Consumer complaint received 2023-11-01
Company: Shellpoint Partners, LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage
Sub-issue: Trying to communicate with the company to fix an issue with the loan closing

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX XX/XX/XXXX Loan Number : XXXX Shellpoint Mortgage Servicing XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, SC XXXX Re : Demand for Property Documentation and Title Information Pursuant to Virginia Law I hope this letter finds you well. I am writing as the successor in interest to the property located at XXXX XXXX XXXX XXXX XXXX, VA XXXX. I demand the following documentation and information in accordance with Virginia law : Property Ownership and Title Documentation : 1. Deed of Trust or Mortgage : A copy of the original Deed of Trust, and Mortgage related to the property, signed on XX/XX/XXXX, as required by the Code of Virginia 55.1-301.

2. Promissory Note : A copy of the Promissory Note related to the property, signed on XX/XX/XXXX, as mandated by the Code of Virginia 55.1-301.

3. Satisfaction of Mortgage or Deed of Trust : Documentation confirming the satisfaction of the mortgage or deed of trust, as per Code of Virginia 55.1-309, which requires the release of the deed of trust upon full payment.

Property Purchase and Settlement Information : 4. HUD-1 Settlement Statement : A copy of the HUD-1 Settlement Statement or similar Closing Disclosure, as required by Code of Virginia 55.1-701, providing a detailed breakdown of all financial transactions related to the property purchase.

5. Title Insurance Policy : Documentation of the title insurance policy obtained during the property purchase, as required by Code of Virginia 38.2-2204, which mandates title insurance for real estate transactions.

Title and Title Search Documentation : 6. Title Search Report : A copy of the title search report confirming the chain of title, in compliance with the Code of Virginia 55.1-340.

7. Title Insurance Claims History : Any records related to title insurance claims made regarding the property 's title, as well as the outcomes of those claims, in accordance with Code of Virginia 38.2-2204.

8. Title Transfer Documents : All documentation related to the transfer of title from the previous owner to the current property owner, as per the Code of Virginia 55.1-304.

Receipts and Records of Payments : 9. Receipts and Records of All Payments : Copies of all receipts, records, or documentation regarding payments made during the property purchase process, proof that this was a foreclosure sale, including earnest money deposits, down payments, closing costs, and any other related expenses, in compliance with Code of Virginia 55.1-501.

Settlement Agency Records : 10. Settlement Agency Records : All documents and records detailing financial transactions, title transfer, and disbursement of funds made by the settlement agency involved in the property purchase, as required by Code of Virginia 55.1-1201.

Property Correspondence and Agreements : 11. Correspondence and Agreements : Copies of all contracts, agreements, and closing documents related to the property purchase, including the purchase and sale agreement, the deed, and the note, as necessary to establish compliance with the Code of Virginia 55.1-703.

Proof of Transactions and Liens : Documentation showing proof of financial transactions, payments, and the status of any liens or encumbrances on the property, as required by the Code of Virginia 55.1-341.

Additional Documents : 12. Correspondence with Investor and Owner : Copies of all correspondence between your company and the investor and owner of my loan, XXXX XXXX. This information is necessary for legal and financial clarification. 
13. Proof of Property Assessment : Please provide the proof of property assessment, including how, when, and by whom the home value was determined, to ensure compliance with the Code of Virginia 58.1-3982.

Personal Property Taxes : 14. Personal Property Tax Records : Copies of all records related to personal property taxes paid for the property, including receipts and payment history.

Loan Servicing and Escrow Information : 15. Loan Servicing Documentation : All documentation, records, and correspondence related to the servicing of the loan since XX/XX/XXXX. This should include information on loan payments, escrow accounts, and how funds were applied. 

This demand is based on my legal rights and responsibilities as the property owner and the relevant Virginia laws that ensure transparency and compliance with property transactions. Please note that this is a formal demand and not a request. I kindly request that you provide these documents within 30 days from the date of this letter. 

Additionally I hereby request, pursuant to the rights granted to me under Virginia law, the following documentation and information related to the property transaction and trustee sale : 1. Full documentation supporting the claim that the property was sold at a trustee sale in front of the county courthouse on XX/XX/XXXX. 
XXXX. Comprehensive transaction records showing the date, parties involved, and the terms of the sale, especially the date of the alleged payment of my loan in full on XX/XX/XXXX. 
XXXX. All documents detailing the settlement process that occurred on XX/XX/XXXX. 
XXXX. Proof of the seller 's authorization, as I dispute any claims that I agreed to or participated in the sale of my property. 
XXXX. All records and correspondence regarding the property sale, including any agreements or authorizations provided by me. 
XXXX. All documentation proving that this sale was conducted according to the relevant Virginia laws, including the distinction between nonjudicial and judicial foreclosures. 
XXXX. Evidence of compliance with all applicable legal requirements regarding property transactions. 

I am also formally requesting all records of communication between Shellpoint Mortgage Servicing, XXXX XXXX, and me regarding the sale of my property. This includes but is not limited to email correspondence, letters, agreements, and phone call records. 

Additionally, I demand access to the documentation of the assessment conducted to determine my property 's value, as well as records indicating when and by whom this assessment was carried out. I also request documentation related to my personal property taxes, all records regarding the servicing of my loan since Shellpoint Mortgage Servicing assumed responsibility in XX/XX/XXXX, including details of the escrow account and the allocation of funds. 

It is crucial to recognize that these requests are not mere inquiries but demands rooted in Virginia law. Failure to comply with these requests XXXX result in legal actions to protect my rights as the successor in interest to the property and to address the inconsistencies and concerns surrounding this property transaction. 


Your prompt attention to this matter is greatly appreciated. Please send the requested documentation to my address listed above. If you have any questions or need further clarification, please do not hesitate to contact me at ( XXXX ) XXXX. I can also be reached via email at XXXX Thank you for your cooperation in providing these essential documents to ensure the clear title of the property and to address related legal matters. 

Sincerely, XXXX XXXX

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