Consumer complaint received 2020-02-10
Company: Shellpoint Partners, LLC
State: OH
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
QWR NOTICE OF ERROR Loan # XXXX Property owner : XXXX XXXX Trustee Property address : XXXX XXXX XXXX XXXX XXXX, Ohio XXXX Time Line of fraudulent and possible contemptible actions taken against XXXX XXXX XXXX and the XXXX XXXX XXXX Family trust SUPPORTIVE FACTS : 1. In XX/XX/XXXX XXXX XXXX XXXX as individual and as XXXX XXXX XXXX Trustee for the Family trust filed a chapter XXXX bankruptcy case # XXXX. 

FACT : In XX/XX/XXXX I notified Shellpoint / XXXX of the violations of the previous loan service company such as demanding debt that because of the Chapter XXXX case XXXX was filed was not owed and was prohibited by the Bankruptcy court to be pursued in any way. 

FACT : Per a CFPB complaint response letter I received on XX/XX/XXXX escalation case # XXXX. Shellpoint states there was a unpaid principle balance on my loan to in the amount of {$44000.00}. Shellpoint then states in the same letter the total amount due on the loan is {$41000.00} which shellpoint list in their response includes monthly installment payments and late fees totaling {$19000.00}. Then Shellpoint adds to the balance of the loan legal fees in the amount of {$20000.00}. Then Shellpoint issues a Payoff statement in the amount of {$88000.00} and files a foreclosure action. 

FACT : The loan History Summary submitted as part of Shellpoints CFPB response letter dated XX/XX/XXXX list the loan principle balance at the time of the loan transfer as {$45000.00} on XX/XX/XXXX showing a certified mail distribution cost of {$7.00}. 

FACT : Shellpoint sent me a copy of a prior loan service history which list only Shellpoint on the report but a prior loan ID # XXXX. This report lists a dollar amount of {$19000.00} as a RESTRICTED CORPORATE ADVANCE ADJUSTMENT. 

FACT : NewRez LLC DBA Shellpoint Mortgage service dated XX/XX/XXXX with a time date stamp of XXXX XXXX. The statement list a XXXX XXXX in the amount of {$19000.00} and a principle only cramdown amount in the amount of {$19000.00} showing a principle balance on the loan in the amount of {$45000.00} with a due date of XX/XX/XXXX. Shellpoint sent me a payoff letter dated XX/XX/XXXX showing a balance due of {$100000.00} one month before the sale of the property. 



TIME LINE ORDER OF BANKRUPTCY CODE VIOLATIONS COMMITTED BY SHELLPOINT IF BROUGHT INTO BANKRUPTCY COURT COULD EACH BE A CONTEMPT CHARGE. 

1. The loan service company placing a Deferred balance on the monthly statements that was the cramdown debt plus XXXX XXXX from the Chapter XXXX case as a amount still owed. 

2. On XX/XX/XXXX PayOff statement listing FEES due in the amount of {$21000.00} due in order for the loan to be paid off.

3. On XX/XX/XXXX PayOff statement listing FEES due in the amount of {$29000.00} at which {$19000.00} listed as XXXX XXXX in the Fees breakdown page of the PayOff statement. This amount as listed above was shown as a RESTRICTED COR

PORATE ADVANCE ADJUSTMENT not allowed to be pursed per the bankruptcy code. 4.
In XX/XX/XXXX though a CFPB complaint response letter Shellpoint confirmed that the amount in the payoffs were correct going as far as stating that is what I owe which the payoff included cramdown debt and XXXX XXXX. Shellpoint ignored my last plea in the CFPB complaint to stop the foreclosure sale that was to take place in XX/XX/XXXX on  my property. 



ACTIONS TAKEN BY SHELLPOINTS ATTORNEY AND PSO IN XXXX COUNTY COMMON PLEAS COURT THAT LEAVE QUESTIONABLE ACTIONS TAKEN BY BOTH XXXX XXXX  AND THE PSO SELLER XXXX XXXX IN REGARDS TO THE SELLING OF THE PROPERTY FOR THE COURTS IN THE FORECLOSURE SALE ON XXXX. 

1. In case # XXXX XXXX XXXX XXXX of the XXXX XXXX XXXX requested a PSO seller XXXX XXXX to be allowed to sell the defendants property. The motion was granted by the courts. 

2. On XX/XX/XXXX the property was placed on the XXXX website to be sold. Note I was a registered bidder on the site and the auction results for the property was that there was no bids on the property.

