Consumer complaint received 2023-09-27
Company: Shellpoint Partners, LLC
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Paying off the loan

Complaint:
URGENT MATTER - CASE PENDING IN COURT - LITTLE TIME TO ACT BEFORE BANK TAKES UNDUE MONIES UNDER THE CONTRACT. 

Parents Passed away 69 days apart XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
House Transfer On Death Deed to me. 
Mortgage company would not confirm me as XXXX for 10 months, and 1 month after foreclosure filed. 
Fire at property occured XXXX. Partial loss. 
House secured and locks changed XXXX at 95 days past due. no foreclosure filed. 
Asset Management company people took personal property in excess of XXXX XXXX destroyed other property inside the home. Allowed one cat of 4 to starve to death by locking house up so they could not be cared for. 
Insurance funds twice what was owed were submitted to Mortgage Company XX/XX/ With my name on check, but still not Confirmed XXXX 
House remediation started by me, Mortgage service took 6 months to pay contractor, no one else would accept the project after word got out. Plus foreclosure filed before contractor paid. contractor declined to continue. 
Bank that filed for foreclosure 40 days late on 60 day limit of answering discovery ( 30 allowed, 30 day requested extension ). 
Bank has now filed for Motion to Dismiss with Prejudice under the absurd opinion that since the original borrowers passed away, the property was abandoned. 
Only taking that position because they say that the Successor does not have the right to enforce the contract under the same Covenant that they are trying to enforce where it says that the Sums secured are to be reduced by and equation provided when FMV of the property is equal or greater than the sums secured. 
hence the Bank is trying to take more money than owed from the miscellaneous proceeds in the amount of XXXX XXXXXXXXdepending on what the actual FMV of the property would be determined as, thus leaving me with a partially destroyed home that has been allowed to deteriorate and be robbed, vandalized multiple times by agents of the asset management company.Ultimately, leaving me with a devalued property and no means to remediate it and recoup the additional {$78000.00} from the insurance company that is being held as recoverable depreciation. My lawyer is abandoning the effort after the hearing next week to argue the basis of the dismissal that Borrowers Death does not constitute Abandonment since it is the act of a Natural living person to abandon something, like he is doing to me. I have been unsuccessful in this rural area to find alternate council and if the motion passes then I am sunk. There is more, but the CFPB rule 1024.30 ( d ) allows for the confirmed successor, me, to be treated as the borrower. Furthermore, the Regulation X outlines the steps and timelines for confirmation of the successor, which the servicer clearly did not follow. I have proof to back everything here up. This is NOT A JOKE!!! I need urgent assistance.

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