Consumer complaint received 2024-09-20
Product: Debt collection — Mortgage debt
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: Shellpoint Partners, LLC (CA)

Newrez LLC dba Shellpoint Mortgage Servicing XX/XX/XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX Re : Client Account Number ************ Re : Error Resolution Notice under 12 C.F.R. 1024.35 Qualified Written Request ( QWR ) We received a Debt Collector correspondence from Newrez LLC dba Shellpoint Mortgage Servicing ( SMS ) dated XX/XX/XXXX ( attached ) which alleges that it attempted to contact us by first class mail as well as on at least three ( 3 ) occasions by phone to discuss and access your financial situation... 
We dispute each claim as false, made with SMS 's full knowledge of the falsity as presented and with an intent to damage our financial condition by filing false credit reports and alleging to seek foreclosure on our property. Our phones have records for all calls received. No calls have been received from Shellpoint Mortgage Servicing. 
Each month we submit our full monthly mortgage payment via a cashier 's check made out for the listed monthly amount due and mail it with certified, tracked mail with a return receipt. We allege that XXXX XXXX XXXX, parent of Newrez dba Shellpoint Mortgage Servicing, recently acquired prior loan servicer ( XX/XX/XXXX ) XXXX XXXX XXXX XXXX Specialized Loan Servicing , LLC and prior loan servicer XXXX XXXXXXXX XXXX  XXXX. which used various alias business XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  all failed to follow either California and/or Federal laws regarding Fair Debt Collection Practices Act, including 12 CFR 1026.36 ( c ) ( 1 ), misuse of funds received and other laws as has been previously submitted to the previous loan servicers in 16 qualified written requests and in complaints to Consumer Financial Protection Bureau and Federal Trade Commission : Loan History : Our loan was negotiated with XXXX XXXX  XXXX XXXX XXXX, a wholesale mortgage broker, on XX/XX/XXXX based on a 30-year adjustable rate loan used to finance the construction of an additional residential unit [ in-law ] to our Single Family Home. The loan basis of 6.00 % was added to 6-month XXXX  with initial loan having variable interest rate starting at 6.300 %. It is our understanding that Shellpoint Mortgage Servicing is continuing a pattern of violation of applicable legal limits to interest rate [ now listed as 10.7500 % ] charges per CA Civil Code 1916.5 et seq.

We dispute Shellpoint Mortgage Servicings ' allegation of any amount owed to fulfill the terms of your credit obligations. We also dispute your rights to threaten a foreclosure on our property when we pay our mortgage every single month. 
Request : per Federal Law CFR1024.32 & 1024.36 ( d ) ( 1 ) and Section 6 of the Real Estate Settlement Procedures Act Shellpoint Mortgage Servicing is required to provide : 1. An accounting that is organized by date and month sequentially from present through servicing by Specialized Loan Servicing, LLC, 2. Provide a record of all payments received and distributions of those payments with complete descriptions for each entry and a running balance of the alleged loan amounts and interest paid including those charges made while Specialized Loan Servicing ( purchased by XXXX XXXX XXXX, parent of Newrez dba Shellpoint Mortgage Servicing ) was servicing/collecting our monthly mortage payments ; 3. All charges are required to provide a complete reconciliation of charges with receipts, proof of payments, complete information of the vendor or service provider that SMS or predecessor Specialized Loan servicing, LLC claims to have charged against our loan account ; 4. Plus provide full contact information including name and phone number supporting each charge applied to our account ; 5. Shellpoint Mortgage Servicing ( SMS ) must show a full 12 month time frame of account records for each year. For tasks 1 through 5 SMS must completely answer the requirements or elect to remove any and all charges. I.E. providing a ledger of unsupported charges without substantiating facts does not satisfy the above requirements.

6. Shellpoint Mortgage Servicing is required to provide the name, title and phone number of the person authorized to discuss this accounting with us as is required. SMS is required to provide the name, title, phone number and mailing address of a single point of contact per Regulation X 1024.36 ( d ) ( 1 ) ( i ) & ( ii ) at Shellpoint Mortgage Servicing to facilitate any queries that may arise. 
Previously XXXX XXXX XXXX XXXX. and aliases and Specialized Loan Servicing LLC have diverted mortgage payment funds we paid for their own purposes without any right to do so. In addition, each prior loan servicer has held onto payments of reversed payments, but retained the funds for their own gain. These actions preceded attempted non-judicial foreclosure filings with XXXX XXXX XXXX and scheduled courthouse sale dates. Please note that all previous non-judicial foreclosure attempts were withdrawn with loan servicer 's foreclosure agent filing a Notice Rescission of Notice of Default/Notice of Sale at XXXX XXXX XXXX Recorders ' office. However the costs to defend our home from these reckless and abusive malicious foreclosure attempts have been borne by us at great expense and to our financial damage. 
At this time, as in the past, we allege that Shellpoint Mortgage Servicing is acting as a thief and committing grand larceny. Let us reiterate, WE ABSOLUTELY DISPUTE Shellpoint Mortgage Servicing 's RECORD of fiscal information concerning our account. 

Sincerely, ****** ****** cc : California Department of Real Estate Consumer Financial Protection Bureau