Consumer complaint received 2021-12-16
Company: Shellpoint Partners, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XX/XX/XXXX Shellpoint Mortgage Servicing XXXX XXXX XXXX, XXXX, SC XXXX Attn : XXXX XXXX XXXX XXXX Re : XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX XXXX Loan : XXXX Dear XXXX XXXX : Please treat this letter as a " qualified written request '' under Section 6 ( XXXX ) of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( e ). This request is made by the above-named debtor, to ensure that the account is timely and correctly serviced during the COVID forbearance period. 
At the outset of the COVID pandemic, I entered into an offered COVID forbearance with your company Shellpoint mortgage with the promise that at the end of the forbearance period my payments would all be consolidated and deferred to the back of my loan at maturity ( a balloon payment ). 
As the pandemic stretched on, from time to time I obtained extensions for the forbearance. Unfortunately, the bookkeeping system at Shellpoint is such that for some unexplainable reason, your employees have my forbearance stopping and starting again intermittently during this period. To be clear, I have been told indeed, assured, all along by your employees that I am in forbearance, my account has ALWAYS shown through the online system that I am in an active forbearance. 
In late XXXX I reached my SPOC XXXX XXXX and discussed the resumption of payments and my deferral, and the escrow shortage on my account. At that time, XXXX XXXX explained that my payments of {$1600.00} were to resume on XX/XX/XXXX, and that all arrears would be deferred to the back of the loan. It wasnt until I question the fact that I had received letters about my escrow shortage that she revealed that that part of my back payments wouldnt be part of the deferral. 
We discussed my options and she suggested that the escrow shortage could be paid back over a 1 year, period or longer if I wanted up to 5 years. 

We scheduled a call back on XX/XX/XXXX, to finalize my deferral. XX/XX/XXXX came and went with no phone call. Each time I call, my SPOC is unavailable and I never receive a call back. 
Yesterday, ( XX/XX/XXXX ) I sent an email to XXXX XXXX and she implied that she had tried to reach me on XX/XX/XXXX, but was unable to ( whatever that means ) To be absolutely clear I received absolutely no missed calls or voicemails from XXXX XXXX EVER!. 
In her email XXXX XXXX now seems to be attempting to pull a bait & switch on me. Instead of finalizing the deferral that has been promised all along, her email states I would love to assist in a resolution on the arrears, but we would need to go over income and expenses. 

THIS WAS NEVER A PART OF THE PROMISED & AGREED UPON DEFERRAL FURTHER, IT WAS NEVER A PART OF ANY COMMUNICATIONS WITH XXXX XXXX OR ANY OTHER SHELLPOINT EMPLOYEE In fact, on XX/XX/XXXX I spoke with a representative at Shellpoint, during XXXX of my numerous attempts to reach XXXX XXXX, who confirmed that MY DEFERRAL HAD ALREADY BEEN APPROVED! 
During that conversation, this representative looked through the notes put on my account by XXXX XXXX and told me that she had not entered a single note about the escrow shortage being spread out over 5 years. I was shocked to see that at this late-stage XXXX XXXX had not completed the set up of my deferral. Even more so, I was concerned that although we had a lengthy and detailed conversation about the escrow shortage, XXXX XXXX had neglected to put any notes on my account. I aske the representative to place notes on my account during the call about spreading out the escrow shortage over the 5 year period that I was told was available. 
TO BE CLEAR I AM READY WILLING AND ABLE TO RESUME MY REGULAR {$1600.00} MONTHLUY PAYMENTS WITH THE AGREED UPON PAYMENTS FOR THE ESCROW SHORTGAGE BEING PAID OVER THE XXXX  YEAR PERIOD. 
To be even clearer the escrow shortage not being included in my deferral was never ever explained by your employees at the outset and represents and UNFAIR & DECEPTIVE TRADE PRACTICE UNDER STATE AND FEDERAL LAW. 
THE BALANCE OF THIS LETTER HAS BEEN SENT TO YOU PREVIOUSLY I HAVE NEVER RECEIVED AN ADEQUATE RESPONSE OR THE WRITTEN EXPLANATIONS REQUESTED HEREIN On XX/XX/XXXX, I sent the attached letter ( Qualified Written Request " QWR '' ) to Shellpoint Mortgage Servicing which was completely ignored. Under the law, Shellpoint was required under Section XXXX ( XXXX ) of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( XXXX ), to confirm receipt of the letter within XXXX ( XXXX ) business days and respond with an answer within XXXX ( XXXX ) business days. On XX/XX/XXXX, I sent a second ( XXXX ) letter to XXXX XXXX, the COE of ShellpoinXXXX Mortgage via XXXX. ( see attached letter dated XX/XX/XXXX ). 

To date Shellpoint has not resolved the issues. 
I will be resuming payments on XX/XX/XXXX, and have not been informed of the following I hereby request/demand that you provide the following : XXXX. ) Total amount that is being deferred and total amount owed on my mortgage including all deferred amounts. 
XXXX. ) The terms of that deferral, whether it be a recast changing the maturity date or a balloon payment- To be clear, I want a complete written breakdown of my loan, the amount owed, the amounts ( all amounts ) deferred on my loan ( past & present ). 
XXXX. ) An accurate and up to date escrow analysis as of XX/XX/XXXX - Including evidence of any and all expenditures listed as escrow advances XXXX ) A written copy of the servicer 's guidelines ( from the investor ) that clearly shows that escrows can not be included in deferrals. 
XXXX. ) A complete written explanation of what can be done with escrow shortages again, from the investor ) XXXX. ) A payment breakdown that includes my current monthly payment with taxes and insurance ( based on an up-to-date accurate escrow analysis ) AND A breakdown of what the escrow shortage payments will be over a XXXX-year period as opposed to a XXXX-month period Under the law, you must confirm receipt of this letter within XXXX business days and respond with an answer within XXXX business days. I look forward to Shellpoints immediate attention to this matter and your response. 

Yours Truly, XXXX XXXX

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