{"took":283,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":6,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"4296022","_score":17.526262,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"ThIS IS MY LAST NOTICE TO THE XXXX DEPARTMENT OF EDUCATION and will serve as a final formal notice that I XXXX ; XXXX, XXXX, Trustee, Authorized Representative of XXXX XXXX XXXX XXXX intends to commence a lawsuit against you due to the following due to the utter lack of response and fraud you continue to commit falsely reporting to EQUIFAX and XXXX  from your firm. \n\nYour firm has failed to remove the accounts that have been discharged and still falsely report to EQUIFAX and TRANSUNION that these accounts are delinquent and past due. You have been notified numerous times that your actions are detrimental to me and that your firm has violated ( including but not limited to ) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. \n\nYour firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. \n\nFailed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed. \n\nCommunicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to : Equifax, XXXX. \n\nAs a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your firm 's intentional infliction of emotional distress, mental anguish and at the other diminishes of the quality of my life. \n\nI have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence.\n\nThe Doctrine of Estoppel applies to any situation where the first party THE US DEPARTMENT OF EDUCATION makes a statement or engages in some conduct upon which the second party ( me ) relies or acts. The first party THE US DEPARTMENT OF EDUCATION is subsequently prevented ( estopped ) from acting in a manner contrary to their first words or actions. As one American legal encyclopedia describes it, estoppel means \" one who by his deed or conduct has induced another to act in a particular manner will not be permitted to adopt an inconsistent position, attitude or course of conduct and thereby cause loss or injury to such other ''. \n\nI duly state, THE US DEPARTMENT OF EDUCATIONs refusal to stay in honor has caused immense damage to my reputation and credit history, will cost me thousands of extra dollars in sub-prime interest rates if I should choose to apply for credit in the future or might prevent me from acquiring credit in the future.\n\nBeyond the issue of the Doctrine of Estoppel, the Fair Debt Collections Practices Act prohibits THE US DEPARTMENT OF EDUCATION from making any false or misleading statements to collect payment. I realize that THE US DEPARTMENT OF EDUCATIONs employees may be inexperienced or unfamiliar with the law. However, regardless of how uninformed they might be, THE US DEPARTMENT OF EDUCATION 's employees are its representatives, and their words and actions are binding on the part of THE US DEPARTMENT OF EDUCATION.\n\nThis is a serious matter.\n\nTHE US DEPARTMENT OF EDUCATION must fulfill the duties required by Law within fifteen ( 15 ) days of its receipt of this notice by completely and permanently removing all negative information added to my credit history in connection with this account. If THE US DEPARTMENT OF EDUCATION does not affect cure on this matter within fifteen ( 15 ) days of its receipt of this notice, I will be forced to pursue legal remedy.\n\nIf you are unfamiliar with the Doctrine of Estoppel and the Fair Debt Collections Practices Act or the legal remedies afforded to those who are negatively impacted by another party 's violation of the Doctrine of Estoppel and the Fair Debt Collections Practices Act, you should refer this notice to a competent member of your legal staff, as this is a matter that you are not equipped to handle. \n\nUnder the Fair Credit Reporting Act, if they can not verify the debt within 30 days, then it must be removed. Your letters to me claim to have \" verified '' the debt, but this is in fact not true under law and simply not true under the maxims of Equity. Simply matching up numbers in the database is not sufficient verification. \n\nBe aware I do intend to sue your firm for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. \nYou may contact me in the timely manner via receipt of this complaint. An amicable resolution is still possible, but only if you act quickly. This matter can be settled simply by your agreement to remove the false information from my credit file. \n\nI require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been \" verified '' then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against your firm for violation of the Fair Credit Reporting Act and Defamation and the Fair Debt Collection Practices Act.","date_sent_to_company":"2021-04-13T13:18:52.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"XXXXX","tags":"Servicemember","has_narrative":true,"complaint_id":"4296022","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-04-13T13:18:46.000Z","state":"FL","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Beyond the issue of the Doctrine of Estoppel, the Fair <em>Debt</em> <em>Collections</em> Practices Act prohibits THE US DEPARTMENT OF EDUCATION from making any <em>false</em> or misleading <em>statements</em> to collect payment. I realize that THE US DEPARTMENT OF EDUCATIONs employees may be inexperienced or unfamiliar with the law."]},"sort":[17.526262,"4296022"]},{"_index":"complaint-public-v1","_id":"4296019","_score":17.499693,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"ThIS IS MY LAST NOTICE TO THE US DEPARTMENT OF EDUCATION and will serve as a final formal notice that I XXXX ; XXXX, XXXX, Trustee, Authorized Representative of XXXX XXXX XXXX XXXX intends to commence a lawsuit against you due to the following due to the utter lack of response and fraud you continue to commit falsely reporting to EQUIFAX and XXXX from your firm. \n\nYour firm has failed to remove the accounts that have been discharged and still falsely report to EQUIFAX and XXXX  that these accounts are delinquent and past due. You have been notified numerous times that your actions are detrimental to me and that your firm has violated ( including but not limited to ) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. \n\nYour firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. \n\nFailed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed. \n\nCommunicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to : Equifax, XXXX. \n\nAs a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your firm 's intentional infliction of emotional distress, mental anguish and at the other diminishes of the quality of my life. \n\nI have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence. \nThe Doctrine of Estoppel applies to any situation where the first party THE US DEPARTMENT OF EDUCATION makes a statement or engages in some conduct upon which the second party ( me ) relies or acts. The first party THE US DEPARTMENT OF EDUCATION is subsequently prevented ( estopped ) from acting in a manner contrary to their first words or actions. As one American legal encyclopedia describes it, estoppel means \" one who by his deed or conduct has induced another to act in a particular manner will not be permitted to adopt an inconsistent position, attitude or course of conduct and thereby cause loss or injury to such other ''. \n\nI duly state, THE US DEPARTMENT OF EDUCATIONs refusal to stay in honor has caused immense damage to my reputation and credit history, will cost me thousands of extra dollars in sub-prime interest rates if I should choose to apply for credit in the future or might prevent me from acquiring credit in the future. \n\nBeyond the issue of the XXXX XXXX XXXX, the Fair Debt Collections Practices Act prohibits THE XXXX DEPARTMENT OF EDUCATION from making any false or misleading statements to collect payment. I realize that THE US DEPARTMENT OF EDUCATIONs employees may be inexperienced or unfamiliar with the law. However, regardless of how uninformed they might be, THE US DEPARTMENT OF EDUCATION 's employees are its representatives, and their words and actions are binding on the part of THE US DEPARTMENT OF EDUCATION. \n\nThis is a serious matter. \n\nTHE US DEPARTMENT OF EDUCATION must fulfill the duties required by Law within fifteen ( 15 ) days of its receipt of this notice by completely and permanently removing all negative information added to my credit history in connection with this account. If THE US DEPARTMENT OF EDUCATION does not affect cure on this matter within fifteen ( 15 ) days of its receipt of this notice, I will be forced to pursue legal remedy.\n\nIf you are unfamiliar with the Doctrine of Estoppel and the Fair Debt Collections Practices Act or the legal remedies afforded to those who are negatively impacted by another party 's violation of the Doctrine of Estoppel and the Fair Debt Collections Practices Act, you should refer this notice to a competent member of your legal staff, as this is a matter that you are not equipped to handle. \n\nUnder the Fair Credit Reporting Act, if they can not verify the debt within 30 days, then it must be removed. Your letters to me claim to have \" verified '' the debt, but this is in fact not true under law and simply not true under the maxims of Equity. Simply matching up numbers in the database is not sufficient verification. \n\nBe aware I do intend to sue your firm for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. \nYou may contact me in the timely manner via receipt of this complaint. An amicable resolution is still possible, but only if you act quickly. This matter can be settled simply by your agreement to remove the false information from my credit file. \n\nI require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been \" verified '' then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against your firm for violation of the Fair Credit Reporting Act and Defamation and the Fair Debt Collection Practices Act.","date_sent_to_company":"2021-04-13T13:18:52.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"XXXXX","tags":"Servicemember","has_narrative":true,"complaint_id":"4296019","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-04-13T13:18:46.000Z","state":"FL","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Beyond the issue of the XXXX XXXX XXXX, the Fair <em>Debt</em> <em>Collections</em> Practices Act prohibits THE XXXX DEPARTMENT OF EDUCATION from making any <em>false</em> or misleading <em>statements</em> to collect payment. I realize that THE US DEPARTMENT OF EDUCATIONs employees may be inexperienced or unfamiliar with the law."]},"sort":[17.499693,"4296019"]},{"_index":"complaint-public-v1","_id":"3359832","_score":16.875805,"_source":{"product":"Debt collection","complaint_what_happened":"On or about XX/XX/XXXX this year I received a letter from Portfolio Recovery Associates, LLC demanding payment on a debt that is not mine. \n\nOn XX/XX/XXXX I informed Portfolio Recovery Associates that the debt was not mine and requested that they provide me with all of the documentation that made them believe that it is mine. \n\nOn XX/XX/XXXX I received the response from Portfolio Recovery Associates rejecting my dispute and insisting upon full payment. It included a copy of a letter from the original owner of the debt XXXX XXXX to the real debtor and a summary page with the past due amount. Incidentally, all of the bank correspondence to the debtor was sent to an address in Florida. \n\nAt this point I thought it best to hire an attorney. \n\nOn XX/XX/XXXX my attorney sent a letter to Portfolio Recovery Associates requesting further information. He specifically asked for a complete executed copy of any agreement between XXXX and myself. On XX/XX/XXXX Portfolio Recovery Associates again responded but did not send the information he specifically requested. All he received were more summary credit card statements. \n\nThe reason that Portfolio Recovery Associates can not provide any proof that it is my debt - is because it simply does not exist. And yet, on XX/XX/XXXX and again on XX/XX/2019 Portfolio Recovery Associates informed the credit reporting company XXXX   that this account was in collection under my name. \n\nThe facts are : 1 ) all correspondence from XXXX to the real debtor were sent to XXXX XXXX, XXXX XXXX XXXX CT XXXX, FL XXXX. I have never lived in or even visited Florida. Tax and real estate records will prove this. XXXX own dispute report # XXXX dated XX/XX/2019 validates this. \n\n2 ) I have a history of paying the balance on my credit cards every month and have done so for at least 20 years. I do not let credit card debt accumulate nor do I make late payments. A simple review of our credit history would have verified this. XXXX own dispute report # XXXX dated XX/XX/2019 validates this also. \n\nI believe that Portfolio Recovery Associates is in violation of The Fair Credit Reporting Act ( FCRA ) Section 623 by reporting this disputed account to credit reporting agencies after being informed ( multiple times ) that the information is inaccurate. In addition to what I told Portfolio Recovery Associates multiple times, they also have access to my credit history and dealings. Together they would cause a reasonable person to have substantial doubts about the the accuracy of their information. \n\nPortfolio Recovery Associates can not provide me with any substantive documentation regarding this account such as the original consumer contract that my attorney asked for three months ago. Once again, on XX/XX/2019 I demanded to see all verifiable proof ( an original Consumer Contract with my signature on it ) that they have on file for this account. \n\nSince Portfolio Recovery Associates falsely and maliciously informed XXXX that this debt is mine my credit score and rating have dropped substantially, damaging my reputation and impacting my ability to get future credit. This has caused me great pain and mental anguish. Because of this I have filed a complaint with the Texas Attorney Generals Office ( complaint number is XXXX ) and now with the FTCs Consumer Financial Protection Bureau. \n\nI am also now looking to retain a legal firm specializing in consumer protection matters. I will incur further cost to correct Portfolio Recovery Associates ' errors.","date_sent_to_company":"2019-08-31T13:19:38.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"78633","tags":null,"has_narrative":true,"complaint_id":"3359832","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2019-08-31T13:00:07.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Since Portfolio Recovery Associates <em>falsely</em> and maliciously informed XXXX that this <em>debt</em> is mine my credit score and rating have dropped substantially, damaging my reputation and impacting my ability to get future credit. This has caused me great <em>pain</em> and mental anguish. Because of this I have filed a <em>complaint</em> with the Texas Attorney Generals Office ( <em>complaint</em> number is XXXX ) and now with the FTCs Consumer Financial Protection Bureau."],"product":["<em>Debt</em> <em>collection</em>"],"issue":["Attempts to collect <em>debt</em> not owed"],"sub_product":["Credit card <em>debt</em>"],"sub_issue":["<em>Debt</em> is not yours"]},"sort":[16.875805,"3359832"]},{"_index":"complaint-public-v1","_id":"3360870","_score":16.149996,"_source":{"product":"Debt collection","complaint_what_happened":"On or about XX/XX/XXXX this year I received a letter from XXXX XXXX XXXX, XXXX demanding payment on a debt that is not mine. \n\nOn XX/XX/XXXX I informed XXXX XXXX XXXX that the debt was not mine and requested that they provide me with all of the documentation that made them believe that it is mine. \n\nOn XX/XX/XXXX I received the response from XXXX XXXX XXXX rejecting my dispute and insisting upon full payment. It included a copy of a letter from the original owner of the debt CapitalOne Bank to the real debtor and a summary page with the past due amount. Incidentally, all of the bank correspondence to the debtor was sent to an address in Florida. \n\nAt this point I thought it best to hire an attorney. \n\nOn XX/XX/XXXX my attorney sent a letter to XXXX XXXX XXXX requesting further information. He specifically asked for a complete executed copy of any agreement between CapitalOne and myself. On XX/XX/XXXX XXXX XXXX XXXX again responded but did not send the information he specifically requested. All he received were more summary credit card statements. \n\nThe reason that XXXX XXXX XXXX can not provide any proof that it is my debt - is because it simply does not exist. And yet, on XX/XX/XXXX and again on XX/XX/2019 XXXX XXXX XXXX informed the credit reporting company XXXX that this account was in collection under my name. \n\nThe facts are : 1 ) all correspondence from CapitalOne to the real debtor were sent to XXXX XXXX, XXXX XXXX XXXX CT XXXX, FL XXXX. I have never lived in or even visited Florida. Tax and real estate records will prove this. XXXX own dispute report # XXXX dated XX/XX/2019 validates this. \n\n2 ) I have a history of paying the balance on my credit cards every month and have done so for at least 20 years. I do not let credit card debt accumulate nor do I make late payments. A simple review of our credit history would have verified this. XXXX own dispute report # XXXX dated XX/XX/2019 validates this also. \n\nI believe that XXXX XXXX XXXX is in violation of The Fair Credit Reporting Act ( FCRA ) Section 623 by reporting this disputed account to credit reporting agencies after being informed ( multiple times ) that the information is inaccurate. In addition to what I told XXXX XXXX XXXX multiple times, they also have access to my credit history and dealings. Together they would cause a reasonable person to have substantial doubts about the the accuracy of their information. \n\nXXXX XXXX XXXX can not provide me with any substantive documentation regarding this account such as the original consumer contract that my attorney asked for three months ago. Once again, on XX/XX/2019 I demanded to see all verifiable proof ( an original Consumer Contract with my signature on it ) that they have on file for this account. \n\nSince XXXX XXXX XXXX falsely and maliciously informed XXXX  that this debt is mine my credit score and rating have dropped substantially, damaging my reputation and impacting my ability to get future credit. This has caused me great pain and mental anguish. Because of this I have filed a complaint with the Texas Attorney Generals Office ( complaint number is XXXX ) and now with the FTCs Consumer Financial Protection Bureau. \n\nI am also now looking to retain a legal firm specializing in consumer protection matters. I will incur further cost to correct XXXX XXXX XXXX ' errors.","date_sent_to_company":"2019-08-31T13:19:55.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"78633","tags":null,"has_narrative":true,"complaint_id":"3360870","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2019-08-31T13:19:53.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Since XXXX XXXX XXXX <em>falsely</em> and maliciously informed XXXX  that this <em>debt</em> is mine my credit score and rating have dropped substantially, damaging my reputation and impacting my ability to get future credit. This has caused me great <em>pain</em> and mental anguish. Because of this I have filed a <em>complaint</em> with the Texas Attorney Generals Office ( <em>complaint</em> number is XXXX ) and now with the FTCs Consumer Financial Protection Bureau."],"product":["<em>Debt</em> <em>collection</em>"],"issue":["Attempts to collect <em>debt</em> not owed"],"sub_product":["Credit card <em>debt</em>"],"sub_issue":["<em>Debt</em> is not yours"]},"sort":[16.149996,"3360870"]},{"_index":"complaint-public-v1","_id":"3181801","_score":7.357519,"_source":{"product":"Mortgage","complaint_what_happened":"On or about XX/XX/XXXX, I received XXXX XXXX on my right XXXX  to repair XXXX XXXX and XXXX. Shortly thereafter, on or ab out XX/XX/XXXX, I was admitted into the XXXX XXXX XXXX XXXX XXXX after experiencing XXXX related issues. I was placed in the intensive care unit for a number a days and thereafter, released from the hospital. Thereafter, on or about XX/XX/XXXX, I was wrongfully terminated from my place of employment that I held for approximately ten years. \n\nAfter experiencing three major life-changing experiences and being unemployed, I continued to make my mortgage payments via my personal savings. Thereafter, I requested assistance from then Washington Mutual, which was later purchased by JP Morgan Chase Bank and or Chase Home Financing all to no avail. I was instructed to continue making my mortgage payments and received absolutely no assistance from either bank! Thereafter, I learned that Chase Bank and or Chase Home financing signed a \" Servicer Participation Agreement for the Home Affordable Modification Program '' ( \" the HARP contract '' ) on XX/XX/XXXX with XXXX XXXX ( see-attached document labeled exhibit A ) on information and belief Chase Home Finance, LLC also signed a HAMP contract with XXXX   XXXX on XX/XX/XXXX. \n\nWith this newfound knowledge, I demand assistance from JP Morgan Chase Bank and or Chase Home Finance with negative results. Over 95 % of the time I attempted to contact Chase by telephone, I faced long periods of holding time and whenever I attempted to leave a message with their assigned representative, the service providers mailbox would inform me that it was \" full '' and can not accept any messages. In addition, Chase routinely gave false statements by stating that my documents were never received, but failed to specify what documents. \n\nChase Home Finance stated in a letter to Plaintiff, \" A review of our records indicates that Chase made numerous, unsuccessful contact attempts in order to try and