Consumer complaint received 2015-06-09
Company: Shellpoint Partners, LLC
State: IN
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Application, originator, mortgage broker

Complaint:
In XXXX of XXXX, my wife XXXX and I, entered into a land contract with Indiana licensed realtor XXXX XXXX, to purchase a home at XXXX XXXX, XXXX XXXX, Indiana for {$180000.00}. We agreed upon and paid to him a down payment of {$12000.00}. Beginning in XXXX XXXX, we made timely monthly payments of {$1400.00}. In XXXX of XXXX, after we had made {$14000.00} in payments on the home we discovered, after being served foreclosure paperwork, that he failed to pay his mortgage causing XXXX, his mortgage holder to foreclose. ( see attached ). 
In XXXX, we reached an agreement with XXXX XXXX and XXXX to assume the morgage but the bank never provided the assumption documentation until XXXX XXXX, XXXX. Since that time the Indiana Attorney General 's Office in response to our request did open an investigation. Please find attached, the " Final Order Accepting Proposed Findings of Fact, Conclusions of Law, and Order " Order '' ), '' filed XXXX XXXX, XXXX by the Indiana XXXX XXXX XXXX. Therein, it proves XXXX XXXX stole {$26000.00} from us in the form of monthly payments and down payments which were to be used by him to pay his mortgage, which he did not do. We have also spent more than {$20000.00} on the home for improvements ( new washer and dryer, new furnace, landscaping, etc., ) which the Order notes. 
On XXXX XXXX, XXXX, Shellpoint Mortgage Servicing ( " Shellpoint '' ) finally provided us with the paperwork to apply for the assumption of the mortgage of XXXX XXXX on the above referenced property. 
Since that time, we have on several ocassions provided documentation to Shellpoint assuming we had fulfilled its requirement, only to then be told either that Shellpoint had not received the requested documents or the documents received were deficient. We were only told of a deficiency after we contacted Shellpoint. 
We filed a complaint with the Consumer Financial Protection Bureau ( CFPB ) regarding this matter Case Number XXXX. On XXXX XXXX, XXXX, after receiving and reviewing Shellpoint 's response to the CFPB complaint our Attorney XXXX XXXX responded with a letter to XXXX XXXX XXXX, Shellpoint Mortgage Servicing providing what he was told we would need, an authorization from XXXX XXXX, which he immediately provided. 
Last week, after receiving your " Praecipe for Sheriff Sale, '' we understandibly were shocked, an again contacted Shellpoint and was told by XXXX XXXX, Shellpoint Mortgage Servicing, that the we had not responded to Shellpoint 's XXXX XXXX, XXXX, response to their complaint to CFPB ( which had never been mailed, emailed or faxed directly to us but was attached to an email response to the CFPB ) when in fact our Attorney XXXX XXXX memorialized his contact with XXXX XXXX XXXX, Shellpoint Mortgage Servicing, providing her with what she stated she need after reviewing that response. ( See attached ) We are again working with Shellpoint, this time with a XXXX XXXX XXXX, to provide them with documents. You should note that after we spent a week XXXX XXXX, XXXX ( 1 ) being hung up on by " XXXX '' a Shellpoint employebye who apparently did not want to look thru his records for their authorization, ( 2 ) leaving numerous voice mail messages with Shellpoint employees only to be told their call would be returned in 24 hours ( but never were ), they finally reached a gentlemen at Shellpoint that was kind enough to tell them exactly what documentation they need. We are now again in the process of again gathering the documents and getting them to Shellpoint this week. 
We have asked Shellpoint 's law firn to cancel the praeciped for a sheriff 's sale as it would seem appropriate to allow the assumption process to be complete. 
I an XXXX veteran, this should never happen to veterans.

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