Consumer complaint received 2024-09-27
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)

Shellpoint did not send me the information I have requested since XXXX of this year. My request is NOT FOR VERIFICATION OF DEBT. my request is a DEMAND TO SEE THE MORTGAGE NOTE Shellpoint must STOP ALL COLLECTION including foreclosure sale until after they have responded to my demand is met. Shellpoint response to my CFPB complaint is insufficient and does not meet the requirements for my DEMAND TO SEE THE MORTGAGE NOTE. 

HERE IS THE LETTER WHICH WAS SENT TO SHELLPOINT IN XXXX OF THIS YEAR. 

Account Number XXXX XXXXXXXX DEMAND TO SEE THE MORTGAGE NOTE Dear Sir or Madam : This letter is a demand to see the note associated with the mortgage on our home under MGL chapter 106 section 3-501 presentment. 

I am in possession of your demand for payment, dated XX/XX/XXXX on the note associated with my mortgage. It identifies you as a collector on this debt. Under MGL chapter 106 section 3-501 the demand for payment represents a presentment. 

Specifically, I am disputing a ) the identity of a true secured lender/creditor, and b ) the existence of debt, and c ) your authority and capacity to collect on behalf of the alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, I require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor. Further, I require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor. 


WHAT YOU MUST PROVIDE FOR PROOF TO THE HOMEOWNER, MAKER OF THE NOTE TO COMPLY WITH LAW Having received your demand, I, therefore, request under the statute that you provide for my viewing : ( 1 ) the wet ink note in its present condition ; ( 2 ) the agency agreement between you and the party claiming to be the note-owner or person entitled to enforce ; ( 3 ) proof that the person entitled to enforce authority under the note is transferee in a legally compliant manner for each transfer of the note from my original lender through to the present claimant with sufficient evidence as to being the person entitled to enforce ( ( a ) that is, proof that each transfer was made with intent and for value for any transfer of the note not made by a special indorsement ; ( b ) further, evidence of the authority of each indorser. ) THESE ARE REQUIREMENTS SUPPORTED BY UNDISPUTED MASSACHUSETTS LAW As long settled and unreversed law since XXXX, in Massachusetts Supreme Judicial Court decisions : The obligation is to whoever, under the law of negotiable paper, may be entitled to exact payment of the note, and the duty for the performance of which the mortgage is security is to pay according to the law of negotiable notes. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) Applying the doctrines of that law relating to payments, a majority of the court is of opinion that those in question were made by the plaintiff at his own risk and peril, and he is not entitled to have them applied in reduction of the amount to be paid upon redeeming the mortgage. XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The plaintiff was unacquainted with the fact that the mortgagee was an agent of some owner of the note, and was not thereby induced to make the payments. He made them solely because he himself assumedwithout inquiry, and without any representations made, and without requiring the production of the notethat the mortgagee continued to be its holder and owner, and he dealt with him as owner, and not as an agent. XXXX XXXX XXXX, XXXX. 

Massachusetts case law holds that it is my responsibility to make inquiryand requir [ e ] production of the note and to identify regardless of who is mortgagee who is its ( the Notes ) holder and owner and acquaint myself with the fact that the party I have been dealing with is an agent of some owner of the note. 

Thus, if you are not the real note owner, to validate that you have a right to collect on the debt, I need the agency agreement between you and the party that proves that they are the real note owner. Further, the legal existence of a still enforceable negotiable note needs to be proven and where it is physically held. XXXX XXXX XXXX XXXX XXXX  ) On top of the unreversed XXXX XXXX XXXX XXXX the Massachusetts appeals Court upheld the homeowners right to see the wet-ink note ; that right should have been enforced by the Trial Court. that XXXX receive the discovery he sought ... including permitting discovery regarding the holder of the note at the time of the foreclosure sale and regarding the servicing and pooling agreement. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX forms were in the record demonstrating the demand for the original wet ink Note. 

ANY DELAY UNTIL YOU PROVIDE THESE DOCUMENTS IS NOT A DELAY IN PAYMENT Further under MGL chapter 106 section 3-501 ( b ) ( 3 ), I am not dishonoring the instrument by refusing payment until such time as these requirements under Massachusetts statutory law have been fulfilled. Therefore, no further debt collection can continue until these statutory requirements have been met. 


SCHEDULING A VIEWING OF/PROVIDING THE WET INK NOTE AND OTHER REQUIRED DOCUMENTARY EVIDENCE TO ME Please do not hesitate to contact me at the following email or phone so that I may schedule to view the wet ink note in its present condition at earliest possible convenience.

Under MGL Chapter 106, Article 3, Sec. 3-111 place of payment, the presentment of the note must occur at the place of payment, if there is no such a location, If the maker has no place of business, the place of payment is the residence of the maker. I will expect notification of a mutually agreeable location near my town, XXXX, the location of my legal home address. 

I remind you that a debt is only enforceable if it has the true signature of the maker on it ( MGL Chapter 106, Article 3, Sec. 3-401 ). And given that paying a person not eligible to be paid does not discharge the debt, ( MGL Chapter 106, 3-602 ), and I have documents that bring into question if you are the person entitled to enforce the Note, I am not obligated to pay you until the viewing of the wet ink note and the above legal documents are provided. 

As well, you may reply to me in writing with all of the documentary evidence attached ( including the original note ) to meet the above enumerated statutory requirements, Sincerely,