Consumer complaint received 2021-09-01
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Shellpoint Partners, LLC (CA)

On numerous occasions Mortgage Co has lost, misplaced and misappropriated payments made by us. I am XXXX and my husband is XXXX we both have many health issues. On numerous occasions over the course of several years our mortgage co has lost or misplaced payments made by us and threatened and began foreclosure. Each time I had to get outside help to sort it out before the mortgage company found our money and applied it properly to our account. I believe this Senior Abuse and Misappropriation of Funds and Bad Business Policy. 
I believe they were trying to harass. stress and confuse us so they could steal our home. 
My husband and I filed a Bankruptcy Chapter XXXX Wage Earners Case in XXXX of XXXX. Our mortgage was not part of the bankruptcy, but several months of past due payments ( due to medical issues ) were included. However, due to more medical issues and bills during the course of our bankruptcy, we fell behind on our mortgage payments again and on XX/XX/XXXX our attorney XXXX made a stipulated binary arrangement with our mortgage company for us to pay {$760.00} over our regular mortgage payment with the bankruptcy court until we were caught up. I made each payment by phone, recorded the name of the clerk and confirmation numbers and also told the clerk each time that part of the payment was a binary payment. This seemed to confuse them and I was afraid the binary payments werent being applied properly so I started paying in two payments on same date stating which one was the regular mortgage payment and that the {$760.00}. XX/XX/XXXXwas a binary stipulated payment that our BK trustee set up. 
My XX/XX/XXXX statement listed my monthly payment as only {$840.00} due on XX/XX/XXXX. I didnt know why payment was so low but felt they were trying to trick me and steal our home. 
It also had in the summary of Amounts Past Due Before Bankruptcy Filing as the total pd XXXX and current Balance XXXX. I wanted this explained. As there was listed in Breakdown of past payments box a partial Payment unapplied of XXXX and I wanted to know if not applied- Why? And where was it being held and if it was collecting interest. 
On XX/XX/XXXX I called and spoke to a XXXX  at which time I paid my {$1300.00} regular mortgage payment and then asked her to transfer me to the BK Dept but I was sent to a mailbox system. I never got through to someone to speak to anyone so never got those questions answered. 
XX/XX/XXXX Statement also listed monthly payment as XXXX due XX/XX/XXXX ; and still showed {$2200.00} as current balance of Summary of Amounts Past Due Before Bankruptcy Filing. But it showed no partial payment unapplied in the box as before. 
XX/XX/XXXX I called Our mortgage company to ask why an amount which I knew to be incorrect was listed on our monthly statement as being past due. I asked for my contact persons name and was told I had none at this time. I was told that the bankruptcy payments were being paid to XXXX XXXX XXXX XXXX by or to a XXXX. I didnt understand what was being said or going on, but I paid my regular payment of {$1300.00}. and finally someone transferred me to BK Dept where I spoke to a XXXX  who said she can not even see, readback or answer any questions about my statement but could only answer BK related questions, but did say XXXX had been paid to this account from the Bankruptcy Court Trustee. I told them it should have been paid from payments made by us to our Ch XXXX account which I paid online and had a clear record of each payment which I could easily prove ; and she then referred me back to main number. I kept asking her questions and she said payments have been made to XXXX XXXX XXXX XXXX Finally she saw the amount of {$5300.00} and said she was checking to see if that is what Trustee was supposed to be paying. I asked if it is outstanding? She said no, Im still checking to see what it is. Not giving me a breakdown. I asked if she could give me more information. She said basic info only. Then she said the Stipulation was written on XX/XX/XXXX and contractually due on XX/XX/XXXX. And as of that day we were 3 payments behind on the Stipulated payments. And that on XX/XX/XXXX wed be in default and foreclosure would happen. 
I was told that I had to speak with their BK Dept because they couldnt discuss my statement due to our bankruptcy, and gave me a number to call. I was given ext XXXX I called it, but had to listen to recording 2-3 times before got an extension prompt and then I was put on hold for 45 minutes and then it disconnected. 
I called again and after having to listen to a loop recording for a very long time at XXXX I was told by a recording that Id get a call back in 11- 16 minutes. But I didnt get a call back by XXXX so I called again and spoke with a XXXX who gave me an 800 number to call and said I must get any statement questions answered by BK Dept because she is not allowed to discuss anything except take a payment. She did, however give me a name of a person who I was told was my single person of contact XXXX. Up to that point -- although Id called dozens of times -- Id never heard of a person of contact let alone XXXX. 
This continued in a circle for most of the morning until I was totally confused and exhausted. 
I called and left a message for XXXX and then called our attorney who contacted the Bankruptcy Trustee. 
I was told we had to prove that the stipulated binary payments in question were paid, which I did ( Please see attached copy of my letter dated XX/XX/XXXX to XXXX, our attorney listing paymentsI also sent her a copy of bank statements showing payments ; and copy of our attorneys email dated XX/XX/XXXX to XXXX, BK paralegal for our mortgage company. So the issue of our stipulated binary payments was caused by our mortgage company, or the BK couXXXX, not applying my payments to proper account and our mortgage did not go into default. 
