Consumer complaint received 2022-11-09
Company: Shellpoint Partners, LLC
State: NJ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Ditech/ShellpointXXXX XXXX XXXX XXXX worked together to commit fraud upon the court and deception to obtain a Default Judgement against me.

During the time I was working with Ditech/Shellpoint Financial on a loan modification, the company violated RESPA Federal Law by dual tracking the loan. The mortgage servicer was requesting documents from me to process submission of my loan modification application. Also pushing me through the foreclosure process at the same time. Ditech/Shellpoint Financial , allowed me to think I would end up with lower monthly payments, but instead they never gave me an answer. At the sametime they obtain a default judgement to foreclose on my home. After receiving the default judgement on XX/XX/XXXX, they transferred the loan to a new servicer. 
Before XX/XX/XXXX, I spoke with a Ditech representative on the phone regarding a loan modification. An application was sent to me and I completed it and returned the loan modification application to Ditech. I was told the best way to submit the application was to Fax it back to them. I was given the fax number to loss mitigation. 
XX/XX/XXXX A fraudulent assignment of mortgage was created and signed by XXXX XXXX as Assistant Vice President with rights to assign mortgages. The assignment was to be returned to XXXX XXXXXXXX XXXX. 
XX/XX/XXXXXXXX XXXX XXXX  on behalf of Ditech/Shellpoint Certified pursuant to Rule 1:5-6c1E and Rule 4:64-1 to speaking with XXXX XXXX who according to her certification is also an employee of Ditech, and her title at Ditech is Document Execution Representative. XXXX certified to speaking with XXXX XXXX regarding the defaulted loan. XXXX certified this statement was true. This misrepresentation of facts was used to deceive the courts. 
XXXX XXXX a letter was mailed to me regarding the modification application I submitted. The letter stated that I had missing items. To preserve any applicable protections, I must submit the missing items by XX/XX/XXXX. 
XX/XX/XXXX Ditech/Shellpoint file a complaint in foreclosure. 
XX/XX/XXXX XXXX XXXX XXXX was submitted into the XXXX XXXX XXXX XXXX. 
XX/XX/XXXX Affidavit of Service claims to serve a friend of the family.

Ditech advised I had until XX/XX/XXXX, to return missing items. The forms could be mailed or fax. I never received a letter saying my application was denied or approved. 
I made sure to return the missing items by the due date. I never received an answer. I made numerous calls and according to Ditech it was in process. 
Since I was not receiving any answer and I did not want to lose my home, I faxed another application on XX/XX/XXXX. I received no answer. I made sure to keep my fax sheet since I never received any answer from the previous application. 
On XX/XX/XXXX A request to enter default judgment was filed by Ditech/Shellpoint . 
On XX/XX/XXXX I submitted another application for modification. 
Once again, I received no answer. No approval or denial. 
I was so tired of calling and faxing I decided to send the application through certified mail. 
XX/XX/XXXX the application was received and signed by an employee of Ditech/Shellpoint . 
XX/XX/XXXX A NOTICE OF MOTION FOR FINAL JUDGEMENT, was filed by XXXX XXXX firm. They also used a different complaint to cover up the fraud they committed. This time they certify to speaking with XXXX XXXX from Ditech. 
XX/XX/XXXX A letter was mailed from Ditech/Shellpoint , stating that my case was assigned to XXXX XXXX XXXX 
I never received an approval or denial for any of my loan modification applications. Not even the one sent by certified mail. Which I know for fact was received. It was also received before the schedule of XXXX sale. 
XX/XX/XXXX An ALIAS OF WRIT EXECUTION was filed on behalf of Ditech/Shellpoint XX/XX/XXXX A letter was mailed from Ditech informing me that my loan was going to be transferred to Shellpoint effective XX/XX/XXXX. No notice of my loan modification application being approved, denied or transferred. 
XX/XX/XXXX Final Judgement was obtained. 
XX/XX/XXXX A CIVIL ACTION WRIT OF EXECUTION was filed on behalf of Ditech/Shellpoint . 10 days after notifying me of the loan transfer. 
XX/XX/XXXX Shellpoint was to begin servicing the defaulted loan. No answer regarding the loan modification application. No notification on regarding the application status. I do not know if the application was transferred to the new servicer. 
XX/XX/XXXX I filed for XXXX XXXXXXXX bankruptcy to try and save my home. It seemed like the only option, since Ditech/Shellpoint never denied or approved the numerous applications. They chose to ignore all applications and proceed with the foreclosure. 
XX/XX/XXXX Shellpoint objected to the Bankruptcy plan. They certified to being the owner of the note and assigned mortgage. They claim to have ownership since there was an Assignment of Mortgage. 
XX/XX/XXXX Assignment of mortgage was created/signed by XXXX XXXX Vice President of Ditech. XXXX XXXX is a robosigner/employee of XXXX XXXX XXXX XXXX XXXX 
XX/XX/XXXX Same assignment of mortgage is recorded into the XXXX XXXX XXXX. A second fraudulent assignment of mortgage was created and entered into the XXXX XXXX. XXXX XXXX to falsely establish standing in court. The assignment is signed by XXXX XXXX as Vice President of Ditech. She is an employee of XXXX XXXX XXXX XXXX, by law XXXX XXXX can not legally transfer rights of any mortgage. 
XXXX XXXX is a robosigner, I have attached documents. 
Shellpoint knew it lacked standing on XX/XX/XXXX since the Assignment of Mortgage was not created until XX/XX/XXXX. Yet in Bankruptcy Court they claimed to be owner of the note and mortgage. They created the late assignment to deceive the court. 
A letter mailed on XX/XX/XXXX from Shellpoint states that they relied upon the same Assignment of Mortgage as proof of their ownership, and rights to collect. 
Numerous violations were made in an effort, to force a fraudulent foreclosure. 
Final judgement based on fraud on the court is not valid and should be voided. 
These companies violated RESPA federal law and to this day XXXX is using this fraudulent foreclosure judgement to foreclose on my home. XXXX has been enforcing a lien they obtained by deceit and fraud upon the court to schedule a XXXX sale of my home. 
Ditech, XXXX XXXX XXXX and Shellpoint are all debt collectors, who use the trust of the courts to commit fraudulent foreclosures. There was a misrepresentation of a material fact ; by some who knew that the material fact was false, and they used it to deceive the court. The court relied upon the misrepresentation of facts to make a decision against us. We have suffered actual, quantifiable injury and damages resulting from this deception and fraudulent judgement. 
XXXX, was once XXXX XXXX and XXXX XXXX, and has been found guilty of the same actions in the past. As a result, the firm was forced to report to the XXXX XXXX XXXX XXXX. The firm later changed their name to XXXX XXXXXXXX XXXX. To this day they continue to deceive and manipulate the courts system. I do not understand how our government can allow XXXX XXXX XXXX to foreclose on any Government backed loan. I have documents and records to support my claims.

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