Consumer complaint received 2023-09-16
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Shellpoint Partners, LLC (CA)

Im getting notices from Mortgage Servicer Shellpoint Mortgage Servicing ( Shellpoint ) and XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) threatening me with foreclosure. Shellpoint and XXXX falsely represented to Borrower that their ( Shellpoints ) attorney was meaningfully involved in preparing and filing the foreclosure action ( Recording NOD NOT ), violating the Fair Debt Collection Practices Acts ( FDCPA ) prohibition against collecting debts by using false, deceptive, or misleading representations and the Consumer Financial Protection Acts prohibition against deceptive acts and practices. The mortgage Note and Deed of Trust ( DOT ) & Assingnments of DOT in question was originated by XXXX XXXX XXXX XXXX XXXX XXXX. This Mortgage Loan was originated on XX/XX/XXXX. The Deed of Trust listed XXXXXXXX XXXX XXXX as the lender, XXXX XXXX, XXXX. as the trustee. I was a borrower of this Mortgage XXXX. The Deed of Trust identifies me as the Borrower. I sent documents to Shellpoint numerous times. In XXXX, I sent Notice of Error ( NOE ) and Request for Information ( RFI ) to Mortgage Loan Servicer Shellpoint Mortgage Servicing ( Shellpoint ). Shellpoint Mortgage Servicing is a division of Newrez LLC. ( Newrez ). Shellpoint responded to my NOE & RFI. However, Shellpoint did not answer most of my NOEs & RFIs. Shellpoints deficient foreclosure policies and procedures violate Regulation X. They failed to ensure that Shellpoint receives accurate and current information reflecting its foreclosure attorneys actions. In fact, Shellpoint has failed to accurately maintain foreclosure-related information necessary to ensure that it provides borrower with required foreclosure protections. As a result of these and other failures, Shellpoints Trustee XXXX  have wrongfully initiated foreclosure proceedings. Shellpoint and XXXX sent me an inaccurate payoff quote that caused the borrowers pending property sale to fall through. Shellpoint failed to comply with foreclosure restrictions in Regulation X and other federal and state restrictions in order to ensure that homeowner has an opportunity to save my home before foreclosure is initiated. I found that Shellpoint provided inaccurate descriptions of payments and transaction information, which may have misled borrower. This is unfair practice and violation by mortgage servicer Shellpoint. Shellpoint violated the RESPA, which prohibits, among other things, providing something of value to any person with an agreement or understanding that the person will refer real estate settlement services. Mortgage Servicers must comply with the error resolution and information requests provision. Shellpoint has failed to protect borrower when it has made servicing errors. Shellpoints errors at loan servicing stage have made it even more important that the company adequately investigate and respond to me complaints and notices of errors & request for information. These functions can act as a safety net to catch borrowers before borrower further harmed by a servicers unlawful conduct. Here, too, Shellpoint has failed. Shellpoint has routinely failed to reasonably investigate, and, when appropriate, make corrections in response to me complaints and notices of errors & request for information. These failures have caused serious harm to me. As a result of Shellpoints above policies and procedures, which also apply to NOEs, Shellpoint has failed to conduct reasonable investigations and/or, where appropriate, make corrections of errors in my Notice of Error & Request for Information. Shellpoint has not responded to all notice of errors or information request that I sent. Shellpoint failed to provide my Request for Information ( RFI ) and Shellpoint also failed to correct errors in Notice of Default, Broken Chain of Title, etc. Shellpoint, BNYM Certificate, Foreclosure Trustee did not file rescission of notice of default. Shellpoint just stated the Owner of Mortgage Loan is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint is acting on the BNYM Certificate 's behalf. Mortgage Loan Servicers and Trustee violated various state and federal laws in initiating a non-judicial foreclosure of subject property. Mortgage Loan Servicers participated and conspired with XXXX XXXX in the FRAUDULENT TRANSFER ( Fraudulent Assignments of Deed of Trust ) of the Subject Property. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) suddenly appeared in foreclosure actions ( recorded Notice of Default, Notice of Trustees Sale ). XXXX called themselves Trustee. Notice of Default was filed in XXXX, listing XXXX as the XXXX for XXXX. Notice of Default was executed on XX/XX/XXXX by XXXX XXXX acting as authorized agent for XXXX. Shellpoint and XXXX do not have the authority to foreclose on my home because Shellpoint, XXXX XXXX and XXXX do not own the note, have not followed proper foreclosure procedures, have not complied with certain statutory mandates, and XXXX XXXX. I believe my original mortgages debt was satisfied and XXXX lost any beneficial interest in my mortgage when my mortgage securitized the note and sold it to third parties and documents effecting the foreclosure process were invalid because they were improperly recorded and/or signed by someone who lacked the requisite personal knowledge and/or authority to sign. Gap in the chain of title prior to assignment of deed of trust causes the assignment and assigned deeds to be void. Assignment of the Loan is a fraud and forgery and, even if it were not, there is broken chain of assignments from XXXX to XXXX XXXX. Assignment to XXXX XXXX is invalid and demonstrates a break in the chain of assignments of the Deed of Trust and Note. Shellpoint or XXXX XXXX thus has no standing to foreclose as a real party in interest. Shellpoint, XXXX XXXX and XXXX failed to timely inform me of any alleged Appointments, Assignments and transfers of the mortgage in violation of RESPA. Shellpoint, XXXX XXXX and XXXX failed to timely notify me of any change of servicers, and I have made written demands to Shellpoint to show evidence of standing to claim a debt but Shellpoint, XXXX XXXX and XXXX have refused to evidence such standing. XXXX and Shellpoint are without standing to pursue this foreclosure action. XXXX XXXX Shellpoint have represented that XXXX XXXX owns and holds the note and mortgage. However, XXXX Certificates assignments of the Mortgage or Deed of Trust ( Assignments ) were executed by a legal entity that was no longer in existence on the date the document was executed. Assignments of the mortgage or Deed of Trust were executed by an entity whose name is different from the entity named in the original document. XXXX XXXX does not have an interest in the property because the assignments of original Deed of Trust were not properly executed for a variety of reasons. Assignments of the mortgage from XXXX to XXXX XXXX had been robo-signed. Every robo-signed document is XXXX as a matter of law. The assignment ( recorded in XXXX ) was void because XXXX XXXX XXXX was a robo-signer. XXXX XXXX also lacked authority to act on behalf of XXXX or XXXX, therefore the XXXX assignment was unauthorized. It appears to have been executed on behalf of MERS by the same person, XXXX XXXX, who executed the assignments on behalf of XXXX XXXX XXXXXXXX and other companies. I discovered the signature of " XXXX XXXX XXXX '' but with many different titles of multiple entities. On XX/XX/XXXX, XXXX XXXX signed for XXXX XXXX XXXXXXXX As Attorney In Fact for XXXXXXXX XXXX XXXX by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. On XX/XX/XXXX, XXXX signed for XXXX XXXXXXXX XXXX As Attorney In Fact for XXXX XXXX XXXX  by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. At the same period of time ( On or about XX/XX/XXXX ), XXXX XXXX signed for Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX, Successor By Merger to XXXX XXXX XXXXXXXX Its Successor and Assigns as Assistant Secretary ( XXXX Assignment of Deed of Trust ). XXXX XXXX signed this XXXX Corrective Assignment of Deed of Trust ( Subject Property ). XXXX XXXX, who signed the XXXX assignment, as Assistant Secretary of Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), appears to be the same individual who claimed to be both Assistant Secretary of XXXX and Assistant Vice President of XXXX XXXX XXXXXXXX. The intervening assignments are invalid because the individual who " robo-signed '' the assignment on behalf oXXXX XXXX XXXX XXXX XXXX fraudulently held herself out as assistant secretary for XXXX when she was instead an employee of XXXX XXXX XXXXXXXX XXXX XXXX companies. Signature must be signed by a XXXX XXXX XXXX acting within the scope of his/her authority from XXXX Title must be one he/she holds as a real officer of XXXX. XXXX XXXX is not real officer of XXXX. A signer XXXX XXXX actually lacked an agency relationship with XXXX XXXX XXXX also signed the documents ( Assignments of Deed of Trust ) on behalf of many other companies/different entities. This Robo-signed XXXX assignment ( Subject Property ) is void and invalid. XXXX is a XXXX XXXX created by the mortgage banking institutions that used to be lenders and are now servicers the pretender-lenders. XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee. XXXX is described as the nominee for the specifically named lender who is just an originator selling a financial product as described above. XXXX  is used as a cover-up. It effectively hides the title gap in plain sight. The execution of an assignment or corrective assignment presumes that it is acting as an agent for whoever is currently named as the claimant, beneficiary. But no such agency exists in fact or at law. The execution of a security instrument ( mortgage or loan ) by a self-proclaimed servicer ( which performs no servicing duties