Consumer complaint received 2022-07-03
Company: Shellpoint Partners, LLC
State: NM
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I applied for the HAF Grant Program back XX/XX/XXXX, and was finally approved for assistance from the New Mexico Homeowner Assistance Fund. My approved award amount is {$6400.00} and my approved Program Assistance Application has been forwarded to the accounting department for payment processing. Please allow at least 14 business days for processing, which almost 3 weeks and this payment will be sent to my housing provider which is Shellpoint at this time. What is the HAF Grant Program? The purpose of the Homeowner Assistance Fund ( HAF ) is to prevent mortgage delinquencies, defaults, and to prevent displacement of homeowners experiencing financial hardship after XX/XX/XXXX. Funds from the HAF may be used for assistance with mortgage payments. The law prioritizes HAF funds for homeowners who have experienced the greatest hardships, leveraging local and national income indicators to maximize the impact. I believed I would qualify for the Homeowner Assistance Fund ( HAF ) and I contact my mortgage loan servicer, Shellpoint, by completing their application for the Forbearance Program so my payments could be suspended until they receive the funds from the HAF Grant program and I also completing documents to have a mortgage loan modification to lower my interest rate which in turn would lower my monthly payments once my mortgage loan had been brought current. The XXXX XXXX XXXX XXXX XXXX  was unable to get Shellpoint to provide information in the portal regarding my HAF Grant Application which is supposed to be monitored by the U.S. Treasury Department. On XX/XX/XXXX, I spoke with XXXX XXXX at Shellpoint advising him that the XXXX XXXX XXXX XXXX XXXX  need a Re-Quote which had been requested in the Portal, but they had not yet received a response. XXXX XXXX advised me that I needed to make a payment on my account today. I again informed him that I had applied for the HAF Grant Program and that I had also mailed my completed application regarding the Forbearance Program so my monthly mortgage payments could be suspended until they received payment from the HAF Grant Program to bring my past due mortgage loan account current. XXXX XXXX advised me that he would send me a letter advising me of my options to get my past due mortgage loan paid. On XX/XX/XXXX, I received a letter from XXXX XXXX at Shellpoint dated XX/XX/XXXX, which stated that I needed to make a payment in the amount of {$5700.00} by XX/XX/XXXX to avoid foreclosure on my property or other action to seize my property. I immediately sent a copy of the letter to the XXXX XXXXXXXX XXXX XXXX back on XX/XX/XXXX, and they responded back advising they just put another request into the portal for a Re-Quote and they received a response back from XXXX XXXX at Shellpoint who had advised that she would respond back no later than the next day with the information regarding the Re-Quote so my HAF Grant Application could move forward with this information. This never happened and the XXXX XXXXXXXX XXXX XXXX sent an email to XXXX XXXX at Shellpoint requesting a conference call with me so could get the XX/XX/XXXX, moved out an additional 30 days to allow the XXXX XXXXXXXX XXXX XXXX  to work on my HAF Grant Application completed as they would not be able to complete the application and get a payment to Shellpoint by XX/XX/XXXX. XXXX XXXX at Shellpoint ignored this letter which then allowed XXXX XXXXXXXX XXXX XXXX  to expedite my HAF Grant Application. On XX/XX/XXXX, I was approved for the HAF Grant Program, and my award amount is {$6400.00}. My approved Program Assistance Application has been forwarded to the accounting department for payment processing and to allow at least 14 business days for processing, which almost 3 weeks and this payment will be sent to my housing provider which is Shellpoint at this time. This information was also provided in the Portal for Shellpoint to view, and I also believe this information was mailed to Shellpoint by the XXXX XXXXXXXX XXXX XXXX  as well. Attached is also a copy of this email showing this information mentioned above. On XX/XX/XXXX, I received a letter from Shellpoint with no postmark on envelope showing when this letter was actually mail as the later is date XX/XX/XXXX, which is dated 1 day after the last letter I received from Shellpoint. This letter states that my previously incomplete application ( as I never received a letter advising which documents I was missing or they needed to process my Forbearance Program Application ) is now complete as of XX/XX/XXXX, and additional documents or information is not required at this time. Shellpoint will contact me if they need additional information or if during the evaluation process, we determine that documentation or clarification is required. The evaluation process may be delayed until we receive the required information or foreclosure protection could be terminated. Within the 30 days of the application competition date, I would receive a written communication describing our decision and next steps. The completion of my application has granted me protection from foreclosure while Shellpoint evaluates the application. But since the date of this letter, XX/XX/XXXX, I have continued to receive collection calls on a daily basis from XXXX XXXX at Shellpoint. He has been calling me several times per day and even sending me collection notices through email. I strongly believe XXXX XXXX at Shellpoint has violated the Fair Debt Collection Practices Act ( FDCPA ) which is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies such as Shellpoint, from using abusive, unfair, deceptive practices to collect debts from consumers such as myself. The FDCPA covers the collection of Mortgages! I strongly believe XXXX XXXX has violated the FDCPA at least 3 dozen times now since this letter dated XX/XX/XXXX was sent in the mail to me as this letter implies that all collection efforts should have stopped as the evaluation of my Forbearance Application had started as my application had been determined to be complete on XX/XX/XXXX, and any collection efforts or actions taken after this date would be considered a violation of the FDCPA as these actions could be interpreted as abusive and unfair. I would like the CFPB to investigate this and if XXXX XXXX is found guilty to have violated the FDCPA, then I would like a Right to Sue Letter which will help me file a lawsuit in the State of New Mexico against XXXX XXXX. Shellpoint has also violated the FDCPA as well as they also sent me another letter also dated XX/XX/XXXX, in which I also received in the mail on XX/XX/XXXX, which now demands that I now pay {$5700.00} no later than XX/XX/XXXX, or Shellpoint may refer my mortgage loan to foreclosure. Instead of extending my deadline by 30 days from XX/XX/XXXX, Shellpoint has now shortened by deadline date to XX/XX/XXXX, which is not only abusive and unfair, but is also deceptive collection practices as I also received a letter from Shellpoint dated XX/XX/XXXX, already mentioned above, that they were in the evaluation process of the Forbearance Application and that one would expect all collection efforts to cease at this time during this evaluation process, but it has not, Shellpoint has still been trying to collect money from me during this same time period which again violates the FDPCA as these collection practices by Shellpoint are abusive, unfair and especially deceptive. I would also like the CFPB to investigate this and if Shellpoint is found guilty to have violated the FDCPA, then I would like a Right To Sue Letter which will help me file a lawsuit in the State of New Mexico or in federal court against Shellpoint. Under the guidelines of the FDCPA, I may bring a lawsuit against the debt collector in state court or in federal court. In the lawsuit, I must prove that the debt collector violated the FDCPA and a Right To Sue Letter would prove me this proof and if I am successful, I might be able to collect {$1000.00} is statutory damages, and possibly more if I suffered harm from the violations which I have such as the fear of losing my job which is 100 % remote out of my house/property, loss of sleep due to the fear of foreclosure, and suffered other medical issues which will be present in court during my trial. On XX/XX/XXXX, I received an email from XXXX XXXX advising me that due to the significant delay the deferment review has been cancelled. It appears that XXXX XXXX has again violated the FDCPA by using abusive, unfair, and deceptive collection practices as he does not state what the significant delay is due to. I was not requested to provide any additional documentation or clarify any of the documents I submitted with my Forbearance Application, and I strongly believe it is unfair for this to happen. I strongly believe both Shellpoint and XXXX XXXX are trying to illegally foreclose on my house. They both refused to work with the XXXX XXXX XXXX XXXX XXXX regarding my HAF Grant Application, they sent me contradictory letters with the same date being XX/XX/XXXX, in with one letter indicates they are ceasing collection efforts while they complete the evaluation process of my Forbearance Application and at the same time, the expedite the date in which I need to bring my past due mortgage current from XX/XX/XXXX to now XX/XX/XXXX. Again, On XX/XX/XXXX, I was approved for the HAF Grant Program, and my award amount is {$6400.00}. My approved Program Assistance Application has been forwarded to the accounting department for payment processing and to allow at least 14 business days for processing, which almost 3 weeks and this payment will be sent to my housing provider which is Shellpoint at this time. Again, Shellpoint will be getting money in the amount of {$6400.00} from XXXX XXXXXXXX XXXX XXXX from the approval award regarding my HAF Grant Application. Shellpoint is demanding that they receive {$5700.00} by XX/XX/XXXX and now by XX/XX/XXXX, and neither of these deadline dates can be met as Shellpoint purposely ignored all requests from the XXXX XXXXXXXX XXXX XXXX regarding my HAF Grant Application in the Portal in an effort to delay my application from being approved in a timely manner which has now prevented in the amount of {$6400.00} from XXXX XXXX XXXX XXXX from the approval award from the HAF Grant Program. Because of these abusive, unfair, and deceptive collection practices by Shellpoint as well as by XXXX XXXX, there should no longer be a deadline date for the XXXX XXXXXXXX XXXX XXXX  to meet in order to get my payment of {$6400.00} to Shellpoint to avoid foreclosure. My house/ property should in no way now be at risk of foreclosure since back on XX/XX/XXXX, I was approved for the HAF Grant Program, and my award amount is {$6400.00} and Shellpoint is only looking to collect {$5700.00}, but if you add the {$400.00} in the Unapplied Balance I have at Shellpoint to the {$6400.00} from XXXX XXXX XXXX XXXX  XXXX then this combined money will pay all my past due mortgage payments through the end of XX/XX/XXXX and making my next mortgage payment due on XX/XX/XXXX, which I am planning to make on XX/XX/XXXX. I really need the CFPB to have Shellpoint and XXXX XXXX at Shellpoint to cease all their collection efforts against my house/property and to stop threatening or even wanting to foreclose on my house/property at they will again be receiving payment in the amount of {$6400.00}, but dont know the exact date, but I assume it will be before XX/XX/XXXX and most likely not prior to XX/XX/XXXX or XX/XX/XXXX which are deadline dates given to me by Shellpoint. Again, Shellpoint ignored the fact that I had applied for the HAF Grant Program and never sent me a letter indicating that they were aware of the fact that I had applied for the HAF Grant Program. Instead, both Shellpoint and XXXX XXXX have violated the FDCPA in their collection efforts to collect on my past due mortgage loan and they way they violated the FDCPA was through abusive, unfair, and deceptive collection practices and they should be help liable for their illegal actions taken against me. Shellpoint was made aware of the fact that the XXXX XXXXXXXX XXXX XXXX back on XX/XX/XXXX, I was approved for the HAF Grant Program, and my award amount is {$6400.00} as this information was entered into the Portal that again is monitored by the U.S. Department of the Treasury. Once Shellpoint received this notification in the Portal, they should have ceased all collection efforts at this time but failed to do so. But Shellpoint and XXXX XXXX should have ceased all collection efforts after XX/XX/XXXX, as again I received a letter dated XX/XX/XXXX, from Shellpoint advising me that my application for the Forbearance Program was now complete and due to the completion of my application has granted me protection from foreclosure while they evaluate my application. But this has not happened as I continue to receive collection phone calls from both Shellpoint and XXXX XXXX regarding my past due mortgage and advising me, I need to make a payment as soon as possible to avoid foreclosure. Again, this is abusive, unfair and deceptive collection practices by both Shellpoint and XXXX XXXX as they continue to perform collection practices against me even after I was advised in writing in a letter dated XX/XX/XXXX, that I am me protection from foreclosure while they evaluate my application and even after they again were informed by the XXXX XXXXXXXX XXXX XXXX  that back on XX/XX/XXXX, I was approved for the HAF Grant Program, and my award amount is {$6400.00}. I need the CFPB to have Shellpoint and XXXX XXXX at Shellpoint to cease and desist all collection efforts immediately and if they fail to do so, then I would like the CFPB to pursue federal criminal actions again both Shellpoint and XXXX XXXX at Shellpoint because again they both are engaged in abusive, unfair, and deceptive collection practices. I also need the CFPB to investigate my claims that both Shellpoint and XXXX XXXX at Shellpoint because again they both are engaged in abusive, unfair, and deceptive collection practices and to please issue me a Right to Sue Letter if they are found guilty of these abusive, unfair, and deceptive collection practices during your investigation. Thank you very much in advance for your help!

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