Consumer complaint received 2019-06-11
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Shellpoint Partners, LLC (UT)

On XX/XX/XXXX we did an annual check of our credit rating with the three major credit bureaus. We have a first and second mortgage with XXXX XXXX XXXX. We have make regular payments on or before each due date for both the first and second mortgage. 
While reviewing the credit report, we were astonished to see that our first mortgage had been sold by XXXX XXXX XXXX to a company we had never heard of, Shellpoint. As we continued to read, Shellpoint had placed our account/home in foreclosure claiming we were late more than 180 days in payments. We have never received any notice of late payment nor had we been contacted within the 15-day federally mandated time frame that our mortgage had been sold and purchased ; neither Bank/Mortgage servicing company failed to follow federal banking guidelines/laws. The following information and timeline shows twice that Shellpoint has failed to work with us in a timely, open format and is stonewalling us in order to sell our home from under us. We did nothing wrong and are being victimized by XXXX XXXX XXXX and the Shellpoint mortgage servicing company. We have worked for over a year trying to correct this issue ( caused by the XXXX XXXX XXXX and Shellpoint ). This complaint will likely not stop the sale of our home out from under us, and it will result in litigation with both companies. 

XX/XX/XXXX we contacted XXXX XXXX XXXX concerning the missing payments. We were instructed to overnight bank statements showing the canceled checks of each mortgage payment that XXXX XXXX XXXX said we didn't send. 

On XX/XX/XXXX we contacted Shellpoint for the first time. We were directed to XXXX XXXX as our point of contact. She confirmed that Shellpoint indeed had purchased the mortgage from XXXX XXXX XXXX and had no idea why we were in foreclosure status. She indicated an audit would need to take place taking up to 7 business days. 

On XX/XX/XXXX we called XXXX XXXX XXXX and spoke with XXXX who stated our mortgage was paid and current but there were problems. She said she would send us a packet of paperwork that we needed to fill out and send back. 

On XX/XX/XXXX we contacted Shellpoint and spoke with XXXX who indicated that the mortgage was purchased in foreclosure status. She requested information from XXXX XXXX XXXX and that she would contact us no later than XX/XX/XXXX. 

XX/XX/XXXX we contacted Shellpoint and spoke with XXXX who said paperwork arrived from XXXX XXXX XXXX but they needed an additional 72 hours to look it over. 

XX/XX/XXXX we received claim paperwork from XXXX XXXX XXXX, filled it out, added copies of check and bank statements. Due to the lateness of the day, the paperwork had to be mailed the next day. 

XX/XX/XXXX we called XXXX at XXXX XXXX XXXX who confirmed they received our paperwork and they she would look at the claim next week. 

XX/XX/XXXX. We contacted XXXX at Shellpoint who indicated they are still comparing their records to XXXX XXXX XXXX records. They asked for additional bank statements and duplicates. They will send us a form to fill out and return with our documents. 

XX/XX/XXXX. We contacted XXXX at XXXX XXXX XXXX for an update. She claimed she was still working on the issue. She stated that she should have things cleared up by the end of the coming week. 

XX/XX/XXXX We received a packet from Shellpoint. We signed papers, added duplicate copies of checks and bank statements and mailed the documents priority mail same day. 

XX/XX/XXXX we called XXXX at XXXX XXXX XXXX, they have no further information for us and said to call back Monday. 

XX/XX/XXXX we called XXXX at Shellpoint. She indicated the papers arrived and she is going over them and said to call next week. 

XX/XX/XXXX called XXXX XXXX XXXX. XXXX indicated we are not in foreclosure. She found the problem, she is crediting our payments onto our first mortgage. She will send a letter and documentation to Shellpiont to fix the loan status of foreclosure. 

XX/XX/XXXX called XXXX at Shellpoint, relayed the info from the conversation with XXXX at XXXX XXXX XXXX. XXXX told us to call back Thursday after she could be sure the letters and payments arrived. 

XX/XX/XXXX. Called XXXX at Shellpoint. She received a letter from XXXX XXXX XXXX and would review it with her supervisor. She told us to call Monday and confirm that our account would be credited with payments that had previously and erroneously been thought to be missing. 

XX/XX/XXXX. called XXXX at Shellpoint. She stated everything was fixed and back to normal. They would send out an updated payment voucher and we would be ready to go for the XX/XX/XXXX regular payment date. As stated previously, both XXXX XXXX XXXX and Shellpoint failed to notify us of the sale/purchase of the first mortgage. 

Jumping ahead in the timeline, oddly enough, in XX/XX/XXXX we were notified our second mortgage with XXXX XXXX XXXX had ben sold to XXXX XXXX XXXX. We were notified by both companies the second mortgage had been sold/purchased. Why didn't this happen with our first mortgage? The non-notification by both XXXX XXXX XXXX and Shellpoint is what caused a significant portion of the current issue. However, the problem was not even close to being solved! 

On XX/XX/XXXX we discovered foreclosure papers from the city & county we live in stating our home will be sold XX/XX/XXXX. We instinctively called Shellpoint and spoke to XXXX. She claimed to take down our information/complaint. She told us she had some intake questions about income and household bills. She told us that the only way to stop the sale of the home was to go through loan mitigation. We filed a form 4506T, sent a current pay stubs, second mortgage company info etc. All forms were to be signed and dated and uploaded to the Shellpoint website. This was all the help she offered. 

XX/XX/XXXX we contacted Shellpoint who indicated they had received a request for modification but that the forms were inaccurately filled out. She said they needed a physical signature, signed and dated and needed 30 days proof of income from both occupants of the home. XXXX stated she had issues formatting some of the documents, we don't know what that means. 

XX/XX/XXXX XXXX we contacted Shellpoint who indicated that they only received the 4506T and Dodd-Frank certification form. They claimed there are additional forms missing. XXXX did not provide the address of where the documents were to be sent nor did she provide information as to how Shellpoint wanted the information XX/XX/XXXX XXXX we contacted Shellpoint asking where to send the documents. We were then told Shellplint Mortgage Servicing XXXX XXXX XXXX XXXX, SC XXXX. All requested documents were sent overnight mail. 

XX/XX/XXXX. Called Shellpoint who confirmed the documents were at their local post office waiting to be picked up. 

XX/XX/XXXX XXXX indicated it would take 48 hours to upload the documents into Shellpoint 's system. 

XX/XX/XXXX called Shellpoint who indicated there were minor errors in the document that needed to be fixed and then sent overnight mail. 

XX/XX/XXXX called Shellpoint only to get voicemail. Contacted them via email. They stated that they needed hardship papers to be sent. Over the next 8 days we tried to contact Shellpoint via telephone and had no luck. We emailed and got sporadic responses. 

XX/XX/XXXX. We were notified by Shellpoint that our case is sitting at underwriting. With less than 3 days to the sale of our home, I have zero confidence that Shellpoint will come through and correct the problem they created. At this point I am nearly resigned to the fact that although we have not missed a payment AND CAN PROVE IT, we'll still lose our home that we've been in for almost 14 years. We want to sue both XXXX XXXX XXXX and Shellpoint for negligence, communications fraud, pain, suffering and harm to our credit for their failure to follow banking laws and guidelines.