Consumer complaint received 2025-09-24 00:00:00
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: Shellpoint Partners, LLC
State: HI

Complaint narrative:
Pertaining to the company US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR XXXXXXXX XXXX-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2, presumably did submit applications for FHA/PTFA loans, and XXXX XXXX  Relief Funding and submitted a fraudulent declaration on XX/XX/XXXX, in Foreclosure Case No. XXXX, we also believe that they applied for insurance monies on the reliance of a deceased person with knowledge and utilized the XXXX XXXX XXXX XXXX XXXX XXXX XXXX and her heirs to apply for said funds, while substituting an heir with a court appointed successor trustee ( XXXX XXXX ) who has no lineal connection to the trust itself. The property was conveyed by way of commissioners deed XXXX XXXX ( XXXX ) XXXX purchased by way of Auction from the foreclosure proceedings. 
XXXX. I have reviewed the XXXX XXXX XXXX XXXX filed in XXXX XXXX. XXXX, which purports to have been submitted by Attorney XXXX XXXX XXXX on behalf of XXXX XXXX Bank. 
XXXX. Upon examination of Exhibit XXXX, in XXXX XXXX. XXXX, I observed that the declaration was not signed by Attorney Doi XXXX, but rather by an individual identified as an underwriter affiliated with Specialized XXXX XXXX XXXX XXXX 
XXXX. XXXX XXXX XXXX XXXX is the authorized mortgage servicing agent for XXXX Bank in the aforementioned case. The individual who signed the declaration is associated with a company that was publicly charged with fraud in XXXX. 
XXXX. Attorney XXXX and her firm subsequently withdrew as counsel in XXXX XXXX. XXXX and ceased participation in the matter. No further filings or appearances were made by her or her firm following the submission of the declaration. 
XXXX. The declaration in question was presented to the court as a compliance document under the XXXX XXXX, yet it lacks authentication by the named attorney and was executed by a third party whose authority and credibility are materially compromised. 
XXXX. These facts raise serious concerns regarding the integrity of the declaration and its admissibility under Hawaii XXXX of Evidence, based on fraud, misrepresentation, or void proceedings. 

The declaration of PTFA compliance was signed by a third-party underwriter from a company charged with fraud by the CFPB in XXXX, not by counsel of record. No certified mailing or conspicuous posting was documented. 

Supporting XXXX : XXXX XXXX. XXXX note ; HUD XXXX, XXXX Fed. XXXX. XXXX ; HRS XXXX ( b ) ( XXXX ) ( XXXX ) ( c ). 

Declaration of XXXX XXXX XXXX provided Improper Notice in Case No. XXXX, * * * * * there is no record of a 90 Day Notice in XXXX XXXX. XXXX. 

XXXX. Process Server XXXX XXXX failed to file a proper Return of Service for the Writ of Ejectment dated XX/XX/XXXX ( XXXX XXXX ), which she claims to have posted on XX/XX/XXXX. This procedural error was compounded by the courts reliance on the Declaration of XXXX XXXX XXXX ( Exhibit XXXX ), which converted the Writ of Ejectment into an Amended Writ of Possession based solely on hearsay. 
XXXX. Neither XXXX XXXX XXXX nor his agents presented the XXXX XXXX of XXXX to me or my family prior to the eviction. The attorneys representing the State requested a XXXX XXXX XXXX on XX/XX/XXXX, but the depositions were canceled on XX/XX/XXXX, and no supporting evidence was provided to me. 
XXXX. I was denied access to XXXX XXXX XXXX ( XXXX ) supplementation responses and a Rule XXXX ( f ) Discovery Conference, which impaired my ability to respond to Defendant XXXX XXXX XXXX for Summary Judgment and related filings. 
XXXX. I respectfully request the CFPB investigate the production of all documentation, communications, and evidence listed in Exhibit A, including but not limited to : EXHIBIT A o Police reports, body camera footage, and investigative records related to the XX/XX/XXXX eviction o Dispatch logs and call transcripts o Communications between attorneys, agents, and sheriffs regarding the execution of writs and XXXX compliance o Financial records and contracts related to the hiring of agents and vendors o Time-stamped photographs and video evidence of property inspections and eviction activities PTFA/FHA non-compliance XXXX XXXX XXXX Strong Indicators of Financial Fraud and Fraudulent Cares Act Declarations, and No return of Service for any of the Writs discovered in Case No. XXXX XXXX has demonstrated that the judgment entered in XXXX XXXX. XXXX was procured through misrepresentation, procedural irregularity, and reliance on unauthenticated and fabricated declarations. 

Defendants improperly rely on the XXXX of XXXX XXXX XXXX to support procedural compliance. Plaintiffs have moved to strike this declaration on the grounds that it substitutes hearsay for verified service records and misrepresents compliance with the Protecting Tenants at Foreclosure XXXX ( XXXX ). The district courts finding that adequate notice was given under XXXX relied solely on Defendants posting of a writnot on certified mailing or verified lease review. This violates both statutory and constitutional standards for notice and due process. XXXX XXXX : XXXX XXXX. XXXX note ; HUD XXXX, XXXX Fed. XXXX. XXXX ; XXXX v. XXXX, XXXX XXXX XXXX ( XXXX ). 

The CARES Act Compliance Declaration, falsely attributed to Attorney XXXX XXXX and executed by an underwriter affiliated with a company charged with fraud, constitutes extrinsic fraud and misconduct. 

US Bank National Association misrepresented XXXX XXXX and failed to serve tenants with valid notices pursuant to HRS XXXX statutory laws. Subpoenas to XXXX XXXX XXXX and XXXX XXXX in Case No. XXXX ( Dkt XXXX, XXXX ) were obstructed, preventing Tenants from obtaining evidence of fraud and procedural misconduct. The XXXX XXXX of XXXX was withheld, and no return of service was filedviolating XXXX XXXX XXXX ( g ). Declarations presented by Attorneys XXXX XXXX and XXXX XXXX XXXX in Case No. XXXX did lead to the eviction wherein there is no record of XXXX notice sent to all tenants from US BANK NATIONAL ASSOCIATION XXXX XXXX TRUSTEE FOR XXXX MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES XXXX, furthermore the Cares Act Declaration submitted was fraudulent in nature. Also, Defendants only notices of an eviction on record are the XXXX documents ( XXXX ) Writ of Ejectment dated XX/XX/XXXX & ( XXXX ) Amended Writ of Possession XX/XX/XXXX.

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