recorded Date of Ownership ; NOTE TO DATE, This Account has been in a formal status of Written AGREEMENT of Forbearance and Deferment for the period of time commencing XX/XX/XXXX through XX/XX/XXXX and must be ACCURATELY APPLIED TO Account with a REANALYSIS of ESCROW that will then READJUST an ACCURATE MONTHLY PAYMENT OF ( {$250.00} ) * once this Account is recorded ACCURATELY via ONE : REMOVAL OF Lender -Responsibility TO Borrower Responsibility TWO : REANALYSIS of ESCROW ( ( {$450.00}. ) * CREDIT DUE TO ESCROW from Borrower ) AFTER the Erroneous action of the INSURANCE DISBURSEMENT dated XX/XX/XXXX to current. 
THREE : Borrower MUST BE INFORMED in WRITING of a TRUE STATUS of Borrower Responsibility To be COMPLETED PRIOR TO Borrowers REIMBURSEMENT to ESCROW, this Action is Demanded DUE TO THE NUMEROUS VIOLATIONS THAT HAVE BEEN INACCURATELY IMPOSED on my Account with DUE respect to CFPB, RESPA, FCRA, and other Government entities. 

EFFECTIVE XX/XX/XXXX, BORROWER REMAINS WITH IMMEDIATE CONCERNS TO INACCURATE RECORDINGS TO WRITTEN AGREEMENT OF FIDUCIARY DUTIES, INVOLVING NewRez LLC dba Shellpoint Mortgage Servicing, XXXX XXXX affiliation to Shellpoint Mortgage Servicing, and XXXX XXXX ( Banking Lender ). 

A Written Agreement to Forbearance and Deferment of Account commencing XXXX XXXX to XX/XX/XXXX has been in a NON COMPLIANT STATUS Of AGREEMENT with Shellpoint Mortgage Servicing, and has VIOLATED RESPA, CFPA, CFRA, FDACS, FTC, NACA FLORIDA LAW and STATUTES ACCORDINGLY, FOR I AM SUBMITTING WRITTEN DOCUMENTATION TO THESE TRUTHS FOR PURPOSES OF IMMEDIATE ACCOUNTABILITY OF INCLUSIVE PENALTIES AND CITATIONS THEREOF, AND DEMAND PROPER CORRECTION OF ERRORS TO THE FOLLOWING DAMAGES : * EFFECTIVE XX/XX/XXXX, a PAYMENT in the AMOUNT of ( {$340.00} ) was PAID TO ACCOUNT in Good Faith on my behalf, I DEMAND COMPLETION OF RECORD TO STATE Borrower Responsibility vs " Lender Responsibility '' per DENOTATION OF RECORD DATED XX/XX/XXXX, XX/XX/XXXX, AND LASTLY ON XX/XX/XXXX, AND therefore DISMISSING ALL INACCURATE CHARGES of LP Insurance that NEGATES THE ORIGINATION OF AGREEMENT and TRANSFER AND SALE FROM XXXX  XXXX XXXX, AND due diligence to XXXX, TO CLEAR THIS ESCROW ACCOUNT ONCE AND FOR ALL, AND FURTHER COMPLY TO THE DEMAND TO REMOVE UNAUTHORIZED PAYMENT OF PROPERTY TAX ON ACCOUNT. 
** THIS ACTION WILL PROPERLY SET ESCROW TO a XXXX BALANCE and REMOVE ESCROW. 
** THIS ACTION WILL PROPERLY RE ESTABLISH the ORIGINAL STATE of LOAN and PAYMENT AGREEMENT of ( {$250.00} ).

2. An Explanation of how the Monthly amount due of ( {$340.00} ) current, and effective XXXX XXXX, ( {$350.00} ) was increased FROM the ACTUAL PAYMENT OF ( {$260.00}, P & I/Tax ) dated XX/XX/XXXX with Consideration to an Amortization Schedule dated XX/XX/XXXX, ( {$250.00} ) AND HOW THIS INCREASE RELATES TO THE STATED AND MOST UPDATED CORRESPONDENCE : * AMORTIZATION SCHEDULE, dated XX/XX/XXXX Correctly stating P & I ( {$250.00} ) * LP INSURANCE, UNLAWFUL ACTS of Violating my Rights, XXXX XXXX MADE AN UNLAWFUL CHOICE IN CONTACTING MY PRIVATE INSURANCE COMPANY TO PAY A REMAINING BALANCE IN XX/XX/XXXX THAT WAS NOT EVEN DUE AT THE TIME on my behalf HOWEVER DISBURSED A PAYMENT OF ( {$450.00}. ) THEN DEDUCTED THAT PAYMENT FROM ESCROW TO A NEGATIVE BALANCE, AND PROCEEDED TO AGAIN, ADD THEIR HIGHER LP INSURANCE ONTO MY ESCROW, this was acknowledged per my phone conversation, XX/XX/XXXX ( per XXXX, Ins Dept Supervisor ). FACT CHECK DATA : on XX/XX/XXXX it was concluded on record that I indeed was Correct in my Statement with the Status of BORROWERS Responsibility vs Lender, therefore, NO LP INSURANCE Authorized. 
* PROPERTY TAX, I am advised that my Property Taxes are scheduled to enter into ESCROW, XX/XX/XXXX XXXX This is INACCURATE info as I still remain with the Authorization Forms on hand and therefore have NOT Authorized said Transaction.

