I have a mortgage with an interest rate of over 9%. It is not an adjustable mortgage. the company recently raised my payment $160 per month under the guise of insufficiency in escrow account. All expenses paid from this account have remained basically the same as at the time of inception of the loan. The documents I signed stated a monthly payment of $1,070.42. They are now demanding a monthly payment of $1,235.60 but cannot or will not explain where the extra expense comes from. I am now two months payments in arrears, although I continue sending them monthly payments of $1,235.60. They are threatening foreclosure. I am a widow, 77 years old and on a fixed income. I have been unsuccessful in search for employment and have no relatives willing or able to assist me. This mortgage company has a history of high interest loans which they manipulate to cause or claim nonpayment and proceed to foreclosure, as evidenced by a multitude of published complaints. Their business practices indicate that their main goal appears to be foreclosure to assume ownership of homes under the guise of legitimate mortgage provision. I cannot afford to file a civil lawsuit as others have done. Where can I obtain legal assistance to help me save my home of 18 years?
So just as a start, I'd try doing that with your own state.
If I had your mortgage, i would shop around for re-financing to get you down to a rate below 5%. If you have a friend who knows a Realtor, that Realtor can recommend a loan officer or two that can help you find a new loan. Your monthly payment would be lower.
However, Shellpoint is a predatory lender, so who knows what shenanigans they're pulling? They may in fact be forcing people into foreclosure so they can snap up desirable properties.
I don't know w/o checking what federal agency governs Shellpoint. I doubt if it's a national bank and subject to the same federal oversight. You might look at your mortgage to see what its corporate status is, i.e., a bank such as Chase would be described as a national banking association.
Find Shellpoint's corporate status and designation, then contact that oversight agency and file a complaint. It might not stop their action, but it will help add fuel to the fire of action against them.
During the real estate crisis, there were several companies that provided free counseling; Lighthouse was one of them. Your profile doesn't indicate what state are you're in, so I can't recommend any agency that can provide counseling. You can google "foreclosure counseling in {state} ).
And if you're a senior, contact local senior centers and ask if they have "attorney days" when attorneys offer free limited advice. Ask an attorney which agencies in your area provide free counseling for foreclosure actions.
Whether or not Shellpoint can legally foreclose depends on the terms of default in your Mortgage. It's been years since I've worked on residential mortgages, but the terms used to specific a certain amount of time for the mortgagor/borrower (you) to cure any default.
Check that to determine if they're in compliance, check to see what the number of days is before they issue a default notice, how long you have to cure the default, and the others terms set forth for foreclosure. Or have they already sent you a default notice?
And, as suggested in your other post, contact the law firm(s) handling the class action suit and ask to join as a party plaintiff.
Did your statement show any breakdown?
There are several class action lawsuits against this lender. You might be able to join one of the lawsuits without having to have an attorney of your own.
Please expound on what exactly you are asking?