Consumer complaint received 2021-08-03
Company: Shellpoint Partners, LLC
State: OR
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Newres-Shellpoint was the original loan servicer. 

Newres transferred the loan to XXXX XXXX XXXX in XX/XX/XXXX. 

At the time of the loan transfer from Newres to XXXX XXXX, Mr. XXXX was beginning a 90-day, covid-related forbearance. That placed the loan in forbearance for XXXX, XXXX, and XX/XX/XXXX. 

The loan, now with XXXX XXXX, came out of forbearance on XX/XX/XXXX, and Mr. XXXX paid XXXX XXXX {$15000.00} - 3 MONTHS OF LOAN PAYMENTS PURSUANT TO THE FORBEARANCE. That is how the covid-related forbearances work. You get a break for 90 days and then at the end of your forbearance, you catch up. 

In a recorded telephone conversation with the representative of XXXX XXXX, they clearly state XXXX XXXX XXXX " honored '' Mr. XXXX 's 90-day forbearance in process by Newres=Shellpoint in XX/XX/XXXX. 

On XX/XX/XXXX XXXX XXXX XXXX sent Mr. XXXX an email addressing the late payment reporting confirming the forbearance " was inflight '' during the transfer from Newres to XXXX, which again the transfer of the loan began in XX/XX/XXXX. 

First of all, the inconsistency in the NewRes-She reporting on this report is obvious. NewRes reported the late payment for XX/XX/XXXX in XX/XX/XXXX when they no longer owned the loan. This is evidenced by the reporting of XXXX XXXX on page 1 of the XXXX XXXX report which shows they owned the loan as of XX/XX/XXXX and reported " As Agreed '' for 7 months. 

The other notably inconsistent reporting on the XXXX XXXX document by Newres is that on XX/XX/XXXX they were reporting a 60 day late payment, when in fact we are talking about 1 month ( XX/XX/XXXX ). How can the late payment from XX/XX/XXXX, which would not be late until XX/XX/XXXX be late 60 days late on XX/XX/XXXX? The answer is that is impossible and it is not 60 days late - a false reporting by Newres. It is our strenuous allegation that Newres reported to the late payment to get a deal on the loan transfer, and that is not a coincidence that the late payment reporting crosses over with the XXXX  obtaining the loan, which they XXXX agrees was in forbearance when the transfer of the loan began in XX/XX/XXXX. Mr. XXXX is prepared to take legal action against Newres under the fair debt collection act for the false reporting of his mortgage payments in XX/XX/XXXX. 
Again, the Derogatory Summary of the XXXX XXXX report is misrepresented by Newres. 

Notwithstanding that the above in that ( a ) Newres sold the loan to XXXX  while in forbearance, ( b ) that an inaccurate late payment reporting is beneficial to the lenders in this industry, and it obvious from the paper trail that the late reporting occurred during a forbearance and transfer of the loan to a new servicer, Newres is not credible in its reporting simply for misrepresenting a 60-day late payment, when Newres itself verified that late payments are not reported until after the last day of the month, and the only late payment is XX/XX/XXXX and the late payment is reported on XX/XX/XXXX - 17 days, NOT 60! Therefore Newres is not a credible reporter and their reporting should be scrutinized and ignored. 
on or about XX/XX/XXXX, XXXX pulled his individual credit reports directly from Experian, Equifax and Transunion. None of the XXXX major reporting bureaus have evidence of a late payment as purportedly reported by XXXX for XX/XX/XXXX. All three credit reports were emailed to you on XX/XX/XXXX. These reports all verify the XXXX forbearance in place for XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. 
The attached XX/XX/XXXX is an XXXX  forbearance form letter. The Covid19 mortgage pause forbearances are regularly 90 days. For example, in XX/XX/XXXX, XXXX called XXXX for a current forbearance. The form letter was generated immediately ( day of the call ), confirming terms of the plan : begin date, retroactive to XX/XX/XXXX, end date XX/XX/XXXX, plan term 3 months, with a XXXX  payment required during the 3-month term. The previous forbearance with XXXX  occurred the same way : Call made to Newres on XX/XX/XXXX ( confirmed by XXXX during call on XX/XX/XXXX. Forbearance retroactive to XX/XX/XXXX. However, in XXXX 's case, Newres transfers the loan and XXXX  honors the 90-day forbearance, as confirmed in audio of XX/XX/XXXX. 
XXXX 's XX/XX/XXXX mortgage statement shows the 3 months of payments related to the forbearance made on XX/XX/XXXX, curing the forbearance of 3 months. This payment is consistent with the terms of the 90-forbearance started with Newres in XX/XX/XXXX, transferred and honored by XXXX  when the loan was sold/transferred, and completed pursuant to the forbearance terms.

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