with respect to receipts data processing and disbursement of money from homeowners ) on behalf of a new entity appointed to be the claimant, beneficiary. But the execution of the assignment by XXXX  on behalf of XXXX after the collapse of countrywide. it does not exist. And XXXX XXXX XXXX did not acquire any ownership interest in any homeowner transactions because countrywide didnt own any such interest. So while XXXX XXXX XXXX was a successor to XXXX, the foreclosure team is relying on appearances in order to get the court to presume that the merger created a transfer of the ownership of the unpaid nonexistent loan account receivable of the mortgage rights from XXXX as originator to XXXX XXXX XXXXXXXX. In such mergers, there is no Mortgage Loan Schedule, nor any written assignment of mortgage. Since the law requires the assignment, the presumption that the transfer could occur without an assignment of mortgage is erroneous. The document is supposedly executed by someone calling themselves an assistant secretary. But note that it does not say that the signor ( XXXX XXXX ) was the assistant secretary of XXXX. There is mention of XXXX  it includes the phrase its successors and assigns such that it is unclear from the grammar utilized whether there is a successor to XXXX  or a successor for the principal in the agency agreement between XXXX and the originator ( XXXXXXXX XXXX XXXX. But there is no succession to either one unless ( a ) someone bought or merged with XXXX or ( b ) someone bought loan accounts receivable from XXXX. Such a sale wouldve been impossible because, by the time of the merger, XXXX had only reserved servicing rights which really only meant the claim to receive servicer advances upon liquidation of a foreclosed property. So there is no XXXX successor and there is no XXXX successor as it relates to either the actual presumed transfer of the alleged underlying obligationXXXX XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the promissory note underlying the security instrument for which it serves as nomineeXXXX XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee Theres No document authorizing XXXX, as nominee for the original lender ( XXXX ), to assign the subject mortgage to the foreclosing trustee. Hence, XXXX lacked authority as mere nominee to assign my mortgage, making any assignment from original lender or XXXX  defective. XXXX, as the nominee not only lacks authority to assign the mortgage, but can not demonstrate the trustees knowledge or assent to the assignment by XXXX to the foreclosure trustee. Any attempt to transfer the beneficial interest of a trust deed without actual ownership of the underlying note, is void under law. XXXX XXXX signed for this XXXX XXXX. XXXX XXXX signed for false beneficiary and MERS illegally named as Assignee/Beneficiary. XXXX named Mortgage XXXX ( XXXX XXXXXXXX XXXX etc. ) as Assignee in XXXX Assignment. XXXX assigned to False Beneficiary/False Assignee or An Impossible Beneficiary. See XXXX XXXX XXXX ( stating a servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation ) XXXX XXXX signed the Assignment of Deed of Trust recorded on XX/XX/XXXX. In XXXX, XXXX XXXX signed the assignment as an XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as Trustee for the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX  Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX XXXX can not be Vice President and Assistant Secretary for this Nonexistent Trust. There is no trust officer appointed by this Nonexistent Trust to actively manage the affairs of the trust. XXXX XXXX should indicate the real company she works for. And XXXX XXXX should indicate her real title of company she works for. I found XXXX XXXX on XXXX. XXXX XXXX profile page on XXXX identifies her as an employee of XXXX XXXX XXXX XXXX XXXX A robo-signed assignment is a void assignment, and a void assignment unravels the entire nonjudicial foreclosure. The Bank and Mortgage Servicer acted with malice by recording ( themselves ) an assignment of an interest it knew it did not possess, fully aware that the ensuing Notice of Default ( XXXX ) and all that followed were void. XXXX XXXX & XXXX XXXX fraudulently executed the assignment and XXXX XXXX & XXXX XXXX were nothing more than what has come to be known as robo-signer-an individual who simply signs thousands of property record documents without any legal or corporate authority whatsoever. XXXX XXXX and XXXX XXXX had signed the assignment on behalf of XXXX ( or beneficiary ) without adding behalf of and/or " as attorney in fact '' the chain of title would be broken, or the assignment would be facially defective. There is no proof of authority anywhere on the document, indicating that XXXX XXXX ( the signer ) & XXXX XXXX ( the singer ) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents. Therefore, these assignments were void since a void assignment lacks any legal effect. XXXX XXXX and XXXX XXXX XXXX ( robo-signers ) signed notarization of these Assignments. These Mortgage assignments with signatures of individuals ( XXXX XXXX & XXXX XXXX ) signing as corporate officers for corporations that never employed them in any such capacity. Contracts that are entered into by someone without capacity, impossible contracts, contracts against public policy and contracts for illegal acts are void contracts. Assignments of the trust deed from the original mortgage holder ( XXXX  ) to XXXX XXXX were void and therefore the foreclosure Notices ( Recording NOD NTS, etc. ) were invalid or void. XXXX XXXX lacked standing to bring the foreclosure action because it was not the owner of the Note when it filed the XXXX foreclosure action ( NOD ). These assignments were improperly executed by " robo signing agents or robo-signer '' and thus XXXX XXXX " does not have lawful ownership or a security interest in my home. Shellpoint does not have standing to foreclose on the subject property as it is not the holder in due course of the subject loan. I'm a victim of robo-signing. A valid Substitution of Trustee has never been made by a beneficiary with authority to appoint a successor trustee which states, The beneficiary may at any time remove a trustee for any reason or cause and appoint a successor trustee, and such appointment shall constitute a substitution of trustee. The recorded Substitution of Trustee fails to meet the requirements in that no document has ever been acknowledged that substitutes or appoints a trustee by an authorized Beneficiary or its agent. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid. A valid Substitution of Trustee to XXXX has never been made in accord with any contractual provision, California statute. Therefore, the Notice XXXX XXXX XXXX is void as the cited Trustee has never been authorized to exercise a power of sale against the property. The XXXX Notice of Default was thus defective because it was recorded by an entity not yet properly substituted as the trustee. See Cal. Civ. Code Section 2934a ( stating that a trustee is properly substituted by the recording of a s substitution ) CCC Section 2934a ( b ) ( stating that if the substitution is executed prior to or concurrently with the recording of a Notice of Default, then Notice of the Substitution must be mailed on or before that recording date ) Section 2934a ( b ) requires that a Notice of Substitution of Trustee include notice of actual substitution. See Cal. Civ. Code Section 2934a ( b ) ( stating that the beneficiary or their authorized agent shall cause notice of the substitution to be mailed ) Here, XXXX was never substituted as the trustee, all actions taken by XXXX were invalid. Substitution of Trustee was never executed. Substitution of Trustee was never mailed. Substitution of Trustee was never recorded. This is in clear Violation of Section 2934a & 2934a ( b ). Since theres No Substitutions of Trustee ( Theres No appoint to new trustee XXXX ), XXXX can not file Notice of Default ( NOD ), Notice of Trustees Sale ( NOT ) against subject property. NOD recorded on XX/XX/XXXX and Notice of Trustees Sale ( NOT ) recorded on XX/XX/XXXX. Recordation of the NOD ( XXXX ) and NOT ( XXXX ) were Void because XXXX NOD & XXXX NOT were not executed by authorized Trustee. XXXX & Shellpoint knew all these assignments of deed of trust, XXXX NOD, and XXXX NOT were void, invalid, and fraudulent. Only the original trustee ( XXXX ) or a properly substituted trustee may carry out a foreclosure, and substitutions of trustee must be recorded. Without a proper substitution of trustee, any foreclosure procedures ( including sales ) initiated by an unauthorized trustee are void. XXXX has No authority to sell my property. I face the prospect of losing my home due to the actions of an entity that has no power to foreclose because it does not own my Deed of Trust. There is no evidence as to what rights if any XXXX XXXX had in the subject Note and Deed of Trust or its relationship with XXXX. This defect was so substantial that it broke the chain of title and rendered the foreclosure sale void. Endorsement to the Mortgage Note : A copy of the original Note made payable to the originator is offered as evidence. Although there is adequate room on the note, no endorsement appears on the Note. An unattached Endorsement Allonge is offered with no explanation as to why an allonge is necessary given that there is adequate room on the note for an endorsement. Nothing standing the lack of an endorsement on the actual note, the Endorsement allonge is not clear, not XXXX XXXX. Shellpoint, XXXX XXXX and XXXX have offered no competent evidence of standing : No Valid and No Certified Copy of Assignment of Deed of Trust. No endorsed Note to XXXX XXXX and no proof of Delivery Note. XXXX XXXX lacks standing, is not a Real Party in Interest, and offered no evidence that it is the current holder of the mortgage Note. No Certified Assignment is offered. The