Consumer complaint received 2024-08-13
Product: Debt or credit management — Mortgage modification or foreclosure avoidance
Issue: Unauthorized withdrawals or charges — 
Company: Shellpoint Partners, LLC (FL)

Statement of Facts and Background : On XX/XX/XXXX, XXXX XXXX obtained her Credit Report/Scores and identified that the actual bank lender to which she was sending monthly payments was XXXX ( now XXXX ), under account # XXXX, with a XXXX balance owed ( {$0.00} ) as reflected by the three Credit Bureaus : XXXX, XXXX, and XXXX. If the account was paid off, why did SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing create a fake debt and fraudulently file a foreclosure action against XXXX XXXX XXXX? There is no record of the transfer and assignment or settlements between XXXX and SPECIALIZED LOAN SERVICING LLC XXXX Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing. ( EXHIBIT A Smart Credit Report ) On XX/XX/XXXX, XXXX XXXX sent an Affidavit of Truth outlining all violations committed by SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing under 15 U.S. Code, Subchapter V Debt Collection Practices, and 12 CFR-1026.13 ( d ) 1. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to the affidavit. ( EXHIBIT B ) On XX/XX/XXXX, XXXX XXXX sent another letter requesting SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing to validate the alleged debt. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX specific allegations. ( EXHIBIT C ) On XX/XX/XXXX, XXXX XXXX sent another correspondence refusing SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicings offer to contract with her and again enclosed the prior affidavit and validation of debt requests. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX specific allegations and questions. ( EXHIBIT D ) On XX/XX/XXXX, XXXX XXXX filed a complaint with the Consumer Financial Protection Bureau ( CFPB ) to assist with obtaining a response from SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing. On XX/XX/XXXX, SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing responded with false statements alleging that MERS is the transferee and that MERS has the authority to pursue the foreclosure action. ( EXHIBIT XXXX ) On XX/XX/XXXX, XXXX XXXX sent a Conditional Acceptance to SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing, accepting their offer only if SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing produced factual evidence proving their legal standing to pursue a foreclosure and to collect the alleged debt. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX specific allegations and questions. ( EXHIBIT F ) On XX/XX/XXXX, XXXX XXXX filed a XXXX financial statement claiming a security interest, asserting that she is the real party in interest and the Beneficial and XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX ( EXHIBIT G ) On XX/XX/XXXX, SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing filed a complaint against XXXX XXXX, and on XX/XX/XXXX, SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing filed an Amended Complaint. 

On XX/XX/XXXX, XXXX XXXX sent SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing a final Notice to Cease and Desist, as SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX specific allegations. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing continued to harass XXXX XXXX, attempting to hold her responsible for a fake and fraudulent debt. ( EXHIBIT H Notice to Cease and Desist ) On XX/XX/XXXX, XXXX XXXX filed IRS Form XXXX, appointing the court judge as the Trustee and to set off the account on behalf of the XXXX and XXXX XXXX XXXX, XXXX XXXX and XXXX XXXX XXXX XXXX XXXX. XXXX XXXX informed the court that she is not the trustee in this XXXX action and stated her special appearance in court, challenging personal jurisdiction at any time during the case. ( See Docket under XX/XX/XXXX, filing ) On XX/XX/XXXX, XXXX XXXX filed a motion to vacate the default and final judgment due to lack of subject matter jurisdiction. The request was denied without explanation, and XXXX XXXX was not allowed to speak during a brief Zoom hearing. 

On XX/XX/XXXX, XXXX XXXX filed a motion titled Answer and Affirmative Defenses to SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing 's Verified Amended Complaint for Foreclosure of Mortgage. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX allegations of fraud, thus demonstrating a lack of standing. 

On XX/XX/XXXX, XXXX XXXX filed a motion with acknowledgment and proof of her lawful and legal status as the XXXX and XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX. XXXX XXXX requested the court trustees ( XXXX of Courts and XXXX XXXX XXXX ) to set off the account. The trustees failed to set off the account despite their fiduciary duty to manage the Estates account for the benefit of the beneficiaries. 

On XX/XX/XXXX, a filing/comment appeared on the docket titled file created, and Original Note and Mortgage placed in the file. XXXX XXXX could not view the original note and mortgage, suggesting it was either removed or never attached to the filing. 

On XX/XX/XXXX, XXXX XXXX XXXX to Set Aside Default and Vacate Final Judgment was denied by Judge XXXX XXXX XXXX, and the foreclosure was ordered to proceed on XX/XX/XXXX. 

On XX/XX/XXXX, SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing e-filed an assignment of bid to the XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, the current trustee for this mortgage account. XXXX XXXX dealing with securities, has been trading XXXX XXXX mortgage note within a pool of other mortgages. Neither SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing nor XXXX XXXX disclosed the securitization of XXXX XXXX note since XXXX, which constitutes fraud. 

On XX/XX/XXXX, XXXX XXXX filed a XXXX XXXX XXXX to the Court 's Denial for Setting Aside the Default, Final Judgment, and to Stop the Sale, and SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage XXXX XXXX to XXXX XXXX XXXX to Dismiss for Lack of Standing, and a Motion to XXXX XXXX XXXX SPECIALIZED LOAN SERVICING LLC - Now merged as of : XXXX XXXX dba Shellpoint Mortgage Servicing and SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicings Counsels Foreign Agent Registration Statements and Anti-Bribery Documents. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX specific allegations. 

On XX/XX/XXXX, XXXX XXXX filed a Motion to Vacate Final Judgment and Sale Order Due to Misrepresentation. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX specific allegations. 

On XX/XX/XXXX, XXXX XXXX filed an appeal due to due process issues, alleging the lower court failed to allow her to present hard evidence of SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicings fraudulent foreclosure action. XXXX XXXX completed a comprehensive Mortgage Audit Report, proving SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicings fraudulent Lis Pendens filing in the XXXX XXXX XXXX, without a recorded mortgage transfer, and no history of any transfers at all. This evidence shows SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing had no legal authority to bring a foreclosure action or enforce it. 

On XX/XX/XXXX, XXXX XXXX filed a motion : XXXX XXXX 's Amended Answer and Counterclaim. Again, SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing failed to respond to XXXX XXXX specific allegations. 

On XX/XX/XXXX, SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing filed a response to XXXX XXXX 's Answer to the Amended Complaint with Affirmative Defenses, and a request to vacate default and final judgment. SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing again avoided properly answering XXXX XXXX allegations and instead used immaterial responses. 

Conclusion XXXX XXXX has made multiple attempts to resolve this alleged debt issue by sending numerous correspondences to SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing. However, SPECIALIZED LOAN SERVICING LLC - Now merged as of : NewRez LLC dba Shellpoint Mortgage Servicing has consistently failed to respond to XXXX XXXX specific allegations or provide any evidence to prove their standing to pursue or enforce the foreclosure action. This foreclosure complaint is fraudulent, as evidenced by the Mortgage Audit Report.