Consumer complaint received 2024-10-24
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Shellpoint Partners, LLC (TX)

My home located at XXXX XXXX XXXX in XXXX, TX that I have owned for 17 years was unlawfully foreclosed on XX/XX/XXXX by Shellpoint. This home was granted a homestead exemption as documented in the attached documents and this creates a major problem. I own the property and also operate my tile installation/home improvement business from the same property and have a business homestead exemption. Even though I have these protections through Texas law Shellpoint moved forward with an illegal foreclosure. I had been offered a modification a few months before the sale and made all three trial payments as agreed which should have taken me out of foreclosure. However, Shellpoint said that the signed paperwork was not received in time and the file was accelerated and a foreclosure sale date was scheduled. The problem with this is that I had made the three trial payments by wire transfer so they were received so the foreclosure should not have been active. The second problem is that I was never legally informed of the foreclosure sale date. This is due to the fact that my son has a very similar name -- XXXX XXXX XXXX XXXX. When he moved out and put in an address change there are major problems with mail being delivered to XXXX the first ( me ) and I did not get the XXXX or the foreclosure paperwork. I was not properly notified because of this error, which may not be the fault of the trustee or Shellpoint and instead it is on the postal service, but they are required to serve me with the notice of sale and this did not happen. In fact on XX/XX/XXXX I got a large package of mail with various offers for people who want to buy the house, a 1099 from the previous year, so a lot of legal paperwork and even a letter from new owner. These were documents that the post office was holding onto. I believe that this was a wrongful foreclosure and I believe there is evidence and merit to overturn the sale. 

I began having trouble with the mortgage due to XXXXXXXX XXXX XXXXXXXX when my tile installation jobs dried up. I received a letter from the bank offering help and filled this out and sent it but at that time was still able to make the payments, As my business slowed down my foreman quit and they basically poached my largest client I struggled and reached out and was told pay what you can for the next six months and then check in. ( no forbearance or deferment ) After six months I was given a modification that increased my term to 40 years. I moved forward with the modification and made the payments for 3 months then had a lot of major problems at home. I lost my business, my wife was leaving me and taking the kids and I was unable to deal with this and I defaulted on the modification payment. 

I re-engaged with Shellpoint in XX/XX/XXXX and applied for loss mitigation options to help me get back on track so I could save my house.and was approved and I made all three trial modification payments by wire at once to Shellpoint. I thought everything was okay because Shellpoint had received the money and I had mailed the paperwork that Shellpoint sent me to finalize the modification on time. When I tried to make the XXXX mortgage payment I was told that they would not accept it. Shellpoint claimed that they never received my modification contract paperwork, and even though I had made all of the payments, they threw out this agreement and immediately moved to foreclose on my home. I frantically tried to get someone on the phone to explain to me how this could happen when I had made all three trial payments. Could never get anyone on the phone, so I called to try and get a reinstatement amount I was told I had to download the Shellpoint app. I am not a technical guy and When I finally figured it out it was too late. I saw that Shellpoint had contacted me by email that you could only receive if you were signed up for the app. This seems backward and dishonest and it led to my house being sold..