Consumer complaint received 2024-11-10 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: NY

Complaint narrative:
wish to file a formal complaint against Shellpoint Mortgage Servicing for the infliction of physical damages against my property, violation of fiduciary duty and extreme duress due to their ongoing and intentional refusal to address my concerns despite multiple phone calls ( nearly daily ) and emails over the course of the last three weeks. 

Sometime this Spring, Shellpoint claims that they became the servicer of my mortgage loan originated with XXXX XXXX ( initially ) sometime in XXXX. To date, I have not received the required notification nor any documentation pertaining to capping the loan based on my bi-monthly payment history and advanced payoff time frame NOR any actuarial tables which outlines my historical payments for the purpose of insuring that the loan amount claimed by Shellpoint is based on actual facts and documentation. 

Further, and despite ongoing calls and communications with Shellpoint during the Summer of XXXX, Shellpoint did not notify me that they had begun to inspect the property and engage in work on the property as they deemed the property to be abandoned. Agents of Shellpoint, in performing work authorized by Shellpoint completely destroyed all exterior doors, ripped open the basement hatch, changed the locks, sawed out the exterior door hinges and further made the home unlivable by dumping a truckload of garbage onto the property, allowing mold to grow in the house and removing doors which offer a secondary protection against intruders. 

I was in the process of evicting a tenant and these actions are incredibly problematic, dangerous and have subjected me to potential and unlimited liability as they represent an illegal eviction which can challenge any action I have to reclaim the property. Further, Shellpoints actions represent an attempt to endrun any forclosure proceedings and due process through weaponization of NYS abandoned property laws. All they need to do is not tell me and simply do a little bit of work and within 90 days they have the right to take over the property. 

The only reason I became aware of this incredible violation of my fiduciary, due process and property rights is because I encountered the Shellpoint agents on the day of the eviction - XX/XX/XXXX - when I met with two Sherrif deputies who were there to deliver the eviction notice. The Shellpoint agents informed be that they were contractors of XXXX XXXX - agent of Shellpoint - and had no idea that someone lived at the house despite an eviction notice being posted on the door next to the two stickers with unconnected and unworkable phone numbers of XXXX XXXX. 

The following morning I arrived back on the property to observe that there had been a violent break in with the door kicked open. The NYS Trooper attempted to contact the employer of the individuals who stated they worked for Shellpoint and who I encountered the day before without success as they did not pick up the phone nor have sufficient room in their voicemail for a message to be left. 

I attempted to find someone at Shellpoint to contact the Trooper assigned to the case without any success. An individual with XXXX XXXX did ( after five days ) contact me with her information- but took an additional five days to get back to the NYS Trooper. Neither Shellpoint nor XXXX XXXX have contacted me with regards to payment of my claims for damages. I am in the process of repairing the home without ANY support from Shellpoint - despite being on a forbearance program during COVID, XXXX, and a woman over the age of XXXX. 

Shellpoint has delibertly destroyed my home, failed to notify me of any concerns or work done on the house. This was intentional and designed to place me in extreme financial difficulty for the sole purpose of obtaining the property without legal expense. 

Damages are excessive an ongoing. Shellpoint has destroyed my home and has offered no compensation to begin the repair process. They have however, consistently mislead and ignored my requests for accurate and truthful information.

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