3. The payment dates, purpose of payment, and recipient of all ESCROW ITEMS charged to my account since Date of Record, with INCLUSIVE BREAKDOWN of the current ESCROW CHARGE showing how it is calculated and the reasons for an increase within the last 24 months ; NOTE : The CORRECT PAYMENT OBLIGATION PER THE ORIGINAL LOAN ( XXXX XXXX XXXX  ) AND All Legal Context to be Upheld and Carried out Appropriately.

4. A copy of any annual escrow statements, and notices of a shortage, deficiency, or surplus, sent to me within the last Two ( 2 ) years ; and 5. The current balance in any  suspense account as of XX/XX/XXXX and the reason why such funds were deposited in the account.

6. A complete copy/report of Record presented to the Federal Consumer Reporting Act effective Date of Ownership.

NOTE : INCLUSIVE TO XXXX, XXXX, and XXXX. 
* EFFECTIVE XX/XX/XXXX, YOU HAVE INACCURATELY ALLOCATED MY MORTGAGE PAYMENTS via ERRONEOUS AND UNLAWFUL ACTS OF PURSUING LP  INS, Not once but THREE ( 3 ) times over WHEN IN FACT PROOF OF BORROWER INS WAS PRESENTED on an ESCROW STATEMENT DATED XX/XX/XXXX, THIS STATEMENT FURTHER PROVES THIS ACTION WAS THEN REVERSED EFFECTIVE XX/XX/XXXX, AND CLEARLY STATES ABSOLUTE WRITTEN EVIDENCE OF A CREDIT, ( {$200.00} ) PLACED BACK into ESCROW, AND THEREFORE MAKES EVIDENCE TO ESCROW VIOLATIONS, AS YOU THEN PROCEEDED WITH KNOWLEDGE TO THE UNLAWFUL AND MALICIOUS ACT OF WILLFUL INTENT TO ( WITHOUT ANY AUTHORIZATION ), CONTACT AND PAY MY PRIVATE HAZARD POLICY 'S REMAINING BALANCE OF ( {$450.00} ), IN XX/XX/XXXX, THEN REPLACE MY INSURANCE WITH ONCE AGAIN, A THIRD TIME WITH YOUR LP INS, ( XXXX XXXX  ), WITHOUT ANY NOTICE of NOR DECLARATION of POLICY Addressed TO ME, the BORROWER that was Erroneously CHARGED with a Larger monthly Payment along with Payments to my HOA that Includes this Insurance!

** PLEASE SEE DOCUMENTED REPORT OF FINDINGS.

I will begin by stating that with Truth and Transparency of Written Documentation, that the following Transactions have  occurred from the onset of the Sale of my Mortgage Loan from XXXX  XXXX XXXX to XXXX, NewRez LLC dba Shellpoint Mortgage Servicing beginning XX/XX/XXXX. 
The following List of Entities are included and will be copied immediately following this Complaint for purposes of holding accountability to the Party at fault by way of due Justice : *RESPA Violations as it relates to the Mortgage Breach of Contract with respect to the following Entities.