facilitate a short sale. '' However, Plaintiff taped recordings tells a different story. The recordings shows Chase Home Finance had Plaintiffs correct telephone number, but intentionally and deliberately called the wrong number to prevent Plaintiff from receiving any assistance. \n\nTheir criminal practice carried on routinely and I submitted overwhelming documents and taped telephone conversations to prove that Chase Bank intentionally and deliberately failed to assist me. They continuously and repeatedly lied by alleging they did not receive any of the my documents TO AVOID PROVIDING THE ME WITH ANY RELIEF OR APPROVE A SHORT SALE BECAUSE SERVICING THE MORTGAGE WAS MORE LUCRATIVE TO THEM THAN PROVIDING ME WITH ANY RELIEF. \n\nJP Morgan Chase and/or Chase Home Finance are intentionally ignoring a grave fact that I sent the requested documents and they INTENTIONALLY LIED by stating that they never received my documents. As a direct result, I was forced into bankruptcy, my property went into foreclosure and my requests for assistance were denied for alleged insufficient documentation. Although, I have records to disprove their false statements and prove that the documents were sent to the defendants via certified mail RR, express mail, postal mail and facsimile ( Please see attached ). \n\nChase Home Finance also state in their letter to Plaintiff, \" Indications are that the property is fire damaged. '' Plaintiff vehemently disputed defendants false accusations and obtained a letter from the City of XXXX, New Jersey Fire Chief XXXX XXXX. In his letter ( See attached ) to Chief XXXX XXXX, Chief XXXX states that there have been no responses to the property in question during the periods I owned the property. In addition, Plaintiff took numerous photographs of the property, which clearly showed that there is absolutely no evidence of fire damage. \n\nContinuing with their misconduct, Chase called me at my home telephone number and left a message on the evening prior to the short-sale. At XXXX, XXXX XXXX ( phonetic ) of Chase Home Finance called from telephone No. XXXX and left a message on my voicemail stating that the short sale would be declined due to insufficient documentations that were never submitted. Plaintiff sent the documents via certified mail, express mail & facsimile. ( Please see attached receipts ) Beginning in the XXXX of XXXX, the federal government instituted several measures to try to stabilize the housing and credit markets and assist troubled homeowners. In XX/XX/XXXX, the Emergency Economic Stabilization Act of 2008 ( EESA ) was passed to promote stability and liquidity in the financial system. Among other things, EESA authorized the Secretary of the Treasury to establish the Troubled Asset Relief Program ( TARP ). TARP funds were used, in part, to promote various mortgage loan modification programs. \n\nThese programs were, The Making Home Affordable ( MHA ) Program, Home Affordable Modification Program ( HAMP ), \" The Home Price Decline Protection Incentives ( HPDP ) initiative, The Principal Reduction Alternative ( PRA ), The Home Affordable Unemployment Program ( UP ), The Home Affordable Foreclosure Alternatives Program ( HAFA ), The Second Lien Modification Program ( 2MP ), The FHA-HAMP Program, The Treasury/FHA Second-Lien Program ( FHA2LP ), The FHA Refinance for Borrowers with Negative Equity ( FHA Short Refinance ) Program, Housing Finance Agency Hardest Hit Fund ( HHF ) Despite the voluminous number of programs available, Chase Bank and or Chase Home Finance did not recommend nor offer any of the programs. Instead, they allowed me to go further into debt, foreclosure and then bankruptcy, while defendants continued profiting from servicing Plaintiffs mortgage and receiving credit from the United States Government. \n\nFurthermore, Chase Home Finance states, \" Chase did not receive the necessary documents in order to conduct a short sale review. '' Once again, Chase Home Finance intentionally and deliberately gave false statements in order to manipulate their requirements of the signed contract agreement with XXXX XXXX and other signed consent agreements with the United State government and the state of New Jersey. However, the facts will show that Chase Home Finance received their requested documents via express mail, certified mail and facsimile ( see attached documents ). \n\nChase Home Finance also state in their letter, \" Indications are that the property is fire damaged. '' Once again, this is a false statement. Attached hereto is a letter ( See attached document ) from the City of XXXX, New Jersey Fire Chief XXXX XXXX to Fire Official XXXX XXXX. In his letter to Chief XXXX XXXX, Chief XXXX states that there have been no responses to the property in question during the periods I owned the property. More importantly, I have taken numerous photographs of the property, which clearly shows that there is absolutely no evidence of fire damage. \n\nTo make it appear as though they made an effort to provide me with relief, Chase Home Finance called me at my home telephone number and left a message on the evening prior to the short-sale. At XXXX, XXXX XXXX ( phonetic ) of Chase Home Finance called me from telephone No. XXXX left a message on my voicemail stating that the short sale would be declined due to insufficient documentations that were never submitted. However, Mrs. XXXX statement that documents were never submitted is contradicted by my attached documents that prove otherwise. \n\nOn or about XX/XX/XXXX, the City of XXXX, New Jersey adopted a vacant property registration ordinance in which they began charging fees to register vacant homes ( See attached ). Unbeknownst to me, I paid the City of XXXX {$500.00} for the first initial registration fee, and {$1500.00} for the second registration fee. ( See attached documents ). \n\nOn or about XX/XX/XXXX, I responded to City of XXXX, NJ, spoke with Mrs. XXXX XXXX XXXX, and advised her that I could no longer afford to make the vacant property registration payments. Mrs. XXXX advised me to submit my statements in a letter addressed to her and as she requested, the letter was sent to her via priority mail. On or about XX/XX/XXXX, I received an email from a City of XXXX, New Jersey official, XXXX XXXX from the Department of Economic Housing Development Department. Mr. XXXX wrote to enquire about my payment of the vacant property registration fee. ( See attached ) I responded to Mr. XXXX email ( See attached ) and advised Mr. XXXX of the following : Attached hereto is a copy of the letter I sent to your office via priority mail # XXXX dated XX/XX/XXXX. It is in response to a letter from your office dated XX/XX/XXXX. Thereafter, I receive a telephone call from your office stating that Chase Bank is responsible for making the vacant property payments and that I would be receiving a refund. Since then, I have NOT received a refund or call from your office in regards to my refund, except your email in regards to XXXX XXXX XXXX XXXX on or about XX/XX/XXXX. \n\nI am XXXX and CAN NOT afford to make the payments, in addition, Chase Bank REFUSES to liquidate the property and they have refused to make the REQUIRED vacant property payments and somehow, your office is deciding to go after the XXXX person with NO FUNDS and Chase Bank has BILLIONS of dollars and refuses to pay! \n\nPlease help/assist me in resolving this matter because I can not afford these payments. In addition, I am anticipating a refund from your office, not a notice to payment with penalties. \n\n\nCoincidently, Chase Bank released their lien to the property ( XXXX XXXX XXXX XXXX XXXX, NJ ) on or about XX/XX/XXXX, in order to avoid paying the City of XXXX, New Jersey the vacant Property registration fee. Unfortunately, I was not given notice from Chase Bank until AFTER XX/XX/XXXX. \n\nChase Bank is fully aware they are responsible for making the vacant property registration payment with the City of XXXX, New Jersey, however they intentionally failed to do so. I received numerous tickets on the property and made numerous court appearances because Chase Bank refused to maintain the property. \n\nI filed a complaint with the Consumer Financial Protection Bureau, more succinctly on or about XX/XX/XXXX. ( See attached ) Chase Bank responded with THREE separate letters addressed to me, admitting they owed XXXX XXXX {$2000.00}. We previously agreed to reimburse you {$2000.00} for certain fees based on the receipts you submitted in XX/XX/XXXX. WE WERE RESPONSIBLE FOR ALL REGISTRATION PERIODS UNTIL THE LIEN WAS RELEASED. \n\nChase Bank requested that I sign a release agreement that did not include any reimbursement for my cost of cleaning up the debris, reimbursement for paid back taxes, reimbursement for travel & cost for several court appearances because Chase Bank refuse to maintain the property or have it secured, nor did the document have a date in which I would be paid for my cost, so I refused because Chase Bank was not negotiating in good faith. \n\nOn or about XX/XX/XXXX, I filed a Complaint, alleging various violations of New Jersey 's Consumer Fraud Act ( CFA ), which protects consumers from deceptive, false, or fraudulent business practices because Chase Bank refused to pay. The Complaint alleges that Defendants falsely, erroneously and deceptively, denied Plaintiff any relief with respect to his mortgage loan with the defendants. ( See attached ) Chase Bank responded by lying to the court and denying owing me any monies. ( See attached brief by Chase Bank outside attorneys ) Chase Bank denied owing me the money for the vacant property registration fees and they denied having a responsibility to provide me with any relief with my property DESPITE SIGNING CONSENT AGREEMENTS WITH THE FEDERAL AND STATE GOVERNMENTS STATING THAT THEY WOULD PROVIDE HOMEOWNERS LIKE MYSELF RELIEF! INSTEAD, CHASE BANK CHOSE TO INTENTIONALLY, WILLFULLY & KNOWINGLY LIE IN A SUPERIOR COURT OF NEW JERSEY. \n\nFurthermore, there is no right to a loan modification under New Jersey Law and a servicer can not be compelled to accept a short sale. The crux of Plaintiffs Complaint appears to be loss mitigation. It is well accepted that \" there is no right to a loan modification under New Jersey law. '' Plaintiff also claims that Chase should be required to reimburse him for fees he paid to the City of XXXX for Vacant Property Registration and expenses paid to have the Property secured and debris removed. See Complaint, Prayer for Relief 6-7. However, Plaintiff entirely fails to present a cognizant basis as to why Chase should be responsible for these fees. \n\nFurthermore, there is no right to a loan modification under New Jersey Law and a servicer can not be compelled to accept a short sale. The crux of Plaintiffs Complaint appears to be loss mitigation. It is well-accepted that \" there is no right to a loan modification under New Jersey