Consumer complaint received 2020-03-26
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — 
Company: Shellpoint Partners, LLC (PA)

Good evening, In my last efforts of trying to resolve a concern, I am reaching out to your department for assistance. My efforts are exhausted as I have tried to resolve this issue on numerousoccasions. 

For one, we have never received an initial letter advising that her account was being transferred to another agency. ( Violation of the FDCPA ). Our records show we were still making payments to XXXX as of XX/XX/XXXX. 

When I received the letter dated XX/XX/XXXX, stating the house was in the pre-stages of foreclosure, I placed a call in early XXXX. 

The first call, I spoke with a representative who stated that he was going to submit a payment arrangement of {$2000.00} down and the balance to be paid over the next 6 months. This representative stated the SPOC XXXX XXXX or he will follow up that Friday with confirmation the payment plan was acceptable. ( No follow-up or phone ). *2nd violation of FDCPA. The representative stated he was sending an email to the SPOC ( Disclosing information to a 3rd party without borrower authorization ). 

The second call was with a female representative the following Monday, she reviewed the account and confirmed the information that the original representative provided. Except, the payment arrangement that was submitted did not include the fees. She resubmitted the payment arrangement and included the fees. I advised the representative that I did not receive a call back from neither the representative or the SPOC XXXX XXXX. The female representative advised that she was submitting the information to the correct department, cc'ing SPOC XXXX XXXX and her supervisor. During this call, I requested to speak with a supervisor and was told the supervisor and managers does not accept calls and that they would return my call within 24 hours. As of today, I have not received a return call from XXXX XXXX or her supervisor. ( Poor customer service and VIOLATION OF THE FDCPA by disclosing information to a 3rd party without borrower authorization ). 

The 3rd call was with a female representative, this representative advised me that she could not disclose information to me because I was a 3rd party. I advised her there was a letter of representative on file that the previous representatives found and disclosed information. She stated because the letter was not addressed to ShellPoint but XXXX it was not legit and that I needed to have a letter that was specific to ShellPoint. At this point I ended the call because I spoke to previous representatives that disclosed information once the letter of authorization was located for XXXX. 

On XX/XX/XXXX, I sent XXXX XXXX following email : XXXX XXXX - Loan Number XXXXInboxx XXXX XXXX<XXXX>Mon, XX/XX/XXXX, XXXX XXXX  XXXX   Hi XXXX , Im sending you an email on behalf of my mother, XXXX XXXX for the above loan number. I left you a voicemail as well. I previously spoke with a representative last week to setup a payment arrangement to recover my mom home from foreclosure. Ive received multiple letters regarding what needed to be paid and the balances are not the same. I need clarification on what needs to be done in order to fulfill her obligation and avoid further action. 

If you can please give me call back at XXXX, to discuss, I would appreciate it. 

Thank you, I never received a phone call or email response from her until XX/XX/XXXX. Below is the email I received from XXXX XXXX : XXXX, XXXX, XX/XX/XXXX, XXXX XXXX  ( 5 days ago ) tome > Hello, > > Thank you for your inquiry. 
> Before we can address your question ( s ) and reply to your email, we need to validate your email address as authorized. 
> Please provide the following information to validate that you are authorized : > The last 4 numbers of your Social Security Number : > Your mortgage payment amount : > The property address associated with the loan you are inquiring about : > Once the validation process is completed, we will review your account and provide a response within one business day. 
> > Please have homeowner send in Authorization consent form to discuss any matters pertaining to the loan. 
> > > Warmest Regards, > > XXXX XXXX > Loss Mitigation Specialist I > Shellpoint Mortgage Servicing > Monday-Friday XXXX CST > Direct : ( XXXX ) XXXX > Toll Free ( XXXX ) XXXX >https : /XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This email can not receive documents please send them to >XXXXor fax to XXXX > > This message, and any attachments, is for the intended recipient ( s ) only, may contain information that is privileged, confidential and/or proprietary and subject to important terms and conditions available athttps : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. If you are not the intended recipient, please notify the sender by replying to this message and then delete this message from your system. 
> This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. 
> If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt : please be advised that this notice is to advise you of the status of your mortgage loan. This notice constitutes neither a demand for payment nor a notice of personal liability to any recipient hereof, who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. However, it may be a notice of possible enforcement of the lien against the collateral property, which has not been discharged in your bankruptcy.

> New Penn Financial ( dba Shellpoint Mortgage Servicing ) Inc. is a > licensed mortgage lender and debt collector. The following states > require disclosure of licensing information that can be found by > clicking here. 
>XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Once I received this email, I placed a call on Monday, XX/XX/XXXX. The female representative that I spoke with was rude and belligerent. I advised the representative that a letter of authorization to release to a 3rd party was emailed on Friday, XX/XX/XXXX. She proceeded to correct me when I misspoke and stated a POA. All in all, I knew what was sent. There was no need for hostility but resolution since the letters/statements I was receiving was conflicting with balances, and never once stated that we were approved for the payment arrangement as promised almost three weeks ago. I ended up ending the call because the representative was belligerent and not easy to deal with. 

On Friday, XX/XX/XXXX, I emailed XXXX XXXX, all of the information requested. No response or acknowledgement to my emails or phone calls. And still to this date I have not received a phone call from the supervisor or XXXX herself. 

Due to one of the statements that I received provided a XX/XX/XXXX date for the balance to be paid, I was working under strenuous timeframes and none of the agents were willing to assist. 

On XX/XX/XXXX, I placed another call to XXXX XXXX, where I was rolled into her voicemail that stated she was out of the office. I logged onto the website to attempt to pay the balance but there was restrictions because the account is under " legal proceedings '' and would not allow me to make any payments. 
I have not received an email acknowledging any of my communications since last week. 

Due to XXXX XXXX XXXX email being unresponsive, I sent her the following communication on Monday, XX/XX/XXXX : XXXX XXXX<XXXX>XX/XX/XXXX, 3XXXX XXXX  ( 2 days ago ) toXXXX Hello XXXX, I am following up with you in regards to my inquiry. I provided all the necessity documents and information to your office in order to disclose information to me in reference to my moms account. I have yet to receive a phone call from your office, she continuously receives letters that have conflicting information but yet they have deadlines. I need clarification on what is needed to save my moms residence. You and your coworkers have not been helpful through this ordeal and it is frustrating. Ive placed calls, numerous emails and yet to no avail received a concrete resolution regarding our concerns. I will be filing a complaint with the CFPB, Michigan Attorney Generals and the Pennsylvania Attorney Generals office and the XXXX XXXX XXXX   to look into your collections process. I requested several return calls from your supervisor, manager and have yet to receive one. Half of the agents Ive spoken with have not provided me with the mini-Miranda. Two of your agents already disclosed information to me about my moms account which is clearly a violation of the FDCPA. Also, if any of these calls are being recorded, there is a need to inform the other party of this fact. I am pretty sure an attorney will have a field day with this case. 

Regards, ReplyForward As of today, still no response! 

On XX/XX/XXXX, I emailed the signed authorization to release information to the LOSS MITIGATION team and have yet to receive an acknowledgement of the documents. I placed a call this evening to XXXX XXXX and was redirected to a loopline. I spoke with a female representative who tried to find the documents that I emailed over and because I sent the documents directly to XXXX XXXX as directed, they were not in the system. I sent the documents to Loss Mitigation as well, and there is a 24-48 hour turnaround. She spoke with her supervisor who advised that I needed to send an email to the Escalations Team and the Loss Mitigation mailbox. 

Due to the extraneouscircumstances I am under tight deadlines to resolve this issue.

1. I need confirmation the payment arrangement was accepted? 2. I need confirmation of what the actual past due balance is? 3. I need to understand what are the repercussions for the employees who originally disclosed information to a 3rd party with prior authorization as some of your representatives stated? 4. According to the FDCPA, all customers should receive notification when an account is transferred to another servicer for handling. **This was NOT done. The foreclosure process was immediately implemented without providing the borrower the opportunity to clear up any balances.5. There are funds sitting in the unapplied payments that could work towards resolving the balance.6. What deferments do you have in place since the PANDEMIC virus has taken place for borrowers that are in the current foreclosure process.7. Multiple representatives have provided the MINI MIRANDA and that is another clear violation of the FDCPA. 
****PLEASE NOTE THE SAME EMAIL IS BEING SENT TO THE CFPB< MI AG< PA AG<HUD! 
I suggest you act accordingly, Please feel free to contact me at ( XXXX ) XXXX.