Consumer complaint received 2023-08-14
Company: Shellpoint Partners, LLC
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
Ive been a victim of Identity Theft & Securities Fraud. My rights per FDCPA Fair Debt Collection Practices Act & FCRA Fair Credit Reporting Act have been violated. I just received a notification alert, XX/XX/XXXX, from my XXXX Identity Theft prevention account showing ( NR/XXXX ) aka Newrez XXXXShellpoint Mortgage Servicing used my Social Security Number for the 3rd time to do unauthorized bank adjustments for {$360000.00}. I made an identity theft report # XXXX to the FTC Federal Trade Commission. Furthermore, this week I received a letter from the XXXX XXXX XXXX XXXX XXXX office alerting me of an unauthorized deed filed. I spoke with them to proceed with an investigation in an effort to prevent real estate fraud. The paperwork notice shows an unauthorized Corrective Grant deed was filed on XX/XX/XXXX, ordered by XXXX XXXX XXXX XXXX XXXX ( hired by Shellpoint/Newrez , a debt collector ). It seems they are conspiring together to swindle & steal my property through theft and conversion & trying to falsify records & transfer title of my property. They are violating 15USC 1692 false, deceptive & misleading representation, in connection with the collection of any debt such as the false representation of the Character or legal status. Theyre purporting an invalidated debt under false pretenses USC title 18 section 1001,2071,2073 ( falsifying records ) & its illegal for attorneys to purchase debt & then file lawsuits which they also did saying they made a mistake on the legal description of title so they are trying to sue for title when they have no lawful right, they arent the real party of interest, nor holder in due course. Shellpoint admitted multiple times they are just the servicer ( not the owner ) so they have no enforceable right to foreclose or collect this invalidated debt. They are also violating 15 USC1692d ( 1 ) & 1692e ( 2 ), e ( 3 ) e ( 4 ) e ( 6 ) & 1692f ( 6 ) threatening to unlawfully repossess my property & I need help enforcing my federally protected consumer rights. Please delete this fraudulent account that involves identity theft within 4 business days per 15USC 1681-c2. 
Despite my many good faith efforts since XX/XX/XXXX, to get this account verified, validated and settled, Shellpoint has continually failed & commit abusive & unfair practices. It appears to be willful and negligent behavior at this point as its been over a year of disputing. Shellpoint never notified the credit bureaus from the beginning that this debt was in dispute since XX/XX/XXXX, violating 15usc 1692c ( 8 ). They have violated 15 USC 1692c & b where the collector must cease collection activities until the debt is validated. Furthermore the credit bureaus continually report inaccurate & negative information causing defamation of character & damage to my credit score preventing me from purchases. When I notified the credit bureaus on XX/XX/XXXX of the fraud and identity theft thy put an alert on my accounts ( see credit report ), but nothing further was done because they said Shellpoint didnt respond to them. Reported inaccuracies on my credit report continued which violates 15USC 1692a2a ( i ) late payments are illegal on credit reports. 
On XX/XX/XXXX I sent Shellpoint a Validation of debt letter through certified mail # XXXX with green return receipt requested. I asked them for complete payment history which they didnt provide. It should have gone back to XXXX when I originally consumed the property. Shellpoint also failed to provide the correct Original Creditor & address violating 15 USC 1692g ( a ) ( 5 ), and further reported false dates, amounts & many other inaccuracies violating 15 USC 1692g. Shellpoint also gave out my personal info to several unauthorized 3rd parties, including XXXX XXXX XXXX XXXX XXXX without my permissible purposes violating 15 USC 1681b. This has caused further harassment as they have sent people trespassing the cease and desist over 10 times all hours of the day and night causing stress for me & my family. They have further violated my privacy rights by dropping papers off without an envelope violating the Privacy Act of 1974 & 15U.S.C. 6802-6805 failing to properly notifying me of my rights to opt out. They had multiple people deliver papers to several wrong people & wrong addresses, inconvenient place to me, causing defamation of character & reputation, further violating 15 USC 1692 b & c.

Ive been notified of Securities Fraud by XXXX that ( NR/SMS/CAL ) used my SSN 3 times for bank adjustments for themselves. It shows ( NRXXXX ) did a bank adjustment for {$350000.00} on XX/XX/XXXX & for {$350000.00} on XX/XX/XXXX, & then the one on XX/XX/XXXX on amount stated above. This is further violation of 15 USC 1681i5 & 15USC 168s-2b. It seems every 4 months they do charge offs but they fail to delete the account. According to the IRS, when a debt collector charges off an account it should be deleted from credit report. I emailed shellpoint asking for a receipt copy of the charge off but they ignored me. They further fail to delete this account. It appears at this point as willful noncompliance & negligence at this point by Shellpoint as this has been going on over a year. This is violation of 15USC1681n. I plan to do a securitization audit if needed to go to court to see how many times NR/SMS/Cal actually securitized this loan already paid off and discharged many times over which is illegal. 
On XX/XX/XXXX I had sent Shellpoint/Newrez XXXX XXXX an affidavit of truth/conditional acceptances titled Lawful Notice Affidavit of Truth Conditional Acceptance via registered mail # s XXXX XXXX. # XXXX XXXX # XXXX # XXXX with return receipt requested for signatures and received proof of service. The affidavit had approx. 50 points of non-disclosure & fraud I discovered, while enduring infirmity & hardship, including asking for proof of claim from them on valuable consideration & the proof of the 8 points of a lawful contract with my wet-ink signatures which shellpoint/newrez couldnt provide which is unconscionable. I notified Shellpoint that they are in collateral estoppel and are to Cease and Desist and they never honored that and they are continually reporting inaccurate late payments violating the FCRA, per 15 USC 1681. 
In XX/XX/XXXX still had no response so I sent Shellpoint/Newrez a notice of fault with an opportunity to cure with my notarized fee schedule via registered mail # s XXXX, # XXXX, # XXXX # XXXX all with return receipt requested and all proof of service were obtained. By XX/XX/XXXX still no response from so I issued a Certificate of Default in Dishonor, XXXX XXXX, as they acquiesced to the facts by their silence, standing as truth in commerce through the Maxims of law in equity. I also issued a XXXX XXXX with all the added up violations committed against me added up to over XXXX XXXX dollars & wrote it will be treble in damages if after 30 days. The registered mail # s for those were XXXX # XXXX, XXXX, and # XXXX all with return receipt requested & signed by the Federal Post Office witness on my Firm Book. Shellpoint further failed to cease and desist and failed to delete this fraudulent account. 
Months later, on XX/XX/XXXX I received a letter from Shellpoint dated XX/XX/XXXX, Shellpoint stated they couldnt provide the proof of claims or contract I was requesting, and made excuses that my questions were too broad, & they are just the servicer ( not the owner ) of the loan and that they dont have the documents ( contract ) Im requesting nor my wet-ink signature etc. ( see attached ). They said they would comply with a QWR, qualified written request and yet when I had sent them a notarized QWR on XX/XX/XXXX they gave the same excuses & still couldnt validate the debt properly. However, instead of ceasing and desisting and erasing the fraudulent inaccurate account, they kept trespassing & harassing as Shellpoint hired XXXX XXXX XXXX XXXX XXXX who has consistently harassed & trespassed on our property at least 10 times all hours of the day & night stressing me and my family out. They also dropped off papers to wrong people at a wrong address without an envelope for privacy, violating due process & privacy rights and more. Shellpoint/Newrez stated they made a mistake on the legal description of title however they were never authorized in the first place. They are now trying to steal my property by falsifying records to unlawfully foreclose without any lawful rights to enforce the note as they do not have the original note, now wet signature, nor proof of claim of valuable consideration, nor the correct original creditor information and there is a major bifurcation/break in the chain of title not recorded properly in the county recorders office making any note unenforceable. These many violations including 15USC 1692E ( 3 ) & 1692i ( b ) were committed & need to be stopped. My privacy rights per the privacy act of 1974 were violated & 15USC 1692c ( b ). Shellpoint has admitted for the record they are just the servicer ( not the owner ) and could never properly validate the debt. They must cease and desist all collection activity & these abusive practices must stop. Please help enforce this and delete this fraudulent account immediately. Thank you.

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