*FDACS as stated *FTC as stated *NACA as stated  *FDCPA as stated *FCRA Violations relating to the Unfair Credit Reporting Practices *PLEASE NOTE that after a  recorded ( 122 # ) phone call attempts, QWR ( 2 ) attempts,  and POC Account Email Communications, *for I still remain in an Incomplete Status. 
On XX/XX/XXXX a Notice of Loan Transfer was sent to me from XXXX  stating that as of XX/XX/XXXX the Services of my Mtg Loan will be taken over by Shellpoint Mtg Svcg with Statement Fact that my Monthly Payment will not be affected and No change to the Terms and Conditions, to  follow, dated XX/XX/XXXX, I received a XXXX Statement of Escrow indicating my mo pymt of ( {$250.00} ) P & I, and ( {$7.00} ) Property Tax for a total of ( {$260.00} ) However I received a Notice of Transfer from XXXX After the Fact, dated XX/XX/XXXX being Clearly outside of a 15-day window, ADDING to this, Shellpoint has INACCURATELY REPORTED LATE PAYMENTS TO my Credit Bureaus TO INCLUDE Ownership of Mtg Loan dated XX/XX/XXXX when in FACT I was making PAYMENTS to XXXX, AND Shellpoint moved to further FALSIFY recorded Payments with Reported Derogatory Marks on All my Credit Bureaus from XXXX, I am STILL Disputing my Credit as I have Never defaulted on my Mortgage Loan since the XX/XX/XXXX onset date and there MUST BE ACCOUNTABILITY for this! 
RE- ESCROW sudden Change : Upon my Original Loan Agreement with XXXX, my Escrow *Only included Annual Taxes, No LP Insurance AND was transfered as such, My initial Three ( 3 ) Payments with S/P were fully transparent and accurate, in XX/XX/XXXX all of a sudden * After proof of Borrowers Insurance Policy, My Payments INCREASED BY XXXXapprox $ XXXX/mo with Addition to the Third Party Vendor Insurance, XXXX XXXX ADDING ON their higher costs of Hazard Insurance, therefore moving my monthly payment from {$250.00} to {$340.00}, not just once but Two Additional times within a menial 9/mo period and now they have reported every month late in payment to which is not true I have never been delinquent on my mortgage account from the onset of XX/XX/XXXX with XXXX  XXXX XXXX FINALLY on XX/XX/XXXX it became very clear to the Insurance Dept that in-fact the ESCROW is of Borrowers Responsibility vs Lenders, However `` it Does Not stop there.., '' Their In-house insurance, XXXX XXXX literally PAID " my Personal Policy Without Authorization AND Placed their LP Ins back onto my Account! TO CURRENT, I have been on an Offered Forbearance and Deferral, XXXX XXXX - XX/XX/XXXX HOWEVER my Account Activity in my PORTAL is RECORDING ADVERSE ACTIVITY for the above stated duration of time and has since ( from XX/XX/XXXX ), FLIPPED BACK my Account recording Lender Responsibility status from the most recent documentation on XX/XX/XXXX, Borrower Responsibility AND I AGAIN have an Insurance Pymt scheduled this month, XX/XX/XXXX forward AND " Though Never giving Authorization for neither Insurance nor Taxes, '' I, too have Taxes coming out of Escrow, XX/XX/XXXX, I actually have the Unsigned AUTH Form on hand ALONG with All Written and supported Documentation for the record. 
Please Note that I must get this resolved and have received Legal Alternatives with two separate Attorneys on these Issues HOWEVER this would have to go through the Federal Court system and could very well tie up a lot of time AND will Financially bind me.

My last conversation with the Insurance Department Supervisor, XXXX, it was stated that if I moved to reimburse the {$450.00}. insurance disbursement, I would no longer have an escrow account however that same day, XX/XX/XXXX within two hours, I called back and spoke to XXXX XXXX, a customer service supervisor and was told NO, that would not clear or XXXX out my escrow account and as a matter of fact my XXXX payment again includes an insurance payment and in XXXX my property tax payment is scheduled to come out of escrow .. I am very confused, Extremely Frustrated and Disappointed that my EXPENSE IN TIME and EFFORT for ONE FULL YEAR NOW Still in a Disastrous State for at this point I have absolutely no confidence nor faith with Shellpoint Mortgage Servicing And I last spoke with my Point of Contact, XXXX XXXX in loss mitigation as she was attempting to correct the deferment for XXXX and XXXX and thats where my contact has stopped. 

I WISH TO : *Accurately IMPOSE PENALTIES and FINES to the Violations that I will provide proof of, for these Violations have FALSELY-DRIVEN a NEGATIVE FCRA recording. *ACCURATELY Enforce a proper Borrower Responsibility on Account record, with all necessary CORRECTIONS TO the months affected by my Escrow Account for the record, AND *once I am secure with the above, I will feel confident in contributing the erroneous Insurance Disbursement into Escrow, therefore to further commence with accountability to the Original Agreement. Please note that I am truly AFFECTED BY THIS ongoing Erroneous Behavior and activity and I will fully Attest to these statements so help me God. 

Respectfully,

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