law. '' The Banks Unfair, Deceptive, and Unlawful Loan Modification and Loss Mitigation Processes Under the States consumer protection laws, Chase Bank is prohibited from engaging in unfair or deceptive practices with respect to consumers. \nPursuant to HUD regulations and FHA guidance, FHA-approved mortgage lenders and their servicers are required to engage in loss-mitigation efforts to avoid the foreclosure of HUD-insured mortgages. E.g., 24 C.F.R. 203.500 et seq. ; Mortgagee Letter 2008-07 ( Treble Damages for Failure to Engage in Loss Mitigation ) ( XXXX XXXX, XXXX ) ; Mortgagee Letter 1996-25 ( Existing Alternatives to Foreclosure -- Loss Mitigation ) ( XX/XX/XXXX ). Thus, when acting as a servicer, Chase Bank was required to refrain from foreclosing on any FHA insured mortgage where a default could be addressed by modifying the terms of the mortgage or other less-costly alternatives to foreclosure were available. \n\nUnder the Treasurys various rescue and stimulus programs, Chase Bank received monetary incentives from the Federal government in exchange for the commitment to make efforts to modify defaulting borrowers residential mortgages. See, e.g., Making Home Affordable Handbook v.1.0, ch. 13 ( Incentive Compensation ) ( XXXX XXXX, XXXX ). Under the programs, Chase Bank agreed to fulfill requirements set forth in program guidelines and servicer participation agreements. \n\nChase Bank regularly conducts or manages loan modifications on behalf of the entities that hold the loans and mortgages and that hired the Banks as servicers. In the course of their servicing and oversight of mortgage loans, Chase Bank violated federal laws, program requirements and contractual requirements governing loss mitigation. \n\n\nChase Bank attorneys statements in the briefs to the Superior Court of New Jersey Plaintiff also  claims that Chase should be required to reimburse him for fees he paid to the City of XXXX for Vacant Property Registration and expenses paid to have the Property secured and debris removed. See Complaint, Prayer for Relief 6-7. However, Plaintiff entirely fails to present a cognizant basis as to why Chase should be responsible for these fees. \n\nIn no event shall JPMC or XXXX request or require any borrower to execute a waiver of any claims against JPMC or XXXX ( including any agent of JPMC or XXXX ) in connection with any payment or Foreclosure Prevention assistance provided pursuant to paragraphs 3 or 4 of this Order. However, nothing herein shall operate to bar JPMC or XXXX from asserting in the future in any separate litigation, or as part of a settlement related to JPMCs or XXXX XXXX foreclosure and servicing practices, any right that may exist under applicable law to offset the amounts received by a borrower through the distribution process set forth above. Nothing herein shall operate to amend or modify in any respect any preexisting settlement between JPMC, XXXX, or an affiliate of either and a borrower in the In-Scope Borrower Population. By Order of the Board of Governors. \n\nLoss Mitigation Requirements. \n\nSERVICER SHALL BE REQUIRED TO NOTIFY POTENTIALLY ELIGIBLE BORROWERS OF CURRENTLY AVAILABLE LOSS MITIGATION OPTIONS PRIOR TO FORECLOSURE REFERRAL. Upon the timely receipt of a complete loan modification application, Servicer shall evaluate borrowers for all available loan modification options for which they are eligible prior to referring a borrower to foreclosure and shall facilitate the submission and review of loss mitigation applications. The foregoing notwithstanding, Servicer shall have no obligation to solicit borrowers who are in bankruptcy. \n\nServicer shall offer and facilitate loan modifications for borrowers rather than initiate foreclosure when such loan modifications for which they are eligible are net present value ( NPV ) positive and meet other investor, guarantor, insurer and program requirements. \n\nAs indicated in paragraph I.A.18, Servicer shall send a statement to the borrower outlining loss mitigation efforts undertaken with respect to the borrower prior to foreclosure referral. If no loss mitigation efforts were offered or undertaken, Servicer shall state whether it contacted or attempted to contact the borrower and, if applicable, why the borrower was ineligible for a loan modification or other loss mitigation options. \n\nServicer shall ensure timely and accurate communication of or access to relevant loss mitigation status and changes in status to its foreclosure attorneys, bankruptcy attorneys and foreclosure trustees and, where applicable, to court-mandated mediators. \n\nSingle Point of Contact 4. The SPOC SHALL, at a minimum, provide the following services to borrowers : a. Contact borrower and introduce himself/herself as the borrowers SPOC ; b. Explain programs for which the borrower is eligible ; c. Explain the requirements of the programs for which the borrower is eligible ; d. Explain program documentation requirements ; e. Provide basic information about the status of borrowers account, including pending loan modification applications, other loss mitigation alternatives, and foreclosure activity ; f. Notify borrower of missing documents and provide an address or electronic means for submission of documents by borrower in order to complete the loan modification application ; g. Communicate Servicers decision regarding loan modification applications and other loss mitigation alternatives to borrower in writing ; h. Assist the borrower in pursuing alternative non-foreclosure options upon denial of a loan modification ; i. If a loan modification is approved, call borrower to explain the program ; j. Provide information regarding credit counseling where necessary ; k. Help to clear for borrower any internal processing requirements ; and l. Have access to individuals with the ability to stop foreclosure proceedings when necessary to comply with the MHA Program or this Agreement. \nThe SPOC shall remain assigned to borrowers account and available to borrower until such time as Servicer determines in good faith that all loss mitigation options have been exhausted, borrowers account becomes current or, in the case of a borrower in bankruptcy, the borrower has exhausted all loss mitigation options for which the borrower is potentially eligible and has applied. \n\nServicer shall ensure that a SPOC can refer and transfer a borrower to an appropriate supervisor upon request of the borrower. \nServicer shall ensure that relevant records relating to borrowers account are promptly available to the borrowers SPOC, so that the SPOC can timely, adequately and accurately inform the borrower of the current status of loss mitigation, loan modification, and foreclosure activities. \nServicer shall designate one or more management level employees to be the primary contact for the Attorneys General, state financial regulators, the Executive Office of U.S. Trustee, each regional office of the U.S. Trustee, and federal regulators for communication regarding complaints and inquiries from individual borrowers who are in default and/or have applied for loan modifications. Servicer shall provide a written acknowledgment to all such inquiries within 10 business days. Servicer shall provide a substantive written response to all such inquiries within 30 days. Servicer shall provide relevant loan information to borrower and to Attorneys General, state financial regulators, federal regulators, the Executive Office of the U.S. Trustee, and each U.S. Trustee upon written request and if properly authorized. A written complaint filed by a borrower and forwarded by a state attorney general or financial regulatory agency to Servicer shall be deemed to have proper authorization. \nServicer shall establish and make available to Chapter XXXX trustees a toll-free number staffed by persons trained in bankruptcy to respond to inquiries from Chapter XXXX trustees. \nServicer shall consider partnering with third parties, including national chain retailers, and shall consider the use of select bank branches affiliated with Servicer, to set up programs to allow borrowers to copy, fax, scan, transmit by overnight delivery, or mail or email documents to Servicer free of charge. \n\nDevelopment of Loan Portals. \n\n1. Servicer shall develop or contract with a third-party vendor to develop an online portal linked to Servicers primary servicing system where borrowers can check, at no cost, the status of their first lien loan modifications. \n2. Servicer shall design portals that may, among other things : a. Enable borrowers to submit documents electronically ; b. Provide an electronic receipt for any documents submitted ; Provide information and eligibility factors for proprietary loan modification and other loss mitigation programs ; and c. Permit Servicer to communicate with borrowers to satisfy any written communications required to be provided by Servicer, if borrowers submit documents electronically. \n3. Servicer shall participate in the development and implementation of a neutral, nationwide loan portal system linked to Servicers primary servicing system, such as Hope LoanPort to enhance communications with housing counselors, including using the technology used for the Borrower Portal, and containing similar features to the Borrower Portal. \n4. Servicer shall update the status of each pending loan modification on these portals at least every 10 business days and ensure that each portal is updated on such a schedule as to maintain consistency. \n\nLoan Modification Timelines. \n\n1. Servicer shall provide written acknowledgement of the receipt of documentation submitted by the borrower in connection with a first lien loan modification application within 3 business days. In its initial acknowledgment, Servicer shall briefly describe the loan modification process and identify deadlines and expiration dates for submitted documents. \n2. Servicer shall notify borrower of any known deficiency in borrowers initial submission of information, no later than 5 business days after receipt, including any missing information or documentation required for the loan modification to be considered complete. \n3. Subject to section IV.B, Servicer shall afford borrower 30 days from the date of Servicers notification of any missing information or documentation to supplement borrowers submission of information prior to making a determination on whether or not to grant an initial loan modification. \n4. Servicer shall review the complete first lien loan modification application submitted by borrower and shall determine the disposition of borrowers trial or preliminary loan modification request no later than 30 days after receipt of the complete loan modification application, absent compelling circumstances beyond Servicers control. \n5. Servicer shall implement processes to ensure that second lien loan modification requests are evaluated on a timely