Consumer complaint received 2021-03-19
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — 
Company: Shellpoint Partners, LLC (NC)

Please see below a portion of our CFPB complaint submitted on XX/XX/XXXX regarding on going issues with our mortgage servicer Mortgage/Shellpoint. 

The portion below is in regards to our mortgage statements " There were several months from XXXX that showed that no payment amount was due without any explanation. We continued to make our payments each month. I spoke with XXXX XXXX in the bankruptcy department at NewRez on XX/XX/XXXX around XXXX XXXX. To discuss payment discrepancies, differing payment amounts and other issues on our payment statements. XXXX XXXX stated that when our mortgage was transferred from Ditech to NewRez, that there was an overage amount in the unapplied account-and that NewRez applied the overage amount as a monthly payment in XXXXXXXX XXXX and that put us one payment ahead. She told us to skip our monthly payment for XXXXXXXX XXXX  and that we should resume our payments in XXXXXXXX XXXX I asked XXXX XXXX for complete escrow and mortgage records to confirm this and told her that we would not skip any payments. XXXX XXXX said that she would have a bankruptcy supervisor ( XXXX XXXX ) review the mortgage and contact us regarding our request for the mortgage records and to give us more information. We never received a call or any type of correspondence from XXXX XXXX or anyone at NewRez regarding this matter. We sent in a check for the XXXX 2020 payment, the check was mailed on XXXXXXXX XXXX XXXX. We noticed that the check had not been cashed and called NewRez on XXXX XXXXXXXX XXXX around XXXX XXXX and spoke with XXXX XXXX. During that XX/XX/XXXX phone call, XXXX stated that NewRez had not received the check. We also notified XXXX that we did not receive the phone call from XXXX XXXX that we were told we would receive during our XXXX XXXX XXXX phone call with XXXX XXXX. We confirmed with our bank that the check had not cleared. We put a stop payment on the check on XXXX XXXXXXXX XXXX as NewRez indicated that they still had not received it and we feared it was lost. We are suspicious of the lost check as XXXX XXXX tried to convince us not to send it and then we never received the phone call from her supervisor XXXX XXXX XXXX XXXX to give us a full explanation and proof that we were indeed a payment ahead as was being claimed. On XXXX we spoke with XXXX XXXX XXXX regarding the ongoing issues with our account. We were promised a phone call back but never received any correspondence from anyone at NewRez regarding the matters. On our NewRez statement dated XXXX there was NSF charge added. We were told on a phone call with NewRez that this was for the XXXX check that NewRez told us was lost but then mysteriously found and tried to cash. We explained to NewRez that this was a check they had told us not to pay but we had paid it out of an abundance of caution ( because we can not trust them as they are continuously give us misinformation and did not provide proof that we were indeed ahead a payment ). On XX/XX/XXXX we once again called NewRez to resolve issues on the payment statements, we were told we needed to talk to the bankruptcy department. We were told a request would be put to contact us and once again we never heard back from anyone at NewRez. We called NewRez again on XX/XX/XXXX at XXXXXXXX XXXX regarding the removal of the NSF charge. We were told that a request for removal of the NSF charge again would be put in again. The NSF charge was never removed after we were told it would be waived. We paid the NSF charge '' We received a response from Ms. XXXX of the NewRez Compliance Department In regards to the XXXX check we referenced above in our complaint, she stated- " They stated a payment was mailed on XX/XX/XXXX, and on XX/XX/XXXX, and noticed the payment had not been cashed. When they called NewRez they were advised to place a stop payment and reissue the payment, which they did on XX/XX/XXXX. They were suspicious if the payment was actually lost, as the XXXX payment is the month, they were previously advised they could skip during one of their conversations with a NewRez representative. Then on their monthly billing statement dated XX/XX/XXXX, there was a return item fee in the amount of {$25.00}. They reached out to NewRez and were advised the fee was related to the XX/XX/XXXX payment they had previously put a stop payment on. They requested the fee be waived, as the stop payment was completed at the direction of NewRez and were advised it would be waived. On XX/XX/XXXX, they again reached out to NewRez to discuss the ongoing payment issue and the return payment fee, and again were advised it would be removed. The fee was not removed, and the homeowner ended up paying the fee ''. 

This is not true, if NezRez will listen to the recording of our phone call on XX/XX/XXXX around XXXX XXXX where we with spoke with XXXX, they would learn that we were never told to put a stop payment nor were we told to reissue the check. We voluntarily put a stop on XX/XX/XXXX after waiting a period from the XXXX XXXX XXXX phone call during which NewRez confirmed with us that they did not receive it. We waited until XX/XX/XXXX to stop payment on the check, after again confirming with our bank that it had not been cashed. The claim that NewRez told us to stop payment and reissue a payment are not true and NewRez 's recording from XX/XX/XXXX will indicate such. 

We ask that NewRez answer these questions/request 1.Send us a transcript from your recorded call that we had with XXXX XXXX XXXX XX/XX/XXXX. 

2. If NewRez had in fact told us to stop payment on the check, then would did they charge us a NSF fee?

3. As we listed in our complaint, we were told over a period of months on multiple phone calls that the fee would be waived. Why was the fee waived only after we filed a complaint with the CFPB? 

4. Where was the check found in XXXX, two months after we were told NewRez had not received?