Consumer complaint received 2024-11-12 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Lien release
Company: Shellpoint Partners, LLC
State: AL

Complaint narrative:
Complaint Against NewRez LLC Regarding Collection Activity and Inactive MERS Status This letter serves as a final notice and formal complaint against NewRez LLC regarding continued collection activity despite their inactive status in the MERS ( Mortgage Electronic Registration Systems ) under Servicer ID XXXX. I am the trustee of the XXXX XXXX XXXX XXXX XXXX, with fiduciary responsibility to ensure all duties are met to protect the assets and rights of the Trust. 

Account Number : XXXX I am filing this complaint because MERS, the Mortgage Electronic Registration Systems, has been listed as inactive on my mortgage record for an extended periodover XXXX years, according to my records. Since MERS originally held the electronic title rights for my loan, this prolonged inactive status raises concerns about the clarity and accuracy of title ownership and recordkeeping. This creates uncertainty regarding who legally holds my mortgage, which could affect future servicing, title verification, and the Trust 's rights. I am requesting assistance to ensure my mortgage records are accurately maintained and to address any implications of MERS inactivity by my mortgage servicer. 

As trustee, I am formally requesting an immediate response and investigation due to the breach of trust and multiple violations of borrower rights under the Real Estate Settlement Procedures Act ( RESPA ) and the Truth in Lending Act ( TILA ) committed by NewRez LLC. Additionally, I am seeking setoff and restitution for all monthly payments made in good faith, specifically a refund of {$940.00} per month since XXXX, to address the financial hardship and unjust enrichment resulting from NewRezs inactive status. Please be advised that this request for restitution does not constitute a waiver of the Trust 's rights to pursue further compensation, restitution, and damages, as I am prepared to pursue court action if necessary. 

Summary of Violations and Timeline Inactive MERS Status : Shellpoints inactive status in MERS raises significant concerns regarding their authority to collect on this mortgage, as confirmed through recent MERS records. 

Continued Collection Despite Inactive Status : Despite being inactive, Shellpoint has continued monthly collections without disclosing this status, constituting a breach of trust and violating my fiduciary duties to protect the Trusts interests. 

Failure to Provide Documentation : Prior Qualified Written Requests ( QWR ) for essential documentation, including a MERS Milestone Report, have gone unanswered. This report is critical for verifying the mortgages ownership and servicing rights history and confirming NewRezs legal authority to act as servicer.

Legal Violations, Breach of Trust, and Financial Restitution Failure to Verify Legal Right to Collect : Collection activities under an inactive MERS status, without validating NewRezs servicing rights, violate both RESPA and TILA, causing financial hardship to the Trust, as monthly payments have been made in good faith. 

Unjust Enrichment and Bad Faith : Continued collections under inactive status, without transparency, constitute unjust enrichment and reflect bad faith.

Non-Response to QWR : NewRezs lack of response to the QWR and requested MERS Milestone Report further violates RESPAs requirements for timely responses, impacting my fiduciary ability to protect the Trusts assets.

Requested Action I request that the CFPB take immediate action to : Obtain a MERS Milestone Report documenting all ownership and servicing changes for this mortgage.

Confirm Shellpoints legal authority to collect payments while designated inactive in MERS.

Provide the full set of origination and servicing documents, including the original agreement with XXXX XXXX XXXX XXXX. 
Facilitate a setoff to balance the ledger for unjustly collected payments since XXXX and secure restitution of {$940.00} per month, in addition to my down payment of {$43000.00} as part of my " EQUITY '' in the property, along with additional compensation for financial hardship, unjust enrichment, and other damages resulting from Shellpoints actions. 
Remove any negative items inaccurately reported on my credit report to reflect an accurate account history. Total Equity and Investment with Reservation of Rights The total estimated investment and equity in this property is {$280000.00}, accounting for my down payment, monthly mortgage payments, costs for equipment, and maintenance expenses since XXXX. I am providing this calculation to establish my financial stake as the equitable owner and to reflect the full scope of my commitment and contributions. However, I explicitly reserve all rights to seek additional compensation for the emotional and financial hardships caused by NewRez LLCs actions. 

NewRez LLC has subjected me to considerable distress, financial hardship, and mental anguish. This includes sleepless nights, anxiety, and the ongoing stress of receiving default letters despite my rightful position as the XXXXquitable owner holding the highest title. Furthermore, their actions have jeopardized my sole source of income, threatening my ability to provide for my family and maintain stability.

Additionally, NewRez LLC has violated my privacy by sending default letters directly to my tenant, which is a breach of trust, privacy, and a clear instance of bad faith. My commitment to fulfilling my obligations has been met with unjust enrichment on NewRezs part, as they continue to act without regard to the payments tendered and the value I have built in this property. I assert my rights to pursue further relief and compensation for all harms and injustices I have endured. 


This final notice seeks a prompt and comprehensive resolution. Please be advised that I am prepared to pursue court action if this matter remains unresolved. 

Furthermore, I am formally demanding the immediate removal of the incorrect negative items reported by NewRez LLC on my credit report. These inaccurate entries, including the erroneous XX/XX/XXXX negative item and other missing data points from XXXX, XXXX, XXXX, and the XXXX XXXX discrepancy, have caused my credit score to drop significantly and are imposing a financial burden. These inaccuracies not only harm my credit profile but also violate the standards of fair and accurate credit reporting as required under the Fair Credit Reporting Act ( 15 U.S.C. 1681 ). I insist that NewRez LLC take swift action to investigate and permanently remove any inaccurate negative items from my credit report, ensuring that my account history is reported accurately and fairly. I expect a prompt resolution and written confirmation of the corrections. 

Enclosed you will find a recent copy of my credit report showing the negative items, as well as a copy of the MERS ServicerID which indicates NewRez LLCs inactive status.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation