Consumer complaint received 2017-05-13
Company: Shellpoint Partners, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Hi, my home was unlawfully sold on  XXXX   XXXX ,   XXXX   by  Shellpoint Mortgage Servicing.  On    XXXX   XXXX   XXXX      I filed for a Chapter  XXXX  Bankruptcy. I also gave notice to the Trustee of this filing. But they still proceeded with the sale. Even still after the sale they have not returned the property back to me. Therefore, Shellpoint Mortgage Servicings foreclosure occurred in direct violation of Title   11 Section 352 of the Bankruptcy Code as the statutory automatic stay was in place at the time of Shellpoint Mortgage Servicings wrongful, oppressive and illegal foreclosure sale took place.
VIOLATION OF SECTION 362 ( a ) OF THE FEDERAL BANKRUPTCY CODE Section 362 of the Bankruptcy code requires all collection efforts to cease immediately upon the filing of a voluntary or involuntary bankruptcy petition. Section 362 ( a ) of the Bankruptcy Code provides that the filing of a bankruptcy petition operates as a stay against the following activities : ( 1 ) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title ; ( 2 ) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title ; ( 3 ) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate ; ( 4 ) any act to create, perfect, or enforce any lien against property of the estate ; ( 5 ) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title ; ( 6 ) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title ; ( 7 ) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor ; and ( 8 ) the commencement or continuation of a proceeding before the United States.
It is worth noting that the automatic stay is truly " automatic, '' in that it takes effect Instantly upon the filing of a bankruptcy petition and is effective agains  t most entities, including the debtor, and regardless of whether the entity is aware of the filing Ive been working with my current servicer  Shellpoint Mortgage Servicing for some time now and in the end after all that time applying, s ending documents trying to get a loan modification Shellpoint sold my property.     XXXX   XXXX   XXXX   our original bank offered us a trial payment we accepted it and made payments on time for  three m onths for around {$1300.00}, per our agreement. Later we received a letter saying that we have been reassigned to a new services (  XXXX  ) we sent a modification package to them and whenever we call them it is always in review and there is never any new information. Then they cancel the review process and require us to send a new package for yet another review. Then we finally get offered trial payments of around {$1600.00} but after the payments were done they transferred us to yet another servicer  ( Shellpoint Mortgage Servicing ) How is this possible that it keeps going up an d up after each servicer selling to another servicer? It seems like they keep doing this and have the payment go up each time they sell to another servicer to the point where we give up and leave our home. We will never leave this is our home and we want to stay and pay the monthly mortgage but cant when each servicer is asking for more and more.   Also each servicer always asks for a trial payment for 3 months. We pay the trial period payments for the 3 months and right after that they sell to another servicer. They ask for trial payments, make the money, give us nothing, and sell to another servicer for them to make money off of us by asking for trial payments and then giving us nothing  Shellpoint Mortgage Servicing t hat I will not be qualified for a loan modification and that they will not review my loan mod because they do not deem to see me fit into any loan modification category. After all that time and effort put into applying months passed and now they say oh hey by the way we dont think you will qualify so we will just sell your home anyways.   The sale occurred on   XXXX   XXXX   XXXX     and we are now in a very bad situation were  Shellpoint Mortgage Servicing fr audulently sold our home. This is my and my familys primary and only home.

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