basis. When a borrower qualifies for a second lien loan modification after a first lien loan modification in accordance with Section 2.c.i of the General Framework for Consumer Relief Provisions, the Servicer of the second lien loan shall ( absent compelling circumstances beyond Servicers control ) send loan modification documents to borrower no later than 45 days after the Servicer receives official notification of the successful completion of the related first lien loan modification and the essential terms. \n6. For all proprietary first lien loan modification programs, Servicer shall allow properly borrower financials to be used for 90 days from the date the documents are received, unless Servicer learns that there has been a material change in circumstances or unless investor requirements mandate a shorter time frame. \n\nIndependent Evaluation of First Lien Loan Modification Denials. \n\nExcept when evaluated as provided in paragraphs IV.B.8 or IV.B.9, Servicers initial denial of an eligible borrowers request for first lien loan modification following the submission of a complete loan modification application shall be subject to an independent evaluation. Such evaluation shall be performed by an independent entity or a different employee who has not been involved with the particular loan modification. \n\nServicer shall not, in the ordinary course, require a borrower to waive or release claims and defenses as a condition of approval for a loan modification program or other loss mitigation relief. However, nothing herein shall preclude Servicer from requiring a waiver or release of claims and defenses with respect to a loan modification offered in connection with the resolution of a contested claim, when the borrower would not otherwise be qualified for the loan modification under existing Servicer programs. \n\nShort Sales 1. Servicer shall make publicly available information on general requirements for the short sale process. \n2. Servicer shall consider appropriate monetary incentives to underwater borrowers to facilitate short sale options. \n3. Servicer shall develop a cooperative short sale process, which allows the borrower the opportunity to engage with Servicer to pursue a short sale evaluation prior to putting home on the market. \n4. Servicer shall send written confirmation of the borrowers first request for a short sale to the borrower or his or her agent within 10 business days of receipt of the request and proper written authorization from the borrower allowing Servicer to communicate with the borrowers agent. The confirmation shall include basic information about the short sale process and Servicers requirements, and will state clearly and conspicuously that the Servicer may demand a deficiency payment if such deficiency claim is permitted by applicable law. \n\n5. Servicer shall send borrower at borrowers address of record or to borrowers agent timely written notice of any missing required documents for consideration of short sale within 30 days of receiving borrowers request for a short sale. \n6. Servicer shall review the short sale request submitted by borrower and communicate the disposition of borrowers request no later than 30 days after receipt of all required information and third-party consents. \n7. If the short sale request is accepted, Servicer shall contemporaneously notify the borrower whether Servicer or investor will demand a deficiency payment or related cash contribution and the approximate amount of that deficiency, if such deficiency obligation is permitted by applicable law. If the short sale request is denied, Servicer shall provide reasons for the denial in the written notice. If Servicer waives a deficiency claim, it shall not sell or transfer such claim to a third-party debt collector or debt buyer for collection. \n\nServicer shall develop and implement policies and procedures to ensure that REO properties do not become blighted. \n\nE. Potential Violations and Right to Cure 1. A Potential Violation of this Consent Judgment occurs if the Servicer has exceeded the Threshold Error Rate set for a Metric in a given Quarter. In the event of a Potential Violation, Servicer shall meet and confer with the Monitoring Committee within 15 days of the Quarterly Report or Monitor Report indicating such Potential Violation. \n2. Servicer shall have a right to cure any Potential Violation. \n3. Subject to Section E.4, a Potential Violation is cured if ( a ) a corrective action plan approved by the Monitor ( the Corrective Action Plan ) is determined by the Monitor to have been satisfactorily completed in accordance with the terms thereof ; and ( b ) a Quarterly Report covering the Cure Period reflects that the Threshold Error Rate has not been exceeded with respect to the same Metric and the Monitor confirms the accuracy of said report using his or her ordinary testing procedures. The Cure Period shall be the first full quarter after completion of the Corrective Action Plan or, if the completion of the Corrective Action Plan occurs within the first month of a Quarter and if the Monitor determines that there is sufficient time remaining, the period between completion of the Corrective Action Plan and the end of that Quarter. \n4. If after Servicer cures a Potential Violation pursuant to the previous section, another violation occurs with respect to the same Metric, then the second Potential Violation shall immediately constitute an uncured violation for purposes of Section J.3, provided, however, that such second Potential Violation occurs in either the Cure Period or the quarter immediately following the Cure Period. \n\n5. In addition to the Servicers obligation to cure a Potential Violation through the Corrective Action Plan, Servicer must remediate any material harm to particular borrowers identified through work conducted under the Work Plan. In the event that a Servicer has a Potential Violation that so far exceeds the Threshold Error Rate for a metric that the Monitor concludes that the error is widespread, Servicer shall, under the supervision of the Monitor, identify other borrowers who may have been harmed by such noncompliance and remediate all such harms to the extent that the harm has not been otherwise remediated. \n\nIn conclusion, Chase Bank and or Chase Home Finance has breached their contract with me, violated the terms of their various signed consent decrees with the United States and state governments and intentionally drove me into foreclosure and bankruptcy because it was more lucrative for me to fail than to provide me with any relief. \n\nJP Morgan Chase Bank sent me THREE SEPARATE letters admitting that they owe me the money for the vacant property registration and refuse to reimburse me for the back taxes, clean up & multiple court appearances. Thereafter, they hired outside attorneys to lie for them in the Superior Court of New Jersey and state that they do not owe me any money for vacant property fees and they do not have to reimburse me for any of my cost and expense. JP Morgan Chase Bank auctions are criminal! \n\nI believe I have provided overwhelming documents that proves ; Chase Bank received ALL of my requested documents and they intentionally lied and ignored my repeated request for assistance because they knew they were going to be compensated by servicing the loan AND receiving credits from the federal government. \n\nI am requesting full reimbursement and to be made whole for the following reason : 1. Full reimbursement for vacant property fees 2. Full reimbursement for paid taxes/back taxes 3. Full reimbursement for court appearances and parking 4. Pain & Suffering 5 Intentional infliction of emotional distress 6. Negligent infliction of emotional distress 7. Committing malice in their wrongful conduct 8. Breach of Contract 9. Lost of Property","date_sent_to_company":"2019-03-16T16:29:15.000Z","issue":"Struggling to pay mortgage","sub_product":"FHA mortgage","zip_code":"07103","tags":null,"has_narrative":true,"complaint_id":"3181801","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2019-03-16T15:08:47.000Z","state":"NJ","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["On or <em>about</em> XX/XX/XXXX, I filed a <em>Complaint</em>, alleging various violations of New Jersey 's Consumer Fraud Act ( CFA ), which protects consumers from deceptive, <em>false</em>, or fraudulent business practices because Chase Bank refused to pay."]},"sort":[7.357519,"3181801"]},{"_index":"complaint-public-v1","_id":"16983019","_score":6.832137,"_source":{"product":"Mortgage","complaint_what_happened":"b\"Summary\\n\\nShellpoint / XXXX  have created a pattern of payment re-aging, unapplied funds, and fabricated fees on my post-discharge mortgage account.  Agents repeatedly invoked bankruptcy disclaimersThis is not an attempt to collect a debt due to your discharged bankruptcywhile simultaneously quoting balances and demanding payment.  One agent stated, Thats why I think Im a little confused, admitting they could not reconcile my payments inside their own system.  These actions violate RESPA (Reg X), TILA (Reg Z), FDCPA, and 11 U.S.C.  524(i).XXXX XXXX XXXX XXXX payment held unappliedXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.  Only XXXX XXXX was credited; the remainder was re-aged to XXXX which was already paid.XXXX XXXX XXXX XXXX XXXX XXXX XXXX online after the portal falsely showed a balance due.  That payment disappearedXXXX XXXX XXXX XXXX XXXX XXXX to close out XXXX  Agent confirmed the loan was current.XXXX XXXX XXXX  Portal briefly displayed the XXXX XXXX  payment, then shifted to show XXXX XXXX due for XXXX  Later a representative told me, I think that went to XXXX, which is impossible.  This is deliberate payment re-aging.\\XXXX XXXX  Calls  Multiple representatives gave conflicting balances.  One said, Thats why I think Im a little confused, proving the account cannot be reconciled from their screens.  They then assessed XXXX XXXX8 in late fees and a XXXXXXXX  property-inspection fee.  When I asked for the inspection date or proof, none existed; the agent simply placed me on hold.\\nStatute\\nCitation\\nConduct\\nRESPA (Reg X)\\n12 C.F.R.  1024.17(k)(1)\\nFailed to credit payments as received; re-aged XXXX XXXX  payment to XXXX XXXXXXXXnCharged unverified property-inspection fees\\n XXXXIgnored error-resolution duties after admitting confusion\\n XXXXFailed to maintain one accurate transactional history\\nTILA (Reg Z)\\n12 C.F.R.  1026.36(c)(1)\\nDid not promptly apply payments\\nFDCPA\\n15 U.S.C.  1692e(2)(A)\\nMisrepresented amount / legal status of debt\\nBankruptcy Code\\n11 U.S.C.  524(i)\\nAltered post-discharge payment application and demanded sums inconsistent with discharge\\n\\nConsumer Harm\\n\\t\\tFalse delinquency of roughly XXXX XXXX despite full, timely paymentsXXXX XXXX XXXX payment induced by inaccurate portal display.