Consumer complaint received 2018-11-20
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
Three issues : 1 ) Notary Public lied to me about being able to adjust the payment due date at time of loan signing. This has caused me to have to use some of the loan proceeds to make extra payments to " get ahead '' of the due date so I can make my payments in a timely manner. This has deprived me of the use of a portion of the loan proceeds.

2 ) XXXX XXXX failed to provide Shellpoint Mortgage Servicing with my payment information when they sold my loan.

3 ) Shellpoint Mortgage Servicing is - at best - profoundly unprofessional, but in reality, they are rude, have both slandered and libeled me, and made false accusations against me. They have harassed me with six phone calls in a three day period that they are attempting to call " courtesy calls. '' I do not want my loan serviced by this company. I do not want my hard-earned money providing profits to a company that is verbally abusive, makes false accusations, and harasses me.

Issue # 1 : I originated a Second Mortgage with XXXX XXXX - signed documents the end of XX/XX/2018. Was informed by notary at closing that payment due date was the XXXX  of each month.

Told notary that date was not acceptable as my mortgage payment and student loan payment, plus other bills, are due at that time. Notary hesitated, then told me to go ahead and sign the document and I could ask XXXX XXXX to adjust the due date at a later time. This sounded reasonable to me, as this is a second mortgage - which inherently means I have a first mortgage - which are almost ALWAYS due on the first of the month, and it is customary for a second mortgage to be due the middle of the month - at least that is what I experienced previously.

On XX/XX/18 I received an email from XXXX XXXX asking for feedback on my experience with them. At that time I asked for the due date to be adjusted and was told they could not change the due date ; however, my payments would not technically be late unless they were received after the XXXX. I informed them I was unwilling to " gamble '' with getting my payments in on time and this was unacceptable. I was told another person from finance ( who was cc 'd on the email ) would be able to provide more information about payments, but that person never contacted me.

Issue # 2 :XX/XX/18 - mailed a {$750.00} payment to XXXX XXXX for myXX/XX/18payment. ( My bank shows this check paid on XX/XX/18 ) XX/XX/18 - mailed a {$350.00} payment ( regular payment amount ) to XXXX XXXX. This payment was forXX/XX/18. ( My bank shows this check was paid on XX/XX/18 ) In order to " get ahead '' of this loan payment so I can pay it during the middle of the month when I have funds available and not run the risk of it being received late, I had to use some of the loan proceeds. This is money I am paying interest on and have been deprived of the use of because XXXX XXXX   would not adjust the payment due date.

XX/XX/18 - " Welcome '' email received from Shellpoint Servicing advising my loan servicing has or will transfer from XXXX XXXX to Shellpoint. Called the Customer Service number on the email and asked to have my payment due date adjusted ( more of Issue # 1 ). Shellpoint representative told me they could not change the due date because they can't change anything from the signed loan documents. Which means the Notary Public lied to me about signing paperwork when it had information on it that I was not okay with.

Letter postmarked XX/XX/18 from Shellpoint ( dated XX/XX/18 ) advising my loan was sold, gave new owner 's name and address, and advised that Shellpoint would be servicing the loan.

Issue # 3 : Letter postmarked XX/XX/18 from Shellpoint with an XX/XX/18date that effective XX/XX/18 the servicing of my loan had transferred to Shellpoint and included a payment coupon for an XX/XX/2018 payment.

XX/XX/18 - opened the letter, saw the error, also noted the Principal Balance was for the original loan amount ( my two previous payments did not appear to be reflected in the balance ). I called Shellpoint, spoke to a male who looked up my account and transferred me to another person - a female. I had to go through all the identifying information a second time, then told this person that they had sent me a payment notice in XX/XX/XXXX for an XX/XX/XXXXpayment - which isn't possible, and also informed her the balance was incorrect. She immediately accused me of not making two payments. She did not ask any questions, just said, " You haven't made two payments! '' I informed her she was wrong - that I have made my payments to XXXX XXXX as required. She then told me I had better call XXXX XXXX and get this straightened out. I told her that since I did not have anything to do with the business transaction between XXXX XXXX and Shellpoint, and I do not have access to XXXX XXXX XXXX information, that Shellpoint needed to do what they are being paid for and contact XXXX XXXX to straighten out the problem. She replied, " Yeah, well you might think that, but if you want to straighten this out, you'd better call XXXX XXXX! '' Hung up with Shellpoint, called XXXX XXXX, got a recording. Left an extremely upset message with XXXX XXXX.

