Consumer complaint received 2022-04-09
Company: Shellpoint Partners, LLC
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
The wrongdoers XXXX XXXX XXXX XXXX XXXXXXXX ( hereafter " XXXX  '' ) is an American worldwide banking and financial services holding company ; NewRez LLC d/b/a Shellpoint Mortgage Servicing ( hereafter Shellpoint ) and XXXX XXXX & XXXX XXXX XXXX XXXX XXXX XXXX '' ) are debt collectors as defined by the 15 U.S.C.A. 1692a ; Attorney XXXX XXXX XXXX ( hereafter XXXX ) is XXXX managing partner. 

The issue presented in this complaint was raised in the pending litigation, XXXX XXXX Florida XXXX XXXX XXXX XXXX Case No. XXXX. In this complaint I do not seek redress for an injury caused by the state-court decision itself, but rather for injuries caused by the wrongdoers fraudulent conduct. 

XXXX was XXXX XXXX XXXX XXXX managing partner since XXXX. Siting at the top of the collection law firm hierarchy, on XX/XX/XXXX, she submitted for recording the XX/XX/XXXX fraudulent Assignment of Mortgage ( attached hereto ) that purported to document a transaction whereby XXXX XXXX XXXX XXXX ( " XXXX XXXX XXXX XXXX ) " does hereby grant, sell, assign, transfer, and set over unto Assignee, the XXXX XXXX XXXX XXXX  XXXX as Trustee for the Benefit of the Certificate Holders of the XXXX XXXX Asset Backed Certificates Series XXXX ... a certain mortgage, together with the note and obligation described in said mortgage. -- -- - In XXXX XXXX XXXX ( the Original Lender ) was acquired by XXXXXXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX ). The letter and the loan transaction history provided by XXXX XXXX XXXX ( attached hereto ) show that the mortgage was no longer a XXXXXXXX XXXX asset when XXXX XXXX XXXX completed the acquisition, the loan was transferred on XX/XX/XXXX. The name of the person to whom the right was transferred was not provided. XXXX XXXX XXXX never owned the note and the mortgage and could not assign the original bank 's XXXX XXXX XXXX ) rights. Moreover, the loan was originated on XX/XX/XXXX and the fraudulent Assignment of Mortgage was dated XX/XX/XXXX. In securitization a mortgage can not be assigned months or years after the date of the origination of the underlying mortgage note and can not be assigned from the Originator directly to the Trustee for the XXXX XXXX. 

At this time, in the XXXX XXXX Florida XXXX XXXX XXXX XXXX, Shellpoint, XXXX and XXXX attempts to collect a mortgage debt allegedly owed to the XXXX XXXX XXXX XXXX XXXXXXXX as Trustee for the Benefit of the Certificate Holders of the XXXX XXXX Asset Backed Certificates Series XXXX. However, the certification signed by the Secretary of State of the State of Delaware ( attached hereto ) demonstrates that there is no Declaration of Trust. Also the certification signed by the Secretary and the Acting Branch Chief of the U.S. Securities and Exchange Commission ( SEC ) ( attached hereto ) demonstrates that there is no Pooling and Servicing Agreement, no Prospectus and no registration records on XXXX XXXX Asset Backed Certificates Series XXXX XXXX ( the Securitization Trust ). The State of Delaware Certification and the SEC Certification proof that the trust was never created, XXXX XXXX XXXX XXXX XXXXXXXX is not a trustee for any Certificate Holders because the Certificate Holders are not beneficiaries of any Trust. 

XXXX, Shellpoint, XXXX and XXXX knows they are wrong, but continue efforts to collect a mortgage debt not owed ( to XXXX or any trust ) causing losses and embarrassment to me.

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