\\n\\t\\tUnearned XXXX XXXX XXXXate fees and XXXX  property-inspection fee.\\n\\t\\tContinuous calls using bankruptcy disclaimers while still quoting balancesconfusing and unlawful post-discharge collection.\\n\\t\\tEmotional distress and risk of wrongful foreclosure.\\n\\n\\n\\nRequested Relief\\n\\t1.\\tFull reconciliation of all payments from XXXX XXXX forward.\\n\\t2.\\tWritten confirmation of correct principal balance and application of each payment.\\n\\t3.\\tRefund of duplicate payments, late fees, and the XXXX inspection fee with interest.\\n\\t4.\\tRemoval of any negative credit reporting.\\n\\t5.\\tDisclosure of internal ledger and proof of any claimed property inspection.\\n\\t6.\\tCertification of corrective action to prevent future payment re-aging.\\n\\n\\n\\nSupporting Evidence (to attach)\\n\\t\\tRecordings and transcripts XXXX XXXX XXXX XXXX XXXX calls).\\n\\t\\tPortal screenshots showing XXXX XXXX XXXX XXXX XXXX XXXX due.\\n\\t\\tBank confirmations for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX\\t\\tAny correspondence referencing payment application task completed.\\n\\n\\n\\nComplainant Statement\\n\\nShellpoint / XXXX  repeatedly misapplied verified payments, told me my funds went to XXXX, added property-inspection fees that never occurred, and invoked bankruptcy language while still demanding money.  One agent openly admitted, Thats why I think Im a little confused.  These actions violate RESPA, TILA, FDCPA, and 11 U.S.C.  524(i).  I request full CFPB and state enforcement review, restitution of all misapplied funds, and sanctions for systemic payment re-aging and fee fabrication.XXXX XXXX XXXX XXXXXXXXI'm sorry, we are unable to make an account match using the last four digits of the Social Security number you entered please try again please enter the last four digits of your Social Security number followed by the pound key We see the number you are calling from today is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Is this a good number to call using our automatic telephone dialing system for future calls to allow us to use this phone number press one if you would like to opt out press two. Thank you we will update this phone number on your loan. If you are a homeowner in an active or discharged bankruptcy, you may have received a periodic billing statement from us. Recently borrowers in an active or discharged bankruptcy previously did not receive statements unless requested the XXXX XXXX mortgage servicing rule requires mortgage services to send modified periodic statements to consumers who have filed for bankruptcy. These rules went into effect on XXXX XXXX XXXX XXXX  If you do not wish to receive periodic billing statements, you may request in writing that we see sending periodic statements. Our records indicate that you requested a payment application task on your loan. The task has been completed. No further action is needed from you at this time you can review the results by going to shell point mtg XXXX  and reviewing the change on your transaction history, please choose one of the following options to self service your loan to pay by phone using our your call is being transferred please hold thank you for calling Shell point mortgage servicing. Please be advised we are a debt collector. This is not an attempt to collect a debt due to your bankruptcy for training and quality purposes. Your call may be monitored or recorded your estimated wait time is less than two minutes. All of our agents are assisting other customers if you would like to hold your place in queue and have the system call you back press one otherwise please hold for the next available agent call may be returned between XXXX XXXX XXXX XXXX XXXX XXXX XXXX Thank you for calling XXXX. My name is so nice of XXXX and what a recorded line. Who do you have a pleasure speaking with today? \\n\\nYou\\nHi, my name is XXXX XXXX \\n\\nParticipant\\nThank you, XXXX be for verification purposes. Can you please verify the mailing address along with the last four of the Social Security number and account? XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TN XXXX XXXX XXXX XXXXnParticipant\\nThank you and I see the loan you are calling about your XXXX XXXX XXXX We thank you and your family for your sacrifices and service of our country and our honor to help us our customers and also I'll just get to inform you by breaking is a bad collector. This is not an attempt to collect a debt due to your district bankruptcy and XXXX XXXX Do we have your permission to contact you within the next seven days via call or text using \\n\\nYou\\nYes \\n\\nParticipant\\nour dial if it is needed is it your cell phone number ending in XXXX XXXXYou\\nYes \\n\\nParticipant\\nAnd do you want also to set this up the primary contact of yours? \\n\\nYou\\nYeah \\n\\nParticipant\\nOf a perfect and also XXXX XXXXI'll just need to inform you that your account is currently for a total of XXXX including the total liter see if XXXX and the other fee of XXXX and also if you have some free time, give me visit the web online to check the status of your account and you can set up there for ACH for the payment biweekly and send one please and how many help you for today? \\n\\nYou\\nOK, what is what is the XXXX for? \\n\\nParticipant\\nThat is for the other fees \\n\\nYou\\nWhat fees? \\n\\nParticipant\\nFor the property inspection if you are on 30 days \\n\\nYou\\nWhen was our property inspection? \\n\\nParticipant\\ndelinquent on your yes That property \\n\\nYou\\nWhen was the property inspection done? \\n\\nParticipant\\ninspection if you are on 30 days OK offer for this one let me go ahead and double check. OK go for the \\n\\nYou\\nOK, I'm going \\n\\nParticipant\\nproperty inspection. Let me go ahead and check. When did this property inspection was fine OK and then I'll be back off so would you mind if I put this on hold for about one to two minutes thank you kind to stay on the line. \\n\\nYou\\nOK, go ahead. Go ahead. XXXX XXXX XXXX XXXXSing your loan press one to talk to a loan officer about refinancing your please select one of the following options to be connected to your loan servicer for new rest press two for XXXX  thank you for calling Shell point mortgage servicing, but I couldn't be XXXX XXXX Please enter the last four digits of your Social Security number, followed by the pound key We see the number you are calling from today is XXXX XXXX XXXX XXXX XXXX XXXX XXXX Is this a good number to call using our automatic telephone dialing system for future calls to allow us to use this phone number press one if you would like to opt out press two, thank you, we will update this phone number on your loan. If you are a homeowner in an active or discharged bankruptcy, you may have received a periodic billing statement from us recently borrowers in an active or discharged bankruptcy previously did not receive statements unless requested the XXXX XXXX mortgage servicing rule requires mortgage services to send modified periodic statements to consumers who have filed for bankruptcy. These rules went to effect on XXXX XXXX XXXX XXXX If you do not wish to receive periodic billing statements, you may request in writing that we see sending periodic statements. Our records indicate that you requested a payment application task on your loan. The task has been completed. No further action is needed from you at this time you can review the results by going to shell point mtg XXXX and reviewing the change on your transaction history, please choose one of the following options to self service your loan to pay by phone using our free automated phone system press one for Shell point mortgage servicing contact information press two. For general loan information press, three for escrow your call is being transferred. Please hold thank you for calling Shell point mortgage servicing. Please be advised. We are a debt collector. This is not an attempt to collect a debt due to your bankruptcy for training and quality purposes your call may be monitored or recorded your estimated wait. Thank you for contacting XXXX mortgage servicing. My name is XXXX XXXX on a recorded line with whom do I have a pleasure of speaking? \\n\\nYou\\nYes, my name is XXXX XXXX XXXXParticipant\\nXXXX XXXX, how are you today? \\n\\nYou\\nHow are you doing? \\n\\nParticipant\\nI'm doing well, sir thank you so much for asking the pain before we speak in detail as to why you're calling. Could I please have you provide your mailing address and the last four of your social please? \\XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXParticipant\\nAll right, I want to thank you XXXX XXXX XXXX for verifying that information, sir before we speak in detail please allow me a moment to offer you to say thank you to you and your family for your sacrifice and service of our country. We are honored to have you as a \\n\\nYou\\nThanks \\n\\nParticipant\\ncustomer. I also have informed you, sir, that we will get servicing is a debt collector. This is not an attempt to collect a debt due to the status of your bankruptcy discharge XXXX XXXX if we have to contact you in the next seven days with your updated information, do we have your permission to call? And this permission include automated text messages and automated calls as well \\n\\nYou\\nSure Right \\n\\nParticipant\\nOK, so I do see where your account is eligible to schedule out up to three post payments and all the account also shows that you last called in last week XXXX XXXX XXXX XXXXWhat are you talking about schedule out? \\n\\nParticipant\\nJust like you would write a post check you can write on that check a date just like you would write a \\n\\nYou\\nWhat do you mean oh no no no no no no no \\n\\nParticipant\\npostage \\n\\nYou\\nno no I'm about. I'm supposed to get a check for around three XXXX XXXX XXXX XXXX XXXX she said to be like 7 to 10 days. I'm supposed to have a payment for XXXXXXXX XXXX XXXX XXXXpplied and that was made on XXXX XXXX so I'm just checking the status that. \\n\\nParticipant\\nOK, so what I am seeing on the account at this time looks like the most recent payment we received was on the XXXX XXXX  and that brought your \\n\\nYou\\nFor how much? \\n\\nParticipant\\npayment up Seeing That was XXXX XXXX XXXX \\n\\nYou\\nAnd that paid off XXXX correct? \\n\\nParticipant\\nThat oh yes, sir, that was enough to cover the month of XXXX  that is correct and now the account has been up \\n\\nYou\\nOK, so there was another payment on there. There's another payment that came in on the XXXX XXXX where is that one? \\n\\nParticipant\\nI don't see that payment has been received posted to the account as of yet and I do see on the XXXX you made a payment over the Internet \\n\\nYou\\nRight right for a whole month XXXX towards that payment \\n\\nParticipant\\nThat payment was applied to the month of XXXX XXXXNo, we already paid XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXnParticipant\\nIt shows on the XXXX that you made a payment for XXXX and that was the full amount due which was applied to the amount \\n\\nYou\\nYou're saying we made a pic so let me \\n\\nParticipant\\nYeah, that took \\n\\nYou\\nunderstand something there's XXXX who is sitting in XXXX unapplied we made a payment for XXXX XXXX XXXX XXXX  OK so now that if we take XXXX XXXX of that and put it in of XXXX  that pays off XXXX  so then what are you doing with taxes you put that in XXXX right so then I call in XXXX and I gave her the XXXX  because she says that's how much I owe and if she stated on the XXXX  we're paid off however, now you have an extra payment where is that payment at? \\n\\nParticipant\\nSorry, I don't show that the payment on the XXXX  Let me see says on the XXXX XXXX XXXX XXXX XXXX you added a payment of XXXX XXXX XXXX XXXX XXXX and that was the amount that was posted To XXXX So you paid for XXXX XXXX XXXX XXXX then on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX how much money do we pay total? \\n\\nParticipanXXXX XXXX XXXX XXXX XXXX XXXX XXXX  you're referring to that was on XXXX XXXX XXXXYou\\nThat's right that sitting in XXXX right and then there's a problem here because you see the payment on XXXX XXXX XXXX XXXX all right so that payment was made on XXXX XXXX actually on our payment history it's on our bank account those payments you drafted out but the prom now is you're only telling me XXXX XXXX  but in fact we paid off XXXX we paid off XXXX and then you got an extra payment so I need to know where that payment is \\n\\nParticipant\\nThat's what we're a little bit confused when we receive a payment on XXXX XXXX you have credit on the account of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX yesterday we spoke to somebody yesterday XXXX  we had XXXX on paid balance towards our account. We were told that that would be distributed for XXXX XXXX and you guys are going to dismiss a check back and for XXXX XXXX XXXX XXXX XXXX apparently you guys have been with holding unapplied balances which is against spot. And sending out foreclosure notices basically say you gotta pay by the XXXX  that you're three months behind but see the prime is you can't be behind if you're holding money so we just need our money we need you guys to put it on XXXX XXXX XXXX XXXX, and since our check like you agreed to \\n\\nParticipant\\nI'm not sure there's been a price on XXXX XXXX Looks like I'll \\n\\nYou\\nYeah, you guys yeah apparently \\n\\nParticipant\\ncontact and apply. \\n\\nYou\\nSorry \\n\\nParticipant\\nLooks like all parents have an applied \\n\\nYou\\nNo, they haven't. We have XXXX  an unplayed unapplied money. Going back three years see what you're doing as you keep putting us into arrears OK so that we are never ahead but the problem is we're already ahead This is taken care of Sunday a letter was sent to you guys XXXX XXXX we called that was taken care of. She stated got recording everything so I mean gotta have it done. She stated yes I see us XXXX here we're going to, but how do you want me to do this? I said pay XXXX XXXX and then send a check for XXXX XXXX So it was already made \\n\\nParticipant\\nOK, so if you sent a letter but it's being reviewed by our payment processing department but at this time I don't see an unpaid burn on applied balance of XXXX I'm not showing anything and \\n\\nYou\\nWell, they told me but yeah yeah I spoke to you guys yesterday \\n\\nParticipant\\nunapplied \\XXXX you told me you have XXXX unapplied and then you you told me you were gonna pay for XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \\n\\nParticipant\\nThat's not what I'm saying I am not saying there was an unapplied balance of XXXX yesterday. I'm sitting there wasn't an \\n\\nYou\\nBut there is there is a unified balance, but there is an \\n\\nParticipant\\nunapplied. \\n\\nYou\\nunified balance. No, it's it's more than no you have to go back three XXXX XXXX XXXX that was applied to your XXXX payment \\n\\nYou\\nyears. No you have to go back three years. OK what you're doing is taking the unapplied payments and putting them in another account you're moving them Do you understand you guys I've been sued for this stuff you guys have already been sued for this several \\n\\nParticipant\\nWhere would we move into? \\n\\nYou\\ntimes OK under arrest, but you can't do what you're doing \\n\\nParticipant\\nWell, sure if we don't have a full deal and we can't apply to have to sit on a bike at this point \\n\\nYou\\nWell, why don't you audit it so audit my account so audit my account \\n\\nParticipant\\nAs I advised as I advised already, sir, payment processing is reviewing your account because you sent an email but at this time I do not see that there's XXXX XXXX XXXX XXXX XXXXThen how come yesterday there \\n\\nParticipant\\nwas a high balance of three. I'm not sure I'm not that person, sir but looking at your account yesterday, there was not a balance of \\n\\nYou\\nwas \\n\\nParticipant\\nXXXX  when you're on a bike. \\n\\nYou\\nThere was yesterday I mean, I got recorded talking dispute that \\n\\nParticipant\\nOK sir so if you'd like, you can definitely go ahead and check on our website which will show that there was an \\n\\nYou\\nYeah, your website so that's the \\n\\nParticipant\\nunapplied. I'm sorry I \\n\\nYou\\nproblem. Yeah, it doesn't work. \\n\\nParticipant\\ninterrupted you. Go ahead. \\n\\nYou\\nYeah, the problem with you guys is you say one thing somebody else says something else your website says something else but none of us the truth. You're all contradicting each other. The website does not equal what you're saying you see the problem we're having. \\n\\nParticipant\\nNo sir, because the website shipping matching my payment history and my payment history does not show an \\n\\nYou\\nIt's not matching your payment history \\n\\nParticipant\\nunapplied for XXXX XXXXYou\\nWait, let me ask you this I called on the \\n\\nParticipant\\nyesterday XXXX. I spoke to one of your idiots. I said listen there's two XXXX. Excuse me there is \\n\\nParticipant\\nOK sir, I will not tolerate you being \\n\\nYou\\nXXXX sitting in \\n\\nParticipant\\ndisrespectful. I understand you are XXXX. No I'm not \\n\\nParticipant\\nfrustrated \\n\\nYou\\nfrustrated to listen to me. I'm your \\n\\nParticipant\\nOK \\n\\nYou\\ncustomer there was XXXX and unapplied payments in XXXX  OK we were told that we only owed XXXX XXXX  all right so then we call on the XXXX and then we speak to one of your individual individuals. He says yeah well what happened was you have XXXX on the site in XXXX? OK then he says my wife made a payment foXXXX XXXX XXXX XXXX then he says it that money went to XXXX XXXX XXXX XXXX XXXX XXXX XXXX but then all of a sudden he came back and said you need a calculator and I'm like I don't need a calculator because what happens is you take XXXX XXXX XXXX that complete XXXX and then you've got another XXXX left over whatever whatever it is and XXXX XXXX  So and then he tells us that oh well, you still owe XXXX XXXX XXXX XXXX so you see your math just does not add up. You guys tell one story and then you change it again. You see the problem \\n\\nParticipant\\nAnd we take that out for your XXXX XXXX XXXX XXXX So \\n\\nYou\\nI'm sorry so wait wait I'm sorry on \\n\\nParticipant\\nthen \\n\\nYou\\nXXXX XXXX XXXX XXXX XXXX XXXX  was made right \\n\\nParticipantXXXX XXXX yes and I went and applied which was the XXXX XXXX XXXX XXXXou\\nWhere is it? Where is that money at? \\n\\nParticipant\\nadvised it was the XXXX XXXXou\\nBut it was just unapplied, right \\n\\nParticipant\\nWhen trying to apply \\n\\nYou\\nRight OK so it was unapplied for XXXX My wife made a payment for XXXX XXXX XXXX XXXX XXXX  correct \\n\\nParticipant\\nYes, there was a payment for XXXX XXXX XXXX XXXX XXXXou\\nOK right Then XXXX XXXX went to XXXX right? \\n\\nParticipant\\nNo sir, 3 XXXX XXXX XXXX XXXX SXXXX \\n\\nYou\\nWhere's my XXXX  at? \\n\\nParticipant\\nThat was in the payment because you had made the payment of \\n\\nYou\\nNo wasn't you just told me you just told me that I had \\n\\nParticipanXXXX XXXX there that was \\n\\nParticipant\\nOK sir \\n\\nYou\\nunapplied but yet you just told me and my wife made a payment for XXXX XXXX  which went to 3XXXX XXXX XXXX XXXX so where's my XXXX  payment? The balance it wasn't applied \\n\\nParticipant\\XXXX XXXX XXXX XXXX XXXX XXXX  \\n\\nYou\\nRight \\n\\nParticipant\\n- XXXX because that's what your XXXX payment was was \\n\\nYou\\nHa ha, right \\n\\nParticipant\\nXXXX if you \\n\\nYou\\nHa ha, right \\n\\nParticipant\\XXXX XXXX XXXX\\nSo how much money? \\n\\nParticipant\\nSo then that left \\n\\nYou\\nRight in case no OK so how much money out of that XXXX with the \\n\\nParticipant\\nGo ahead \\n\\nYouXXXX  \\n\\nParticipant\\nI got XXXX  well we first had the XXXX in there so let's go ahead and go 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 \\n\\nYou\\nOK, did that pay it off? \\n\\nParticipant\\nThat paid for XXXX XXXXn\\nYou\\nOK, what about XXXX  then because we still have money left over right? \\n\\nParticipant\\nYou had XXXXXXXX left over a payment was made \\n\\nYou\\nOK \\n\\nParticipant\\nyesterday foXXXX XXXX XXXX which \\n\\nYou\\nHa ha \\n\\nParticipant\\ncompleted your XXXX payment \\n\\nYou\\nNo \\n\\nParticipant\\nleaving XXXX and the unapplied \\n\\nYou\\nI'm sorry when was the payment before that one yesterday? \\n\\nParticipant\\XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \\n\\nYou\\nNo, it wasn't. It was made on XXXX XXXX XXXX XXXX  You took it on my bank account \\n\\nParticipant\\nI'm showing a payment of seven XXXX XXXX XXXXYou\\nNo, you took out it's showing my bank account you took out XXXX XXXXor the month of XXXX See now we have a problem because your numbers don't match up so where is my XXXX you guys just took out my bank account then \\n\\nParticipant\\nI showed the XXXX XXXX and you advise that you already \\n\\nYou\\nNo \\n\\nParticipant\\nsent a complaint so it is being reviewed by our payment \\n\\nYou\\nBut I'm asking you about my accounting right but I'm asking you about a \\n\\nParticipant\\nprocessing \\n\\nYou\\npayment \\n\\nParticipant\\nAgainst her that has to be done by our payment processing department since they're reviewing it because you're \\n\\nYou\\nBut you just told me yoXXXX XXXX XXXXrticipant\\ninsisting there's XXXX XXXX  \\n\\nYou\\nYou're supposed to understand what's going on but yet you can't find my payment from Sunday You just told me it was paid \\n\\nParticipant\\nI can sure \\n\\nYou\\nXXXX paid for \\n\\nParticipant\\nshow that your XXXX XXXX is paid for \\n\\nYou\\nOK, but when was that payment made for \\n\\nParticipant\\nAnd there's nothing \\n\\nYou\\nXXXX but when was that payment made for \\n\\nParticipant\\nremaining in your pipe The remainder amount of \\n\\nYou\\XXXX? \\n\\nParticipant\\nseven XXXX XXXX as I had advised numerous times