Consumer complaint received 2025-08-04 00:00:00
Product: Mortgage — Conventional home 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: OH

Complaint narrative:
I am writing this complaint to the CFPB to help keep my servicer from lying and going against exactly what they said they were going to do as far as having the foreclosure on hold while I am being reviewed for all options. Shellpoint has grossly overstepped, and their actions are completely unacceptable!

The law firm that is assisting me with working to resolve my mortgage issues with Shellpoint, submitted a new financial package to Shellpoint on XX/XX/XXXX. They followed up with Shellpoint a few days later, and Shellpoint emailed them the letter dated XX/XX/XXXX which confirmed that Shellpoint deemed the financial package complete as of that day, and more importantly, that there was foreclosure protection on my account. At the time my law firm received this letter, no sale date was set with the XXXX XXXX XXXX office. My law firm informed me that regardless if a foreclosure is on hold with a servicer, they still check to make sure no date is set as they see servicers make a lot of mistakes, which is the exact situation here. 
In the letter that I have attached from Shellpoint dated XX/XX/XXXX, their exact words from the letter states : The completion of your application has granted you protection from foreclosure while we evaluate the application. If the foreclosure process has not been initiated, we will not refer your property for foreclosure during the evaluation process. If the foreclosure process has already been initiated, we will not commence a foreclosure sale. If the foreclosure sale has been scheduled, we may be unable to stop a sale where a court with jurisdiction over the foreclosure proceeding ( if any ) or public official charged with carrying out the activity could fail or refuse to halt a scheduled sale. 

Again, at the time this letter went out as well as up through XX/XX/XXXX, no sale date was set, nor should it have been, based on that they have made it clear that I have foreclosure protection on my account while my application is being reviewed for assistance. It wasnt until XX/XX/XXXX that a sale date was set with the XXXX XXXX XXXX XXXX with a sale date of XX/XX/XXXX. They also state in the letter that, If the foreclosure sale has been scheduled, we may be unable to stop a sale where a court with jurisdiction over the foreclosure proceeding ( if any ) or public official charged with carrying out the activity could fail or refuse to halt a scheduled sale..

My law firm confirmed that the servicer has the ability to have their attorney cancel the sale date at any point prior to the sale, and they have yet to do so.

To make matters worse, Shellpoint tried to pull the no harm, no foul situation when my law firm spoke to them on XX/XX/XXXX to confirm they are cancelling the sale immediately that shouldnt have been set. As well as they spoke to the supervisor, XXXX on XX/XX/XXXX. The supervisor told my law firm that I was recently denied for a loan modification so there would be no reason to cancel the sale now.

This is exactly the shady, unethical behavior my law firm was referring to when it comes to Shellpoint. It is completely irrelevant if I was recently denied around XX/XX/XXXX range ( Shellpoint has still failed to provide the denial letter to my law firm for us to review ). The only fact that holds true is that Shellpoint put in writing that I had foreclosure protection on my account, but still proceeded with moving forward with the foreclosure and setting a sale date that never should have happened. If I they what they were supposed to do and have the foreclosure on hold, they would not have worked to set a sale date until after a denial, but more importantly, they still have to wait until after my appeal period is up or if I accept other options that I may have been approved for ( I dont know as we still dont have the denial letter from Shellpoint ). So my options were taken away from me when the time I should still have to make those decisions was stolen from me due to Shellpoint failing to do their job properly, and now failing to correct their mistakes.

Shellpoints actions have to have consequences as the law firm I have helping me has said they have seen Shellpoint do this before. Its important that the CFPB digs into this and you will see it is clear as day that they have dramatically overstepped and need to cancel the sale date immediately while I prepare to appeal the denial as I should have been approved for a trial modification plan. That is a whole other issue that I will address if it comes to it on a separate complaint I will file if they dont get this all corrected.

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