Consumer complaint received 2022-11-07
Company: Shellpoint Partners, LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
RE : Error Resolution Notice ( ESCROW FRAUD ), LOAN accounting FRAUD ESCROW FRAUD, LOAN FRAUD, CFPB GUIDELINES VIOLATIONS, VIRGINIA STATE LAW VIOLATION, ILLEGAL UNLAWFUL FORECLOSURE XXXX Error resolution procedures. ( a ) Notice of error this letter serves as legal notice of ERROR MUST comply with this notice. 
Shellpoint Mortgage servicing is ILLEGALLY overcharged and added unverified Fraudulent ESCROW AMOUNT/charges to LOAN. These charges need to be removed from amount owned on LOAN and Foreclosure Notice. 
Shellpoint Mortgage servicing must cancel/stop this Illegal unlawful Foreclosure sale date of XX/XX/XXXX as this involves intentional ESCROW FRAUD amount of {$76000.00} - upon receipt of this notice of error within 24 hours : Shellpoint Mortgage servicing is involved in Escrow calculation FRAUD based on LOAN history statement received ( attached ). Shellpoint Mortgage servicing must acknowledge following fraudulent transaction and accounting FRAUD : a. FUNDS OWED BY BORROWER DETAILS as stated in Loan history statement Escrow Only Payment {$140000.00} ( complete FRAUD and unverified and ILLEGAL ) b. Based on LOAN history statement TOTAL taxes paid ( owed ) = {$28000.00} and INSURANCE PAID ( owed ) = {$34000.00} ( ESCROW TOTAL OWED = {$63000.00} ( VERIFIED by LOAN history statement attached ) Shellpoint Mortgage servicing is violating LAWS by overcharging ESCROW AMOUNT AND ILLEGALLY ADDING- Fraudulent amount of {$76000.00} as ESCROW amount proof attached. 
Shellpoint Mortgage servicing must remove illegal ESCROW amount of {$76000.00} from Loan, all dual tracking illegal FEES and late charges from attached disputed statements. 
THIS FORECLOSURE MUST BE STOPPED upon receipt of this dispute letter according to applicable LAW CFR 1024.38 ( b ) ( 1 ) ( v ), Debt Collection, Foreclosure, Mortgage and Virginia State LAWS. 

ILLEGAL ESCROW AMOUNT IS ADDED in PAST DUE BALANCE SHOWN IN FORECLOSURE is incorrect and violates LAW CFR 1024.38 ( b ) ( 1 ) ( v ) Submit documents or filings required for a foreclosure process, including documents or filings required by a court of competent jurisdiction, that reflect accurate and current information and that comply with applicable law ; SHELLPOINT MORTGAGE servicing must respond in accordance to applicable Laws and cancel current foreclosure sale upon receipt of this error resolution notice. ALL debt involved is unverified, illegal and involves ESCROW accounting FRAUD. 

ADDING illegal Escrow amounts to account is complete FRAUD, illegal and unlawful action violates mortgage servicing guidelines and all applicable laws Failure to comply will result in lawsuit. 

Shellpoint Mortgage servicing is violating CFPB guidelines by not proving LEGAL VALIDATION OF amount owed or DEBT MENTIONED IN FORECLOSURE NOTICE. 
Shellpoint Mortgage servicing must provide valid legal loan history statement from inception of loan and provide valid accounting of LOAN. 
Foreclosure notice and response seeking payment due XX/XX/XXXX but loan history statement is missing any history prior to XXXX. 
Legal validation requires Shellpoint Mortgage servicing to provide loan/mortgage history statements up to XXXX. 

THIS FORECLOSURE MUST BE STOPPED upon receipt of this dispute letter according to applicable Debt Collection, Foreclosure, Mortgage and Virginia State LAWS. 

I already disputed any debt involved in this process. SHELLPOINT MORTGAGE servicing must respond in accordance to applicable Laws and cancel current foreclosure sale. 
I am disputing all debt shown in this UNLAWFUL, ILLEGAL and WRONGFUL FORECLOSURE Notice attached. I am writing in regards to the above-referenced debt to inform you that I am disputing all DEBT involved in this loan/foreclosure violating Virginia state LAWS INFORMATION IN THIS NOTICE IS UNLAWFUL, ILLEGAL and FRADULENT, incorrect, no records are provided on qualified written request ( QWR ). This notice VIOLATES CFR 1024.38 ( b ) ( 1 ) ( v ) and 8.3A-118 ( a ) Virginia State Statute of limitations. 
Total amount of Principal, Interest, cost and fees due in arrears = {$780000.00} includes ILLEGAL ESCROW OVERCHARGE ( ILLEGAL UNLAWFUL AND FRAUDULENT CHARGES ) Unpaid Principal balance of LOAN = {$630000.00} ( unverified ) Original amount recorded in clerks office = {$590000.00} Date of last payment received by servicer XX/XX/XXXX = {$9400.00} ( UNVERIFIED ) I dispute NOTE/loan involved in this process. SHELLPOINT MORTGAGE servicing must respond in accordance to CFPB Guidelines, Virginia State Laws and cancel current foreclosure sale. 
NOTE/LOAN VALIDATION FAILED following Law : 8.3A-118 ( a ). Statute of limitations - Virginia Law - Please verify the LOAN/NOTE as required by the statue of LIMITATIONS set forth by VIRGINIA STATE LAWS- Foreclosure filling required assignment with VALID, ENFORCABLE, Legal NOTE with unexpired Statute of limitations 8.3A-118 ( a ). - Virginia Law Shellpoint Mortgage servicing is violating CFPB guidelines by not proving LEGAL VALIDATION OF amount owed or DEBT MENTIONED IN FORECLOSURE NOTICE.

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