now was made on XXXX XXXX that \\n\\nYou\\nFor XXXX XXXX XXXX XXXX \\n\\nYou\\nYou're telling me XXXX XXXX XXXX XXXX XXXX XXXX right Is that correct? \\n\\nParticipant\\nYes \\n\\nYou\\nOK, so that was for what month \\n\\nParticipant\\nCompleted XXXX \\n\\nYou\\nOK, so then XXXX XXXX another payment was made foXXXX XXXX  Where is that money? \\n\\nParticipant\\nI am not saying that one at this time so I can reach out to XXXX  There's nothing in your \\n\\nYou\\nSays it's unapplied \\n\\nParticipant\\nunapplied, sir. There's nothing there. \\n\\nYou\\nSo I made it so you're telling me the payment was already made but then I made another payment That's unapplied you just told me that the payment that I made for XXXX XXXXompleted the XXXX repayment correct? \\n\\nParticipant\\nCorrect that was made on \\n\\nYou\\nRight, but there was another payment made for \\n\\nParticipant\\nXXXX XXXX XXXX XXXX XXXXr that now \\n\\nParticipant\\nOK again I'm \\n\\nYou\\nBut we're missing \\n\\nParticipant\\nI'm not seeing that payment, sir. You're saying it came out of your checking account. OK that's great. \\n\\nYou\\nI'm seeing it right here in front of me. I'm looking at the payment history right here. I'm looking at the payment. I see it right here \\n\\nParticipant\\nNow you're saying \\n\\nYou\\nunapplied since XXXX XXXX XXXXParticipant\\nYeah, you're seeing the XXXX \\n\\nParticipant\\nunapplied balance go from the unapplied with that XXXX XXXX XXXX XXXX XXXX XXXXYou\\nHa ha \\n\\nParticipant\\ncombined and it went towards your XXXXXXXX XXXX XXXXYou\\nSo what about the XXXX XXXX where that go? \\n\\nParticipant\\nThat is what was coming out of the unapplied \\n\\nYou\\nIt wasn't that was the money that it was a payment I made I made a payment for \\n\\nParticipant\\nOK sir, \\n\\nYou\\nXXXX XXXXParticipant\\nagain I am not seeing that and seeing the seven XXXX XXXX  goes with the \\n\\nYou\\nOK, so I just wanna ask you one more question here \\n\\nParticipant\\nunapplied to create XXXX XXXX XXXX and the apply XXXX XXXXu\\nOK, so XXXX was paid off right then you told me that some of that money was left over something that money was left over for \\n\\nParticipant\\nXXXX has been XXXX then you said to complete XXXX  I had to pay XXXX right \\n\\nParticipant\\nI said that you did pay XXXX  yes \\n\\nYou\\nTo complete XXXXr correct to complete XXXX  right again a payment was made for XXXX for the complete month of XXXX so that's an extra payment there \\n\\nParticipant\\nAgain, I'm not seeing that here, sir so I can definitely reach out to my payment \\n\\nYou\\nSo how come my numbers look different than \\n\\nParticipant\\nprocessing department, but I'm not seen that \\n\\nYou\\nyours? \\n\\nParticipant\\nI am not sure sure I can't see what you're looking at. I can see what I'm looking at which is your payment. \\n\\nYou\\nI'm looking it says payment history it is I'm looking at payment history. It says XXXX XXXX XXXX a payment for XXXX was applied or it says applied payment now and you took it out of my bank account and it's just unapplied it's just like sitting see that's the prom you don't you don't even know where this payment is. You guys weren't even know where the XXXX is now. Now you understand what's going on you guys aren't applying money properly Do you have a \\n\\nParticipant\\nI got her. I'm just \\n\\nYou\\nsupervisor do you have anybody? I can talk to that knows what they're doing \\n\\nParticipant\\nshowing that what I'm very well aware of what I'm doing, sir \\n\\nYou\\nOK, where did the payment XXXX XXXX XXXX  go it's on my payment history. I'm looking at it right now. Where is it? \\n\\nParticipant\\nYes, it went from your unapplied to your regular monthly payment for \\n\\nYou\\nIt could've \\n\\nParticipant\\nXXXX \\n\\nYou\\ngone from my monthly payment. You just told me a payment was made. There was a payment in XXXX XXXX XXXX XXXX sitting in XXXX unapplied correct my wife made a payment for my wife made a \\n\\nParticipant\\nCorrect \\n\\nYou\\npayment XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX that went to whatever it was went to XXXX to pay it off right Correct \\n\\nParticipant\\XXXX XXXX  was from the \\n\\nYou\\nbut \\n\\nParticipant\\noriginal on balance and XXXX XXXXYou\\nOK \\n\\nParticipant\\XXXX XXXX XXXX XXXX you made went to your XXXX payment \\n\\nYou\\nOK, and then how much was left over \\n\\nParticipant\\nThat left \\n\\nYou\\nHow much was left over they went to \\n\\nParticipant\\nXXXX XXXX XXXXParticipant\\nAre you going to allow me to answer, sir? \\n\\nYou\\nYes, go ahead \\n\\nParticipant\\nThank you XXXX XXXXYou\\nAnd that was from the XXXX XXXX payment correct? \\n\\nParticipant\\nThat was what was left over of the XXXX XXXX XXXXYou\\nOK and then and then a payment so then yesterday a payment was made for XXXX whatever is a complete XXXX XXXX? \\n\\nParticipant\\nCorrect and we XXXX XXXX XXXX XXXX XXXX XXXX  Shellpoint representatives admitted that a XXXX XXXX  payment existed in unapplied status, contradicted themselves about its destination, and then erased a previously confirmed XXXX XXXX  unapplied balance.\\nThe same call captured two separate employees describing entirely different account realities within minutes of each other.\\n\\nEvidence (verbatim excerpts):\\n\\nI do see there was a balance in the unapplied of XXXX XXXXOK yes, I dont see that  it was about XXXX XXXX  applied yesterday.\\nSupervisorXXXX XXXX XXXX theres another payment that was made  that put your unapplied balance at XXXX XXXX completing XXXX payment.\\n\\nEach statement conflicts with the others. The first recognizes an unapplied payment; the second claims the funds were applied yesterday; the third insists the same payment completed XXXX  a month already paid through prior remittances.\\n\\nInterpretation:\\nThis sequence demonstrates a systemic data-integrity failure rather than a single mis-keyed entry.\\nShellpoints staff are reading from live account screens that change while the customer is on the line  meaning the ledger is being rewritten in real time to reconcile internal errors or conceal unapplied balances.\\nSuch volatility violates:\\n\\t\\tRESPA  1024.38(b)(3)(i)  failure to maintain accurate and accessible records.\\n\\t\\tRESPA  1024.35(a)  servicer notice of error (were a little confused) triggers investigation duty.\\n\\t\\tTILA  1026.36(c)(1)  failure to credit payments as of date received.\\n\\t\\tBankruptcy Code  524(i)  post-discharge tampering with payment application.\\n\\nThe conflicting explanations  unapplied, applied yesterday, completed XXXX   confirm ledger re-aging and manual overrides.\\nNo servicer could produce three mutually exclusive account states unless data are being altered outside ordinary automated posting rules.\\n\\nRisk Impact:\\nThis behavior shows a system-level vulnerability where borrower payments can be suspended, moved backward to earlier months, or erased without audit transparency.\\nThe XXXX XXXX call provides a living snapshot of that process: funds appear in the system, vanish, then reappear labeled applied, enabling Shellpoint to (1) fabricate delinquency, (2) assess late fees and inspection charges, and (3) justify foreclosure notices while still holding consumer money.\\nSuch conduct jeopardizes compliance with federal servicing standards and exposes investors and borrowers to material misrepresentation of cash-flow integrity.\\n\\n\\n\\nSystemic Alignment\\n\\nThe same mis-allocation pattern appears across every month since XXXX XXXX\\t\\tpayments first recorded as unapplied,\\n\\t\\tlater re-aged to prior months,\\n\\t\\tfollowed by fee creation and conflicting balances.\\n\\nThis repetition confirms a servicing algorithm or manual policy, not human error.\\nShellpoints own agents admitted confusion (thats why I think Im a little confused) because their interface dis\"","date_sent_to_company":"2025-11-03T23:01:28.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"37066","tags":"Servicemember","has_narrative":true,"complaint_id":"16983019","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2025-11-03T22:35:45.000Z","state":"TN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Payment process"},"highlight":{"complaint_what_happened":["No further action is needed from you at this time you can review the results by going to shell <em>point</em> mtg XXXX  and reviewing the change on your transaction history, please choose one of the following options to self service your loan to pay by phone using our your call is being transferred please hold thank you for calling Shell <em>point</em> mortgage servicing. Please be advised we are a <em>debt</em> collector. This is not an attempt to collect a <em>debt</em> due to your bankruptcy for training and quality purposes."]},"sort":[6.832137,"16983019"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":6,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":6}]}},"product":{"doc_count":6,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":2}]}},{"key":"Debt collection","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card debt","doc_count":2}]}},{"key":"Mortgage","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"FHA mortgage","doc_count":1},{"key":"VA mortgage","doc_count":1}]}}]}},"issue":{"doc_count":6,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Attempts to collect debt not owed","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt is not yours","doc_count":2}]}},{"key":"Incorrect information on your report","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Account status incorrect","doc_count":2}]}},{"key":"Struggling to pay mortgage","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Trouble during payment process","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Payment process","doc_count":1}]}}]}},"timely":{"doc_count":6,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":6}]}},"company_response":{"doc_count":6,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":4},{"key":"Closed with non-monetary relief","doc_count":2}]}},"submitted_via":{"doc_count":6,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":6}]}},"company":{"doc_count":6,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"EQUIFAX, INC.","doc_count":2},{"key":"CAPITAL ONE FINANCIAL CORPORATION","doc_count":1},{"key":"JPMORGAN CHASE & CO.","doc_count":1},{"key":"Portfolio Recovery Associates, LLC","doc_count":1},{"key":"Shellpoint Partners, LLC","doc_count":1}]}},"state":{"doc_count":6,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"FL","doc_count":2},{"key":"TX","doc_count":2},{"key":"NJ","doc_count":1},{"key":"TN","doc_count":1}]}},"company_public_response":{"doc_count":6,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":1}]}},"tags":{"doc_count":6,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Servicemember","doc_count":3}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}