Consumer complaint received 2021-05-18
Company: Shellpoint Partners, LLC
State: MD
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
I am currently in a Chapter XXXX Bankruptcy and filed back in XX/XX/XXXX with my mortgage company at the time ( Ditech ). Since I have filed bankruptcy DiTech itself has gone into its own Bankruptcy. Due to this my mortgage was transferred to NewRez LLC, F/K/A New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing. I was never notified of this transfer. As part of my bankruptcy payment plan I make monthly payments to the court for my Pre-Petition arrears, and Post-Petition arrears. I check my information monthly via the court NDC case status website using my account, once my payments are posted, to ensure that payments are sent to my mortgage company from the courts. I noticed in XX/XX/XXXX that my mortgage company name had changed to NewRez LLC. I then used my XXXX  account find this new companys information to call them and find out what was going on and why I was not notified of this change directly, as by law I am required to be notified in writing within 30 days of a change like this. 
Shellpoint stated they notified me and purposely sent it to the wrong address because I was in bankruptcy, and because I am in bankruptcy they are not allowed to contact me so they claimed ( even though I filed my bankruptcy ProSe ). They sent it to the bankruptcy court address, even though my previous mortgage money sent all communication to my home address, as well as all monthly statements. I never changed my address, nor did I give permission to send anything related to me to any address other than my home. If DiTech was able to send me things in writing Shellpoint can do the same, and I should NOT have to explain this to them, nor the fact that sending things in my name to a court address or any address that is NOT mine I will NOT receive it. 
They finally started sending me statements in XX/XX/XXXX. I called them and informed they had my balances incorrect and that it needed to be fixed, I also sent them all my documents and payments made to previous mortgage company directly along with payments made thru bankruptcy plan directly to the court. At this time, they were showing a balance owed of {$50000.00}. Months later I received a letter saying they corrected my balance owed and I would no longer see that high amount. XX/XX/XXXX my statement showed a balance of {$35000.00}. Shellpoint then filed a motion in court saying I was in default in the amount of {$38000.00} ( even though I was supposed to be a COVID forbearance plan ). I do not know the details of this plan due to Shellpoint refusing to send me the documents in writing with a beginning and an end date. 
XX/XX/XXXX my statement balance owed somehow increased to {$58000.00}. In XX/XX/XXXX I made 3 payments directly to Shellpoint, totaling to the amount of {$6900.00} ( this does not reflect my monthly payment to the court, that is then sent from the court to Shellpoint ). In turn my Shellpoint monthly statement balance was then updated to {$52000.00} ( where the rest of the money I paid go to as balance only decreased {$5500.00} ). There was another payment of {$2000.00} made in XX/XX/XXXX, which somehow increased my Shellpoint balance owed to {$55000.00}, as reflected on my XXXX statement. Low and behold my XXXX payment of {$2000.00} once again only brought my balance to {$55000.00}. 
XX/XX/XXXX Shellpoint and I had a court hearing for the motion of default where Shellpoint attempted to remove the Automatic Stay on my home and default judgement for {$38000.00}. The judge stated that Shellpoint received inaccurate records of the amount owed from the previous loan servicer ( DiTech ), and they were to start fresh. Shellpoints Motion of default and terminate of automatic stay was then Denied with Prejudice. 
Since then, I have requested that Shellpoint update their records to accurately reflect my balance in writing ( twice ). I have called and spoken to numerous customer service representatives in the service department, the bankruptcy department, and have scheduled phone call appointments with my Single Point of Contact ( Shellpoint appointed to my account ) representative, as well as their legal department. None of my appointments were upheld on Shellpoints end, as they never called or contacted me, even though the appointments were made via Shellpoint customer service agents. 
Since XX/XX/XXXX I have been requesting and attempting to put in a modification plan with Shellpoint to work this out. They made me fill out new applications for the modification plan on 4 different occasions. Every time I do a modification, I return all the documents requested at the same time ( upload via the website, send email to the loss mitigation email given to me and I fax all the information to them. 3 out of the 4 times they received my information, months go by without a word from them. They wait until I contact them to say oh it was denied or cancelled due to missing documents, or it was not worked on because of the COVID forbearance plan I was supposed to be one. They are never missing any documents but instead are requesting things that do not apply to me like a divorce decree ( I have never been married ), or a letter as to bank transfers made to my underage son. And yes, they are aware he is my son as their request has stated letter of transfer to son. They finally approved a modification trial plan where payments had to be made in the amount of {$2000.00} starting XX/XX/XXXX. In XX/XX/XXXX I received a letter saying the medication is terminated as I failed to make a XXXX payment. This is inaccurate as they received a payment in the amount of {$2000.00} before XX/XX/XXXX, they also received another payment of {$2000.00} before XX/XX/XXXX, as the trial payments stated. When I spoke to customer service, they said they do not know why I got the letter because they see the payments and the loss mitigation department should be able to see them as well. Again no one returns my calls or keep the scheduled appointments and they refuse to reflect my account accurately, even after the courts have ordered them to. 
Shellpoint filed in court for missing payments up to XX/XX/XXXX for Shellpoint and DiTech. Again, this was Denied with Prejudice. This means all past due payments they are claiming were never received and reflected prior to this date ( XX/XX/XXXX XXXX is null and void. All payments received from that point ( XX/XX/XXXX ) should be reflected accurately and credited to my account appropriately. As the judge stated I have a Pre-Petition arrears amount ( {$1200.00} a majority of this has been paid ( {$8500.00} ) ) and a Post-Petition amount ( {$15000.00} also a majority of this has been paid ( {$10000.00} ) ) that were past due listed in my bankruptcy that was agreed to and approved by the court and my previous mortgage company. I am current, up to date and continue to make these payments to the court and that is all that should be showing as behind and to Shellpoint.

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation