Consumer complaint received 2023-08-09
Product: Mortgage — Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — 
Company: Shellpoint Partners, LLC (NY)

The case at hand presents a distressing pattern of misconduct and deception by the bank, as it undertook a fraudulent foreclosure against the Florida estate representatives for a New York property, disregarding my rightful ownership and succession as the individual owner. This ordeal began when I faced financial hardships due to hurricane damage, and despite my efforts to seek the bank 's endorsement of the insurance damage claim funds to carry out repairs, the bank refused and questioned my rights to both the property and the claim funds. This decision left the property repairs and ownership in limbo, causing confusion and uncertainty. 

Throughout the proceedings, the bank has consistently violated my rights, misled the court, and made deceptive claims to obstruct fair negotiations. Despite diligently executing valid assumption documents upon the bank 's request, they failed to process the assumption promptly and proceeded with foreclosure against the Florida estate representatives. This dual tracking not only misled and confused all parties involved but also violated fair negotiation practices, RESPA, and other applicable laws. 

Their actions go beyond mere negligence ; they reveal a calculated attempt to deprive me of my property rights and manipulate the legal system to achieve their goals unlawfully. This has undermined the integrity of the foreclosure process and cast serious doubts on the legitimacy of the bank 's foreclosure proceedings. 

Given the gravity of the situation and the bank 's repeated violations, it is crucial for me to seek immediate legal counsel to protect my rights and assert my claim as the rightful owner. I may be entitled to remedies such as voiding the fraudulent foreclosure judgment, damages for violations of my rights, and appropriate sanctions against the bank for their misconduct. 

Furthermore, I must emphasize that I diligently notified the bank immediately after the passing of XXXX, providing them with the Will that clearly identifies me as the devisee and successor in interest, along with a formal request to take over the loan. However, despite my proactive efforts to comply with their procedures, the bank inexplicably failed to process the necessary successor-in-interest documents, leaving the property 's ownership and loan status in a state of uncertainty. 

Additionally, when the hurricane damage occurred, it introduced a new issue that further complicated matters, putting the property in limbo and exacerbating the existing complexities. At this point, it became evident that the bank 's violations began long before the foreclosure proceedings. Their reluctance to recognize me as the rightful successor in interest and their refusal to endorse the insurance damage claim funds caused unnecessary hardships, even though I continued to make payments despite their inaction. 

The situation raises serious concerns about the bank 's compliance with RESPA laws concerning successors in interest. RESPA explicitly requires servicers to respond promptly and appropriately to borrowers ' requests, including those related to successor-in-interest documentation. Yet, the bank 's failure to act expeditiously upon receiving my notification and valid documents only compounded their misconduct. 

Given the bank 's long-standing violations, it is evident that my rights were significantly impacted long before the foreclosure proceedings. Their misleading actions, fraudulent foreclosure, and attempt to deprive me of my property rights are reprehensible and warrant immediate legal action to protect my interests. 

In conclusion, this case reveals a distressing pattern of misconduct by the bank, starting from the moment I notified them of my rightful succession and continuing throughout the foreclosure proceedings. Their repeated violations of RESPA laws concerning successors in interest and their refusal to recognize me as the rightful owner of the property are deeply troubling. My diligent efforts to comply with their procedures were met with negligence and deception, jeopardizing my property rights. 

In light of the egregious conduct displayed by the bank, I seek your support and intervention to bring attention to this injustice. How could such blatant violations of my rights and misleading actions be allowed to persist? As I fight not only for my homestead but also for my rights, I urge you to address this matter urgently and take the necessary steps to ensure justice prevails. 

Attachment : List of Specific Concerns for Investigation 1 ) Clarify the court 's acknowledgment of XXXX XXXX 's undisputed ownership of the property and the subsequent denial of the motion to include XXXX XXXX as a necessary party in the foreclosure proceedings. 

2 ) Investigate the contradictions surrounding the court 's decision to pursue legal action against estate representatives who lack ownership rights while recognizing XXXX XXXX 's ownership of the property. 

3 ) Examine the implications of allowing foreclosure proceedings to continue under a judgment based on an estate that lacks ownership and authority over XXXX XXXX 's property. 

4 ) Assess the potential violation of federal law, specifically the Garn-St. Germain Act, in light of the bank 's refusal to acknowledge certain assumptions by successors in interest.

5 ) Investigate the practice of dual tracking, wherein foreclosure proceedings and loan modification discussions occur simultaneously, potentially violating fair negotiation practices mandated by the Real Estate Settlement Procedures Act ( RESPA ).

6 ) Examine the issue of subject matter jurisdiction, particularly the court 's jurisdiction over the Florida estate and the representatives ' authority outside the Florida jurisdiction concerning the New York property. 

7 ) Investigate the bank 's willful neglect to join XXXX XXXX as a necessary party in the proceedings despite being aware of XXXX XXXX 's ownership interest and position as the successor in interest. 

8 ) Assess the limitations on a deficiency judgment, considering the absence of personal liability for XXXX XXXX, who was not named in the mortgage contract. 

9 ) Investigate the request to account for insurance proceeds received from XXXX XXXX after property damage, and the bank 's failure to provide an accounting of these funds.

10 ) Investigate the ethical implications of all parties involved standing by while being aware of XXXX XXXX 's ownership, yet allowing the foreclosure proceedings to continue. Examine the ethicality of drafting a judgment for the Florida estate, which lacks ownership and authorization over XXXX XXXX 's New York property. 

This additional point highlights the ethical concerns surrounding the case and the potential harm that could result from allowing the foreclosure proceedings to proceed without addressing XXXX XXXX 's ownership. It emphasizes the need for a thorough investigation into the ethical considerations of all parties involved in this matter. 

Sincerely, XXXX XXXX