Product: Mortgage

Subject Property : XXXX XXXX XXXX, XXXX, NC XXXX Borrower : XXXX XXXX. XXXX, ( decease since XXXX ) heir, XXXX XXXX XXXX, ( son ) Does Shellpoint Mortgage Servicing and I, the mortgagor, have a fiduciary relationship in existence? 



As petitioner, my Breach of Mortgage ( claim of breach ) comes forth against NewRez dba Shellpoint Mortgage Servicing, NMLS ID XXXX, located at XXXX XXXX XXXX XXXX  XXXX, XXXX, SC XXXX, who established a mortgage modification with me, a client since XX/XX/XXXX, which initiated a modified loan and was finalized XX/XX/XXXX. On XX/XX/XXXX, under the counsel of Shellpoint, Loss Mitigation, I signed a borrowers agreement, and submitted Dodd Frank, IRS T4506, banking statements, tax documents, check stubs,  probate documents, and a quit claim deed to Shellpoint. I Upon review, Shellpoint completed its investigation and approved a modification for the existing loan which instructed me to skip the XX/XX/XXXX payment and proceed to XX/XX/XXXX as the first payment due for first trial period payments. I received a letter from Shellpoint attesting this new trial period which admonishment the requirement of the trial period. Loss Mitigation did speak of once completing this trial period, it would then look into what interests to start an assumption program for this loan. Unlike the first trial period initiated XX/XX/XXXX and finalized just a few short days after the XX/XX/XXXX payment, Shellpoint failed to produce a modification finalization document for me to sign, but submitted that I needed to continue this course of payments and I would be contacted periodically just to stay in touch, which meant that the promise of an assumption was still on the table but everything was final including the arrears which was about 45 days behind and the additional 30 days for the XX/XX/XXXX, payment which Shellpoint said not to make because of the new schedule of payments due. 







Has Shellpoint Mortgage Servicing shown deception or deceit in this contract in any way? 



My complaint is, since XX/XX/XXXX, I have been committed to the mortgage payments under this new modification trial period which completed XX/XX/XXXX, and there since have been making on-time payments to Shellpoint for the existing loan contract where the mortgage statement does not show payments for XXXX XX/XX/XXXX. About the mid of XX/XX/XXXX, I received an email from a BCHH agency requesting that I contact them as soon possible to discuss documentation for an assumption loan, but the email did not mention they were under contract from Shellpoint at that time. I immediately reached out to my Shellpoint point of contact, XXXX XXXX, to verify her knowledge of XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX , XXXX, Ph # XXXX XXXX XXXX. XXXX XXXX. It took too long for her to return this verification, but finally acknowledged that XXXX was contracted by Shellpoint to set up assumption documents. The acknowledgement took about 7 to 10 days. At that point, I made the point to Miss XXXX that I did not wish to fulfil the assumption side of the program, because I had committed in writing in US District Court as pauper applicant that I did not own property. In a letter dated XX/XX/XXXX, Shellpoint informed me that this loan was being transferred to XXXX XXXX XXXX, XXXX XXXX XXXX , XXXX XXXX, XXXX, Ca., effective XX/XX/XXXX. Shellpoint would no longer accept payments, but I should start sending payments to XXXX. Also, Shellpoint had been showing and mortgage payment arrearage of concluding with XXXX totaling {$2000.00}. I challenge the idea, that since XXXX I, XXXX, Shellpoint had promised that the new modification was the solution to my 45 day arrearage, which Shellpoint then contributes an additional 30 days by entering a contract for a new modification, that is, the arrearage should had gone down to 0 and my on-time performance since should had been honored. Instead, Shellpoint failed in its essence and responsibility to uphold this track record and submits to XXXX XXXX, an arrearage which is subject to foreclosure or forbearance. In reality it would be an error ot enter the contract and cause the arrearage to grow 30 days. Any such thing, either forbearance or foreclosure proceedings would harm me in a reckless, malicious, intentional and abandoning way. Shellpoint failed to explain to me explicitly, the ramifications of harm should I not complete the assumption documents late in XXXX. In XX/XX/XXXX, Shellpoints modification package didnt need to include an assumption program clause, which Shellpoint itself admits that modification and assumption are two separate programs, which I challenge that to mix the two issues is a deceptive and shrewd business tactic. In fact, a duty of care exists in this case where there is a fiduciary responsibility to inform me, as a mortgagor, the clear-cut obligations to follow through on this modification venture to achieve the assumption. But first, why not finalize the modification of XX/XX/XXXX, as did XX/XX/XXXX. But we do guess, the assumption facts are reckless, misleading, and not entirely true ; wherefore, to pass this through a serious transaction to XXXX, is hasty and was hurried. What Shellpoint was obligated to do was clearly present a modification application which it did process and approve. Shellpoint did present a trial period for payments. Shellpoint failed not to present a clear understanding and commitment to the modification as we see, never present me with a final modification contract to sign which was due in mid to late XXXX. Instead remained ambiguous in meaning unaware of what upstairs ( the executives ) was planning in its capacity to sell the loan agreement to XXXX. It is a question whether this might be considered under the reigns of unfair business, not to mention the misinformation involved. It is mismanagement/misinformation because of the absenteeism of a clear finish/finalization similar to that of XX/XX/XXXX. We did not come forth in XX/XX/XXXX to finalize but mismanaged the situation while misleading me on assumption tie-in. This we understand good and well that the assumption is an independent contract. Then all of a sudden, we need to be in this gigantic hurry to get this done by an outsider which might be, but though to be sloppy. 

