Consumer complaint received 2020-10-22
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Shellpoint Partners, LLC (GA)

On XX/XX/XXXX, a letter was emailed to Shellpoint requesting additional response regarding mortgage account payments, fees, and pre-petition arrearages. As of today, XX/XX/XXXX, Shellpoint Mortgage Servicing has failed to respond. The following below are questions and concerns that need a response for this mortgage company. 

1. The final statement that I received from Ditech dated XX/XX/XXXX indicates that the Amounts Past Due Before Bankruptcy Filing ( Pre-Petition Arrearage ) was {$1800.00}. This amount included {$930.00} shortage in my escrow account and my regular monthly payment of {$900.00}. I paid both of those shortages in XXXX during the changeover between Ditech and Shellpoint through my regular monthly payment, which was credited to my account on XX/XX/XXXX, and the {$930.00} payment for the projected escrow shortage was paid by me on XX/XX/XXXX once the calculations were sent to me but dont show on the Loan History Summary until XX/XX/XXXX. See Attachments A, B & C. On the same date, the Loan History Summary shows an Unapplied Payment of {$170.00} was applied to the Principal instead of any remaining Pre-Petition Arrearage. Why was that? In any case, these payments should have resulted in a {$0.00} Pre-Petition Arrearage balance. 

Your letter dated XX/XX/XXXX, to XXXX XXXX, states, the proof of claim that was filed has an arrearage of {$1500.00} that is to be paid. This consists of principal and interest in the amount of {$620.00} and a projected escrow shortage of {$930.00}. As previously stated, and sent on more than one occasion, this arrearage was paid directly by me in full to Ditech and to Shellpoint as stated above with the proof shown in the attachments. Both were credited to my account. Therefore, this arrearage should have been deleted from my Loan History and resulting statements back in XXXX! 

2. On XX/XX/XXXX, my History Summary shows a total charge of {$500.00} for Attorney costs, although, I was not advised in advance or sent a bill. Since that time beginning XX/XX/XXXX, the attorney was paid {$49.00} and according to my bankruptcy agreement, my Trustee also began paying {$30.00} per month beginning XX/XX/XXXX which was credited to your attorney. However, the Summary shows those amounts as Prepetition Unapplied and I still dont know what that means or how its being treated. As of XX/XX/XXXX, {$380.00} has been applied/paid to the attorney based on the statements you sent me and those of the Trustee. Please tell me what is the status of the attorneys fees? 

3. In XX/XX/XXXX, my regular monthly payments were reduced by Shellpoint from {$900.00} to {$850.00} then down to {$840.00} in XX/XX/XXXX, and then up to {$860.00} in XX/XX/XXXX, and these amounts have been paid each month as required. 

4. In addition, the Loan History Summary shows varying amounts ranging from {$260.00} to {$290.00} titled Unapplied Balance and Money Type as Trustee Check. Please clarify what that is. 

5. The biggest question has to do with all the unapplied payments, which is a different accounting method than I am accustomed with. Please help me to understand what is going on with that ( in lay terms ) and how that may be affecting my account, including the attorneys fees and the past due amounts shown on my account. How can my regular payments be reduced if I have unapplied payments and past due amounts and why? Is the reduction of my payments causing the past due amounts and the additional pre-petition arrearages that you have listed? It seems that this is a method that just keeps my account in the hole, according to the way it is being serviced. 

6. In your letter dated XX/XX/XXXX, you state that the amount due on the account is {$780.00}. This is based on my payment of {$860.00} plus Other Fees of {$110.00} and minus the Unpaid Balance of {$190.00}. ( a ). What is included in the Other Fees : ( b ).  Where did the Unpaid Balance go ; ( c )? and what happened with the {$77.00} remaining? Are you saying that I still owe {$780.00} or was that credited to my account? Also, the actual bills for my escrow account are {$820.00} for Hazard Insurance and {$1800.00} for County Tax, which is $ {$200.00} less than projected. 

7. In conclusion, my calculations of my mortgage account payments and bankruptcy account show that I do not have any arrearages or past due amounts with Shellpoint. which is what Im trying to get reconciled with you to be able to move forward with a clean slate and to make sure that I am clear with your accounting method and terminology. 

Your assistance and response in clearing this up will be greatly appreciated! 

XXXX XXXX Mortgage Loan Account # XXXX