Consumer complaint received 2024-03-17
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: Shellpoint Partners, LLC (TX)

Complaint was made before on servicer Shellpoint XXXX complaint number XXXX. 
Shellpoint Mortgage Servicer Transferred debt without answering validation of debt Letter and or my QWR asking for proof of ownership of the debt 1. Shellpoint Servicer first recorded assignment of deed of trust record dated XXXX used to commence a nonjudicial foreclosure action that was scheduled XX/XX/XXXX Shellpoint then removed assignment off record after foreclosure attempt failed. Shellpoint First stating they were { holder in due course } for XXXX but attempted to Foreclosed as ( Holder ) for New Rez fka New Penn d/b/a Shellpoint Mortgage Servicer, Failed Foreclosure then Transferred the debt out Debt was already accelerated XX/XX/XXXX and a judgement granted to XXXX XXXX in XXXX adversary and placed on Title record, XX/XX/XXXX debt now defaulted debt and time Barred Debt when Shellpoint attempted its first foreclosure action in a nonjudicial process XX/XX/XXXX XXXX. After removing the first alleged assignment from record Shellpoint Mortgage Servicer placed a new assignment threw Mers Data Base assignment from Mers as nominee/beneficiary to Shellpoint XX/XX/XXXX recorded XX/XX/XXXX yet the Assignment to XXXX XXXX XXXX XXXX XXXX XXXX Acquistion was transferred from Shellpoint to XXXX XXXX XXXX before the Mers Transfer to Shellpoint. That transfer was signed XX/XX/XXXX recorded XX/XX/XXXX makes this transfer a Nullity and impossible to transfer to XXXX XXXX XXXX XXXX. XXXX XXXX acquisition All recorded on county records and is being used to attempt a second nonjudicial foreclosure with new Servicer XXXX XXXX a debt collector/servicer. Enclosed you will find that this debt was deemed unsecured and unenforceable back in XXXX by a XXXX XXXX XXXX Trustee ( XXXX XXXX ) The debt was accelerated in XXXX and a Final Judgement rendered to XXXX XXXX XXXX and placed on title. XX/XX/XXXX Shellpoint attempted a non- judicial foreclosure after last payment in XX/XX/XXXX 8yrs later and Final Judgement XX/XX/XXXX 6ys and 6 months later This was 6 months pass Texas and Federal laws 6yr Statue of limitation clause on defaulted and Zombie loans and also would be considered time barred debt, The alleged assignments were place on my record to cloud the record so that I can't sell the property and to commence a second nonjudicial foreclosure attempt to steal the title without a judicial hearing to show ownership of debt, XXXX XXXX now XXXX yrs later from last payment and XXXXyrs later from final judgement once again time barred debt and the debt collector never informed me the debt was time barred debt being collected upon. Furthermore there is no transfer of judgement on land record, and this is still unenforceable debt No mortgage lein or original deed of trust on record and this why a judgement lien was rendered in XXXX. Shellpoint Mortgage servicer did a assignments from Mers data Base which would be impossible and fraudulent assignments This debt is considered a zombie loan, As the trustee stated in XXXX that this debt was unsecured and unenforceable debt, a lien never recorded on record no one ever filed for a lost note at this time. How can an assignment of deed of Trust attach itself to a Judgement lien in XXXX 7 years later. when it is now accelerated defaulted debt and time barred debt and furthermore neither servicesr will answer a validation letter and or QWR with proof who is now the owner of this time barred debt. Recording fabricated assignments on land records is a crime and is the easiest way for title thief and or a non-judicial foreclosure to steal the property from rightful owner. This needs to be investigated and sent up to the federal0 department for further investigation for Mortgage fraud and or Title Thief of private property. These assignments are now clouding the record so that I can't sell the property and pay the debt to the rightful lien holder of the Judgement ( XXXX XXXX  ) whom the Judge believed to be the owner of the date at the time. The servicer is once again making themselves Holder in due course when this debt was transferred assigned or sold after it was accelerated and in default. This is also impossible. The property is now on a non- judicial foreclosure list from defaulted debt ( a Zombie Loan ) and fabricated wrong assignments recorded on record threw a Mers data base. I'm asking that CFPB intervene and do not allow this non judicial foreclose sale, to stop the non- judicial sale until these manners are resolved and further investigations is prevailed, as you can see Respa and FDCPA violations are being ignored by both servicing companies Shellpoint Mortgage servicer and XXXX XXXX are committing crimes with these fabricated assignments of records and transfer of the deed of trust showing no transfer of the defaulted debt that was render to a Judgement. Furthermore, attaching a copy of a security instrument ( deed of Trust ) to a judge 's judgement is illegal and then doing assignments to that Judgement is also illegal. Instrument # XXXX