Consumer complaint received 2021-07-26
Company: Shellpoint Partners, LLC
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
In the XX/XX/2021 Shellpoint response, they state they could not provide the forbearance that I requested while I am working through regulatory agencies for their refusal to make the modification permanent after I made the trial payments. 

Since they keep changing my dedicated representative, it allows Shellpoint to provide conflicting information.

Shellpoint alleges that I did not answer the questions. As XXXX XXXX 's supervisor, Ms. XXXX has access to my responses as she has responded when I wrote to him. 

Throughout the email chain, I maintained that the situation had not changed. I answered similar questions posed by XXXX XXXX. But, having another representative such as Ms. XXXX allows Shellpoint to omit that I have answered the same questions recently. What was also omitted was I stated that Ms. XXXX 's questions should come with a disclaimer that says " Everything you say can and will be used against you. '' I asked why she was asking questions, not about the hardship, but questions that I felt could be used against me in a foreclosure action. This caution is due to the fact that Shellpoint sent me conflicting statements and used their error as a reason to deny making my modification permanent.

I have provided answers to Ms. XXXX questions in addition to having provided similar answers to XXXX XXXX 's questions on XX/XX/2021. 


XXXX XXXX XXXX Sun, XX/XX/XXXX, XXXX XXXX  ( 6 hours ago ) to XXXX, Escalations, Loss What was your reason for default? I do not agree that I am in default. My hardship is exacerbated by Shellpoint. I filled out a completed borrower 's assistance application, which Shellpoint ignores exists, and in violation of regulation x, did not provide all the options available to me. Shellpoint offered a streamline modification at {$1000.00} per month. When I raised the issue that it was more than what was on my completed borrower 's assistance application, Shellpoint provided a statement that said that the payment was reduced to {$990.00}. I paid the statement that Shellpoint sent me. I asked for clarification about the different amounts and my dedicated representative, XXXX XXXX, said he would check with his supervisor. He never got back to me on the conflicting trial payment amounts. So, on the final trial payment, I paid the {$990.00} plus the difference for the second trial payment. Shellpoint said that I did not complete the terms of the trial modification. But, Shellpoint has never acknowledged that they I paid {$990.00} based on the statement that they sent me after their intial letter saying the payments would be {$1000.00}. Thus, the modification was complete because I paid what they sent me, and the difference due to Shellpoint 's nonresponsiveness about the conflicting statements. Debt collection regulations state they should respond within 30 days to verify the debt. Shellpoint did not respond for over 60 days until after I made a complaint to CFPB. In Shellpoint 's CFPB response letter, Shellpoint said that they were informing me in that letter that my trial modification had been revoked. Regulation x says all statements should be accurate. My original hardship was the divorce. Then, I had a XXXX symptoms and could not return to work due to the pandemic. I have been affected by the pandemic.

Has your hardship been resolved? My hardship has not been resolved.

Are you currently occupying the subject property? I am occupying the property and have always occupied the property.

What is your financial ability to make payments at this time? I made good faith payments to pay the trial modification and was prepared to continue making those payments. Shellpoint unreasonably cancelled the trial modification.

Are you able to reinstate the total amount due at this time? I made the sum total of the trial modification. But for Shellpoint, sending a conflicting statement, not providing an analysis based on my completed borrower 's assistance application, and unreasonably stating that I did not complete my trial modification when I did, this question would not be an issue. Is this question to help with forbearance, modification, or to present to a judge during a foreclosure action? I asked for a modification to make lower payments given my current hardship. 
Can you afford your monthly installments at this time? It would be helpful if Shellpoint actually provides all my options given my completed borrower 's assistance application, which is still accurate at this time. I made all the billed modification payments. Shellpoint cancelled the modification because I paid the amount on the statement that Shellpoint sent. It is hard to say whether I can afford the monthly installment because Shellpoint will not provide accurate statements.

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