Consumer complaint received 2024-09-19 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Shellpoint Partners, LLC
State: TX

Complaint narrative:
Hello and thank you for any assistance you can provide in regard to my continued problems with Shellpoint mortgage. My mortgage has been in place since XXXX, and Shellpoint became my mortgage servicer about XXXX ( XXXX ) years ago. They have been IMPOSSIBLE to deal with since they became my mortgage servicer. I have NEVER had ANY issues with my mortgage until Shellpoint took over and since Shellpoint has been my servicer, they have attempted to foreclose on my house now on XXXX ( XXXX ) occasions. On ALL the foreclosure attempts, I received NOTHING from Shellpoint concerning the pending foreclosure and, on each occasion, I was alerted to the process by companies wanting to either purchase my house or help me with options to stave off the foreclosure. Interestingly enough some of those calls were initiated from a Shellpoint subsidiary. So, XXXX branch forecloses on the house, while another wants to help me sell the house. It just amazes me the XXXX that this company has. 

My PRIMARY issue has been with Shellpoint 's company policy of having a customer service representative as the SOLE POINT OF CONTACT, for ALL correspondences and decisions. While I could understand this if Shellpoint hired quality personnel, in my case EACH customer service representative has been HORRENDOUS. This leaves the customer with ZERO options other than to file claims with the BBB and other regulatory agencies or to hire an attorney to fight the process. 

My paramount problem is that my home is set for foreclosure on XX/XX/XXXX. This is due to the following reasons that Shellpoint has caused : 1. Shellpoint FAILED to respond to a request from the XXXX XXXX XXXX XXXXXXXX and thus caused XXXX ( XXXX ) APPROVED XXXX payments for monthly mortgage and Shellpoint assessed escrow for the months of XXXX, XXXX, and XXXX. The XXXX assigned case numbers for these payments -- XXXX, XXXX, and XXXX. Case XXXX was changed to XXXX once these cases were moved from 'approved ' to 'denied. ' I was told by the THAP that I would not need to make a mortgage payment until XXXX of XXXX and the payments authorized by the XXXX were each in the amount of {$2400.00} and thus totaled {$7300.00}. XXXX ended up denying these payments in XXXX XXXX because Shellpoint FAILED to reply to MULTIPLE requests by XXXX for necessary documentation and payment instructions. By the time that I was made aware of the issue, XXXX was in the process of shutting down due to the funds being exhausted. A THAP supervisor told me that NUMEROUS attempts were made to get Shellpoint to comply with the necessary requirements and after an EXTENDED period of time, THAP was forced to distribute the funds allocated to me to another needy homeowner.

2. Shellpoint has continued to bill me for 'Lender Placed Hazard Disbursement ' even though I have property insurance on my house. This problem has been ongoing for almost XXXX ( XXXX ) years and Shellpoint has FAILED to reply to MULTIPLE requests from XXXX and XXXX as to what they need to get these BASELESS charges to cease. 
3. Because of Shellpoint 's 'Lender Placed Hazard Disbursement ' monthly charges, they have set up an escrow account for my mortgage. I DID NOT authorize this and DO NOT wish to have an escrow account. I have been in this house since XXXX and until Shellpoint took over as my mortgage processor, HAVE NEVER had an escrow account. 
4. I had set up a payment plan for my property taxes in early XXXX of XXXX for my calendar XXXX property taxes. When I made my first payment in XXXX of XXXX, XXXX XXXX informed me that Shellpoint paid the property taxes in full in late XXXX of XXXX. I DID NOT authorize this, and it has ended up being a SEVERE detriment. I have YET to receive an explanation as to why this occurred. This did, however, allow Shellpoint to continue the escrow account and pushed my normal mortgage payment of {$760.00} to {$2000.00} which has been IMPOSSIBLE for me to pay due to the pandemic. I believe this was a purposeful act by Shellpoint to give them the ability to assess unnecessary fees onto my mortgage for document delivery, property inspections, and eventually foreclosure proceedings. 
5. Once again, I was blindsided by this foreclosure attempt. I received NO notification in ANY correspondence and actually received a notice left taped to my door from Shellpoint on XX/XX/XXXX outlining ways to receive mortgage assistance. AGAIN, there was nothing in this delivery stating ANYTHING about the upcoming foreclosure. I did, however, have a {$13.00} delivery fee assessed to my account. Shellpoint makes these 'document deliveries ' about once a month and EACH AND EVERY ONE says the EXACT same thing. I find it quite telling that at NO POINT did Shellpoint send ANY TYPE of foreclosure documentation on ANY of these 'document deliveries. ' 6. I made a payment of {$24000.00} on XX/XX/XXXX that was received by Shellpoint on XX/XX/XXXX. For reasons that have all gone unanswered, Shellpoint returned that {$24000.00} payment on XX/XX/XXXX. Shellpoint shows per my XX/XX/XXXX statement that the amount due is {$11000.00}. So by just a simple subtraction, I not only paid the amount that Shellpoint said was now due, but also paid an additional XXXX. Why was that check returned? Why didn't Shellpoint initiate ANY type of contact when that payment was made. Again, it is my opinion that this was also a purposeful act, as if they had applied the {$24000.00} payment on XX/XX/XXXX then fees associated with the foreclosure COULD NOT HAVE BEEN ASSESSED. I find this CRIMINAL. 
7. I made a request for a payoff amount for a XX/XX/XXXX payment on XX/XX/XXXX through the Shellpoint portal. The portal told me that the payoff request would take XXXX ( XXXX ) days to receive. It is now XX/XX/XXXX and I have XXXX to receive the payoff amount and instructions. Again, NO communication on this request as again, NO FORECLOSURE FEES could be assessed if a payoff had been requested. 

Additionally, I would like to know why Shellpoint started a foreclosure process in XXXX and XXXX of XXXX when the XXXX XXXX XXXX XXXX had been in touch with them concerning the amount that was necessary to bring the loan current. Charges were assessed by Shellpoint that were in direct violation of what the XXXX told me were proper. XXXX assigned case number XXXX for this and was able to get the information they needed XXXX ( XXXX ) days before those funds were to be distributed to other needy homeowners. The ONLY reason why this matter was resolved was due to another XXXX  request for help back in XX/XX/XXXX. Had I not initiated that request, the {$40000.00} that had been approved would also have been disbursed to another needy homeowner. Instead of applying the payment from XXXX towards principal and interest, Shellpoint applied a LARGE chunk of that payment for their fees and assessments. I am currently in discussion with THAP on if this was proper, but as of this request have not received a resolution. 

At NO point since Shellpoint became my mortgage servicer has there been a time where they have been responsive to my needs. 

I am demanding the following : 1. STOP the foreclosure proceeding IMMEDIATELY and refund ANY AND ALL charges associated with this process. 
2. Reimburse me for the payments that the XXXX had setup after bringing the loan current in XX/XX/XXXX. 
3. Refund ANY AND ALL charges based on 'Lender Placed Hazard Disbursement ' during the period where I've had homeowners ' insurance. 
4. Refund ANY AND ALL charges related to the delivery of these worthless mailings.

5. Refund ANY AND ALL charges related to the inspection charges that have been assessed.

6. I would ANY AND ALL money set aside in the escrow account to be applied to the principle of the loan and a payoff amount given for a payoff date of XX/XX/XXXX. 
7. I am DEMANDING copies of ANY AND ALL correspondences to be made available to me concerning this foreclosure.

8. I am DEMANDING that a member of UPPER MANAGEMENT with common sense and authority get this resolved IN SHORT ORDER. 

I am giving Shellpoint until Friday, XX/XX/XXXX, to respond to this dispute and provide me with a CONCRETE resolution that will be FINALIZED by Wednesday, XX/XX/XXXX. If this has not been resolved to MY SATISFACTION, I will pursue the reporting of Shellpoint Mortgage Servicing to ANY AND ALL REGULATORY AGENCIES. 

It was also suggested that I make a payment for the EXACT amount that Shellpoint states is necessary to bring the loan current. That amount is XXXX, and a check was submitted from my Credit Union to Shellpoint this week. I will be interested to see if Shellpoint actually processes this payment. 

Based on other CFPB cases that I've read ; my horrendous nightmare seems to be the daily operating procedure for Shellpoint as I have yet to find A SINGLE POSITIVE COMMENT made about this company. 

Please have Shellpoint reply to me via email or phone/text. They have all this information on file. 

Again, I appreciate ANY assistance that you can provide to help me in this matter. Shellpoint, OBVIOUSLY, has other motives. 

Sincerely, XXXX XXXX XXXX

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