Consumer complaint received 2024-05-31
Product: Debt collection — Mortgage debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Shellpoint Partners, LLC (CA)

I am writing to file a formal complaint against XXXX XXXX XXXX, XXXX, not in its individual capacity but solely as trustee for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for multiple violations of the Fair Debt Collection Practices Act ( FDCPA ), any of the provisions of 15 U.S.C. 1692b to 1692j 15 U.S. Code 1692, Title 18 USC Ch. 47, 15 U.S. Code 1635, Commercial Contract Law, Public Policy HJR-192, Bill of Exchange and California Civil Code Section 2924.

Despite my many attempts to contact the Agency for validation and full disclosure of this alleged debt/loan ( see attached letters ), they have FAILED to provide full disclosure documentations. Meanwhile, WITHOUT fully validating the alleged debt/loan, they are agressively persuing foreclosure of my home by unlawfully appointing XXXX XXXX XXXX XXXX XXXX  as a new Trustee without Assignment Notice to send Notice of Default and Notice of Trustee 's Sale and XXXX XXXX XXXX XXXX to conduct the Trustee 's Sale on XX/XX/XXXX without my authorization nor consent. Disregard my numerous requests to the Agency to comply Cease and Desist order or to postpone Trustee 's Sale date until they can prove they are the legitimate Holder of Beneficial Interest of this alleged loan, instead, they continue to threat and harrass me to take away the property if I don't pay them. Under tremendous distress and pressure to protect my first and only home from foreclosure which I bought in XXXX with all my savings and have ever since been paying the loan with all my hard earned money, it left no choice but to file XXXX XXXX XXXX ( 1st time filing ) to protect the Agency from conducting Trustee 's Sale and siezing property and its equity. Both foreclosure and bankruptcy have completely destroyed all the good credit and good reputation I have tried so hard to built. However, they still DID NOT stop their foreclosure process. On next day after they were notified the XXXX filing on XX/XX/XXXX, they continue to proceed with the foreclosure by re-scheduling the Trustee 's Sale to XX/XX/XXXX. ( see attached ). Not only they use abusive power to foreclose my house, they also use deceptive means to inflate the alleged debt/loan like stating {$920000.00} as estimated initial publication of Trustee 's Sale amount. How could this amount are much more than initial Promissory Note Amount of {$880000.00} plus at least over XXXX years of consistant mortgage payments? A letter from XXXX XXXX XXXX dated on XX/XX/XXXX stated alleged owner ( beneficiary ) of this alleged loan is XXXX XXXX XXXX XXXX, not in its individual capacity but solely as trustee for XXXX XXXX XXXX XXXX which is completely different from Notice of Trustee 's Sale stated as XXXX XXXX XXXX XXXX, XXXX, AS NOMINEE FOR MORTGAGE BANK OF CALIFORNIA , ITS SUCCESSORS AND ASSIGNS, as beneficiary. Who's the real owner of this alleged loan? To find out the Truth about this alleged loan, I hired a third party expert to conduct a thorough Mortgage Audit. The report came back and proved they conducted mortgage fraud by doing fraudulent foreclosure. ( see attached ) In conclusion, as a reputable Consumer Financial Protection Bureau, could you please conduct thorough investigations and examination of evidence and potential remedies to protect us from unfair, racketeering and fraudulent debt collection practices to enforce consumer protection laws and holding financial institutions accountable?