Consumer complaint received 2020-12-16
Company: Shellpoint Partners, LLC
State: CO
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
This is now my second complaint with NewRez in regards to the same issue ; my original terms of my FHA 30 year Mortgage loan are not being honored by NewRez. My original note/term for my FHA 30 year fix is that there is no escrow cushion that is required in servicing my account. Since NewRez has bought out my loan from Ditech, NewRez stated nothing on my original note/terms would change, other than who I remit my payment to each month. 
On XX/XX/2020 I received a response from a XXXX XXXX in the escalations department stating that NewRez declined in removing the cushion from my escrow account, and that the escrow shortage would be paid over a 60 month period instead of a 12 month period. However, this is illegal. I should not have to pay for a cushion in my account because NewRez requires it for their customers. I didn't ask to be their customer, rather my loan was sold to the from Ditech. The response also stated that NewRez confirmed that a " cushion '' was included with my prior servicer and attached an " annual escrow account disclosure statement '' from Ditech. However that statement explains a future escrow shortage and the two options I have to pay it. No where on the statement does it state of me having to have a cushion or needing a cushion to fund. Rather the statement ( which I did receive annually from Ditech ) states how I would like to pay my shortage, not that I need any cushion. Therefore the documentation NewRez is providing for their proof of why I have to have the cushion is insufficient because I was never required to have one before. Also, per NewRez 's terms of taking ownership of servicing the loan, again, nothing was to change with my original terms of the note. Could NewRez please provide sufficient proof as to a cushion being added by my previous servicer 's of the loan? If not, again it is illegal to change the terms of my original FHA note without my consent, and I want my money back from my escrow cushion thus far, and the cushion to be removed. I have NEVER consented to this. 
In NewRez 's response it also states that they have a staff dedicated to compliance related functions in order to identify, resolve, and permanently correct operational deficiencies and improve upon consumer concerns. However whenever I call the escalations department I am asked to leave a voicemail for someone to call m e back and I never get a call back and that is why I have to resort to filing a CFPB complaint every time I need something to be resolved with NewRez. I feel as though this mortgage company is a scam because I can never get through to anyone, let alone have my original terms of my mortgage be honored. 
Attached you will find NewRez 's response to my initial complaint that again we are revisiting. Also attached you will find the documentation they submitted stating their " proof '' of the 1/8 escrow cushion being added by my previous servicer ( which is not proof of that rather options for my escrow shortage ). 
Again, I am asking for the cushion to be removed, and my excess monies in the escrow account to either be refunded back to me, or put to my delinquent mortgage payments.

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