XX/XX/18 - Received a phone call from XXXX XXXX at XXXX XXXX   ( I was at work. ) Provided the details of the problems I was experiencing with Shellpoint. The man looked up my information, verified I had made the two payments and that XXXX XXXX had received payment for both of them. I also discussed the situation with the Notary Public lying to me during document signing. He told me I shouldn't be mad at the Notary ( " Sometimes the Notary doesn't know about real estate loans. '' REALLY? Why would you send someone out who doesn't know the rules and regulations about the loan they are notarizing? Because I'm not a loan agent, or a real estate agent, and I'm not an expert on the nuances of real estate loans, so as a consumer, I depend on people in the industry giving me correct information to make informed decisions. As a consumer, I'm looking at loan amount, interest rate, and payment! ). He also told me I shouldn't be upset at Shellpoint, because all they had was the information XXXX XXXX had given them, and XXXX XXXX had not forwarded the payment information to Shellpoint. He said he would contact Shellpoint because they obviously needed some " coaching '' on how to treat a new customer. He stated he would have a conference call with Shellpoint at XXXX XXXX XXXX.

XX/XX/18 - Received letter from Shellpoint titled : United States Department of Housing and Urban Development Office of Housing Servicemembers Civil Relief Act Notice Disclosure. I am not, nor have I ever been, a member of the US Military. I have no idea what this notice is about.XX/XX/18 at XXXX XXXX. - my cell phone rings and displays a number I do not recognize. Due to being a XXXX XXXX  of a local XXXX XXXX, I thought it could be a member of the organization calling and answered my phone. I heard indecipherable noise, then the call disconnected. I figured it was a scammer or wrong number.

Over the weekend, I saw a missed call from this same number.

XX/XX/18 at XXXX XXXX. - my cell phone rings again with this same number. I answer and hear a recording saying " this is Shellpoint Mortgage Servicing, '' so I get up from my desk to find a private place at work to have a conversation with Shellpoint. A woman 's voice says, " Hello, '' and I say, " Hello, '' and the call disconnects.

I called the number back, got hold of a representative who asked for all my information, looked at my account and said, " You're behind two payments. Would you like to pay those at this time? '' I assured her I did not as I am only obligated to make a payment once and I have already done so. I told her I had already spoken to her company the previous week, as well as to XXXX XXXX, and XXXX XXXX was supposed to have had a conference call with her company to straighten out the mistakes on my account - which are mistakes NOT made by me. She continually cut me off and would not let me speak. I asked her at least three times ( I think five times is more accurate ), " May I finish what I was saying? '' She was extremely rude. She did say she would " look into this, '' and I thanked her for that. She also told me I need to provide them proof that I have made my payments and told me to send them a copy of my bank statement. I again re-iterated this is NOT my responsibility. I also told her they need to stop making harassing phone calls to me. She said, " They're not harassment, they're courtesy calls. '' Six??? In a three-day period including the weekend??? AFTER I have already notified her company they are wrong about the payments and AFTER XXXX XXXX  claims to have called her company to report the payments - a week ago?! This is the very definition of harassment.

XX/XX/18 at XXXX XXXX. - I sent an email back to XXXX XXXX with an update to the ongoing problem with their company not notifying Shellpoint of my payments. I said one of two things has happened : 1 ) XXXX XXXX has failed to update Shellpoint with the correct loan amount and payment information, or 2 ) Shellpoint has failed to update my account. Either way, I am being harassed and am having false accusations made against me by Shellpoint.

I received a response that someone at XXXX XXXX was " reaching out to Shellpoint now. '' I do not want my loan serviced by Shellpoint. I refuse to have my hard-earned money supporting an organization as horrid as this one. I have a payment ready to send, but I do not want to deal with Shellpoint.

I want monetary compensation from all three parties involved in this travesty of a " business transaction. '' I want {$2500.00} compensation from XXXX XXXX, {$2500.00} compensation from Shellpoint, and {$1000.00} compensation from the Notary Public. And I want my loan transferred to someone else, other than Shellpoint, to service.

If your organization can not help with this, please provide contact information for someone who can. Saying I am absolutely livid about what I have been dragged through for the past month and a half is an understatement, to say the least.

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