Consumer complaint received 2022-10-24
Company: Shellpoint Partners, LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Foreclosure DISPUTE in compliance with following LAWS CFR 1024.41 ( f ) ( 3 ) ( i ) ( B ) Prohibited Foreclosure Action, CFR 1024.38 ( b ) ( 1 ) ( v ), 8.3A-118 ( a ) Virginia State Statute of limitations, CFR 1024.33 ( B ), CFR 1024.41, CFR 1024.36 ( a ), CFR 1024.35 ( a ) ATTENTION : CFPB enforcement and compliance department ATTENTION Shellpoint MORTGAGE SERVICING I have illegal, unlawful and wrongful foreclosure sale setup for - XX/XX/XXXX ( explanation provided below ). This Notice of illegal, unlawful and wrongful LIEN enforcement is UNLAWFUL ILLEGAL requires VALID LEGAL enforceable NOTE in state of VIRGINIA must comply with 8.3A-118 ( a ) Virginia State Statute of limitations. CFR 8.3A-118 ( a ) Virginia State Statute of limitations already expired on LOAN/NOTE on XX/XX/XXXX ( 6 years after loan is accelerated ) base on notice dated XX/XX/XXXX. Shellpoint mortgage servicing can not ignore VIRGINIA STATE LAWS. Shellpoint mortgage servicing already acknowledged statute of limitations CFR 8.3A-118 ( a ) but provided false information and failed to act appropriately according to VIRGINIA state LAWS.

Shellpoint Mortgage Servicing is violating above mentioned LAWS and providing FALSE, Fraudulent information, never provided any documents on past disputes and failed to provide any documents requests ( CFR 1024.36 ) related to UNLAWFUL, ILLEGAL AND WRONGFUL FORECLOSURE ACTION. 
I request shellpoint mortgage servicing to stop/cancel this sale set for XX/XX/XXXX and provide validation and LEGAL accounting DEBT involved in this loan. SHELLPOINT FAILED TO PROVIDE ANY DOCUMENTS VALIDATING ANY INFORMATION on history of loan. 
I request CFPB to help me get PROPER VALID LEGAL ACCOUNTING under CFR 1024.38 ( b ) ( 1 ) ( v ) and validation of NOTE/LOAN involved in illegal, unlawful Foreclosure action and also NOTE/loan complies with statute of limitations set by state of Virginia 8.3A-118 ( a ).

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} Unpaid Principal balance of LOAN = {$630000.00} Original amount recorded in clerks office = {$590000.00} Date of last payment received by servicer XX/XX/XXXX = {$9400.00} Following Violations are found in this UNLAWFUL, ILLEGAL and WRONGFUL FORECLOSURE ACTION 1. 1024.41 ( f ) ( 3 ) ( i ) ( B ) Prohibited Foreclosure Action The statute of limitations applicable to the foreclosure action being taken in the laws of the State of Virginia Statute of limitations 8.3A-118 ( a ) where the property securing the mortgage loan is located EXPIRED on about XX/XX/XXXX based on date NOTE/LOAN ACCELERATED. 
Acceleration Notice dated : XX/XX/XXXX ( proof attached ) Accelerated DATE : XX/XX/XXXX ( PROOF ATTCHED ) IN state of VIRGINIA lien enforcement required VALID LEGAL NOTE must be compliant with Statute of limitations 8.3A-118 ( a ). NOTE/LOAN CONTRACT is no longer VALID LEGAL DOCUMENT since XX/XX/XXXX. 
2. CFR 1024.38 ( b ) ( 1 ) ( v ) General servicing policies, procedures, and requirements. ( 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. FORECLOSURE NOTICE INFORMATION is disputed, false, fraudelent and incorrect and violates this LAW. Shellpoint mortgage servicing failed to provide and information or documents that validates any information in illegal, unlawful and wrongful foreclosure NOTICE.

3. CFR 1024.33 - Illegal Mortgage Servicer Transfer Shellpoint Mortgage servicing fails to provide any documents related to transfer of NOTE/LOAN with expired statute of limitations violating CFR 1024.36 ( a ). proof attached 4. CFR 1024.38 ( b ) ( 1 ) ( v ) General servicing policies, procedures, and requirements. ( 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 failed to provide any such information that validates this illegal, unlawful and wrongful Foreclosure action.

5. CFR 1024.41 Loss mitigation procedures - Shellpoint mortgage servicing also involved in dual tracking and evasive prohibited loan modification practices. Shellpoint mortgage servicing MUST provide valid legal modification offers. SINGLE POINT of contact doesn't respond to any inquiry. SUPPOSE TO HELP HOMEOWNER. Shellpoint mortgage serving also using evasive illegal modification practices as stated above - meant to help home owners.I have XXXX  XXXX XXXX countrywide mortgage past due since XXXX ( Loan is part of Mortgage crisis ). Due to lender involved in lending fraud my loan kept changing services - services always tried to foreclose using DUAL TRACKING while working on modification. MODIFICATION must be LEGAL based on offers or availability based on income and affordability. 
6. 1024.35 Error resolution procedures. ( a ) Notice of error NEW notice of ERROR is attached. MUST comply with notice and provide a resolution in applicable time period.

7. CFR 1024.36 ( a ) Information request NEW request attached MUST comply and provide information in applicable time period. This DOCUMENT request is QWR qualified written request for MORTGAGE history with all transaction and payments received on LOAN since inception.

No documents received on previous requests. DONOT include any solicitation offers.

8. This is a XXXX XXXX XXXX XXXX XXXXXXXX mortgage past due since XXXX ( Loan is part of Mortgage crisis 0f XXXX ). Due to lender involved in lending fraud my loan kept changing services - services always tried to foreclose using DUAL TRACKING while working on modification. This note/loan is part of XXXX XXXX settlement and Investor : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) trustee securitized trust claimed and received {$1.00} XXXX. XXXX XXXX XXXX LOAN/note ALREADY paid under XXXX XXXX settlement. Due to lender involved in lending fraud my loan kept changing services - services always tried to foreclose using DUAL TRACKING while working on modification. 
My only goal is to keep my home and save my family from this illegal, unlawful and wrongful Foreclosure action. 
I request CFPB to help me get proper workout on modification, validation of NOTE/LOAN involved in illegal, unlawful Foreclosure action and also NOTE/loan complies with statute of limitations set by state of Virginia 8.3A-118 ( a ). 
I am principal residence of property since XXXX. I want to keep my home- I have been maintaining this property for last 15 years. My only goal is to keep my home and save my family from this event after 15 years of residency. 
I filed new dispute but shell point servicing no longer responding to nay request its already past 120 days NO documents received Notice attached. Previous disputes not provided any documents based on following laws : I uploaded response received stating I disputed debt but noting received regarding debt and Virginia State Statute of limitations 8.3A-1189 ( a ) violations.

CFPB foreclosure guidelines states servicer should honor state laws on statute of limitations and comply with applicable LAWS I did disputes but servicer doesn't respond. Shellpoint Mortgage should honor CFPB regard statute of limitations and cancel foreclosure pending investigation on above claims. 
This is XXXX XXXX XXXX  XXXX mortgage - servicer using same illegal procedures Please start inquiry in practices of shell point mortgage servicing as it fails to follow applicable CFPB and VIRGINIA STATE LAWS Thanks,

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