Consumer complaint received 2024-09-25
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Shellpoint Partners, LLC (FL)

I am filing this complaint regarding significant procedural and legal anomalies in a foreclosure action involving my property at XXXX XXXXXXXX XXXX XXXX XXXX XXXX, FL XXXX. Case XXXX XXXX Key Facts : I paid {$150000.00} in cash for this property at a foreclosure auction on XX/XX/XXXX ( Case No. XXXX ). The title, according to public records, was free and clear at the time of purchase. 

I subsequently invested significant funds in major renovations, for roofing, plumbing, electrical upgrades, and other improvements totalling {$74000.00}.

I also paid around {$7500.00} to satisfy all existing dues and liens associated with the property, ensuring that it was free of any encumbrances. 

Despite these steps, US Bank XXXX XXXXXXXX XXXX is foreclosing on a mortgage tied to a previous ownerfour or five owners before mewhich should have no bearing on my ownership of the property. This action amounts to an unlawful taking of the property, since there are no public records showing that the lis pendens was reinstated or that a Mortgage or Deed of Trust exists. This is effectively stealing the property from me.

XXXX XXXX XXXX  XXXX  guidelines require that the loans it purchases have all necessary legal documentation, including a recorded Deed of Trust or Mortgage. These guidelines ensure that any lender, XXXX XXXX, or the servicer on its behalf, can enforce the loan through foreclosure if necessary. In this case, such documentation does not exist in the public records, making the foreclosure by US Bank XXXX XXXX XXXX improper and unlawful. 

Despite taking these steps and acting in good faith, I was later informed by US Bank XXXX XXXX XXXX that I have no rights to the property. They proceeded to take the property away from me through a foreclosure process that is riddled with procedural and legal irregularities. 

During the case was open the proposed property was sold 3 times by XXXX XXXX XXXX - XXXX of the Parties of the foreclosure case. These sales, on XX/XX/XXXX XX/XX/XXXX, XX/XX/XXXX illustrates a pattern likely intended to profit from the resulting procedural chaos and legal loopholes. The detailed timeline of procedural delays, strategically timed filings, and repeated property transactions among affiliated entities strongly indicates a pattern of collusion and fraudulent manipulation. These actions have not only harmed My rights but also compromised the integrity of the judicial system. 

It is logical to assume that after the first sale on XX/XX/XXXX, nothing prevented XXXX XXXX from completing the foreclosure process. But for some unknown reason, the time was delayed, the public records did not change, and on XX/XX/XXXX, a substitute party was introduced. 

Timeline and Key Events : XXXX XXXX, XXXX : The Certificate of Title was recorded in XXXX XXXX XXXX Book XXXX, Page XXXX ). This officially confirmed my ownership of the property. 
-XXXX  XXXX, XXXX : The property was initially purchased by XXXX XXXX XXXX XXXX through his company XXXX XXXX XXXX at a foreclosure auction. The title at the time of purchase was clear, with no lis pendens recorded against it. 
XXXX XXXX, XXXX : XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX  XXXX filed a defective lis pendens against the property, which was later XXXX. 
XXXX XXXX, XXXX : The order to dissolve the lis pendens filed by XXXX XXXX  was recorded in the public records ( XXXX XXXX ). 
XXXX XXXX The property was sold to Dream XXXX XXXX XXXX XXXX XXXX in XXXX XXXX XXXX foreclosure case. Motion to intervene and motion to vacate sale was filed by attorney XXXX XXXX XXXX that resulted in dissolution of sale and refund of funds XXXX XXXX, XXXX : The property was transferred from XXXX XXXX XXXX XXXX Florida XXXX Mortgage XXXX another entity owned by XXXX XXXX XXXX a foreclosure sale. During this period, the title remained clear of any encumbrances. 
XXXX XXXX, XXXX : A court order was issued to retroactively reactivate the previously XXXX lis pendens. However, this reactivation was never properly recorded in the public records, leaving no constructive notice for future purchasers. 
XXXX XXXX, XXXX XXXX party to US Bank XXXX XXXX, XXXX, is the XXXX calendar day after the property was sold at auction to XXXX. For unknown reasons US Bank did not request money that they are claiming are owed to them ; instead, they filed an Affidavit of Indebtedness along with an exhibit containing documents dated XX/XX/XXXX. 
XXXX to XX/XX/XXXX : I directly communicated with US Bank , requesting updates on the foreclosure proceedings. Despite my efforts, I was not informed of any ongoing actions, and the foreclosure proceeded without proper notice to me. 
-XXXX  XXXX, XXXX : US Bank XXXX XXXX XXXX filed a Certificate of Compliance with Foreclosure Procedures, which contained critical documentation errors, including discrepancies regarding the original lender. 
XXXX XXXX, XXXX : I filed a motion to intervene with the court, providing evidence that US Bank XXXX XXXX XXXX XXXX proof of ownership of the debt and pointing out discrepancies in their documentation. Despite this, my motion was disregarded. 
-May XXXX, XXXX : The property was sold at a foreclosure auction despite significant procedural irregularities, including the lack of proper notice and the unrecorded lis pendens. The US Bank XXXX XXXX XXXX repurchased the property. 
-May XXXX, XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX attempts to evict my tenants from the property, once coming in a mask and frightening the tenants ' children. He claimed to have an agreement to sell the property, though I was never notified of this sale, and there are no documents showing another owner for the property. 
-May XXXX, XXXX : I filed an appeal against the courts decision, seeking to reverse the foreclosure sale and recognize my ownership rights over the property. 

Issues : XXXX Unrecorded Lis Pendens and Lack of Constructive Notice : The XXXX pendens that was retroactively reactivated on XX/XX/XXXX, was never properly recorded in the public records. According to Florida law, a lis pendens must be recorded to provide constructive notice to all interested parties. The failure to record the lis pendens meant that I, as a subsequent purchaser, had no way of knowing about its existence. This omission undermines the validity of the foreclosure process and the appellee 's claim against the property. 
XXXX Procedural Irregularities : The foreclosure was conducted despite significant procedural inconsistencies, including the case status fluctuating between 'closed ' and 'reopened ' without proper judicial oversight. My pending motions were also not addressed before the foreclosure auction. 
XXXX Documentation Errors : On XX/XX/XXXX, the appellee filed a Certificate of Compliance with Foreclosure Procedures, which contained critical errors, including discrepancies regarding the original lender. The mortgage note and assignment list different entities ( XXXX XXXX, XXXX, and XXXX, XXXX ), and there was no proper chain of title. 
XXXX Lack of Proper Recording of Mortgage or Deed of Trust : There was never a public record of a mortgage or deed of trust from US Bank, XXXX  or XXXX XXXX  related to this property. This absence raises significant questions about the legitimacy of the foreclosure and the appellee 's standing. XXXX XXXX XXXX  servicing guidelines require that the loans it purchases have all necessary legal documentation, including a recorded Deed of Trust or Mortgage, which is absent in this case. 
XXXX Violation of Due Process and Human Rights : Despite presenting evidence that US Bank XXXX XXXX XXXX lacked the right to foreclose, the court proceeded with the auction, resulting in the loss of the property. The subsequent attempts to evict my tenants without proper legal basis and the frightening of their children constitute a violation of their and my rights. 
Given these issues, I am requesting that the CFPB intervene and address the significant legal and procedural anomalies in this foreclosure process. I seek the reversal of the foreclosure sale, recognition of my ownership rights over the property, and protection of my rights as a property owner.