Consumer complaint received 2025-01-14 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Shellpoint Partners, LLC
State: TX

Complaint narrative:
In XXXXXXXX XXXX XXXX  I requested a mortgage modification due to financial hardship. I was put into a mortgage modification program and told that I needed to make 3 " qualifying monthly payments '' in order to finalize the modifcation. 

In late XX/XX/XXXX I was told then I was required to have my ex-wife remove herself from the title & deed of the property as part of the modification finalization. My ex wife and I were married at time of purchase of the property and origination of the mortgage. In addition, the final divorce decree has clear indemnification provisions related to the subject property. 

I informed the servicer that I was having trouble getting my ex-wife 's compliance with their request and was going to have to pursue formal legal action. 

I continued to make " qualifying payments '' during this time. My last payment was made in late XX/XX/XXXX. My point of contact at the servicer continued to assure that my modification was still open and just pending removal of my ex wife from the deed. 

In XX/XX/XXXX I began to receive some communications from the servicer that my modification was no longer active and/or had been cancelled. However, my point of contact continued to assure me that my modification was still active. 

In XX/XX/XXXXXXXX XXXX  I received formal communications that my loan was in foreclosure proceedings. My point of contact, however continued to advise me to try to get my ex wife off the deed and to submit a letter from my attorney regarding the situation. In addition, I submitted documentation demonstrating my ability to continue paying the modified mortgage amount. 

This continued on through mid XXXX. In late XXXX, after the XXXXXXXX XXXX my point of contact was re-assigned 2 times, resulting in the removal of my original point of contact with whom I had been working on forbearance since XXXX XXXX and the formal modification since XX/XX/XXXX XXXX 

On XX/XX/XXXX, I learned from a Loss Mitigation Team lead that, in fact, my modification has been cancelled in late XX/XX/XXXXXXXX  as a result of my ex-wife remaining on the date. However, my official point of contact apparently attempted " to try to keep my file open '' in their systems but never informed of the formal status of my modification. 

I made a subsequent monthly payment in late XX/XX/XXXX under the impression that my modification was in place and account in good/current standing. 

I spoke with my 3rd point of contact, to whom I was assigned on XX/XX/XXXXXXXX XXXX XXXX  - 4 days before my auction sale date of XX/XX/XXXX XXXX was unfamiliar with my case and unable to answer basic questions about my loan, modification application and history. She had to take an extended break during our conversation to review my file quickly. 

Later that same day, XX/XX/XXXXXXXX XXXX XXXX  I attempted to request a formal re-instatement quote from the Loss Mitigation Department via phone. The Loss Mitigation representative was unable to give me a clear answer regarding the reinstatement amount and said he would email me the written quote later " when he got back from lunch. '' He subsequently emailed me a re-instatement quote for a 3rd party and their loan. The statement contained sensitive personal information. 

That same day, I had to retain legal counsel to represent me in a wrongful foreclosure claim in XXXX XXXX Texas, which resulted in the granting of a TRO enjoining the foreclosure sale for the time being. 

I was noticed through my attorney that the foreclosure sale on Tuesday, XX/XX/XXXXXXXX XXXX XXXX  was officially cancelled. 

I was then informed via email by the servicer that they were re-opening a new modification request on my behalf Since then, I have requested updates on my modification with no response from the servicer. In addition, my attorney has requested updates regarding any future adverse actions and/or foreclosure sale dates from the servicer 's attorney. Their attorney has stated that the servicer has been unresponsive. 

I believe there were numerous failures in communications, errors, and actions taken by the servicer that resulted in my modification being wrongly cancelled and foreclosure proceedings being inappropriately taken.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation