Consumer complaint received 2025-10-01 00:00:00
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
State: NY

Complaint narrative:
Re : XXXX XXXX Demand & RESPA Notice Unfair and Deceptive Mortgage Servicing Practices To Whom It May Concern : I am the borrower on the mortgage loan secured by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I am writing pursuant to XXXX XXXX XXXX XXXX XXXX XXXX  to demand relief for unfair and deceptive acts committed by NewRez LLC XXXX Shellpoint Mortgage Servicing ( Shellpoint ) in connection with servicing this loan. The XXXX XXXX Notice dated XX/XX/XXXX, identifies factual inaccuracies and omissions. 

Facts Shellpoint received preservation payments that were recognized in my bankruptcy proceedings in from XXXX through XXXX yet continues to assert I defaulted inclusive of this period. 
Shellpoint withheld a required appraisal for approximately XXXX  months before negotiating loss mitigation, in violation of federal servicing standards and industry duties of good faith. 
Shellpoint offered a conditional modification/settlement of $ XXXX that I accepted but they failed to honor. 

Per the XXXX Right-To-Cure notification, there is {$1700.00} as an unapplied balance, further evidence of misapplied preservation payments and other accounting issues. 
Shellpoint referred my loan to outside counsel ( XXXX XXXX XXXX XXXX XXXX ) to collect on disputed amounts, misrepresenting my account status. This notice is defective because it implies personal liability on a discharged debt in violation of Bankruptcy Code - Discharge Injunction Violation ( 11 U.S.C. 524 ( a ) ).

Key Errors in Shellpoints Right to Cure Notice 1. 1 ) Failure to account for courtapproved preservation payments. 
I made preservation payments in the amount of {$2300.00} per month from XX/XX/XXXX through XX/XX/XXXX pursuant to orders entered in my bankruptcy case. Your Right to Cure Notice asserts nonpayment of every monthly installment from XX/XX/XXXX through XX/XX/XXXX. By ignoring XXXX years of preservation payments recognized by the bankruptcy court, the Notice materially overstates the arrears and is misleading. 
XXXX. XXXX ) Servicing transfer/recordkeeping deficiency. 
Shellpoint requested I supply proof of the XXXX payments because it did not have the complete prior servicers history ( See enclosures : Years XXXX and XXXX are missing in their entirety ). After I directed Shellpoint to the bankruptcy court docket, Shellpoint still forwarded inaccurate loan histories and noticed default for the entire period. This demonstrates a failure to maintain accurate loan records following a servicing transfer and to conduct a reasonable investigation of my dispute. 

XXXX. XXXX ) Escrow and unapplied funds discrepancies. 
The Notice reflects multiple stepups in escrow amounts and an unapplied balance of ( {$1700.00} ) held in suspense. Shellpoint has not explained why those funds were not applied to reduce arrears or principal. Without a contemporaneous escrow analysis and a full suspense account history, Shellpoint can not lawfully demand inflated arrears or declare default based on amounts not actually due. 

Errors Under Massachusetts and Federal Law Massachusetts law ( G.L. c. XXXX, XXXX ) requires strict compliance with default/Right to Cure requirements ; misstated or misleading arrears figures render a notice defective. Further, federal servicing regulations require accurate account maintenance, timely investigation and response to borrower disputes, and goodfaith lossmitigation handling. As with XXXX XXXX XXXX Shellpoint in XXXX for mishandled servicing & foreclosure practices, there is already precedent for misconduct. 

Violations Unfair and deceptive acts under XXXX. XXXX XXXX, c and XXXX ; Violations of 12 U.S.C. 2605 ( RESPA ) and 12 C.F.R. 1024.35, 1024.36 ; and 1024.41 ; Violations of 12 C.F.R. 1024.38 ( servicing policies and procedures ) ; Bad faith conduct similar to conduct found unlawful in the XXXX XXXX Attorney Generals settlement with Shellpoint. 

Demand for Immediate Action Provide a written correction and reconciliation of my account that credits all preservation payments made between XX/XX/XXXX and XX/XX/XXXX ; Produce a complete payment history/transaction ledger from XX/XX/XXXX to present, including suspense account activity, unapplied funds, and application dates ; Produce all lossmitigation logs and the appraisal order/receipt timeline, along with all communications with prior servicers ; Provide escrow analyses supporting each escrow amount reflected in the Right to Cure Notice and correct any overcharges ; Issue a corrected Right to Cure Notice, if Shellpoint continues to contend a default exists, reflecting accurate arrears and dates ; Cease any foreclosure activity and collection efforts based on inaccurate figures until the above corrections are completed. 

Response Deadline This is both a XXXX XXXXXXXX demand and a RESPA Notice of Error/Request for Information. Please provide a written response within 30 days under XXXX XXXX and within the timelines specified by 12 C.F.R. 1024.35 and 1024.36. Failure to timely correct and respond will result in the pursuit of all remedies, including suit for damages, attorneys fees, and multiple damages for willful violations. 

Enclosures First and second request for Loan History from Shellpoint Mortgage Servicing Shellpoint Mortgage Timeline from the Compliance Department noting the history of requests for an accurate Loan History and Declinations of Loan Modification Requests on XX/XX/XXXX and XX/XX/XXXX. 
Debt Collection Notice from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX United States Bankruptcy XXXX XXXX XXXX XXXX XXXX XXXX XXXX attached to Affirmation of Debtor Opposition to Lift Stay Motion Exhibit A. 

If Shellpoint fails to make a reasonable written offer of settlement within 30 days, I will file suit seeking multiple damages, costs, and attorneys fees as authorized by XXXX XXXX, XXXX. 

The files with the loan history ( first and second requests ) from Shellpoint Mortgage Servicing are too large to upload, and by certified mail I have forwarded a complete history/package to your XXXX XXXXXXXX XXXX XXXX all enclosures listed above. Shellpoint 's Compliance Department mailed me a timeline asserting there there are no errors or omissions, however, as I pointed out on several occasions, the years XXXX XXXX XXXX are missing in their entirety which you will note when my package is arrives. To that end, the XXXX XXXX is defective.

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