Consumer complaint received 2024-11-26
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: Shellpoint Partners, LLC (GA)

I am writing to formally complain about the actions of XXXX XXXX, XXXX, Shellpoint Mortgage Servicing, and NewRez LLC XXXX Shellpoint Mortgage Servicing, which have caused significant harm to me and violated several federal laws, including the Truth in Lending Act ( TILA ), the Real Estate Settlement Procedures Act ( RESPA ), and the Fair Debt Collection Practices Act ( FDCPA ). Despite my repeated requests for information and documentation, these entities have failed to comply with regulatory requirements, and I have received no substantive responses to my inquiries. 
In XX/XX/XXXX, I received a notice from XXXX XXXX, XXXX, claiming to be a debt collector acting on behalf of Shellpoint Mortgage Servicing. However, I have no contract or agreement with either Shellpoint or XXXX XXXX. This prompted me to request validation of the alleged debt, as required by law. Unfortunately, despite submitting numerous administrative processes ( AP ) to both XXXX XXXX and Shellpoint, none of these entities provided the necessary documentation or information to substantiate the debt. 
In response to the lack of validation, I submitted a rescind notice, a revocation of power of attorney, and a cease and desist to XXXX XXXX, who falsely claimed to be the attorney-in-fact for me, acting on behalf of Shellpoint Mortgage Servicing. I never consented to either of these entities representing me in any capacity, and their failure to respect my wishes and provide the requested documentation was a direct violation of my rights. 
On XX/XX/XXXX, I received a notice from Shellpoint Mortgage Servicing, claiming they were acting as the servicer for NewRez LLC d/b/a Shellpoint Mortgage Servicing ( referred to as " XXXX XXXX XXXX '' ). After further research, I discovered that " XXXX XXXX XXXX '' is an acronym associated with XXXX XXXX XXXX XXXX not NewRez or Shellpoint, which constitutes a misleading and deceptive practice on their part. In addition, the notice claimed that some of my inquiries were overly broad and unrelated to the servicing of the mortgage, stating that Shellpoint Mortgage Servicing was not required to respond to requests related to the origination, underwriting, sale, or securitization of the loan. They further refused to provide original documents or disclose the custodian of the documents, which is required under federal law. 
Throughout this entire process, XXXX XXXX, Shellpoint Mortgage Servicing, and NewRez d/b/a Shellpoint failed to comply with TILA, RESPA, and other applicable federal and state laws. Despite my numerous requests for documentation, none of the parties involved provided the required validation or responded in a timely manner. This failure to adhere to regulatory requirements not only violates federal consumer protection laws but also deprived me of the opportunity to fully understand and address the alleged debt. 
Additionally, NewRez d/b/a Shellpoint Mortgage Servicing represented itself as a debt collector in certain notices yet failed to be licensed as such in the state of Georgia, as required by law. Despite this, under the direction of Shellpoint Mortgage Servicing, XXXX XXXX improperly foreclosed on my home and subsequently listed it for auction sale. 
As part of my efforts to investigate the validity of the loan, I commissioned a forensic audit, which revealed multiple discrepancies in the loan records : There was no record of the assignment of the loan to the sponsor or depositor, as required by the Prospectus Agreement governing the securitization of the loan. 
There was no assignment of the security deed to XXXX XXXX, which must be filed and recorded before foreclosure can lawfully proceed. 
The security deed and note followed two different paths, with the note being pooled with other loans, suggesting discrepancies in the loan agreement. 
Furthermore, it was discovered that the debt associated with the mortgage was discharged on XX/XX/XXXX, by XXXX XXXX XXXX XXXX, an affiliate of XXXX XXXXXXXX XXXX XXXX XXXX ), which was listed as the servicer in the XXXX database. Given this discharge, Shellpoint Mortgage Servicing and NewRez d/b/a Shellpoint Mortgage Servicing lacked the legal authority to proceed with the foreclosure. Despite this fact, they continued with the foreclosure process and auctioned my home. 
As a result of these unlawful actions, I have suffered significant harm, including emotional distress, financial damage, and damage to my credit. I submitted an amended complaint to the county regarding the foreclosure, which is still under review. 
While I am fully prepared to pursue this matter through legal means, I am also open to exploring an amicable resolution outside of court, provided that the resolution fully addresses the violations of consumer protection laws and compensates me for the damages I have suffered. However, if an equitable settlement can not be reached, I will continue to seek full restitution through the appropriate legal channels, including ongoing court proceedings. 
Given the egregious nature of these actions and the significant harm I have endured, I respectfully request that the Consumer Financial Protection Bureau ( CFPB ) take immediate action to investigate this matter and assist in resolving this issue in a fair and just manner. 
Thank you for your attention to this serious matter. I look forward to your prompt and thorough investigation into this issue and to a potential resolution of this matter outside of court