Consumer complaint received 2022-06-13
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Shellpoint Partners, LLC (VA)

( CFPB-guidelines prohibited Foreclosure practices VIOLATION ) Dear Sir/Madam, I have illegal foreclosure sale setup for - XX/XX/XXXX ( explanation provided below ) I am principal residence of property since XXXX. I want to keep my home- I have been maintaining this property for last 15 years. 
My only goal is to keep my home and save my family from this event after 15 years of residency. 
I request CFPB to help me get proper workout on modification, validation of debt involved in this loan and also loan complies with statute of limitations set by state of XXXX 
Past Due balance showing up on Foreclosure NOTICE is in VIOLATION statute of limitations XXXX State Statute of limitations Apply 8.3A-118. Statute of limitations. - 10 years - note is barred Foreclosure Notice showing PAST DUE show {$750000.00} with last payment received XX/XX/XXXX ( invalid debt amount violation of statute of limitations apply ) original LOAN amount is {$590000.00} with DUE date XX/XX/XXXX - Foreclosure notice confirming payment date more than 10 years ago. This notice also confirms last payment received XXXX. 
Proof attached response from shell point response and foreclosure notice confirming its more than 10 years. 
SHELLPOINT mortgage is not allowed to start LEGAL ACTION as statute of limitations applies on this NOTE. 
LEGAL ACTION prohibited by XXXX LAW starting legal action - CONTACTING/REFERING to ATTORNEY for Foreclosure is prohibited by LAW. 
Shell point mortgage also involved in dual tracking and evasive prohibited loan modification practices. 
Shell point mortgage assigned single point of contact but single point of contact intension was to steer loan to foreclosure instead of giving proper modification offers or availability based on income and affordability. I applied modification but I never received any document on receipt of application - assigned single point of contact started foreclosure sale before giving affordable option for modification or even alternate options to foreclosure. SINGLE POINT of contact doesnt respond to any inquiry. SUPPOSED TO HELP HOMEOWNER. 
Shellpoint mortgage serving also using evasive illegal modification practices as stated above - meant to help home owners. As of XX/XX/XXXX - I never received any notification of letter from shell point mortgage or single point of contact that there is upcoming sale of foreclosure of XX/XX/XXXX - this is violation of applicable laws and guidelines. 
I only received notice from trustee- NOT servicer this is also violation of law. I applied for modification but never received any receipt. 
I have XXXX XXXX XXXX XXXX XXXX  past due since XXXX. Now shell point mortgage trying to foreclose my property after covid 19 restrictions ending. 
Foreclosure Notice showing PAST DUE show {$750000.00} with last payment received XX/XX/XXXX ( invalid debt amount violation of statute of limitations apply ) original LOAN amount in foreclosure notice {$590000.00} with DUE date XX/XX/XXXX - Proof attached Foreclosure notice confirming payment date more than 10 years ago. 
its already 10 years I need debt validation and accounting on debt involved here there is XXXX State Statute of limitations 8.3A-118 violation. 
I filed new dispute but shell point servicing no longer responding to nay request its already past 60 days. 
Previous disputes not provided any documents based on following laws : I uploaded response received stating I disputed debt but noting received regarding debt and XXXX State Statute of limitations 8.3A-118 violations. 
RESPONSE RECEIVED ON XX/XX/XXXX stating that LOAN due for XXXX XXXX is barred by State Statute of limitations 8.3A-118 - 10 years. 
LAW prohibits Shellpoint Mortgage to start LEGAL ACTION based on invalid and barred DEBT generated by NOTE. 
FORECLOSUE ACTION IS UNLAWFUL DEBT INVOLVED IS BARRED - State Statute of limitations 8.3A-118- 10 years Limitations apply. 
I disputed based on - verify the debt as required by the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act requires you to respect this request. See 15 U.S.C. 1692 ( c ). its already 60 days - no documents received Also requested RESPA information - its already 60 days - no documents received violation of RESPA Also sent this letter as a " Qualified Written Request '' under the Real Estate Settlement Procedures Act, 12 U.S.C. 2605, and Reg. X, 24 CFR 3500.21 of the United States Code. As you likely know, these laws provide substantial penalties and fines for noncompliance or failure to answer my questions provided in this letter I have XXXX  XXXX XXXX XXXX mortgage past due since XXXX ( Loan is part of Mortgage crisis XXXX XXXX ) Due to lender involved in lending fraud my loan kept changing services - services always tried to foreclose using DUAL TRACKING while working on modification. 
This loan is part of XXXX XXXX settlement and Investor : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  AS TRUSTEE ( XXXX XXXX ) - trustee claimed and received {$1.00} XXXX. XXXX XXXX XXXX I have not paid any payments on mortgage since XXXX XXXX as there was no option available to pay monthly payment after - XXXX - Foreclosure Notice showing PAST DUE show {$750000.00} XXXX with last payment received XX/XX/XXXX ( invalid debt amount violation of statute of limitations apply ) original LOAN amount in foreclosure notice {$590000.00} with DUE date XX/XX/XXXX. Proof attached response from shell point response confirming its more than 10 years. 
its already 10 years I need debt validation and accounting on debt involved here there is XXXX State Statute of limitations 8.3A-118 violation. 
Following law applies on note : 8.3A-118. Statute of limitations. - 10 years note barred LENDER SERVICER and TRUSTEE ignoring statute of limitations CFPB foreclosure guidelines states servicer should honor state laws on statue of limitations. 
I did disputes but lender or servicer doesn't respond I have also uploaded XXXX State Statute of limitations 8.3A-118 law document Shellpoint Mortgage should honor CFPB regard statute of limitations and cancel foreclosure pending investigation. 
This is XXXX XXXX XXXX XXXX mortgage - lender using same illegal procedures Please start inquiry in practices of shell point mortgage servicing as it fails to follow XXXX State Statute of limitations 8.3A-118 Thanks, XXXX