Consumer complaint received 2020-12-15
Company: Shellpoint Partners, LLC
State: MI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX we contacted Shellpoint Mortgage Servicing and spoke with XXXX XXXX for the purpose of cancelling the ACH authorization of our monthly mortgage payment. He told us the cancellation would take effect as soon as he sent it to his supervisor. When asked if the cancellation would take effect the same day, XXXX confirmed he would send it as soon as we completed our call and would take effect immediately. 
As a result of closing a mortgage refinance with XXXX, on XX/XX/XXXX a payoff amount of {$46000.00} was sent to Shellpoint Mortgage Servicing as per the 10 day payout they provided. 
Also on XX/XX/XXXX Shellpoint withdrew funds from our checking account in violation of our ACH cancellation. 
On XX/XX/XXXX we contacted Shellpoint to request that the ACH funds taken be returned to our account. The customer service representative we spoke to stated they would have to look into it. 
XX/XX/XXXX we received an escrow account disclosure stating the escrow balance was XXXX On XX/XX/XXXX we contacted Shellpoint again to request that the ACH funds taken be returned to our checking account, and were told that for some reason the ACH was not cancelled, but they would try to accelerate the return of our payment. 
After several phone calls the issue was still not resolved. We explained to various customer service representatives that all we needed Shellpoint to do was reverse the ACH transaction. 
This went on for several weeks without resolution, so on XX/XX/XXXX we contacted XXXX and filed a request to investigate the ACH payment and to request the reversal of the ACH payment. XXXX investigated, and determined that reversal of the ACH transaction was warranted. We believe the reversal was transacted on XX/XX/XXXX. 
On XX/XX/XXXX Shellpoint deposited {$1400.00} into our checking account which we believed to be the resolution of the mortgage, but did not include the ACH issue. 
On XX/XX/XXXX we received a letter from Shellpoint stating they were working on our request for information. 
On XX/XX/XXXX, Shellpoint had a conversation with the new mortgage holder stating the loan on the property was not closed due to the ACH reversal On XX/XX/XXXX we received a letter from Shellpoint stating that the loan was not closed and that we now owed them owed them {$1700.00} by XX/XX/XXXX. 
On XXXX we received a letter from Shellpoint stating that they are still working to gather our requested information. 
on XX/XX/XXXX we received a notice of default and intent to accelerate requesting {$1400.00}. 
Also on XX/XX/XXXX Shellpoint sent a letter informing us of our rights as outlined by HUD. This letter also states the principle balance of our loan is {$46000.00}, which was also the balance of the loan when XXXX sent the payoff to Shellpoint. 
On XX/XX/XXXX We received a letter which stated that the payoff funds of {$46000.00} was wired back to XXXX on XX/XX/XXXX. As of XX/XX/XXXX, XXXX has not received those funds. Other documents received from Shellpoint show that the funds are being placed in XXXX. The same letter also states the loan is delinquent back to XX/XX/XXXX. 
On XX/XX/XXXX, we were on the phone for nearly 3 hours on a conference call with Shellpoint 's loss mitigation department and Customer service supervisors, along with XXXX that has not resolved the issue to date. 
In closing, Shellpoint 's refusal to return the unauthorized ACH payment of XXXX in a timely manner resulted in a series of demands for additional funds that ranged from {$1400.00} to over {$2000.00} on XXXX XXXX it also resulted in a negative credit report as of Thursday XX/XX/XXXX.

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