copy of the mortgage Note offered by the XXXX XXXX does not include a valid endorsement, in blank or otherwise nor any proof of acceptance or delivery of the note. Heres Assignments of DOT History. The Assignment ( recorded XX/XX/XXXX ), assigned to The Bank XXXX New York, As Trustee for the Benefit of XXXX XXXX XXXXXXXX XXXX XXXX XXXX-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The assignment ( recorded XX/XX/XXXX ), assigned to Bank XXXX New York XXXX XXXX XXXX Bank XXXX New York, as Trustee for XXXX XXXX XXXX, XXXX, XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. Corrective Assignment of Deed of Trust ( recorded XX/XX/XXXX ), assigned to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX. However Shellpoint stated the owner of loan is XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The name of the owner of the loan is different from Assignments of Deed of Trust. They added the XXXX XXXX XXXX XXXX XXXX XXXX in assignee name themselves. Theres no XXXX XXXX XXXX XXXX XXXX XXXX in Assignments of Deed of Trust. They created this fake name/fake entity without recording the Assignment of Deed of Trust XXXX XXXX XXXX XXXX XXXX Shellpoint stated Current Beneficiary full name ( owner of mortgage loan ) is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint and XXXX should explain why XXXX beneficiary ( XXXX XXXX ) full name is different from Assignments beneficiaries ( XXXX, XXXX, XXXX ). Please read all assignments of DOT carefully. XXXX XXXX full name is different from these Assignments beneficiaries full name. There is no identification of the certificates nor any identification of the holders of the certificates. The certificates do not convey any right, title or interest to any debt, note or mortgage, nor any payment or proceeds arising from any loan. Thus no claim could be made for a loss on an investment that does not exist. There is no investment in loans directly or indirectly. There is no representative capacity. XXXX does not represent the interests of investors in the certificates. XXXX XXXX has no powers of administration, collection or enforcement over any debt, note or mortgage and in fact has no right to even make an inquiry as to the status of any loan. Neither XXXX XXXX nor the implied trust have ever paid value for the underlying dead, they could not possibly own the mortgage and therefore could not possibly authorize enforcement. The use of the name of XXXX XXXX might be authorized in an agreement with an investment bank to use the XXXX XXXX XXXX XXXX XXXX XXXX XXXX name as part of a license agreement, but such an agreement violates existing law by naming a party as an entity who has no claim. Since that is an agreement to violate the law, the authorization is a legal nullity. And that obviously means that the Foreclosure bill did not have any real authority or any contract under which it was authorized to file a foreclosure action that had a XXXX XXXX XXXX XXXX XXXX XXXX or any trust or any investors. Loan Servicer Shellpoint has no operative relationship with XXXX XXXX because the named XXXX XXXX has no claim. Mortgage XXXX Shellpoint XXXX have some agency with XXXX XXXX but that does not create the rights they seek to enforce. Bank XXXX New York XXXX as trustee for the certificate holders is an exercise in deceit and fraud. XXXX XXXX is not making any appearance despite its name appearing in the title of the document or case. It is named as being a trustee which means by definition that it is not appearing on its own behalf but rather appearing on behalf of a trust. There is never any allegation in XXXX Certificates foreclosure action that states that the trust was organized and existing under the laws of some U.S. jurisdiction. FOR THE CERTIFICATE HOLDERS IS A DEAD GIVE-AWAY THAT THERE IS NO CREDITOR BNYM IS NOT A TRUSTEE FOR ANY CERTIFICATE HOLDERS BECAUSE THE CERTIFICATE HODLERS ARE NOT BENEIFICAIRIES OF ANY TRUST. Upon reviewing all of the Recorded Deeds, the Chain of Title clearly reflects that XXXX XXXX was never granted title by A VALID GRANTOR. Therefore, Shellpoint and XXXX had no authority to prosecute the foreclosure action. Clearly, Shellpoint and XXXX XXXX have failed to show standing and a proper chain of title of the note. Shellpoint, XXXX XXXX and XXXX have demonstrated that it lacks the right to initiate the pending non-judicial foreclosure. As Shellpoint has failed to meet its burden of proof to establish standing, the foreclosure on XX/XX/XXXX must be cancelled. XXXX instituted non-judicial foreclosure proceedings on a subject property. XXXX was not the trustee named in the deed of trust, so under XXXX XXXX XXXX, XXXX was required to record a Substitution of Trustee, but failed to do so. Failure to comply with state and federal law can result in serious consequences for the loan servicer Shellpoint. XXXX was not formally named as trustee until after they recorded the XXXX Notice of Default and XXXX Notice of Trustees Sale. Valid Mortgage holders did not execute a substitution formally naming the trustee delivering the XXXX Notice of Default as the substitute trustee until today. They didnt correct assignment before recording XXXX NOD against subject property. They must explain why entities full names in assignment of DOT are different from XXXX XXXX. Shellpoint and XXXX XXXX have no right to foreclose on my property because the last recorded assignment of deed of trust reflects that XXXX is the beneficiary, and not BNYM Certificate. See Assignment. XXXX XXXX and Shellpoint violated Cal. Civ. Code Section 2932.5 because they do not have the power of sale and have not demonstrated legal standing to foreclose upon subject property. The entity that issued the NOD to me on XX/XX/XXXX, acted before it had legal authority to do so pursuant to an assignment of the deed of trust. The foreclosing parties had no actual authority to foreclose my home. The foreclosing party did not have a recorded assignment in place under section XXXX, which XXXX XXXX was not actual the beneficiary and XXXX was not an authorized agent of beneficiary or trustee. It appears XXXX is attempting to act as agent to Servicer Shellpoint, but it is unclear on behalf of what entity it was acting and whether said entity had any interest in the subject property. The foreclosure was not initiated by the correct party. At the time of NOD ( XXXX ), there had been no assignment to XXXX XXXX. The wrong parties issued the Notice XXXX XXXX. The threat of foreclosure by wrong party is sufficient to constitute prejudice to the homeowner because there is no power of sale without a valid Notice of Default. I was harmed by not knowing the true of Note. I was harmed by not being able to name the real party of interest. The XXXX Assignment & XXXX Assignment were void, and therefore the XXXX Notice of Default ( NOD ), and XXXX Trustee 's Sale Notice, were void. Theres No Substitute Trustee and therefore XXXX Notice of Default and XXXX Notice of Trustees Sale were void. Shellpoint, XXXX XXXX, XXXX did not have standing to foreclose on the Subject Property because none of them was the lender under the Loan, the holder of the Note, or the holder of a beneficial interest in the Deed of Trust. Again, ( 1 ) The assignment of the deed of trust to XXXX XXXX was unlawfully recorded and void. ( XXXX ) The substitution of the trustee from XXXX to XXXX was void. ( XXXX ) The Notice of Default ( NOD ) was unlawfully recorded in XXXX. Defects in the foreclosure process and the authority of XXXX to foreclose on my property. XXXX XXXX and Shellpoint lacked authority to appoint the XXXX XXXX. Foreclosure actions of Shellpoint and XXXX have resulted in borrower being threatened with the loss of the property. Shellpoint and XXXX intentionally, knowingly and recklessly misrepresented to me those agents of Shellpoint and XXXX were entitled to exercise the power of sale provision contained in the Deed of Trust. In fact, Shellpoint, XXXX XXXX, and XXXX were not entitled to do so and have no legal, XXXX, or actual beneficial interest whatsoever in the subject property. Shellpoint, XXXX XXXX and XXXX began their fraudulent foreclosure proceedings, Shellpoint, XXXX XXXX, and XXXX were not acting in good faith while attempting to collect on the subject debt. Shellpoint, XXXX XXXX and XXXX committed the acts set forth above with complete ; utter and reckless disregard of the probability of causing homeowner ( me ) to suffer severe emotional distress. As an actual and proximate cause of Shellpoint, XXXX XXXX and XXXX attempt to fraudulently foreclose on my home or claim of the right to foreclose on my home, I have suffered severe emotional distress, including but not limited to lack of sleep, XXXX XXXX XXXXXXXX. Shellpoint and XXXX committed fraud by filing a fraudulent assignment of mortgage from XXXX to Shellpoint ( as servicer ). XXXX filed NOD with actual knowledge that the averments and representations made in those papers were false. XXXX had actual knowledge of the falsity of any averments and representations made on behalf of the current servicer of the mortgage. Throughout the foreclosure action, Shellpoint and XXXX have represented that XXXX XXXX owns and holds the note and mortgage. I request a determination of the rights, obligations and interest of the parties with regard to the subject property, and such determination is necessary and appropriate at this time under circumstances so that all parties may ascertain and know their rights, obligations and interests with regard to the property. I request a determination of the validity of the Trust Deeds as of the date the Notes were assigned without a concurrent assignation of the underlying Trust Deeds. I request a determination of the validity the Notice of Default ( XXXX NOD ). I request a determination of whether Shellpoint, XXXX XXXX and XXXX have authority to foreclose on subject property ( my property ).