Consumer complaint received 2023-09-05
Company: Shellpoint Partners, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage
Sub-issue: Trying to communicate with the company to fix an issue with the application process

Complaint:
This complaint is a reply, to the response letter sent on XXXX by XXXXXXXX XXXX XXXXXXXX, replying to The NYS Attorney General 's inquiry on XXXX. CFPB Complaint number XXXX. 
XXXX XXXX, Compliance Shellpoint Mortgage Servicing XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX  XXXX Subject : WV Reply CFPB, Immediate Cease and Desist of Fraudulent Actions - Urgent Property and Civil Rights Matter Dear XXXX XXXX, I hope this letter finds you well. I am writing to address an urgent and deeply concerning matter pertaining to the actions of Shellpoint Mortgage Servicing in my case. Your recent letter dated XX/XX/XXXX, while validating some aspects of my claims, has raised serious issues that require immediate attention to safeguard my property and civil rights. 

Key Points of Concern : 1. Identity and Ownership Clarification : My name is XXXX XXXX, and I am the undisputed owner of the property located at XXXX XXXX XXXXXXXX XXXX, XXXX, XXXX XXXX. 
This complaint originates from me as an individual and the property owner, distinct from the Estate of XXXX XXXX XXXX ( XXXX ), which never held any ownership rights. 
It is crucial to emphasize that these are two separate entities with distinct positions and rights. 

2. Legal Framework : XXXX passed away in Florida on XX/XX/XXXX, with a valid will that clearly designated me, XXXX XXXX, as the recipient of the New York property upon his death. 
New York State probate law ( EPTL 13-4.6 ) unequivocally states that property passing by operation of law is not considered an estate asset. 
Under RESPA and TILA, I am confirmed as the Successor in Interest, granting me the same rights and protections as the original borrower. 
The Garn-St Germain Act of 1982 provides protections for successors in interest when property is transferred as a result of the death of a borrower. 

3. Failure to Notify the Court : Despite being aware of my ownership and rights since XXXX, Shellpoint, along with prior servicers, failed to inform the court of these pivotal developments. 
New York law ( N.Y. Real Prop. Acts. Law 1311 ( 1 ) ) mandates the inclusion of all relevant parties in a mortgage foreclosure action to protect the rights of all parties involved. 

4. Fraud Upon the Court : The actions undertaken by Shellpoint in pursuing foreclosure against the Florida Estate of XXXX, which never held ownership or authority over the New York property, raise concerns of fraud upon the court. 
New York and federal law sternly address fraud upon the court with severe consequences, including case dismissal, monetary sanctions, civil liability, ethical and professional consequences, and even criminal charges. 

5. Inaccurate Claims Regarding Assumability : Your letter states that the loan is not assumable under TILA. However, a review of the TILA agreement contradicts this assertion, as it permits assumption under federal law. 
I am not purchasing the property ; I am already the owner, successor in interest, and considered the borrower under RESPA, TILA, and Garn-St Germaine protections . 
Failure to act on the previous servicer 's signed assumption is in violation of RESPA and failure to notify the court is misleading and fraud under NY and Federal Law. 

6. Confirmation of Successor in Interest : Your letter confirms my status as the Successor in Interest in XXXX, a confirmation that should have been made a decade ago. This acknowledgment relieves any questionable responsibility or involvement of the estate in property and loan matters. Your failure to notify the court is misleading and considered fraud. 

7. RESPA, TILA, and Garn-St Germain Act Violations : Your letter validates all my claims of RESPA, TILA, and Garn-St Germain Act violations , which will be addressed in detail at a later stage.

Immediate Action Required : In light of these concerns, I hereby demand that Shellpoint Mortgage Servicing immediately cease all fraudulent actions and activities, including foreclosure proceedings against the Florida Estate of XXXX or any foreclosure sale of my property located at XXXX XXXX XXXXXXXX XXXX, XXXX, XXXX XXXX. 

Your ethical and legal obligations are clear, and I expect full compliance. Failure to act swiftly and appropriately to rectify this situation will necessitate further legal action to protect my rights and interests. 

I urge you to take immediate corrective measures to halt these fraudulent actions, protect my property and civil rights, and uphold the principles of justice that our legal system is founded upon. 

I kindly request a response within 48 hours to confirm that Shellpoint Mortgage Servicing has ceased all foreclosure proceedings related to my property and is taking the necessary steps to rectify this situation. 

I appreciate your immediate attention to this matter and eagerly await your response. Please consider this letter as formal notice of my demand. 

Sincerely, XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX CC : Sent via email : XXXX XXXX Attorney General 's Office XXXX, Detective XXXX at XXXX XXXX XXXX XXXX XXXX The Honorable Governor XXXX XXXX XXXX New York Office of the Attorney General XXXX XXXX XXXX XXXX XXXX Department of Financial Services XXXX, Office of Senator XXXX XXXX XXXX, XXXXffice of Congressman XXXX XXXX XXXX Assemblymember XXXX XXXX XXXX XXXX Deed and Equity Theft Unit XXXX,

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