According to XXXX XXXX XXXX, United States District Court Judge, for the XXXX XXXX XXXX XXXX XXXX, ( XXXX XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX ) in order to establish a claim of breach of contract under New York law, a petitioner must demonstrate ( i ) the formation of a contract between the parties ; ( ii ) performance by the petitioner ; ( iii ) failure of petitionee to perform ; and ( iv ) damages. So, here and now we must determine a fiduciary relation which a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party called also confidential relationship fiduciary relation see also fiduciary duty. NOTE : A fiduciary relationship may be created by express agreement of the parties, or it may be imposed by law where established by the conduct of the parties. Typical fiduciary relationships exist between agents and principals, attorneys and clients, executors or administrators and legatees or heirs, trustees and beneficiaries, corporate directors or officers and stockholders, receivers or trustees in bankruptcy and creditors, guardians and wards, and confidential advisors and those advised. 



The petitioner asserts, he is able to present documentation as Exhibit A, a letter from XXXX XXXX XXXX attesting to contract Notification of Assignment, Sale or Transfer of Your Mortgage Loan, dated XX/XX/XXXX. Exhibit B, a XXXX XXXX Statement attesting to a transferred debt of {$2000.00} which might be before this institution as fraudulent, dated XX/XX/XXXX. Exhibit C, a Shellpoint Mortgage Servicing Modification Loan Agreement in its final stage, dated XX/XX/XXXX Exhibit D, a borrowers application for XXXX dated, XX/XX/XXXX, establishing the second modification loan Exhibit E, a Shellpoint Mortgage Statement establish a trial period and debt unresolved, XX/XX/XXXX. Exhibit F, a XXXX   XXXX XXXX XXXX XXXX Statement attesting to the fact that checks were drafted by Shellpoint for payment of XXXX- XX/XX/XXXX without Shellpoint fully crediting the payments, and leaving the loan subjected to forbearance and foreclosure proceedings. Exhibit G, email from BCHH agency requesting contact. Exhibit H, a Shellpoint history of payment Exhibit I, letter from XXXX requesting Information for Loss Mitigation Evaluation and the application for payment arrangement program, dated XX/XX/XXXX For the foregoing reasons here presented, this petitioner declares that the petitionee has committed a Breach of Mortgage.