Consumer complaint received 2025-01-07 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: Shellpoint Partners, LLC
State: NY

Complaint narrative:
Dear Shellpoint Mortgage Servicing : I, XXXXXXXX XXXX XXXX XXXXXXXX ( the Borrower ), write in response to your correspondence dated XX/XX/XXXX ( XXXX Tracking No. XXXX ), wherein you allege that XXXX XXXX. XXXX is in default. This letter serves as a formal dispute and request for correction of records under the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2601 et seq., and all applicable federal and state laws.

Moreover, please be advised that I intend to file a complaint with the Consumer Financial Protection Bureau ( CFPB ) based on Shellpoint Mortgage Servicings ( hereinafter Shellpoint or You ) predatory lending conduct, misapplication of payments, and failure to provide correct and timely information regarding this loan. 

XXXX. Background XX/XX/XXXX : Borrower contacted the following Shellpoint representatives to dispute and clarify the loan balance, interest rate, and any alleged default, including but not limited to : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) responded via email with the following information : Due date : XX/XX/XXXX Monthly payment : {$3900.00} Principal payment : {$460000.00} Escrow balance : {$6300.00} There is {$4900.00} in unapplied funds that can be used toward the XXXX monthly payment. 
Notably, XXXX XXXX communication did not state that the loan is in default or that any default interest rate was being applied. This omission directly contradicts Shellpoints earlier correspondence indicating an alleged default. 

XXXX. Dispute of Alleged Default and Demands In light of Shellpoints conflicting positions and the inaccurate portrayal of Borrowers payment history, I demand the following : Explanation of Principal Loan Balance Discrepancy Why is the principal loan balance as stated by XXXX XXXX ( {$460000.00} ) different from what was mailed to me in XXXX XXXX? 
Identify all adjustments, credits, or debits applied to the account from XX/XX/XXXX, to the present date, including any alleged default-related charges. 
Identification of Default Interest Rate Application Who within Shellpoints system applied default interest rates, if any?

Provide the specific dates on which any default interest rate was applied or removed.

Application of Suspense/Unapplied Funds Please immediately apply the existing {$4900.00} of unapplied funds to the XXXX XXXX monthly payment. 
Apply any remaining unapplied funds to reduce the principal loan balance. 
Confirmation of Account XXXX for XX/XX/XXXX Please confirm in writing that the XXXX XXXX monthly payment will be credited and that no additional funds will be due for XX/XX/XXXX. 
Provide a clear statement verifying that the loan is current and in good standing, and clarify whether or not Shellpoint considers this loan to be in default or subject to default interest. 
XXXX. Reservation of Rights By sending this letter, the Borrower expressly reserves all rights, remedies, claims, and defenses under applicable law, including but not limited to those arising under RESPA, the Fair Debt Collection Practices Act ( FDCPA ) ( to the extent applicable ), and other federal and state consumer protection statutes. Nothing contained herein or omitted herefrom shall be construed as a waiver of any legal or equitable rights. 

In addition, kindly cease any collection attempts that are not in strict compliance with applicable law, and do not report any negative or inaccurate information to credit agencies related to this alleged default unless and until all disputes have been resolved in good faith.

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