Consumer complaint received 2024-09-12
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Shellpoint Partners, LLC (MA)

My XXXX mortgage loan has changed hands several times. Shellpoint/NewRez has no evidence that they legally have my note. 

On XX/XX/XXXX, Shellpoint/NewRez received a WRITTEN REQUEST/ PRESENTMENT LETTER from me via mail. I followed up with numerous phone calls and spoke with several representatives who confirmed that Shellpoint/NewRez had received my letter and was working on a response. A letter dated XX/XX/XXXX was sent to me from Shellpoint/NewRez requesting more time to research my request.

I completely understood that Shellpoint/NewRez would need more time to research my request. My request pertained to a mortgage debt that Shellpoint/NewRez was pursuing collection on with a foreclosure of my primary residence scheduled for XX/XX/XXXX, at XXXX. My letter requested for original documents and signatures to validate Shellpoint/NewRez legal right to collect on the debt. The first letter and subsequent emails/letters stated that by law all collection activities had to be placed on hold while Shellpoint/NewRez researched my request. Shellpoint was/is still trying to collect debt that I have legal ground to believe is no longer collectible. 
On XX/XX/XXXX, three days before the XX/XX/XXXX, at XXXX foreclosure sale, I spoke with a Shellpoint/NewRez representative who instructed me to email Shellpoint/NewRez to once again reiterate to Shellpoint/NewRez in writing that all collection had to be placed on hold while Shellpoint/NewRez research my request. I also took steps to contact MA Attorney General 's office ( AG ) and The Division of Bank ( DoB ), to give Shellpoint/NewRez an opportunity to adhere to the law. DoB gives homeowners the right to make a one-time request to postpone a pending foreclosure. DoB confirmed that the request to postpone the XX/XX/XXXX, foreclosure was sent to and received by Shellpoint/NewRez, yet neither Shellpoint/NewRez nor its foreclosure Attorney ( XXXX XXXX XXXX # XXXX XXXX XXXX XXXX XXXX XXXX XXXX ever replied to the DoB request. The AGs office also tried to reach out to Shellpoint/NewRez attorney on my behalf, he never responded. 
On XX/XX/XXXX, the day of the schedule foreclosure, DoB attempted to reach Shellpoint/NewRez to get a response. AG 's office tried to reach Attorney 's XXXX to get a status. I was on the phone until XXXX XXXX. We could not get any response, and the foreclosure had not been placed on hold. Subsequently, I had to go to bankruptcy court to file bankruptcy to stop Shellpoint/NewRezs illegal attempt to collect a debt which Shellpoint/NewRez has not been able to furnish original records for.

As a result of the bankruptcy, my credit score, which was XXXX the day before filing for bankruptcy, dropped more than XXXX points. This is happening to me because Shellpoint/NewRez decided to abuse its power, disregard consumer laws and cause mayhem in my life. 
On XX/XX/XXXX ( nearly a month later while in bankruptcy ), I finally received a secured email with an attached letter, which Shellpoint/NewRez XXXX XX/XX/XXXX ( the date of the foreclosure ). The email was sent in lieu of a regular mail, I believe, because Shellpoint/NewRez had to date the letter on or before XX/XX/XXXX. Again, the law requires all collection to be placed on hold until a creditor such as Shellpoint/NewRez replies to any qualified request. Since Shellpoint/NewRez kept moving forward with its debt collection activities, the only way Shellpoint/NewRez could show adhered to the law is to send me a response, a debt validation letter, which was not the request, supposedly written on XX/XX/XXXX. No one believes it would take 28 days for an email to be delivered through the world wide web in XXXX. As of the day of this complaint, Shellpoint/NewRez is still asking the bankruptcy court for more time to provide proof of claim for the debt Shellpoint/NewRez attempted to collect through an illegal foreclosure, which lead to my first bankruptcy.

I have been suffering financially and emotionally because of Shellpoint/NewRez unethical, deceptive and unfair practices. These unscrupulous debt collectors are causing mayhem in consumers lives. This alleged mortgage debt has caused me my career and has kept me in constant fear of homelessness. I am reaching out to the CFPB to alert the bureau of this illegal debt collection activity by Shellpoint/Newrez and to seek all the legal remedies that may be available to me. 

Respectfully, Signed by XXXX XXXX