I am unable to refinance my home due to a mortgage gap Shellpoint has created by not properly reporting the payment history from when Shellpoint began servicing the loan.
Shellpoint began servicing my loan on or about XX/XX/XXXX . I was not properly notified of the service transfer and when I attempted to make my payment in  XX/XX/XXXX , I was notified that my loan had been transferred to Shellpoint. I then contacted Shellpoint to make my   XXXX    mortgage payment. The Shellpoint representative I was on the phone with apologized for me not being properly notified and offered to break up my   XXXX   payment over the following three months as an appeasement for any inconvenience I may have experienced. I agreed.
In an effort to lower my interest rate, I began the refinance process in  XX/XX/XXXX . At this point in time, Shellpoint had received four mortgage payments ;  XX/XX/XXXX  through  XX/XX/XXXX . When my credit was pulled as part of the refinance process, I was informed that there is a gap in my mortgage payment history. Shellpoint did not report the DLA ( date of last activity ) correctly to the credit bureaus. As a result, the number of payments listed on my credit report is inaccurate. My credit report is reflecting one less payment then the number of payments that have been paid/received.
I have reached out to Shellpoint numerous times in an effort to explain that inaccurate information reported by Shellpoint is being reflected on my credit report. I have spent hours on the phone with multiple representatives. I have sent written requests to Shellpoint and in direct violation of RESPA, the return written correspondence I received did not include the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower. Every time I call Shellpoint to try and resolve the issue, I am told that the department I need to speak with is only available via email. I am told that I can not be transferred, that the department I need to speak with does not have phones. This has compounded an already stressful situation and has made my situation that much more difficult by making it near impossible to resolve and incredibly time consuming since all forms of correspondence with the department that I need to speak with is done via email!
I do not comprehend Shellpoints blatant refusal to correct a mistake on my credit report! I have made and Shellpoint has received a specific number of payments, that number should be reflected on my credit report. If that specific number is not being reported on my credit report, my credit report is inaccurate! By not accurately reporting the number of payments received by adjusting the DLA to XX/XX/XXXX , Shellpoint has created a one month gap in my mortgage history and as a direct result I am unable to obtain a refinance. The negative impact I am experiencing is equivalent to, if not exceeding, the damage that would have been caused by reporting a late payment within the first 60 days of transfer.
I understand that under Section 6 of RESPA Shellpoint is required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days. It has been more than 90 business days since this issue was first brought to the attention of Shellpoint with no resolution. As a direct result, my wife and I are experiencing a financial hardship and emotional distress due to Shellpoints refusal to correct its error!