Consumer complaint received 2022-10-31
Company: Shellpoint Partners, LLC
State: DE
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
1. On XX/XX/XXXX, my former husband applied for a refinance loan on the property. I never signed for the refinance loan and was not in agreement. When the loan was processed, I was told that the VA required that I sign the security note even though I was not on the loan because I was on the deed. I have since been told by the VA that this was not the case. 
2. In the XXXX week of XX/XX/XXXX, he announced that he was leaving and would no longer pay the mortgage. 
3. On XX/XX/XXXX, he agreed and filed borrower assistance to begin loss mitigation. 
4. In XX/XX/XXXX, my former husband filed for bankruptcy 5. On XX/XX/XXXX, the mortgage company filed for relief from bankruptcy and named me as a co-debtor. 
6. In XXXX, I contacted the attorney 's on the notice to get information on why I was named as a co-debtor when my name was not on the loan note. 
7. I was told they could not speak with me due to the bankruptcy. I then contacted the mortgage company, who informed me that they could not speak with me because I was not on the loan. 
8. On XX/XX/XXXX, I obtained authorization from my former husband to speak to the mortgage company. I inquired regarding my options since I continued to occupy the home. I was told that since my former husband was still on the deed and had filed for bankruptcy, which was pending, nothing could be done independently by me. 
9. On XX/XX/XXXX, the bankruptcy application was approved. 
8. In XXXX, I began calling the mortgage company to see what I needed to do to ensure that the debt was not assigned to me since I had not signed the note. On XX/XX/XXXX, I received in writing a response to my inquiries from the mortgage company. 
9. XXXX, I contacted the VA to inquire about my rights and obligations. I was told that the loan would be assumed, that it would not go on my credit report, and I would not be liable for the loan. They also informed me that it was not necessary that I sign the Security note for them and that I had been misled. 
10. I then contacted the mortgage company again, who informed me that there was nothing I could do because our matters had not been settled. My former husband was considered to be the owner of the loan. 
11. On XX/XX/XXXX, the divorce was finalized, but all ancillary matters had not been decided. A future hearing date was eventually set for XX/XX/XXXX. 
12. On XX/XX/XXXX, I received a notice that the company intended to accelerate the foreclosure process. Again, I contacted the company to clarify my options since the ancillary matters had not been settled. I was told that I could request a COVID forbearance until we could go to court in XXXX. 
13. On XX/XX/XXXX, I contacted the mortgage company to inform them that the hearing was carried over and there was no new date. I then began the process of requesting a modification. 
14. Throughout XXXX, I had ongoing conversations with the mortgage company and a XXXX XXXX. 
15. On XX/XX/XXXX, a loss mitigation application was submitted by my Counselor from the XXXX agency. 
16. I continued my conversation with the mortgage company, who informed me that I needed to submit the deed and a final alimony order, all of which were still pending. They informed me that I could request additional forbearance time while the matter was still in court. 
17. On XX/XX/XXXX, my divorce attorney successfully obtained the deed through a Quit Claim. 
18. I contacted the mortgage company again, who informed me that they still needed the court 's final order for the property division to proceed. 
19. On XX/XX/XXXX, the final hearing regarding the property division was held. I was told that the Judge would issue a decision within 90 days.

20. I contacted the mortgage company again to inform them that the property division was over, but I did not have a decision yet. I updated my bank statements to reflect the most recent 90-days. 
21. I maintained constant contact with the mortgage company throughout the process. 
22. In XX/XX/XXXX, I reached out to the mortgage company to request an extension of the forbearance since I was still waiting for a decision. The forbearance was set to expire in XX/XX/XXXX. I was told that I had to submit a request in writing and that the POC for the loan would contact me. 
23. I never received a call. When I called the company later that month, I was told that they could not talk to me because the loan was in bankruptcy and the only thing that I could do was contact my former husband 's attorney to request that he sign a form that allowed them to speak to me. I informed them that this had been done in XXXX, and I had to pay an attorney {$1100.00} in bankruptcy court to secure the permission. They told me they had no record and could not speak to me. I, therefore, had no way of requesting additional time while waiting for the court. 
24. I remained persistent, and in XX/XX/XXXX, once I saw how much interest rates were rising, called again and asked to speak with the account POC. I was told this time that I was entitled only to receive what the payoff for the loan was. I was also told that I was entitled to counseling, and an appointment was set for the following Tuesday. No one ever called me during the time that was set up. When I contacted the company to see what happened, I was told they could not speak to me because the property was in bankruptcy. 
25. XX/XX/XXXX, I received a reinstatement letter with the loan amount due. When I tried to contact the company again to inquire regarding the extensive fees, I was told that the loan was in bankruptcy and they could not speak to me. 
26. XX/XX/XXXX, the court issued the final disposition order which included alimony and the property division. My former husband was awarded half of the equity value at the time of the divorce which was offset by back alimony. 
27. I contacted the mortgage company shortly thereafter to express that I wanted to resume the loss-mitigation process. 
28. Following the hearing my former husband filed a reargument, which left the matter still pending. 
29. I then contacted my HUD counselor to see what could be done. 
30. On XX/XX/XXXX, I received a notice from a collection agency that informed me that I was being sued for the total amount due on the loan. 
31. I contacted my XXXX  counselor who informed me that I could submit my complaint here. 

At no point did the mortgage company inform me of any rights as the holder of the deed. They offered counseling once, but then cancelled the appointment without explanation. Despite allowing me to begin the loss mitigation process, I never received consistent information regarding the status of my application. No decision on my application was ever provided to me.

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