XX/XX/XXXX statement again had incorrect payment amount. This time XXXX due on XX/XX/XXXX, which this time I paid instead of the regular pmt of XXXX. Then I asked the same questions I had in the past ie why statement shows past bal when it should be XXXX after our BK, AND why a late fee on XX/XX/XXXX when they cant charge a late fee on amounts pd through the BK court. And what is partial pmts unapplied?? and where is this money being held?? and is it earning interest?? and who is getting paid the interest. I was told to talk to BK Dept. 
XX/XX/XXXX Statement showed our true regular {$1300.00} as payment due. I asked to pay it and was transferred to the BK Dept where spoke to a XXXX and made my regular {$1300.00} payment. 
On XX/XX/XXXX, XXXX we were notified of change of escrow payment. 
Regular Mortgage Payments stayed {$1300.00} for next few months, though I never got my questions answered about why the amount of past due before BK filing was not being paid down as they should. Also not answered : why and where were all the partial payments and were they gaining interest and who was getting it?. 
I was told early on that after BK was finished all past payments would have been made and we would be current. 
However after our last payment to Bankruptcy Trustee was cleared our statements still showed a balance owed in the summery. I was told by our attorney that it is taking a couple months longer than usual for everything to get updated due to COVID slowing things down because office workers mostly worked from home and it took longer to process everything and get docs signed off and back to Trustee and filed. But the past due amount continued to stay on our statement so I called again even after we got the Letter of Completion from BK Court. 
When I called Our mortgage company to inquire, I was told the statement went out prior to my payment being processed. 
XXXX Still trying to get questions answered, this time I was given XXXX email : and ext again. I went to web portal and set up a phone appointment with XXXX for Fri XX/XX/XXXX @ XXXX. 
Called BK trustee and called Our mortgage company again and made regular pmt of {$1300.00}. XX/XX/XXXXStatement Dated XX/XX/XXXX due XX/XX/XXXX shows a past due of {$1300.00} with a total of $ XXXXdue. This in an error. We do not have a past due balance. 
We went through this last month as well. After calling my attorney, who contacted the Bankruptcy Trustee I received a document ( dated XX/XX/XXXX ) from Trustee stating that " The Bank of, as Trustee for the Certificate holders of XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX-Through Certificates, XXXX XXXX agrees that the debtor ( s ) ( have paid in full the amount required to cure pre the prepetition default on the creditor 's claim. 
Please see attatchment. Also please note I paid the XXXX pmt on XX/XX/XXXX and it cleared my bank XX/XX/XXXX. There is and was NO past due that month. 
I tried to clear this up for most of the day, making numerous calls trying to get through to XXXX, and then I tried making my payment via the automated service and was given a different amount due than what is on the statement ( {$2700.00} ), I hung up and called back and spoke with XXXX ext who also gave me a different amount due ( {$2200.00} ), at which time I made the reg pmt for XX/XX/XXXX of {$1300.00} Conf # After taking my pmt she transferred me supposedly to the BK Dept to discuss this problem but after 40 minutes on hold another XXXX answered who was in the Customer Service Dept. She said all she could do was to transfer me to the BK Dept -- that was after 19 more minutes on hold again.

After a few minutes on hold it sounded like someone was going to answer, but instead hung up on me! I was on the phone to our mortgage company from XXXX to XXXX most of that time I was on hold!! 

XX/XX/XXXX I called and spoke to a XXXX and told her the wrong pmt amt is listed on statement XX/XX/XXXX. She said only {$1300.00} was due. Then said must talk to BK Dept and transferred me to where a recording said no one was available and leave a request for call back and they will usually return call within 24-48 hrs. 
I called XXXX at ext again, this time I was able to leave a message. Hes supposed to call back in 24 hrs.He didnt. 
XX/XX/XXXX I called again and was told foreclosure was being started. I asked to speak to the person whom I had been told was my one person of contact, XXXX. I was transferred and put on hold a very long time and when XXXX got on the line he restated that I was {$2700.00} past due and foreclosure was being started, I protested and asked what it was for and after putting me on hold for several minutes he ( XXXX ), without explaining what it was for, said if I paid {$860.00} right now I would be all caught up. But I had to pay it right now. I felt afraid and coerced, so I paid the {$860.00} and it cleared my XXXX XXXX XXXX XXXX account on XX/XX/XXXX. Please note that I had paid our regular mortgage payment of {$1300.00} on XX/XX/XXXX and it cleared on XX/XX/XXXX. I also received a Response To Notice of Final Cure Pmt dated XX/XX/XXXX wherein Our mortgage company states that we have paid in full the amount owed prior to bankruptcy. So WHAT was I being charged for and WHERE did it go? 
The next month the {$860.00} AMOUNT payment still had not shown up on my statement, however the amount due showing was the regular monthly payment. I called and asked where the {$860.00} was applied because I dont see it on my statement. and I was put on hold for a very long time and then it was disconnected. I kept calling and I asking for payment history and each time I was transferred and put on hold for a long time then put on hold again for long time until finally it was disconnected. This happened repeatedly. I was finally given extension XXXX again, but it went to a weird recording and hung up. 
But at least the proper amount for my mortgage payment was on our statement. 
However, XX/XX/XXXX statement due XX/XX/XXXX showed payment due only XXXX --??? I called and was told it was actually {$1300.00} so I paid {$1300.00}. 
XX/XX/XXXX Statement due on XX/XX/XXXX showed a different amount that of {$1600.00} as reg payment.. Not only that but it also showed a past due fee of {$250.00}. I called and spoke with XXXX XXXX who said reg payment due was XXXX and ZERO past due. So I paid XXXX She said that the statement went out prior to payment being processed and that the statement and payment passed each other in the mail. 
XX/XX/XXXX Statement due XX/XX/XXXX same thing with the {$250.00} past due fee. I called to make a payment but asked a XXXX about the {$250.00} and got the same answer statement date is 4th and your payment passed in mail. I pointed out that this was the. 3rd month this happened and never happened in all the prior months since the beginning of my loan. She said she would get a Specialist to help me. So XXXX from Customer Serv got on line and was going to send me to the BK DEPT but instead the Loan Servicing Dept to dispute it, and I was given a fax # XXXX. I asked for a supervisor and a XXXX '' Team Lead in Customer Service got on. When I asked if she was a Specialist she said They call us that in other departments because we are more knowledgeable She told me that the {$250.00} was not a late fee but a BK fee from XXXX and was found when assessed in XX/XX/XXXX. She said she would email invoice to me. She didnt. 
I called and again asked about the {$250.00} and was told that my account had been audited and the {$250.00} was a Bankruptcy fee from XXXX that had been overlooked, and just uncovered. I disputed this as it was over 10 years old and I have a letter from Our mortgage company stating that they agreed that we had paid in full the amount required to cure the petition default on their claim. 
I received a letter from our mortgage company acknowledging my dispute of the {$250.00}. And called it legal fee charges on the referenced loan. And said the fees were valid and will not be removed. 
I called my bankruptcy attorney and she said that she was no longer the attorney of record since our bankruptcy had closed. 
In meantime I kept looking at my statements but the {$860.00} amount was never listed as being paid to my account, XX/XX/XXXX I contacted Senior Alliance in my city, who referred me to XXXX XXXX XXXX XXXX XXXX  ( XXXX  ) in XXXX, CA for help. 
After several letters from myself as well as from XXXX to Our mortgage company went unanswered XXXX XXXX XXXX talked to me about making a conference call to Our mortgage company which I agreed to do, and they said they would set it up. 
On XX/XX/XXXX during the conference call between myself, XXXX of XXXX and XXXX of our mortgage company, XXXX said they would send me my accounts complete transaction records -- but it would take some time to gather them. 
I received 2 letters from Our mortgage company stating they were working on getting the documents to me. 
Satisfied that I would receive the transaction history, XXXX ended their service and referred me to your agency to pursue a complaint on how they have handled my account. 
I called my Bankruptcy attorney again concerning the {$250.00} late fee/ BK fee/ Attorneys fee, and she told me to pay the {$250.00} because she would charge me more than that to fight it, but she would send me a document showing Our mortgage company signed off on the bankruptcy. This caught me at time when I was ill and literally defeated and sick & tired of businesses and people letting us down and taking advantage of we elderly ones. I went ahead and paid I paid the {$250.00}, though I said I was going to fight for a refund. I feel we were cheated then and I also feel we were cheated out of the {$860.00} payment I made through XXXX. 
XX/XX/XXXX I did finally get our transaction records from Our mortgage company Mortgage ( see attachments ), ( the payment of $ XXXX is not listed, as well as a letter with confusing information addressing my questions that Ive been asking for over a year. PLUS I can see NOWHERE where they applied the {$860.00} that I paid to my mortgage account, although it was clearly deducted from my bank account and paid to Our mortgage company mortgage. ( see copy of Bank of the Statement ) In the letter dated to me it looks like they moved funds and put names on them to their benefit. For instance I was told twice that the {$250.00} was a XXXX BK fee but they now labeled it Legal Fees Step 4 : What company is this complaint about? Our mortgage company Mortgage It also looks like they are transferring our account to another companyis it still one of their entities? I really feel helpless and afraid they will end up swindling us out of our home of 20 years. At our ages ( Im XXXX & next month XXXX -- my husband will be XXXX ) what would we do and where would we go? All the confusion and stress theyve put us through has had an impact on our health and well-being. And to do this during a Pandemic when the elderly is already under a great deal of stress is heartless.