Consumer complaint received 2016-05-31
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Settlement process and costs

Complaint:
I obtained a mortgage through XXXX XXXX that mortgage was transferred to XXXX XXXX XXXX. After I starting having trouble paying XXXX XXXX XXXX transferred my loan to Resurgent Capital Services ( hereinafter Resurgent ). 
I initiated the Modification through Resurgent and during the modification process they transferred the loan to ShellPoint Mortgage Servicing ( hereinafter ShellPoint ). 
I obtained a loan modification ( Exhibit XXXX Modification Documents ) through ShellPoint. 
I never received a Clarity Commitment Statement from ShellPoint and I requested in writing that they explain how they arrived at the arrearages they were adding to my loan ( Exhibit XXXX ). 
Before the modification was granted I requested information on my mortgage from ShellPoint and they responded in a letter that the total amount due on my loan for the period of XXXX XXXX, XXXX through XXXX XXXX, XXXX was {$15000.00}, which is impossible when my total payment monthly payment was XXXX over 12 months would only be {$10.00}, XXXX. The {$10000.00} amount is assuming they were also paying the taxes and insurance, which they were n't. ( Exhibit XXXX Letter from ShellPoint dated XXXX XXXX, XXXX ). 
XXXX added taxes and insurance to my default payments even though I paid my own homeowners insurance during my default period ( Exhibit XXXX XXXX XXXX Homeowner 's Bill ) and neither ShellPoint nor I paid my property taxes during the default period. 
I made several payments during my default period some were accepted but others were not. There are a number of payments ( even prior to the default period ) that are listed as unapplied. I received XXXX different loan histories from Resurgent that do not match ( Exhibit XXXX XXXX Loan Histories from Resurgent ). 
In addition Shellpoint stated that I had a shortage in my escrow account in the amount of {$1200.00} and that {$26.00} of the modification would be applied to the Shortage over 60 months ( Exhibit XXXX Modification Offer Letter from ShellPoint ). Shellpoint also changed my modification payment 3 times before arriving at the final payment because they could not account for what all of the payment were covering. ShellPoint also stated in a letter that my Escrow Account contained a cushion of {$530.00} ( Exhibit XXXX Annual Escrow Disclosure Statement Dated XXXX XXXX, XXXX ). What happened to that cushion? 
I pulled an annual tax statement from XXXX 's website that says my shortage was {$1400.00} and that I had an negative amortization in the amount of {$7300.00}. I never agreed to any negative amortization. ( Exhibit XXXX XXXX Tax Statement from ShellPoint ). There is nothing in anything I received from ShellPoint that discusses negative amortization outside of the XXXX tax statement that I obtained from the Internet ( they never mailed me a copy of this statement ) ( Exhibit XXXX Loan History from ShellPoint ). 
In addition to the Modification I applied to Keep Your Home California and was granted Reinstatement Assistance Program ( MRAP ) and was told it was only available with a modification ( Exhibit XXXX Email Eligibility Letter from Keep Your Home California ). Shellpoint refused and told me that I had to choose between their Modification offer and the Keep Your Home California program but I could not have both ( Exhibit XXXX Letter from Keep Your Home California ). 
After modifying my loan ShellPoint sent the loan back to XXXX XXXX XXXX who then immediately raised my modified payment to cover the arrearage in the escrow account ( See Exhibit XXXX Letter from XXXX XXXX XXXX ) which was supposed to be covered in the modified amount ( Exhibit XXXX ).

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