3. On XX/XX/XXXX XXXX XXXX of XXXX XXXX  and XXXX XXXX filed a sales report with the XXXX County Common Pleas court that the property sold to XXXX during the auction that took place on XX/XX/XXXX. 

4. XXXX XXXX as the attorney of record for the investor XXXX did not bid on the property nor did any attorney bid on the property in XX/XX/XXXX for XXXX but the FALSE sale was structured in the sales paperwork submitted by XXXX XXXX and XXXX XXXX that XXXX purchased the property but instructed the courts to place the property into another investors name XXXX which again to be clear never bided on the property. 

5. I notified XXXX XXXX of the fraudulent sale and was ignored by the law firm. At one point I called the investor on file who the auctioneer XXXX XXXX listed as the bidder on the property the person was not available because that person had quit the company according to the XXXX in profile. I was instructed to contact a woman on the answer machine I did and left a message. I was contacted by XXXX XXXX within minutes of my call being told not to contact them again and to keep my noise on my face. 

6. My Tenants were immediately being harassed by a real-estate agent with XXXX XXXX that the investor hired to empty out the building. XXXX XXXX went to the property and told my tenants that the property was sold at the auction in XXXX and that they should not pay me rent and prepare to move out. She even gave my tenants a move packet. NOTE MY RENT STOPPED. 

7. I contacted XXXX XXXX and informed her to keep off my property the deed was still in my name and she was trespassing and was also committing a violation of the Real-estate code of ethics by harassing my tenants and telling them not to pay rent. 

8. Shortly after that XXXX XXXX  informed me that I should not contact her anymore and did not have rights to the property it was REO at that time the deed was being pursued for confirmation by XXXX XXXX and XXXX XXXX to fraudulently acquire title to evict my tenants. 

9. The confirmation went though regardless of my protest. In XX/XX/XXXXone of my attorneys filed a appeal with the courts and another lawyer contest the confirmation of the deed stating that the sale did not happen. 

10. The appeals court sided with the investor that the sale was valid but did not have any supporting evidence from me to prove my case.

11. On XX/XX/XXXX the XXXX County Common pleas court had a hearing to decide if the sale was valid or not. I present undisputed evidence that the sale did not happen and the Judge had no choice but to vacate the sale and return my property. 



DAMAGES from the fraudulent actions of XXXX XXXX and XXXX XXXX 1.Loss of  Rents in the amount of {$1200.00} per month since the property has been vacated. {$15000.00} in loss of rents. 

2. Attorney fees and cost from my defense trying to stop the investor from collection of debt that was not owed to the investor and per the bankruptcy code was uncollectable by the investor from XX/XX/XXXX to XX/XX/XXXX. {$25000.00} 3. Attorney fees and cost for my defense from the fraudulent sale submitted by XXXX XXXX and XXXX XXXX. {$5000.00} 4. Damages to the property after sitting empty for one year because of the fraudulent sale removing my tenants and allowing the property to be occupied by homeless squatters though out the year. {$30000.00} Property damage to wiring and plumbing removal by squatters. 

Broken windows and kicked in doors. 

Damaged decks and siding due to storm damage while the property was vacant. {$15000.00} ESTIMATED DAMAGES AS OF XX/XX/XXXX {$60000.00} The estimate is NOT exact I reserve the right to change as needed as the investor prolongs the settlement of the improper and illegal actions performed by the investors staff. Shellpoint, XXXX XXXX and XXXX XXXX. 

I FIND THE LACK OF ACTION TAKEN BY THE COURTS VERY DISGUSTING THAT LAWYER XXXX XXXX AND AUCTIONEER XXXX XXXX ACTIONS THAT WERE TAKEN TO DECEIVE THE COURTS IN THE SALE PROCESS ATTACHED TO THE COURT ORDERED FORECLOSURE SALE HAVE NOT BEEN INVESTIGATED BY THE XXXX COUNTY SHERIFF 'S DEPARTMENT OR THE OHIO ATTORNEY GENERAL OFFICE. 

THIS MIGHT BE BECAUSE THEY HAVE POSSIBLY COMMITTED THIS ACTION ON MANY OTHER SALES OVER THE PAST 3 YEARS THAT PSO SELLERS WERE ALLOWED TO WORK IN THE SALES PROCESS OF THE COURTS AND THE COURTS MIGHT BE TRYING NOT TO ALLOW THIS TO BLOW UP INTO A MULTIPLE CLASS ACTION LAWSUIT.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation