Consumer complaint received 2024-11-06 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: Shellpoint Partners, LLC
State: MD

Complaint narrative:
I am the Personal Representative of the Estate of my late father, XXXX XXXX XXXX XXXX, who passed away in XX/XX/XXXX. My mother, XXXX XXXX XXXX, and I inherited his property at XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX MD XXXX, and we are designated as successors in interest. Despite fulfilling all legal requirements to assume the mortgage, both *XXXX XXXX XXXX and **Shellpoint Mortgage XXXX have engaged in actions that have hindered our ability to protect this property. 

In XX/XX/XXXX, XXXX XXXX XXXX approved me for a loan modification trial plan, under which I made all required payments from XXXX to XX/XX/XXXX. However, without providing me proper notice, in violation of the **Truth in Lending Act ( TILA ) ** and the **Real Estate Settlement Procedures Act ( RESPA ) **, XXXX XXXX XXXXXXXX XXXX XXXX loan to **Shellpoint Mortgage Servicing**. Following the transfer, XXXX XXXX XXXXXXXX falsely claimed that no payments had been made since XX/XX/XXXX, even though they had accepted all of my trial modification payments. Based on this misinformation, Shellpoint issued a **Notice of Intent to Foreclose** in XX/XX/XXXX, alleging non-payment. 

Furthermore, **Shellpoint has refused to acknowledge my status as a successor in interest**, despite receiving the necessary documentation multiple times. They also denied my attempts to make further payments, stating that they could not accept payments until the loan transfer was fully completed. Although Shellpoint had indicated that they would halt collection activities pending an investigation, they sent agents to my property and issued foreclosure threats through their legal counsel. 

I believe that racial bias may have played a role in the difficulties I have encountered in this process. Historically, minority homeowners, particularly African-Americans, have faced significant challenges in exercising their rights as successors in interest. Data shows that African-American borrowers often experience higher rates of foreclosure and denials of loan modifications when compared to white borrowers. I suspect this discriminatory pattern is a factor in my case, as both companies have refused to honor my modification agreement and recognize my legal rights as a successor in interest.

Additionally, the fact that my home is valued at nearly three times the balance owed on the mortgage may be motivating the foreclosure efforts. Both companies appear to be acting with financial incentives in mind, attempting to take possession of my property despite my compliance with the terms of the loan modification. 

I am currently filing a **Motion to Stay Foreclosure** in the Circuit Court XXXX XXXX XXXX pending a full investigation. I request that the **CFPB** thoroughly investigate these actions, ensure that my rights as a successor in interest are respected, and halt the improper foreclosure proceedings.

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