Consumer complaint received 2021-11-13
Company: Shellpoint Partners, LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My loan, Loan Number XXXX, was transferred to Shellpoint Mortgage from XXXX XXXX XXXX on XX/XX/2021. The property address is XXXX XXXX XXXX. 

Unable to pay mortgage as Shellpoint has disabled my online access as shown in the attachments. 

Shellpoint then raised the interest rate on the account from 5.5 % to 10 %. Per section 2 of the Promissory Note, you will pay interest at a rate of 10 % following any default as described in section 6B of the Promissory Note. This is in violation of the Agreed Consent that both parties agreed to in the Bankruptcy procedures.

Notice of Foreclosure_______________________ You sent a notice of foreclosure to the insurance company, who in effect, cancelled the policy. I have been told that foreclosure procedures have not yet started and I am unsure why they would receive a notice of something like this before me ( or at all ). This needs to be corrected and you need to cease sending notices to the property address ( es ), the insurance company, or anyone other than me as I am revoking the right for you to share information regarding my account ( s ). 

Bankruptcy_______________________________ My attorney filed an Amended Plan requesting the arrears to be placed as a deferred non-interest bearing principal balance and after the Chapter XXXX Plan was confirmed. XXXX has NOT updated the account with the terms of that confirmed plan. XXXX violated these terms when they increased the interest rate to 10 % during an OPEN BANKRUPTCY CASE and has failed to correct this. Additionally, the promissory note identifies a late charge of 10 % of the overdue payment can be applied to the account as a late charge. It DOES NOT give XXXX permissive right to increase the default interest rate from 5.5 % to 10 % throughout the remaining term of the loan, which XXXX took it upon themselves to do as previously indicated. 

COVID-19 Loss Mitigation____________________________ I applied for loss mitigation options o and you have repeated stalled my request ( denial attached ) Many of the issues addressed have been addressed several times and sent several times. It should go without saying that I should not expect these attorneys fees to be added to my account but caution that if they have been in any form, they should be remove immediately. I advised that I am seeking relief due to the COVID-19 pandemic and have been denied. I requested that this account be reviewed for COVID assistance options on three separate occasions. Your repeated denial of this assistance is illegal under the CARES ACT. I am also requesting the COVID-19 Recovery Modification as defined by the CARES ACT to be processed to my loan. 

Ceasing Contact _____________________________ I recently advised Shellpoint on a recored line that the company was in bankruptcy after she called me three times back consecutively more than a year ago. Mailing harassing correspondence to myself and my tenants, after the commencement of the Bankruptcy Case ( which is in itself a violation of the automatic stay ) that can result in further loss of income and a separate reason for me to take legal action. Therefore, ( yet again ) I have repeated requested you stop contacting me via phone and I never provided you nor consented for you to contact my personal phone line on ending in XXXX. Furthermore, contact future contact regarding the property only needs to be mailed directly to me or my attorney and not to the property itself. The tenants receive these notices and refuse to pay. The other matters addressed in my complaints on file with the CFPB, XXXX, state agencies, as well as sent directly to your office, including the illegal credit reporting, the issues regarding dual tracking, and, the harassing calls in violation of the Fair Debt Collection Act and the penalties that can be accessed under the are all thing I am available to discuss via email only. 

Privacy Policy _____________________________ Per the following Privacy Policy " By clicking Submit I authorize NewRez LLC, its service providers, and/or its affiliates to call me or send me text ( SMS/MMS ) messages about my mortgage loan, including servicing and for collection, at the residential or cellular telephone number ( s ) I provided ( including the use of an automatic telephone dialing system or an artificial prerecorded voice ) even if that telephone number is on a corporate, State or national Do Not Call registry. You do not have to agree to receive such calls or messages as a condition of getting any services from NewRez LLC or its affiliates. Message and data rates may apply. Click here to view our Privacy Policy, '' I REVOKE MY CONSENT to be contacted by call or sms/mms messages about my mortgage loan. 

" To expedite processing, please refrain from additional correspondence via US Mail and direct all future correspondence regarding the matter to this email address as I did not receive this notice on the date indicated. Instead of compiling, the relationship manager '' decided to keep asking for documents that were were not relevant to my situations, initiate foreclosure proceedings while there was an active loss mitigation application in file ( and after the commencement of a automatic stay ), not credit payments to the account, and ignore request where I tried to get the notes performing again.

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