Consumer complaint received 2026-03-17 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Shellpoint Partners, LLC
State: TX

Complaint narrative:
I. Purpose of This Notice This is a follow-up Notice of Error and Request for Information under 12 C.F.R. 1024.35 and 1024.36. It addresses multiple inaccuracies, omissions, and unsupported claims in Shellpoints XX/XX/XXXX CFPB response and XX/XX/XXXX acknowledgment. Your XX/XX/XXXX response does not satisfy RESPA requirements because it contains false statements, incorrect assumptions, and missing documentation, and because it fails to address the actual servicing errors raised. This follow-up NOE triggers new statutory deadlines. II. Errors and Misstatements in Shellpoints XX/XX/XXXX Response 1. Misrepresentation of My CFPB Submission Your response falsely states that I asked the CFPB to assist with updating the information listed for property taxes or to resolve an escrow dispute. This is incorrect. My CFPB submission was made solely for regulatory violation tracking, not to request that the CFPB intervene in or correct escrow calculations. Mischaracterizing the nature of my CFPB submission constitutes a failure to identify the actual servicing errors raised, in violation of 12 C.F.R. 1024.35 ( e ). This demonstrates that Shellpoint did not investigate or respond to the issues actually raised, including improper tax disbursements, failure to request refunds, misrepresentation of the tax deferral status, and wrongful foreclosure activity. 2. False Claim That the Tax Deferral Expired in XXXX Your letter states : The deferred plan previously approved in XXXX expired as of XX/XX/XXXX. This is factually incorrect. The correct timeline is : The Over-65 tax deferral was approved in XXXX. During my XXXX protest, XXXX XXXX temporarily removed the deferral while reviewing exemptions. XXXX XXXX reinstated all exemptions and the tax deferral on XX/XX/XXXX. XXXX XXXX never informed Shellpoint that the deferral was cancelled or expired. XXXX XXXX never sent Shellpoint a tax bill for any year. Your claim of expiration is unsupported and contradicted by county records. ERROR ASSERTED : Misrepresentation of tax status and failure to verify deferral. 3. Shellpoint Paid Taxes Without Receiving Any Invoice or Bill Your own tax receipts show that Shellpoint paid taxes : In advance of receiving any bill or invoice. Under Texas Tax Code 33.06 : Deferred taxes can not be billed Deferred taxes can not be delinquent Deferred taxes can not accrue penalties Deferred taxes can not be paid by a mortgage servicer Because Shellpoint paid taxes without a bill, without authorization, and during an active deferral, Shellpoint is responsible for : All resulting escrow shortages All penalties paid All foreclosure-related fees All legal fees I incurred All damages caused by the improper disbursements ERROR ASSERTED : Improper escrow disbursement and misapplication of payments. 4. False Claim That No Refund Is Available Your letter states : It was confirmed that a property tax refund was not available. This is incorrect. XXXX XXXX informed me : Refunds require a Research Request submitted by the payer ( Shellpoint ). Shellpoint has never submitted a Research Request. No refund can be issued until Shellpoint files the request. ERROR ASSERTED : Failure to mitigate damages and failure to act on borrower-provided information. 5. Failure to Provide Required Documentation Under 12 C.F.R. 1024.36 Although you provided an escrow activity history, you did not provide : Copies of tax bills you relied on Copies of invoices you paid Copies of communications with XXXX XXXX Copies of internal notes Copies of call recordings or transcripts Copies of foreclosure-related invoices Documentation supporting your claim that the deferral expired Documentation supporting your claim that no refund is available These are mandatory under 1024.36. ERROR ASSERTED : Failure to provide information required by law. 6. Failure to Address Wrongful Foreclosure Activity Your response ignored : The XX/XX/XXXX foreclosure call The lack of a Notice of Default The lack of a cure amount The prohibition on foreclosure during an active NOE investigation ( 1024.41 ) ERROR ASSERTED : Failure to address foreclosure violations. III. New Requests for Information ( 12 C.F.R. 1024.36 ) You are required to provide : All tax bills, invoices, and statements used to justify disbursements for XXXX. All payment confirmations, cancelled checks, and receipts for each tax payment. All internal communications, notes, and logs relating to tax verification, tax payments, refund requests, escrow analyses, and foreclosure activity. All communications with XXXX XXXX, including phone logs, emails, and written correspondence. All call recordings and transcripts, including the call where you claim you told me not to deposit a check. All internal call logs and QA notes. Documentation supporting your claim that the deferral expired. Documentation supporting your claim that no refund is available.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation